Environmental Assessment in Canada

To Whom Does This Apply?

• proposes the project;
• grants money or any other form of financial assistance to the project;
• grants an interest in land to enable a project to be carried out (that is, sells, leases or otherwise transfers control of land);
• issues a permit or license listed on the Law List Regulations.

Summary

In June 1992, Parliament passed the Canadian Environmental Assessment Act, which was proclaimed in January 1995. The Canadian Environmental Assessment Agency (the Agency) is charged with administering the Act and promoting federal environmental assessment processes, policies and practices.

The Agency reports directly to the Minister of the Environment and operates independently of all federal departments and agencies, including Environment Canada.

The Agency is also responsible for:

• providing advice to the Minister of the Environment;
• providing opportunities for public involvement;
• promoting sound environmental assessment practices;
• providing training and guidance to various stakeholders;
• administering panel reviews and mediations.

Regulations

The following eight regulations have been developed:

• 1. Comprehensive Study List Regulations
• 2. Law List Regulations
• 3-4. Exclusion List and Inclusion List Regulations
• 5. Projects Outside Canada Environmental Assessment Regulations
• 6. Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements
• 7. Canada Port Authority Environmental Assessment Regulations
• 8. Federal Authorities Regulations

(Back to list of Regulations)

1. Comprehensive Study List Regulations

The Comprehensive Study List Regulations describe those types of projects that must be assessed through a more detailed study. These projects have the potential of causing significant adverse environmental effects. Examples include:

• large oil and natural gas developments;
• projects in national parks and protected areas;
• major electrical-generation projects;
• large mining projects;
• major pipelines;
• nuclear power facilities, including uranium mines;
• large industrial plants.

(Back to list of Regulations)

2. Law List Regulations

Under the Act, an environmental assessment is required ("triggered") when a federal department or agency is asked to provide a license, permit, certificate, or other regulatory authorization under a statutory or regulatory instrument that is cited in the Law List Regulations. The Law List helps to define the scope of the application of the Act by identifying those federal authorizations that will be counted as triggers for an environmental assessment.

(Back to list of Regulations)

3-4. Exclusion List and Inclusion List Regulations

Under the Act, a project is defined as either:

• an undertaking in relation to a physical work such as any proposed construction, operation, modification, decommissioning, or abandonment. (Physical works are human-built structures that have a fixed location such as a dam or a bridge); or
• any physical activity not relating to a physical work that is listed in the Inclusion List Regulations.

Regulations apply to each of these two types of projects:

• The Exclusion List Regulations describe those undertakings in relation to a physical work that do not require an environmental assessment. Such projects are routine and relatively small-scale, and can be expected to result in only insignificant environmental effects. Examples include:
  • routine maintenance;
  • minor renovations;
  • construction of small buildings.
• The Inclusion List Regulations relate only to those projects that are a physical activity not relating to a physical work. These regulations prescribe activities that must be subject to an environmental assessment if a federal department or agency proposes, funds, provides an interest in land or otherwise authorizes the project by issuing a permit or license. Examples include the ocean dumping of substances prescribed by the Canadian Environmental Protection Act, 1999 and the cutting and removal of timber from forests in a national park.

(Back to list of Regulations)

5. Projects Outside Canada Environmental Assessment Regulations

These regulations describe the procedures for conducting environmental assessments of projects located outside Canada and involving the federal government, while respecting the sovereignty of states and international law.

(Back to list of Regulations)

6. Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements

The Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements help to ensure, as far as possible, that only one environmental assessment is done for a project; the regulations include the following key elements:

• identification and notification of federal authorities that may be involved in a project as responsible authorities or as expert departments according to particular timelines;
• consultation among federal authorities regarding the scope of the environmental assessment for the project;
• release of environmental assessment determinations by all responsible authorities according to an agreed schedule;
• coordination of all responsible authorities' interests and involvements in comprehensive study recommendations.

These regulations are commonly known as the “Federal Coordination Regulations.”

(Back to list of Regulations)

7. Canada Port Authority Environmental Assessment Regulations

These regulations apply to all port authorities created pursuant to the Canada Marine Act. They define the environmental assessment process to be followed for projects where a port authority is the proponent, is funding a project, or is disposing of an interest in land for a project to proceed.

