Approval Process

Introduction

The Environmental Protection and Enhancement Act (the Act) and the accompanying regulations set out in detail what activities require approval and the process for obtaining these approvals. Approvals are required from Alberta Environment to ensure proposed projects that could cause an adverse impact on the environment are reviewed. The definition of approval includes renewals of approvals for existing projects. After a detailed review by the department, a decision is made as to whether an approval should be issued or renewed. The Act supports a streamlined "single window" approach to approvals whereby one Director in each administrative region is responsible for coordinating and integrating the review of potential impacts of proposed projects on the environment, including air, land and water.

Details of the process are provided under these regulations:

Approvals and Registrations Procedure Regulation AR 113/93 with amendments up to and including AR 216/96
Activities Designation Regulation AR 211/96; and
Environmental Protection and Enhancement (Miscellaneous) Regulation AR 118/93 with amendments up to and including AR 191/96.

When is an Approval Required?

The Act sets out a broad schedule of activities that could adversely impact the environment. The Activities Designation Regulation lists those activities from the schedule that require an approval, a registration, or a notice.

The activities are grouped into five different categories:

Division 1 —Waste Management;
Division 2 —Substance Release;
Division 3 —Conservation and Reclamation;
Division 4 —Miscellaneous (Pesticides, Designated Materials, Water Wells); and
Division 5 —Potable Water

Where there is a project which includes activities from different categories, one approval may be issued which covers all of the activities included in the project. The approval would be issued under the category which best describes the overall project.

What are the Stages of the Approval Process?

The Approval Process consists of five stages.

Filing of an application.
Notice requirements for a complete application.
Review of an application.
Decision to issue or refuse to issue approval.
Provisions for appeal.

Stage 1 - Filing of Application

The entire approval process begins by filing an application together with an appropriate application fee, if applicable, to the:

Regulatory Approvals Centre
Alberta Environment
Main Floor, 9820 - 106 Street
Edmonton, Alberta T5K 2J6

The application fee structure is based on a charge for each new approval, renewal or amendment application. The amount of the fee is linked to the complexity of the activity and the level of service needed to review and process the application. Please note that local authorities, the Government, or government agencies are not required to pay application fees. The application fee is non-refundable once the technical review of an application has commenced. Application fees are to be made payable to the Minister of Finance.

The Approvals and Registrations Procedure Regulation (sections 2, 3 and 4) identifies what information is required in the application. Examples of this information include the location, capacity and size of the activity, the nature of the activity and a description of any public consultation undertaken or proposed by the applicant. The Director is given the discretion to waive certain requirements if they are not applicable to a proposed project. To assist applicants, guidelines have been developed which set out more detailed requirements as they relate to specific kinds of activities.

The Approvals and Registrations Procedure Regulation states that the Director will not make a decision on whether to issue an approval unless an application is complete. The Director will advise the applicant if an application is not complete (see Approvals and Registrations Procedure Regulation, section 4).

Stage 2 - Notice Requirements

Public involvement is a key component of this next stage. The Act directs that the public be notified of all applications for an approval. When an applicant notifies the public, those persons who are directly affected by the application may submit a written statement to the Director outlining their concerns, and may appeal the decision to issue an approval.

This requirement can be waived by the Director in an emergency; when the activity is considered routine (as defined under the Environmental Protection and Enhancement (Miscellaneous) Regulation, section 1); or where adequate notice has already been given.

Generally, a routine matter is defined as:

an activity which will result in a minimal or no adverse effect on the environment;
a proposed change to an activity if the change is minor in nature and will result in minimal or no adverse effect on the environment; or
a proposed amendment, addition or deletion to a term or condition that is minor in nature and will result in a minimal or no adverse effect on the environment.

Where the notice of application was waived, the approval holder and any person who is directly affected by the Director's decision may appeal. See the Environmental Appeal Board fact sheet for more information.

