Fact Sheet:
Federal Environmental Assessments at the CNSC
As the regulator of the Canadian nuclear industry, the Canadian Nuclear
Safety Commission (CNSC) continually strives to be an effective regulator while
operating in an open and transparent fashion. When considering making certain
licensing decisions, the CNSC is subject to environmental assessment obligations
and responsibilities under the
Canadian Environmental Assessment Act (CEAA) –
which is the basis for federal environmental assessment (EA) in Canada.
An EA is a planning tool used by federal authorities – ministers,
departments, departmental corporations and agencies of the Government of Canada
– to ensure that the environmental effects of a proposed initiative are
identified and evaluated, as well as to provide the public with an opportunity
to participate in the process. CNSC staff is responsible for the functional
implementation of the CEAA, which states that an EA is triggered when a federal
authority “enables a project to be carried out” by:
- proposing a project;
- providing financial assistance to a proponent;
- selling, leasing or otherwise transferring the control or administration of
federal land; and
- providing a licence, permit or an approval.
In terms of the life cycles of new nuclear power plants in Canada, the CNSC
must issue five licences to a proponent. They are:
- a licence to prepare a site;
- a licence to construct;
- a licence to operate;
- a licence to decommission; and
- a licence to abandon a site.
An EA would have to be completed prior to the issuance of the first license.
In some instances, both federal and provincial/territorial EA processes can
apply to a project, so given the potential for overlapping EAs, the CEAA allows
the Minister of the Environment to enter into agreements with provincial and
territorial governments. In fact, such agreements already exist with most
provinces and territories. These cooperative agreements provide guidelines for
the roles and responsibilities of each government and enable projects that are
subject to both pieces of legislation to be assessed under one environmental
assessment.
Under CEAA, there are two different types of environmental assessments:
screenings (including class screenings) and comprehensive studies. Both of these
can be referred to a mediator or to a review panel if public concerns warrant it
or if it is determined that the project will have significant adverse
environmental effects.
Even though the majority of federal projects are assessed through screenings,
others require a comprehensive study. As identified under CEAA regulation, these
tend to be large projects that generate public concerns and have the potential
for significant adverse environmental effects. Examples of such projects include
large-scale oil and natural gas developments, electrical-generation projects,
nuclear power developments and others.
Regardless of the type of EA conducted, there are seven main steps in the
process:
First, the federal authority determines whether it has the responsibility to
conduct an environmental assessment. If it does, it is referred to as a
responsible authority who then identifies other parties that may have EA
responsibilities or expert information to contribute. All parties involved then
determine how the environmental assessment will be conducted. For example, they
identify the scope of the proposed project as well as the scope of the factors
that must be considered in the EA. They also establish timelines.
Once the plan is in place, a team of qualified environmental assessment
practitioners conduct the EA to ensure that the potential environmental effects
of the proposed project are identified along with the appropriate measures to
mitigate those effects. The findings are presented in a written report which is
then reviewed for adequacy and accuracy by all interested parties.
Based on the findings of the report, the responsible authority decides
whether adverse environmental effects are likely to be significant – a decision
which is taken into account when determining whether the proposed project should
proceed or not. If the proposal is to be carried out, the mitigation measures
identified in the report are incorporated into the project’s design plans and
implemented. Where required or appropriate, a follow-up program is also designed
and implemented to verify that the predictions of the EA were accurate and the
mitigative measures effective. If it is deemed that a project will likely have
significant adverse environmental effects, a mediator or a review panel may be
appointed by the Minister of the Environment to impartially review and assess
the proposal and its projected effects.
Public participation is an essential element of the environmental assessment
process. The CNSC’s approach to public involvement in the EA process fully meets
CEAA requirements. It is also consistent with our public consultation and risk
management policies, and with the Commission’s expectations for facilitating
transparency and openness in decision-making. Public consultation objectives for
the CNSC’s EA process include:
- encouraging early communication of information on a project;
- identifying public support or concerns regarding a project;
- promoting transparency and accountability in the CNSC decision-making
process;
- promoting confidence in the credibility and quality of the EAs;
- integrating public knowledge into the decision-making process; and
- assisting the government to fulfill its duty to consult with aboriginal
peoples.
Environmental assessments are beneficial on many levels. Beyond ensuring
government accountability, EAs often result in the increased protection of human
health and safety, the sustainable use of natural resources and minimized risks
of environmental disasters.
For more information on the CNSC and the Environmental Assessment process,
please consult our Web site at
www.nuclearsafety.gc.ca.
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