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Basics of Environmental AssessmentTo learn about the purpose and types of environmental assessment, see the Federal Environmental Assessment
The Act
Types of Environmental Assessment Screening Class Screening Comprehensive Study
Mediation Review Panel
Federal Environmental AssessmentWhat is environmental assessment? In general, environmental assessment is a process to predict the environmental effects of proposed initiatives before they are carried out. An environmental assessment:
Other environmental studies are often confused with environmental assessment. Environmental assessments are not … Environmental site assessments that are used to identify the nature and extent of contaminants on a specific site. Environmental audits that are used to evaluate the environmental management and regulatory compliance of a specific operation. What is the purpose of environmental assessment? There are two main purposes of environmental assessment:
When are environmental assessments undertaken? Environmental assessment should be conducted as early as possible in the planning and proposal stages of a project for the analysis to be valuable to decision makers and to incorporate the mitigative measures into the proposed plans. Timely and efficient environmental assessments result in more informed decision making that supports sustainable development. What are the benefits of environmental assessment? By considering environmental effects and mitigation early in the project planning cycle, environmental assessment can have many benefits, such as:
Many important steps help to identify possible environmental effects and mitigative measures. Figure 1 - Environmental assessment process
1. Determine if an environmental assessment is required - A federal authority determines whether it has a responsibility to ensure that an environmental assessment is conducted. 2. Identify who’s involved - The responsible party, called a responsible authority:
3. Plan the environmental assessment - The responsible authority(ies) determine how the environmental assessment will be conducted. For example, they identify the:
4. Conduct the analysis and prepare the environmental assessment report - One or more qualified environmental assessment practitioners identify the potential environmental effects and measures to mitigate those effects. The findings are presented in a written report. 5. Review environmental assessment report - The responsible authority(ies) reviews the report for adequacy and accuracy, and may have others review the report as well. 6. Make environmental assessment decision - Based on the findings of the report, the responsible authority(ies) decides whether adverse environmental effects are likely to be significant. This decision is taken into account when determining whether the proposed project should proceed. 7. Implement mitigation and follow-up program, as appropriate - If the proposal is to be carried out, the mitigation measures identified in the report are incorporated into the design plans and implemented with the project. Where required or appropriate, a follow-up program is also designed and implemented to verify that the environmental assessment was accurate and the mitigative measures were effective. How can the public get involved? Public participation is an important element of an environmental assessment process. It strengthens the quality and credibility of environmental assessments. The public is an important source of local and traditional knowledge about a proposed project's physical site and likely environmental effects. Through public participation activities, project proponents can obtain information, better understand and respond to public concerns, and inform people about decisions. Learn about opportunities under Public Participation. In what cases might federal and provincial/territorial governments work together to conduct environmental assessments? The Canadian Environmental Assessment Act requires that the federal environmental assessment process be applied when a federal authority is involved in a project. In some cases, both federal and provincial or territorial processes apply. Given the potential for overlapping environmental assessments, the Act allows the Minister of the Environment to enter into agreements with provincial and territorial governments relating to the environmental assessments of projects where both governments have an interest. These agreements provide guidelines for the roles and responsibilities of each government in the assessment of such projects. The ActWhat is the Canadian Environmental Assessment Act? The Canadian Environmental Assessment Act is the legal basis for the federal environmental assessment process. The Act sets out the responsibilities and procedures for carrying out the environmental assessments of projects which involve federal government decision making. A number of regulations have been established under the Act. Some are essential to the functioning of the Act. Others apply in special circumstances. The four essential regulations are the:
There are four questions to answer when determining whether an environmental assessment is required under the Act. Figure 2 - Determining if the Act Applies
A project can be either:
A project may be exempted from an environmental assessment if it:
In the context of the Act, the term federal authority refers to a federal body (e.g., a department or agency) that may have expertise or a mandate relevant to a proposed project. Ministers, departments, departmental corporations and agencies of the Government of Canada are federal authorities. Other bodies created by statute and accountable through a minister to Parliament can also act as a federal authority. What triggers the application of the Act? The federal environmental assessment process is applied whenever a federal authority has a specified decision-making responsibility in relation to a project, also known as a “trigger” for an environmental assessment. Specifically, it is when a federal authority:
Are there any other reasons for carrying out an environmental assessment? If a project does not involve any of the “triggers” to the Act, an environmental assessment under the Act may still be possible. If the Minister of the Environment receives a petition from individuals or interested parties requesting a project to be referred to a mediator or review panel and the Minister considers the project has the potential to cause significant adverse environmental effects across boundaries between non-federal and federal lands, or across provincial or international boundaries, then the Minister has the authority to require an assessment of the transboundary effects in some circumstances. Types of Environmental AssessmentThe Act describes different types of environmental assessment that may be required: screenings (including class screenings), comprehensive studies, mediations and review panels. ScreeningA screening is a systematic approach to documenting the environmental effects of a proposed project and determining the need to eliminate or minimize (mitigate) the adverse effects, to modify the project plan or to recommend further assessment through mediation or an assessment by a review panel. The responsible authority must ensure that the screening of the project is carried out. Screenings will vary in time, length and depth of analysis, depending on the circumstances of the proposed project, the existing environment, and the likely environmental effects. Some screenings may require only a brief analysis of the available information and a brief report; others may need new background studies and will be more thorough and rigorous. The responsible authority must prepare or ensure the preparation of a report which summarizes the findings of the screening. What happens after a screening? A responsible authority must determine the significance of the environmental effects of the project. This in turn governs whether the responsible authority can take action that will enable the project to proceed (i.e., whether to proceed with the project itself when it is the proponent, or otherwise to provide the funding, land, permit or other authorization). If the screening has identified the need for further review, the responsible authority must ask the Minister of the Environment to refer the project to a mediator or a review panel. Further review is necessary when:
However, the responsible authority cannot take any action that enables the project to proceed, if the project is likely to cause significant adverse environmental effects (taking into account any appropriate mitigation measures) that cannot be justified in the circumstances. How can I get involved in a screening? If you are interested in a project in your area, consult the Canadian Environmental Assessment Registry to determine if an environmental assessment is underway. Public involvement in a screening is at the discretion of the responsible authority and depends on factors such as the nature of the project, its environmental setting and public concerns. If the responsible authority decides to solicit public input as part of the environmental assessment, this input will be taken into consideration when the responsible authority decides the next step in the environmental assessment process. Where the responsible authority has determined that public participation is appropriate, it must provide an opportunity for the public to examine and comment on the screening report. Class ScreeningThe class screening is a special type of screening that can help streamline the environmental assessment of certain types of projects. The Agency has determined that these types of projects are not likely to cause significant adverse environmental effects, providing that the design standards and mitigation measures described in the class screening report are applied. There are two types of class screenings:
How can I get involved in class screening? Before a report is declared to be a class screening report by the Canadian Environmental Assessment Agency, the public must be notified and given an opportunity to comment on the class screening report. The Agency must then take the public comments into account in making a decision on the designation. For information about proposed class screenings, consult the Canadian Environmental Assessment Registry or see proposed Class Screenings. Comprehensive StudyWhat is a comprehensive study? The majority of federal projects are assessed through a screening; however, some projects require a comprehensive study. These projects are described in the Comprehensive Study List Regulations. These tend to be large projects having the potential for significant adverse environmental effects. They may also generate public concerns. Examples of such projects include large-scale oil and natural gas developments, nuclear power developments, electrical-generation projects, industrial plants and certain projects in national parks and others. Early on in the comprehensive study, the Minister of the Environment has to decide whether the project should continue to be assessed as a comprehensive study, or whether it should be referred to a mediator or review panel. If the Minister decides the project should continue as a comprehensive study, the project can no longer be referred to a mediator or review panel. What happens after a comprehensive study? The Minister of the Environment issues an environmental assessment decision statement, which includes the Minister's opinion about the significance of the environmental effects of the project and sets out any mitigation measures or follow-up program the Minister considers appropriate. The Minister of the Environment also has the power to request additional information or require that public concerns be addressed before issuing the environmental assessment decision statement. Once the environmental assessment decision statement is issued, the Minister refers the project back to the responsible