ARCHIVED - Canadian Environmental Assessment Agency

Supports Priorities 1 and 2

• In 2007-2008, the Agency was the Federal Environmental Assessment Coordinator (FEAC) for 358 projects, including multi-jurisdictional screenings, comprehensive studies and review panels. These efforts were not limited to federal permitting responsibilities, but, where possible, were harmonized with the provincial and territorial jurisdictions. These projects include newly announced projects as well as pre-existing responsibilities that carry over from year to year. During the 2007-2008 fiscal year, the Agency played the FEAC role for 134 newly announced projects, including 10 comprehensive studies, 2 review panels and 120 screenings.
• The Agency provided ongoing support to 13 environmental assessment review panels. To reduce costs, delays and duplication, these panel reviews were either conducted jointly with another jurisdiction, regulatory body or by way of a substituted process.
• As part of the implementation package for the Interim Approach to Scoping, the Environmental Assessment Projects Committee (EAPC) member departments applied the Interim Approach to Scoping on a total of 16 projects. The implementation of the Interim Approach to Scoping provides a framework to ensure a consistent approach to scoping decisions across the federal government, providing citizens, proponents and federal authorities with more predictability on the scope of proposed projects.
• Five class screenings were initiated this fiscal year and four were declared. A total of 18 other class screenings were also in development. A class screening involves a complete environmental assessment for a well-defined class of projects, making future assessments of projects within that class more efficient. It supports improved coordination among federal authorities and allows departments to focus resources on projects more likely to have significant environmental effects.

Supports Priorities 1 and 2

• The Agency provided financial support to encourage public participation in 12 environmental assessments — six comprehensive studies and six review panels — during the 2007-2008 fiscal year. Forty-seven successful applicants received a total of $680,086 during the reporting period, with the average recipient being awarded approximately $14,500 in participant funding.

Supports Priorities 1 and 2

• As chair of the Environmental Assessment Project Committee (EAPC), which includes key departments responsible for environmental assessment, the Agency demonstrated leadership in coordinating the development of tools for implementing the Cabinet Directive on Implementing the Canadian Environmental Assessment Act.
• These tools assisted the members of the EAPC in interpreting and applying the Cabinet Directive on Implementing the Canadian Environmental Assessment Act in a consistent and predictable fashion, thereby ensuring a more transparent and accountable process.

Supports Priorities 2 and 3

Seven new guidance products were released:

• An updated version of the guide, How to Determine if the Act Applies, was posted on the Agency Internet site in May 2007.
• Updated versions of the following Operational Policy Statements were posted on the Agency's Internet site in November 2007:
  • Addressing Cumulative Environmental Effects under the Canadian Environmental Assessment Act;
  • Addressing "Need for", "Purpose of", "Alternatives to" and "Alternative Means" under the Canadian Environmental Assessment Act;
  • Preparing Project Descriptions under the Canadian Environmental Assessment Act; and
  • Follow-up Programs under the Canadian Environmental Assessment Act.
• The Agency published the Introduction to Class Screenings guide and posted it on the Internet site in January 2008.
• A Class Screenings Procedures Guide was also completed within the reporting period and is made available to federal authorities during the development of class screenings.

Supports Priority 1

• The new Exclusion List Regulations, 2007, which exempt certain projects with insignificant environmental effects, came into force in May 2007. Amendments to the new Regulations were also developed, to capture certain projects undertaken by the Canada Post Corporation, which are known to have insignificant environmental effects and to improve the overall clarity of the Regulations. The amendments are expected to come into force in fall 2008.
• The new Port Authority Environmental Assessment Regulations were drafted. These Regulations will replace the existing Canada Port Authority Environmental Assessment Regulations. They are needed to reflect changes made to the Canadian Environmental Assessment Act in 2003. The new Regulations are expected to be submitted for publication in Canada Gazette, Part I, in fall 2008.
• The Agency completed a review and analysis of the current system for recovery of costs for review panel management and determined that the system needed to be updated to reflect the current range and cost of services. A proposed new fee schedule was developed and a consultation paper was completed and released in April 2008.
• Amendments to the Law List Regulations and Inclusion List Regulations were drafted to add provisions of the International Boundary Waters Treaty Act as triggers for environmental assessment. Federal departments, the Regulatory Advisory Committee, key stakeholders and the public were consulted on the initiative. The proposed amendments are expected to be submitted for publication in Canada Gazette, Part I, in fall 2008.
• Federal departments, the Regulatory Advisory Committee and key stakeholders were consulted on a regulatory initiative that would add the International Bridges and Tunnels Act as a statutory trigger for environmental assessment under the Law List Regulations. As well, a discussion paper outlining the proposed initiative was posted on the Agency's website for 60 days, for public comment. The Agency is currently moving forward with drafting the proposed regulatory amendment.
• A framework for review of the four key regulations under the Act was developed. The regulations are the Law List Regulations, the Inclusion List Regulations, the Exclusion List Regulations, 2007, and the Comprehensive Study List Regulations.
• In partnership with Infrastructure Canada, the Agency completed a review of past municipal/community drinking-water projects to determine whether a comprehensive study was the most appropriate type of environmental assessment for these projects. Based on their experience, many stakeholders asserted that a screening type assessment would be more appropriate because these projects are not likely to result in significant adverse environmental effects. A consultation paper was developed and released in spring 2008.
• Preparations continued for the upcoming 2010 review of the Canadian Environmental Assessment Act, including developing a strategic approach and priority list of issues, and consulting with departments involved in federal EA.
• The Agency worked with other departments to develop new interim policies, processes, procedures and guidance materials to integrate Aboriginal/Crown consultations in the process of environmental assessment and regulatory approval for major resource projects. In particular, the Agency contributed significantly to clarifying roles and responsibilities by outlining:
  • how federal authorities will work together to integrate Aboriginal consultation into the regulatory process;
  • records-management procedures for Aboriginal consultation activities throughout the regulatory process;
  • milestones for tracking and reporting on Aboriginal consultation activities throughout the regulatory process; and
  • an operational reference guide for Agency staff responsible for the implementation of commitments to streamline the process for major resource projects.
• The Agency co-chaired an EA task group under the Canadian Council of Ministers of the Environment to work with provinces and territories to research and make recommendations for changes to federal, provincial and territorial policies and/or legislation. The ongoing objective is to enable a one-project/one-assessment or one-window approach for projects subject to both federal and provincial/territorial environmental assessments.