(Back to list of Regulations)

8. Federal Authorities Regulations

These regulations prescribe specified bodies to be federal authorities for the purposes of the Canadian Environmental Assessment Act.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Alberta Contact(s):
Mr. Lanny Coulson
Director, Alberta/NWT Region
Canadian Environmental Assessment Agency
Suite 100
Revillon Building
10237 - 104 Street North West
Edmonton, Alberta  T5J 1B1
Telephone: (780) 422-7704
Fax: (780) 422-6202
E-mail: Lanny.Coulson@acee-ceaa.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

British Columbia Contact(s):
Mr. Jason Quigley
Director, Pacific and Yukon Region
Canadian Environmental Assessment Agency
Suite 320
Sinclair Centre
757 West Hastings Street
Vancouver, British Columbia  V6C 1A1
Telephone: (604) 666-6989
Fax: (604) 666-6990
E-mail: Jason.Quigley@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Manitoba Contact(s):
Mr. Dan McNaughton
Director Prairie Region
Canadian Environmental Assessment Agency
Suite 445
123 Main Street
Winnipeg, Manitoba  R3C 4W2
Telephone: (204) 984-2457
Fax: (204) 983-7174
E-mail: Dan.McNaughton@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

New Brunswick Contact(s):
Mr. Bill Coulter
Director, Atlantic Region
Canadian Environmental Assessment Agency
Suite 200
1801 Hollis Street
Halifax, Nova Scotia  B3J 3N4
Telephone: (902) 426-0564
Fax: (902) 426-6550
E-mail: Bill.Coulter@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Newfoundland & Labrador Contact(s):
Mr. Bill Coulter
Director, Atlantic Region
Canadian Environmental Assessment Agency
Suite 200
1801 Hollis Street
Halifax, Nova Scotia  B3J 3N4
Telephone: (902) 426-0564
Fax: (902) 426-6550
E-mail: Bill.Coulter@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Northwest Territories Contact(s):
Mr. Lanny Coulson
Director, Alberta/NWT Region
Canadian Environmental Assessment Agency
Suite 100
Revillon Building
10237 - 104 Street North West
Edmonton, Alberta  T5J 1B1
Telephone: (780) 422-7704
Fax: (780) 422-6202
E-mail: Lanny.Coulson@acee-ceaa.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Nova Scotia Contact(s):
Mr. Bill Coulter
Director, Atlantic Region
Canadian Environmental Assessment Agency
Suite 200
1801 Hollis Street
Halifax, Nova Scotia  B3J 3N4
Telephone: (902) 426-0564
Fax: (902) 426-6550
E-mail: Bill.Coulter@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Nunavut Contact(s):
Mr. David Robinson
Canadian Environmental Assessment Agency
22nd Floor
160 Elgin Street
Ottawa, Ontario  K1A 0H3
Telephone: (613) 957-0024
Fax: (613) 957-0941
E-mail: David.Robinson@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Ontario Contact(s):
Ms. Louise Knox
Director, Ontario Region
Canadian Environmental Assessment Agency
Room 907
55 St. Clair Avenue East
Toronto, Ontario  M4T 1M2
Telephone: (416) 952-1575
Fax: (416) 952-1573
E-mail: Louise.Knox@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Prince Edward Island Contact(s):
Mr. Bill Coulter
Director, Atlantic Region
Canadian Environmental Assessment Agency
Suite 200
1801 Hollis Street
Halifax, Nova Scotia  B3J 3N4
Telephone: (902) 426-0564
Fax: (902) 426-6550
E-mail: Bill.Coulter@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Quebec Contact(s):
Mr. François Boulanger
Regional Director, Quebec Region
Canadian Environmental Assessment Agency
2nd Floor
1141 Route de l'Église
P.O. Box 9514
Sainte-Foy, Quebec  G1V 4B8
Telephone: (418) 649-6438
Fax: (418) 649-6443
E-mail: Francois.Boulanger@acee-ceaa.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Saskatchewan Contact(s):
Mr. Dan McNaughton
Director Prairie Region
Canadian Environmental Assessment Agency
Suite 445
123 Main Street
Winnipeg, Manitoba  R3C 4W2
Telephone: (204) 984-2457
Fax: (204) 983-7174
E-mail: Dan.McNaughton@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm

Yukon Contact(s):
Mr. Jason Quigley
Director, Pacific and Yukon Region
Canadian Environmental Assessment Agency
Suite 320
Sinclair Centre
757 West Hastings Street
Vancouver, British Columbia  V6C 1A1
Telephone: (604) 666-6989
Fax: (604) 666-6990
E-mail: Jason.Quigley@ceaa-acee.gc.ca
Web site: http://www.ceaa-acee.gc.ca/index_e.htm