authority for action. How can I get involved in a comprehensive study? If you are interested in a project in your area, consult the Canadian Environmental Assessment Registry to determine if an environmental assessment is underway. If so, you may then contact the responsible authority. Explore more information regarding Comprehensive Studies. The responsible authority must provide opportunities for public participation throughout the comprehensive study. The public has an opportunity to participate in the comprehensive study before the Minister of the Environment makes a decision on whether the project should proceed as a comprehensive study or be referred to a mediator or review panel. This public input must be taken into account by the Minister of the Environment when issuing his/her environmental assessment decision statement. The public also has an opportunity to review the comprehensive study report before any decisions are made on the project. Funding is available to assist the public to participate in a comprehensive study. MediationMediation is a voluntary process of negotiation in which an independent and impartial mediator helps interested parties resolve their issues. The mediator is appointed by the Minister of the Environment after consulting with the responsible authority and the interested parties. Mediation can be used to address all issues that arise in a project's environmental assessment or it can be used in combination with an assessment by a review panel. For example, it may support a panel by bringing the parties together to resolve specific questions, such as the determination of the most effective mitigation measures. Mediation can produce many benefits. It can be sensitive to local concerns and be less costly and time consuming than an assessment by a review panel. Participants may also gain a sense of having contributed to the resolution of a problem. Mediation is an appropriate option when the interested parties are willing to participate and a consensus seems possible. It is particularly effective where there are only a few interested parties and the issues are limited in scope and number. What happens after a mediation? Regardless of whether the mediation successfully resolves the issues under negotiation, the mediator must prepare a report to the responsible authority and the Minister of the Environment, who then makes it public. Once the report has been submitted, the work of the mediator is complete. The responsible authority must take the mediator's report into consideration before determining the significance of the environmental effects of the project. How can I get involved in a mediation? Individuals and organizations having a direct interest in or directly affected by a proposed project would be involved in the mediation. A public information program, in which the general public is kept informed of the progress of talks, would form part of the mediation process. If mediation does not successfully resolve the issues under negotiation, the Minister can order its conclusion. The mediator will provide the Minister of the Environment and the responsible authority with a report of the results of the mediation. Funding is available to assist the public in participating in an assessment by a mediator. Review PanelA review panel is a group of experts selected on the basis of their knowledge and expertise and appointed by the Minister of the Environment. The Minister also appoints one of the panel members as chairperson. A review panel is appointed to review and assess, in an impartial and objective manner, a project with likely adverse environmental effects. A review panel may also be appointed in cases where public concerns warrant it. Such projects may be referred by the responsible authority to the Minister of the Environment for assessment by a review panel. Only the Minister of the Environment may order an assessment by a review panel. A review panel submits its recommendations to the Minister of the Environment and to the responsible authority. Review panels have the unique capacity to encourage an open discussion and exchange of views. They also inform and involve large numbers of interested groups and members of the public by allowing individuals to present evidence, concerns and recommendations at public hearings. A panel allows the proponent to present the project to the public and explain the projected environmental effects, and provides opportunities for the public to hear the views of government experts about the project. When a project requires a decision from the federal government and another level of government, they may choose to conduct the assessment through a joint review panel to save time and money. The government has developed harmonization agreements with some provinces to facilitate such reviews. What happens to a project after an assessment by a review panel? Once a review panel has completed the public hearings and its analysis, it must prepare an environmental assessment report which summarizes its rationale, conclusions and recommendations, and includes a summary of comments received from the public. This report is submitted to the responsible authority and the Minister of the Environment who then makes it public. The responsible authority must take the review panel’s report into consideration before making any decision with regard to the project. It must also respond to the report, with the approval of Cabinet. How can I get involved in a review panel? In assessments by review panels, members of the public may participate in scoping meetings to identify issues that need to be addressed. There are also opportunities later in the process to appear before the review panel in public hearings to present evidence, concerns and recommendations. Find out more about funding to assist the public in participating in an assessment by a review panel. Consult the Canadian Environmental Assessment Registry or read more at Review Panels. |
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