Supports Priorities 1 and 3

• The first report of the Quality Assurance Program dealing with screenings, which constitute more than 99 percent of all federal environmental assessments, was published on the Agency's website.
• In fall 2007, the Agency supported research projects that responded to two priority areas: Meaningful Involvement and Strategic Environmental Assessment (SEA). The timelines for these research projects extend into 2009. Research projects supported by the Agency that were initiated in 2006 will be available in 2008. The Agency also provided financial support for activities related to EA promotion and research and development, such as the British Columbia First Nations EA Technical Working Group capacity training.
• More than 200 Cabinet submissions were reviewed during the 2007-2008 fiscal year. The Agency intervened in a number of instances to advise departments and agencies on their obligations under the Act and the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals.
• The Agency continued to provide training, develop guidance and give advice and support to departments and agencies on SEA as needed, through courses, tailored briefing sessions and other advisory services.
• The Agency, on behalf of the Privy Council Office, is leading a government-wide evaluation of the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. Terms of reference and planning for this initiative were completed during the reporting period. The evaluation is to be completed in 2009.
• The Agency continued to support a multi-stakeholder subcommittee of the Minister's Regulatory Advisory Committee, established to make recommendations on ways to improve SEA.
• The Agency contributed to the conceptualization and further development of regional approaches to environmental assessment through its active participation in a subcommittee of the Canadian Council of Ministers of the Environment. In collaboration with Fisheries and Oceans Canada, the Agency also led a two-day federal workshop on regional environmental assessment and worked with other partners to explore the role of knowledge management in regional assessment.
• The Agency monitored or participated in a number of regional environmental planning and assessment exercises currently underway in Canada. In addition, the Agency worked with other organizations and stakeholders to consider the potential for regionally-based approaches to environmental assessment in the Beaufort Sea and offshore Nova Scotia.
• The Agency provided technical advice to Indian and Northern Affairs Canada (INAC) in support of negotiations towards the establishment of land claims and/or self-government agreements with 22 Aboriginal groups in British Columbia, Quebec and Newfoundland and Labrador. The Agency's advice to INAC was focused on federal interests during the negotiation of the EA components of these agreements, in particular, definitions of participation rights in the federal EA process and the EA law-making authority of Aboriginal groups. As a result of the Agency's involvement, INAC was better able to represent federal interests in ongoing negotiations with Aboriginal groups.
• Regular meetings of the interdepartmental Senior Management Committee on Environmental Assessment and the multi-stakeholder Regulatory Advisory Committee were held. These committees discussed and provided advice on various policy initiatives, notably preparations for the 2010 review of the Canadian Environmental Assessment Act. There were other meetings with representatives of environmental groups, a university, federal-provincial working groups and international delegations.
• Under the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, the Agency participated in the Working Group on Environmental Impact Assessment meeting held in Geneva in November 2007 and participated in the fourth meeting of the parties in Romania in May 2008.
• The Agency participated in the International Association for Impact Assessment (IAIA) conference, held in Seoul, South Korea in June 2007, initiating and chairing a panel session, Challenges and Opportunities in Impact Assessment: Oil Sands Development in Alberta, Canada. Representatives from industry, the Alberta provincial government, and an environmental NGO discussed their roles and challenges when addressing environmental and socio-economic impacts of the oil sands development. The IAIA is an independent international network of EA professionals, academics and policy makers.
• The Agency participated in the 12^th International Symposium of the Secrétariat international francophone pour l'évaluation environnementale (SIFÉE) in Geneva, Switzerland, to discuss environmental assessment and transport concepts, tools and methods. The SIFÉE is an international NGO that aims to strengthen the competence of specialists and policy makers working in the fields of environmental assessment, public participation and sustainable development by promoting their trade and establishing links with international bodies.
• Canada-US Environmental Protection Agency Exchange on Environmental Assessments meetings were held in June 2007 in Ottawa and in February 2008 in Washington. The objectives of the meetings were the promotion of information sharing, the exchange of best practices, the discussion of emerging issues in EA, and the exploration of potential collaborative work and mechanisms for consultation on key projects.
• Under the Canada-Costa Rica Competitiveness Development Fund, the Agency completed the Canada-Costa Rica Environmental Assessment Capacity Development Project. This was a joint endeavour among the Agency, the Canadian International Development Agency, the government of Quebec and the Secretaría Técnica Nacional Ambiental of Costa Rica. Through a project and contribution agreement, the Agency contributed to a capacity-building project to improve the effectiveness and quality of environmental assessment in Costa Rica.