The Canadian Environmental Assessment Act

According to the Act,
an environmental assessment (EA) must be conducted "before irrevocable decisions are made." For most projects, this means the EA must be completed and a decision rendered before construction has commenced, and preferably before any construction tenders or contracts are let. Proceeding with construction before the EA is completed will jeopardize federal support for your project.

Canadian Environmental Assessment Act: http://laws.justice.gc.ca/en/C-15.2/29299.html

The Act
The Canadian Environmental Assessment Act (the Act) is a federal statute that requires federal departments to conduct environmental assessments for prescribed projects and activities before providing federal approval or financial support.

Environmental Assessment
Environmental assessment (EA) is a planning tool used to identify potential effects of projects or activities on the environment. This includes the air, water, land and living organisms, including humans. Project proponents can avoid expensive, and sometimes controversial, corrective action at the end of a project by eliminating or reducing potential adverse effects early in the planning stage. Environmental assessment provides decision makers with the information they need to approve projects that are compatible with a healthy, sustainable environment.

Environmental Mitigation
Environmental mitigation measures are intended to prevent or reduce adverse environmental impacts of a proposed project or activity. A project proponent must carry out mitigation measures specified in the EA as a condition of receiving federal support.

Federal Responsibilities
A Responsible Authority is the federal authority asked to provide support or approval in the form of funding, land permit, license, or other approval specified by regulation. Western Economic Diversification Canada (WD) acts as a Responsible Authority for projects being considered for federal assistance under various funding programs, including the Municipal Rural Infrastructure Fund, Alberta and Saskatchewan Centennials and the Western Economic Partnership Agreements. This means WD must ensure an EA is conducted on a project as early as possible, before construction, and before irrevocable decisions are made.

Federal support cannot be provided before the EA is complete, or if WD concludes that the project is likely to produce significant adverse effects on the environment. WD is also required to solicit input or involvement from other federal authorities (e.g. Fisheries and Oceans Canada or Environment Canada) who may also have responsibilities under CEAA.

Public consultation requirements may range from a simple public notification (e.g. posted on the web-based Canadian Environmental Assessment Registry at http://www.ceaa-acee.gc.ca/050/index_e.cfm ), to formal requests for public and First Nations input. Public consultation requirements are determined by WD in consideration of the expected level of public interest in the project, or its potential environmental significance. As with other EA components, public consultation requirements may be delegated to the project proponent.

The Project EA
WD may manage the assessment process on behalf of smaller municipalities, or may delegate responsibility for all or any part of the EA directly to the project proponent. In all cases, WD retains responsibilities to grant federal funding approval for a project.

Proponent Responsibilities
A project proponent can help speed up the EA process by providing accurate, detailed project and environmental information to WD in a timely manner as requested throughout the EA process. The proponent may be assigned such responsibilities as providing engineering plans and documents, environmental studies, historical resources impact assessments, or environmental impact statements.

Environmental Assessment Costs
An EA for a simple project (one with well-known environmental effects and proven mitigation strategies that does not require a referral to other government authorities) may take as little as fifteen days and cost the project proponent nothing. EAs for more complex projects may take several weeks to a few months. Costs of EAs for complex projects or additional studies are usually the responsibility of the proponent.

Other Considerations
Agreements are in place for cases where both federal and provincial jurisdictions require an environmental assessment so only one EA is conducted for a project. However, CEAA does not supercede the requirements of other federal, provincial or municipal environmental legislation. Proponents have to acquire necessary authorizations, approvals or licenses from other government authorities and comply with any relevant legislated environmental requirements.

For more Information, contact WD toll-free at 1 888 338-9378, or visit the CEAA web site at www.ceaa-acee.gc.ca

This document was originally created by Agriculture and Agri-Food Canada's Prairie Farm Rehabilitation Administration (PFRA) and has been revised with PFRA's permission.

This fact sheet is intended to address common questions related to the application of the Canadian Environmental Assessment Act to typical WD-supported projects and activities. This document is intended as reference only, and has no legal sanction. For purposes of interpreting and applying the law, users should consult the legal text of the Canadian Environmental Assessment Act and Regulations, or visit the CEAA web site: www.ceaa-acee.gc.ca