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Changes to the Canadian Environmental Assessment Act, 2012

An overview of the changes made to the Canadian Environmental Assessment Act, 2012, including the process, responsibilities, and timelines for conducting environmental assessments.

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Changes to the Canadian Environmental Assessment Act, 2012

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  1. The Canadian Environmental Assessment Act, 2012 Presentation to Geology Matters November 2013

  2. Overview of Changes CEAA 2003 EA Process CEAA 2012 Driven by federal involvement in a project Applies broadly to many project types and sizes Responsibility is dispersed among departments Some harmonization with provinces No ability to enforce EA or set conditions Timelines not broadly applied Driven by a project list and potential adverse environmental effects within areas of federal jurisdiction Focused on major projects with greater environmental risk EA responsibility consolidated with CEA Agency (and NEB, CNSC) Provincial harmonization still available Provincial process substitution and equivalency are options EA conditions are enforceable Timelines apply to all EAs

  3. The Act • The Canadian Environmental Assessment Act, 2012 (CEAA 2012) • Came into force July 6, 2012) • 3 Regulations: • Regulations Amending Regulations Designating Physical Activities • Prescribed Information for the Description of a Designated Project Regulations • Cost Recovery Regulations

  4. Determining if an EA is Needed • Regulations Amending Regulations Designating Physical Activities (“project list”) identify types of projects that may be subject to a federal environmental assessment • Proponents of designated projects must provide the Agency with a project description • Information requirements are set out in the Prescribed Information for the Description of a Designated Project Regulations • Minister of the Environment may designate a project not on list

  5. Examples of Designated Projects • Oil refinery • Metal or coal mine (above certain size) • Large quarries • Offshore O&G production facility • Certain marine terminals • Certain highways, railways and air transport facilities • See Regulations Amending Regulations Designating Physical Activities for the complete list and full text

  6. Screening • Agency has 45 days, including a 20-day public and Aboriginal comment period, to decide whether an EA is required • Screening step must consider: description of the project, possibility of adverse environmental effects, comments received during the comment period, results of any relevant regional studies • CNSC/NEB-regulated projects skip screening step and automatically require an EA • No screening required for projects designated by Minister

  7. Environmental Effects (s.5) • Change that may be caused to fish and fish habitat, aquatic species or migratory birds • Change to the environment that would occur on federal lands or in a province other than the site of the project or outside Canada • With respect to aboriginal peoples, an effect of any change to the environment on • health and socio-economic conditions • physical and cultural heritage, • current use of lands and resources for traditional purposes • elements of historical, archaeological, paleontological or architectural significance. • Changes to the environment directly linked or necessarily incidental to federal decisions

  8. Standard EA • Conducted by either the Agency, CNSC or NEB • Federal authorities provide expert advice related to their mandate • EAs by the Agency must be completed within 365 days of government time from notice of commencement (s.27) • Timelines can be extended under certain circumstances

  9. Standard EA • Four opportunities for public participation: • Summary of the project description (during screening process) • Draft EIS guidelines • EIS or EIS summary • Draft EA report • Agency, CNSC and NEB must establish participant funding programs • Agency provides participant funding for all EAs that it conducts

  10. EA by Review Panel • Minister must consider: • Potential for significant adverse environmental effects; • Public concerns related to those effects; and • Harmonization opportunities with another jurisdiction. • 24-month time limit from time of referral to Minister issuing EA decision statement • Panel must hold hearings that provide opportunity for “interested parties” to participate

  11. EA Processes & Timelines EA starts Limit for referral to review panel Pre-EA EA Commencement Conduct the Analysis EAReport EA Decision Compliance & Enforcement 245 days** EA by the Agency 55 days* Max 365 days** 60 days 60 days Review Panel Max 24 months** * Includes 10 days to review project description and 45 days to determine whether an EA is required ** Does not include time used by proponent to gather information, prepare its EIS or respond to information requests

  12. Federal-Provincial Mechanisms • Act contains tools for coordination, delegation and joint review panels • Equivalency and Substitution • Equivalency = No Federal Decision • Substitution = Federal decision retained

  13. EA Report • Prepared by the Agency • Summary of the EA process and its results • Draft made available for comment • Reports determination of whether or not project is likely to cause significant adverse environmental effects: • Are the environmental effects adverse? • Are the adverse environmental effects significant? • Magnitude (severity), geographic extent, duration, frequency, reversibility, ecological context • Are the significant adverse environmental effects likely? • If there are likely significant adverse environmental effects predicted, are they justified in the circumstances (GIC decision)?

  14. EA Decision Statement • Minister of the Environment issues an EA Decision Statement after an EA by the Agency or by a review panel • Decision statement must include conclusion on significance of adverse environmental effects and set out mitigation and follow-up requirements • Requires referral to GIC (Cabinet) whenever environmental effects are significant (for both standard EAs and panels) for a determination as to whether the effects are justified in the circumstances

  15. Funding Programs • An RA must establish a Participant Funding Program (PFP) to facilitate the participation of the public in the EA of designated project (s. 57 & 58). • Agency’s PFP: • Is a limited fund to support the participation of interested individuals, not-for-profit organizations and Aboriginal groups in key stages of the EA review process. • Type of expenses covered: fees for expert advice, travel expenses, purchase of relevant information materials, information collection and dissemination costs, among others.

  16. Aboriginal Consultation • Crown has a legal duty to consult Aboriginal peoples about the potential impact of decisions associated with projects on their rights • Agency integrates consultation into the environmental assessment process to the greatest extent possible • Participant funding program will continue to be used to provide capacity funding to enable Aboriginal groups to engage in consultations

  17. The End • Questions?

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