Canadian Environmental Assessment Act, 2012

Transcription

1 Canadian Environmental Assessment Act, 2012 Presentation to WaterTech 2016 April 7, 2016 Anna Kessler Project Manager, Prairie and Northern Region Canadian Environmental Assessment Agency 1

2 Overview of Canadian Environmental Assessment Act, 2012 (CEAA 2012) CEAA 2012 focuses on larger projects with greater potential for significant adverse environmental effects Establishes a framework to modernize federal EA: Focus on timely, predictable and effective assessment of major projects Enhanced provisions for federal-provincial cooperation in a manner that avoids duplication Enforcement measures to strengthen environmental protection Explicit requirement to assess changes to the environment that affect Indigenous peoples 2

3 Overview of CEAA 2012 Responsibility for conducting EA rests with CEA Agency (CEAA) National Energy Board (NEB) Canadian Nuclear Safety Commission (CNSC) Federal authorities provide expert advice Three Regulation established under CEAA 2012 Regulation Designating Physical Activities Prescribed Information for the Description of a Designated Project Cost Recovery Regulations 3

4 Overview of CEAA 2012 Environmental assessments (EA) must consider Environmental effects linked to federal jurisdiction Effects to migratory birds, fish or marine plants Effects occurring on federal land Effects on Indigenous peoples Transboundary effects (province, country) Effects linked or incidental to federal authorizations Cumulative environmental effects, accidents and malfunctions Community knowledge and Indigenous traditional knowledge Measures to mitigate adverse effects Significance of the residual effects (after mitigation) Public and Indigenous group comments 4 4

5 Types of EA and Cooperative Mechanisms CEAA 2012 Environmental Assessment by RA Substitution or Equivalency* Environmental Assessment by a Review Panel Federal Only Coordination Federal Only Joint Review Panel *Substitution and equivalency do not apply to EAs conducted by NEB EAs conducted by review panels 5 or CNSC, nor to

6 Types of EA EA by Agency Agency conducts the EA Minimum of three public participation opportunities EA by Review Panel Review panel comprised of individuals appointed by the Minister conducts the EA Panel holds public hearing Both types of assessments Consider the same factors, involve meaningful public and Aboriginal participation, and result in decision statements with enforceable conditions 6 6

7 Substitution Substitution enables a provincial, or other jurisdictions, such as an Aboriginal land claim body, process to substitute for the federal EA process. When approving a request for substitution, Minister must be satisfied that the other process is an appropriate substitute and the substantive requirements of CEAA 2012 will be satisfied. EA Decision for substituted EA remains with the Minister. 7

8 EA Processes & Timelines EA starts Limit for referral to review panel Pre-EA EA Commencement Conduct the Analysis EA Report EA Decision Compliance & Enforcement EA by the Agency 55 days* Max 365 days** 60 days 245 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 ** Government time only, federal clock may be stopped when the proponent is required to provide information 8

9 EA Decision and Compliance The EA Report for a project presents the project and analysis of environmental effects. Minister of ECCC considers the EA Report and comments received from the public and Indigenous groups and determines whether, taking into account mitigation measures, the project is likely to cause significant adverse environmental effects Governor in Council determines whether any significant effects are justified in the circumstances. Minister issues a Decision Statement to the proponent Decision Statement sets out legally binding conditions mitigation measures and a mandatory follow-up program Contraventions of CEAA 2012 can result in fines ranging from $100,000 to $400,000 per offence 9 9

10 Review of EA Processes Government of Canada committed to a review of EA processes to regain public trust and help get resources to market through fair processes that will: Restore robust oversight and thorough EAs in areas of federal jurisdiction while working with provinces and territories to avoid duplication Ensure that decisions are based on science, facts and evidence and serve the public s interest Provide ways for Canadians to express their views and opportunities for experts to meaningfully participate Require project advocates to choose the best available technologies to reduce environmental impacts 10

11 Interim Approach and Principles Interim approach is in place with principles for the conduct of EAs until the review is completed and potential changes are implemented The principles are: No project proponent will be asked to return to the starting line Decisions will be based on science, traditional knowledge of Indigenous peoples and other relevant evidence The views of the public and affected communities will be sought and considered Indigenous peoples will be meaningfully consulted, and where appropriate, impacts on their rights and interests will be accommodated Direct and upstream greenhouse gas emissions linked to the projects under review will be assessed 11

12 Further information For the official legal text of CEAA 2012 and associated regulations, consult the Department of Justice website at: For further information and guidance on CEAA 2012 visit the Agency website at: For further guidance on project-specific issues, please contact the Prairie and Northern Regional Office at :