Stage 3 - Review of Application

At this stage, the Director reviews the completed application, including the public's statements of concern. The Approvals and Registrations Procedure Regulation describes this as being a review to determine whether the general and overall impact on the environment of the activity is in accordance with the Act and the regulations. The review may address design plans, site suitability, proposed monitoring programs and methods of minimizing the generation, use and release of substances. The Director has the option of referring the application to a Referral Committee, as set out under section 7 of the Approvals and Registrations Procedure Regulation.

In order to complete the review, the Director may require additional information from the applicant or may require the applicant to hold meetings so the public may obtain information respecting the application. The Director may also ask the applicant to address statements of concern from the public.

Stage 4 - Decision to Issue an Approval

At this stage, the Director decides whether an approval will be issued and what conditions will be required. The Act requires that the Director considers the results of any related public hearings by the Alberta Energy and Utilities Board or the Natural Resources Conservation Board.

The Director will also consider any statements of concern filed by those who are directly affected prior to making a decision. The Director may circulate particulars of his proposed decision, for comment, to the applicant or approval holder and persons filing statements of concern, prior to making a decision.

If the Director decides to issue an approval, it will contain the requirements or terms and conditions that must be followed. When the Director makes his decision, he provides notice of that decision in accordance with the Act and the regulations to the applicant or approval holder and persons filing statements of concern.

Stage 5 - Provisions for Appeal

The Act sets out the conditions under which a decision to issue or not to issue can be appealed. Requests for appeals are submitted to the Environmental Appeal Board, an administrative tribunal established under the Act. Where notice of the application was provided, the approval holder or any person who previously submitted a statement of concern and is directly affected by the approval may appeal the decision. Where the notice of application was waived, the approval holder and any person who is directly affected by the Director's decision may appeal. Where the Director refuses to issue the approval, the applicant may appeal the decision. See the Environmental Appeal Board fact sheet for more information

For What Period of Time are Approvals Issued?

The Act provides that approvals may be issued for specified periods. Generally the maximum term is 10 years, however, the Director can set a shorter term. The Environmental Protection and Enhancement (Miscellaneous) Regulation (section 7) outlines the terms for various approvals.

Can Changes be made to Approvals once they are issued?

The Act sets out the situations under which an amendment may be made to an approval. The applicant can initiate an application for an amendment at any time. The Director may also initiate an amendment to an approval. For example, the Director may want an amendment to deal with an adverse effect, which was not reasonably foreseeable, when the approval was first issued. All amendments and changes to an activity are subject to the approval process. Changes in an activity that do not require an amendment are specified in Section 64(3) of the Act.

Can an Approval be Suspended or Cancelled?

The Act sets out the situations under which an approval can be suspended or cancelled. These situations include:

on application from an approval holder;
by a Director on his own initiative; or
through an enforcement order.

Notice requirements and appeals also apply to suspensions and cancellations.

Can an Approval be Transferred?

The Act provides that approvals can be transferred. A transfer of an approval or registration is not valid without the prior written consent of the Director. Applications for transfer of an approval or registration are to be made to the Regulatory Approvals Centre. No fees are associated with transfers.

Certificates of Qualification

Individuals whose work could affect the environment may be required to obtain certificates indicating their qualifications to carry out such work. The following regulations list when a certificate of qualification is needed:

Potable Water Regulation;
Wastewater and Storm Drainage (Ministerial) Regulation;
Substance Release Regulation; and
Pesticides (Ministerial) Regulation.

These certificates are not intended to duplicate other training and certification programs in Alberta.

When can Security be Required from Approval Holders?

To ensure compliance with the terms of an approval, the applicant for an approval or an approval holder may be required to provide financial security as specified in the regulations. If the terms of the approval are not followed or the environment is adversely impacted, the security can be used to remedy the problem.

Security is required for approvals issued in respect of an activity that is listed in Division 1 and Division 3 of the Schedule to the Activities Designation Regulation.

Where an approval referred to in the Water Well Regulation is cancelled or suspended, the Director may refuse to issue another approval to the same person unless that person provides security.

For more information regarding the Approvals Process, please call:

Alberta Environment
Regulatory Approvals Centre
(780) 427-6311