Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Pursuant to the Canadian Environmental Assessment Act

Re: Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Pursuant to the Canadian Environmental Assessment Act

The Board wishes to inform companies that the Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements ("FCR") under the Canadian Environmental Assessment Act ("CEAA") were published in the Canada Gazette on 30 April 1997. It is anticipated that the FCR will streamline the environmental assessment process for proponents and ensure that federal environmental assessment responsibilities are efficiently coordinated among federal authorities ("FAs") involved under the CEAA. The FCR were developed keeping in mind proponents' needs for a timely environmental assessment process and to ensure as far as possible, that there is only one federal environmental assessment carried out for a project. The FCR will provide greater certainty to proponents as to whether their project is subject to CEAA and also establish timelines for federal departments to fulfil certain environmental assessment responsibilities.

Key elements of the FCR are:

coordination of the time schedule for the determination by responsible authorities ("RAs") of their requirements for an environmental assessment ("EA");
identification and notification of FAs that may be involved in a project as RAs or as expert federal authorities according to timelines;
consultation among FAs regarding the scope of the EA for the project; and
coordination of all RAs' interests and involvement in comprehensive study recommendations.

The FCR require that the Board notify other federal departments of projects and give those departments up to 30 days to respond. In addition, pursuant to section 8 of the FCRs, the Board must also determine the scope of the project in consultation with other FAs when more than one FAs has been identified as likely to be an RA. The likely RAs, after consulting with the expert federal authorities, must together determine the scope of the project, the factors to be considered and the scope of the factors. The best practice is for the federal authorities to agree on a scope that will meet all of their needs and, where feasible, conduct one EA based on this scope. It is important to note, however, that section 8 does not alter any legal requirements under CEAA. Each RA retains its decision making responsibilities under the CEAA.

In order to be able to continue processing applications in a timely manner, the Board has attached a list of potential FAs, with a list of questions designed to assist proponents in identifying possible other FAs. The Board requests that companies forward copies of their applications, or such portions as are requested by potential RAs, directly to FAs and include a list of those FAs in the application to the Board.

The Board notes that it will consider the requirements of the FCR when it undertakes a review of the Guidelines for Filing Requirements.

Yours truly,

Michel L. Mantha
Secretary

Attachment

CANADIAN ENVIRONMENTAL ASSESSMENT ACT Potential Federal Authorities
Project Questions	Legislative Provision	Possible R.A.
Does the project occur in a National Park or National Historic Site, or is it likely to affect a National Park or National Historic site?	- National Historic Parks General Regulations - National Parks General Regulations - National Parks Building Regulations - National Parks Lease and Licence of Occupation Regulations (1991) - National Parks Timber Regulations - National Parks Wildlife Regulations - Wood Buffalo National Park Game Regulations - National Parks Act	Federal Authority: Canadian Heritage
Is the project likely to affect Indian Reserve lands?	- Indian Mining Regulations - Indian Oil and Gas Regulations - Indian Reserve Waste Disposal Regulations - Indian Timber Regulations Indian Act	Federal Authority: Indian and Northern Affairs
Is the project likely to affect the operation of a railway company or property owned or leased by a railway company or require the installation of telephone, electricity, telegraph or other wire services for a railway facility?	- Ammonium Nitrate Storage Facilities Regulations, Railway Act - Flammable Liquid Bulk Storage Regulations, Railway Act - Chlorine Tank Car Unloading Facilities Regulation, Railway Act - Liquefied Petroleum Gases Bulk Storage Regulations, Railway Act - Anhydrous Ammonia Bulk Storage Regulations, Railway Act - Railway Safety Act - Railway Relocation and Crossing Act - National Transportation Act, 1987	Federal Authorities: National Transportation Agency and Transport Canada if Railway Act is involved
Does the project involve replacement or repair of a bridge?	- Bridges Act	Federal Authority: Public Works and Government Services
Could the project result in international air pollution?	- Canadian Environmental Protection Act	Federal Authority: Environment Canada
Will the project result in cutting of timber or construction or roads in a Federal Forest Experimental Area?	- Timber Regulations, 1993	Federal Authority: Natural Resources
Does the project involve the production or holding of explosives in a magazine?	- Explosives Act	Federal Authority: Natural Resources
Does the project involve the federal government in the acquisition, administration or disposal or real property for which a licence for any use or occupation of real property is required?	- Federal Real Property Regulations	Federal Authority: All Ministers providing licences
Will the project occur on lands in Yukon or the Northwest Territories that are under the control, management and administration of Indian and Northern Affairs and require the issuance of Class A or Class B permit?	- Territorial Lands Use Regulations	Federal Authority: Indian and Northern Affairs.
Is the project likely to result in the deposition of materials into the marine environment?	- Canadian Environmental Protection Act	Federal Authority: Environment Canada
Is the project likely to affect the navigability of a water body or does it involve the removal or destruction of a wreck or abandoned vessel from a water body?	- Navigable Water Protection Act	Federal Authority: Fisheries and Oceans (Coast Guard)
Is the project likely to affect fish or fish habitat, affect the quantity or quality of water available for fish or result in the destruction of fish by means other than fishing?	- Fisheries Act	Federal Authority: Fisheries and Oceans
Is the project likely to take place on, involve dredge or fill operations in, draw water from or discharge water to a historic canal administered by and operated by Parks Canada?	- I.A. and N.D. Canal Land Regulations - Public Lands Licensing Order - Heritage Canals Regulations	Federal Authority: Canadian Heritage/Indian and Northern Affairs/Public Works and Government Services
Does the project occur in a wildlife area as defined in the Wildlife Area Regulations?	- Wildlife Area Regulations	Federal Authority: Environment Canada
Is the Project likely to result in the killing, capturing, taking or possession of a migratory bird or its nest or eggs, or in the collection of eiderdown, or deposit of oils or other harmful substance in areas frequented by migratory birds, or is it likely to affect migratory bird habitat within a bird sanctuary, or result in the release of a species of bird not indigenous to Canada?	- Migratory Bird Sanctuary Regulations - Migratory Birds Regulations	Federal Authority: Environment Canada
Will the project affect the natural flow of an international river (water flowing from any place in Canada to any place outside Canada) or affect the actual or potential use of that river outside Canada?	- International River Improvements Regulations	Federal Authority: Environment Canada