EIA Systems in Canada

Presentation to Canada-Chile Workshop

November 30, 2004

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Canadian Context

Canada – a federal state with:• a national government

• 10 provincial governments

• 3 territorial governments

• many Aboriginal groups with emerging governance roles

Environment – area of shared jurisdiction• Many EA regimes

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Canadian Environmental Assessment Act:Key Principles

Public participation – timely and meaningful• Public registry

• Participant funding program

Self-assessment Conduct EA before deciding Coordinate EA among jurisdictions Cooperate with Aboriginal peoples

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Canadian Environmental Assessment Act:Application

Applies to projects for which federal government has a decision: • is the proponent

• provides financial assistance

• provides federal land

• issues permit or licence on regulatory list

Applied by over 30 federal organizations to 6,000-7,000 projects each year

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Canadian Environmental Assessment Act:Application (cont.)

All EAs must consider:• environmental effects, including cumulative effects• significance of effects• public comments received• mitigation measures

More complex EAs include, in addition:• Alternative means• Follow-up program• Effects on renewable resources

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Screening

Four Types of Federal EA

Act

Review PanelMediationComprehensive

Study

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Screening

Projects least likely to cause significant environmental effects – 99% of EAs

Wide variety of project types (e.g., building expansion, dock repairs, minor roadworks)

Public participation discretionary Decision by individual federal organization

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Comprehensive Study

Larger-scale and environmentally sensitive projects – between 5 and 10 assessed each year

Projects identified on list established by regulation (e.g., marine terminals, oil refineries, large mines)

Public participation at several stages Participant funding available Involvement of Minister of the Environment

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Mediation

Alternative to review panel if interested parties are few and consensus likely

EA assisted by mediator No formal mediations to date Agency focus on informal mediation, conflict

resolution and capacity building in this area

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Review Panel

Projects with potential for significant adverse environmental effects and/or which generate considerable public concern

Established at discretion of Minister of the Environment

Maximum public participation and participant funding

Cabinet considers panel’s recommendations Currently 5 active panels

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Canadian Environmental Assessment Agency – Key Responsibilities

Administers EA process Manages public registry of all EAs Provides guidance and training Coordinates multi-jurisdictional EAs Manages public review processes Reports to Minister of the Environment

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Conclusion

Continuous learning and improvement Mandatory periodic review of Act October 2003 – Act amended Important improvements in public participation:

• Ensure public has information on EAs• Expand opportunities for public participation• Better incorporation of aboriginal perspectives