The New Canadian Environmental
Assessment Act (CEAA)
Brace Centre for Water Resources
Management
McGill University, Sept. 25
François Boulanger, Regional Director
1
Presentation
Outline
Review of the Canadian Environmental
Assessment Act
 Highlights of Bill C-9 (Amendments to the
Act)
• Overview (Background/Purposes)
• Most significant changes
• Next steps…
2
Purposes of the Act
Consider environmental effects
Promote sustainable development
Ensure public participation
Avoid significant adverse effects
Ensure cooperation, coordination & efficiency
Module #1
3
Application of the CEAA
The CEAA sets out the responsibilities and procedures
for environmental assessments of projects involving
the federal government.

Proclaimed January 1995 – Reviewed in 2000

Assess projects requiring a federal decision

6000-7000 assessments annually
44
Does the federal Environment
Assessment Process apply?
________________________________________
For CEAA to apply, there must be:
A “CEAA project”
A federal “decision” to make about the project
__________________________________________
5
CEAA Project
Undertaking related to a
physical work
Some
OR
Construction
Operation
Decommissioning
Modification
activities
not linked
to a
physical
work
6
EA Decision Triggers
____________________________________________
Funding
Property
Transfer
Regulatory
Decision
EA
Project
Proponent
7
Type of Assessment
Screening
6,000-7,000/yr
Comprehensive Study
42 completed
14 ongoing
Review Panel
9 panels completed
7 ongoing
8
What federal EA should include?
Screenings:
Comp. Studies, Review Panels:
•
•
•
•
•
•
•
•
•
•
Environmental effects
Cumulative effects
Significance of effects
Mitigation
Public comments where
appropriate
• Other matters optional,
e.g. need for project
Screening items
Purpose of project
Alternative means
Need for follow-up program
Capacity for renewable
resources
• Public consultation
Possible Screening Decisions
Not Likely
Significant
Proceed with
project
Uncertainty/
Significant adverse
effects justifiable/
Public Concern
Warranted
Likely significant
Panel or
Mediation
Do not proceed
with project
Module #3
(Not justifiable)
10
CEAA Project Example
Dredging in the Saint-Lawrence
• Activity is a project under CEAA (Inclusion
List)
• Potential trigger : proponent, funding and
regulatory decision
• Type of EA : Screening
• Potential Federal Authorities involved in the
EA : Public Work, Fisheries and Oceans,
Highlights of Bill C-9
Amendments to the Act
Overview of Bill C-9

Minister of the Environment’s 5 yr. Review
-


(1200 Canadians consulted)
Builds on existing fundamentals & core principles
- Self-assessment
Royal Assent - June 2003
 Goals targeted:
-
More certain, predictable and timely process
Improved quality of assessments
More meaningful public participation
Increase Cooperation
1) Promote cooperation & coordinated action between
federal & provincial governments with respect to EA
processes for projects - s.4(1)(b.2)
2) Promote communication & cooperation between
RAs and Aboriginal peoples - s.4(1)(b.3)
Support Precautionary Principle
4(1)(a)…
in a precautionary manner …to ensure that such
projects do not cause significant adverse
environmental effects.
New s.4(2) Duties of the Government of Canada … in a manner that
protects the environment & human health & applies the
precautionary principle
Improved Federal Coordination
______________________________________________________________________________________________________________________________________
New:
Federal Environmental Assessment Coordinator for
screenings & comprehensive studies - s. 12.1-12.5
_________________________________________________________________________________________________________________________________________
Role:
- Coordinate participation of federal authorities
- Facilitate communication & cooperation with
other jurisdictions
_______________________________________________________________________________________________________________________________________
Focus on Appropriate Projects
Simplify class screening process
Expand Exclusion List Regulations
Expand coverage of the Act (Crown
Corps, $ reserve land, federal land)
Comprehensive Study s.21-s.23
New:

Assessment track established by Minister of the
Environment during scoping phase (s.21)
a) Continue with CS
OR
b) Conduct review panel or mediation

Opportunity for public consultation before
making recommendation
Comprehensive Study (cont.)
New

Opportunity for public consultation during conduct
of
study (s. 21.2)

Participant funding (s. 58) - (Agency)

At the end of the CS, the Minister issues an EA
decision

Maintained: Opportunity for public comments on CS
report
Prohibition Orders
New:
Power for Minister of the Environment or an
Responsible Authority to prohibit work on a
project until EA decision taken- s.20 or s.37
NOTE: Enforceable by court injunction sought by the
Attorney General or any person - s.11.2
New Considerations
 Recognition that community knowledge &
Aboriginal traditional knowledge may
be considered in EA - s.16.1
 Recognition that results of regional studies
may be used where federal authorities
have participated - s. 16.2
Follow-up - s.38
New:

Mandatory follow-up after comprehensive study, review panel &
mediation s.38(2)

Scope of follow-up less restrictive s.38(3)
Federal Authorities that request particular follow-up measures must
assist in implementation if requested by RA s.38(4)

Clarified:


Responsible Authority must consider if follow-up appropriate for a
screening s.38(1)
Results of a follow-up program may be used for implementing
adaptive management & to improve quality of future EAs s.38(5)
Meaningful public participation
 Canadian Environmental Assessment Registry (CEAR)
(Internet site & project files)
 Notice of commencement of EA
 Provide scope of project
Expand opportunities for participation
 Ministerial Guideline criteria
Expand role of public in comprehensive studies
 Consult on scoping & EA track, during study
 Participant funding program extended
Enhanced Agency role - s.62 & s.63
New Objects:
 Promote & monitor & facilitate
– Compliance with the Act
– Quality of assessments
 Consult Aboriginal peoples on policy issues related to the Act
Power to:

Establish & lead quality assurance program
 Assist

parties in building consensus & resolving disputes
Obtain information from Responsible Authorities/bodies subject to Act & Regs.
Next Steps ...
 Coming into force - Fall 2003
 Transitional provision
EAs started before proclamation
can continue under the old process
 Requirement for Parliament to review
the Act, 7 years after Royal Assent