Professional Documents
Culture Documents
CVL300
ENVIRONMENTAL SCIENCE AND IMPACT
ASSESSMENT
Presentation 7
Environmental Assessment Acts
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• physical/natural environment.
• human and man-made environment.
• all potential additions/changes to the
environment.
• Scoping is needed ⇨ Terms of Reference
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Undertakings
Part II of EAA
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EA Document
• “Rationale” of the undertaking.
• Alternative methods of carrying the undertaking.
• Alternatives to the undertaking.
• Description of the environment that will be
affected.
• Evaluation of the advantages and disadvantages
to the environment of the undertaking,
alternatives to the undertaking, and alternative
methods.
• Description of consultation and results.
EA Process
• Proponent submits EA to the Ministry.
• Proponent gives public notice EA has been
submitted
• Ministry prepares a review of EA
• Director may find the EA deficient but review
must be completed within 14 days before the
deadline to complete the review.
• Director notifies the proponent and the public
whether EA is rejected or the review is
completed.
• Request for hearing
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EA Process (cont’d)
• Minister has broad discretion to approve
project without hearing.
• The new EA process is deadline driven.
Mediation
• Minister can appoint mediators for the
TOR and the EA itself.
• Minister identifies parties to the mediation,
matters in dispute for mediation, and
invites them to participate in mediation.
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Full EA Process
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Evolution of Canada EA
• Canadian Environmental Assessment and
Review Process (EARP).
• After the incidents in Rafferty-Alamda
Case and the Oldman River Dam Case,
federal agencies thought it was imperative
to draft a law to replace the EARP and
force departments who proposed projects
to comply with EA recommendations.
Rafferty-Alameda Dam
• A simple dam construction project at Souris
River in South Saskatchewan.
• Major environmental interest is the protection of
tree communities, rare plants, bird species in
river bottomlands.
• In 1991, a draft EIS has been prepared by the
Souris Basin Development Agency
• Saskatchewan MOE found the draft EIS to be
insufficient.
• Federal license would be needed under the
International River Improvement Act
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Federal EA Process
• Both dam constructions demonstrate
federal environmental responsibilities
resulting in the establishment of CEAA.
• Under the CEAA (1992), federal
departments cannot issue federal licenses
until federal EA process has been
completed.
CEAA 1992
• Defines the purpose, process and
contents.
• Law list regulations.
• Inclusion list regulations.
• Comprehensive Study list regulations.
• Exclusion list regulations.
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Project
Full EA No EA
required required
CEAA 1992
Review Panel
appointed
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Project Classifications
• “Exclusion list”
• “Inclusion list”
• “Comprehensive study list”
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Canada EA Process
• “screening” or comprehensive study and
report.
• mediation or assessment by a review
panel.
• design and implementation of a follow-up
program.
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Public Participation
• Public registry of screening documents.
• Public can scrutinize the EA document.
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Panel review
• significant environmental effects will occur;
• uncertain whether environmental effect will
occur
• where public concern warrants.
• Minister can refer a project to a panel at
any time.
CEAA 2012
• Make the process more timely and
predicable.
• Reducing duplication.
• Strengthening environmental protection.
• Enhance consultations with Aboriginal
peoples.
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Changes
• Only designated projects (e.g. nuclear,
energy, and other projects) will go through
EA process.
• Screening, standard EA, review panels.
• Proponent submits a screening report and
CEA Agency reviews based on possibility
that carrying out the project may cause
adverse environmental effects, comments
by the public, and the results of previous
regional studies.
Changes
• If an EA is required, the authority will
assess based on a consideration of 10
factors including the environmental effects
of the project, and the cumulative effects
likely to results, the significance of those
effects, mitigation measures, and
alternative means of carrying out the
designated project, as well as community
knowledge and Aboriginal traditional
knowledge.
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Changes
• A project may be referred to a review panel if the
Minister decides so.
• Provincial EA can be a potential substitute
process if it meets the requirement of CEAA
2012.
• Standard EA 12 months; 24 months for panel
reviews; 15 months for National Energy Board
hearings plus 3 months for Governor in Council
to make an order.
• Enforceable EA decision statements.
• Follow-up programs after all EA.
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