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Environmental Assessment Program
Annual Report 1997-1998
June 1998
TABLE OF CONTENTS
Executive Summary
Purpose
Assessments : Highlights
Ontario
Quebec
Pacific & Yukon
Atlantic
Prairie & Northern
Harmonization
A Success Story
Projects / Activities
Policy Assessment
EA Tools
Guidance Materials
Training
Auditor General
Looking to the Future
Glossary
Abbreviations
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Questions and enquiries regarding this report
should be directed to:
Ruth Thoms
Environmental Assessment Branch
Environmental Protection Service
Environment Canada
351 St. Joseph Blvd.,
17th floor
Hull, Quebec
K1A 0H3
Tel.: (819) 953-5333
Fax: (819) 953-4093
Email: Ruth.Thoms@ec.gc.ca
© Minister of Public Works and Government Services
1998
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Environmental Assessment Program
Annual Report 1997-1998
EXECUTIVE SUMMARY
This Annual Report
provides an overview of the activities of Environment Canada's National
Environmental Assessment (EA) Program for the 1997-1998 fiscal year.
The National
EA Program consists of Environmental Protection Service (EPS), Environmental
Conservation Service (ECS) and Atmospheric Environment Service (AES) staff
from both Headquarters and the five Regional Offices who contribute to
meeting the Department's EA responsibilities. The Headquarters component
of the Program includes the Environmental Assessment Branch as well as
EA practitioners' residing in the National Hydrology Research
Institute in (Saskatoon, Saskatchewan), the National Water Research Institute
(Burlington, Ontario) and the National Wildlife Research Institute (Hull,
Québec).
The bulk
of the National EA Program mandate stems from its responsibilities related
to the EA of projects, as set out the Canadian Environmental Assessment
Act (CEAA). The 1997-1998 fiscal year is the third fiscal year that the
Act, and its four key regulations, have been in force. Once again, the
Program has been very busy addressing more than 1800 project EAs. Our
advice as an "expert" science department has influenced the
design and outcome of these projects. Under MOUs and Harmonization Agreements,
EC has seen fruitful cooperation with other federal and provincial agencies.
The Program's activities over the past fiscal year in fulfillment
of its responsibilities under the 1990 Cabinet Directive on the environmental
assessment of policies, plans and programs also are reflected in this
report.
The 1997-1998
year was also a year of successes for the National EA Program. The Sable
Gas project demonstrated how governments can work in a spirit of cooperation
to manage this valuable natural resource. The increasing use of electronic
tools such as the Infolane are contributing to better communication among
EA practitioners, disseminating information more efficiently and in a
more timely fashion among the Regions.
Overall,
Environment Canada's National EA Program has gained many new experiences
during the 1997-1998 year in fulfilling its responsibilities. It is proud
of the contribution it has made over this period toward encouraging the
examination of the environmental implications of projects, and of policies
and programs, in which the federal government has had some involvement.
Should
you wish to receive more information about this Program or about the contents
of this report, please contact the Director, Environmental Assessment
Branch of Environment Canada, at (819) 953-1690. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
PURPOSE
This
Annual Report demonstrates the Department's commitment to be accountable
for its actions and to share our successes in the field of Environmental
Assessment (EA). This Report details our EA activity between April 1,
1997 and March 31, 1998. It also responds to the need to report on the
increasing level of activity in our EA Program including departmental
activities relating to adherence to the 1990 Cabinet Directive on the
EA of policies and programs. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
ASSESSMENTS : HIGHLIGHTS
Ontario
TransCanada Pipeines 1998 Facilities Application
In May 1997, TransCanada PipeLines (TCPL) sought approval from the National
Energy Board for proposed upgrades to their pipeline facilities in Saskatchewan,
Manitoba, Ontario and Quebec, including over 300 km of pipeline looping and
new right-of-way, as well as expansions to 11 compressor stations. For the first
time on an inter-provincial pipeline project, a single EC submission of FA expert
advice was made to the NEB, coordinated by Ontario Region, with input from Prairie
& Northern and Quebec Regions. Extensive comments and recommendations were
made relating to the protection of migratory birds and their habitat, cumulative
air quality impacts from compressor station emissions, and water quality impacts.
EC's FA comments were successful, resulting in some positive changes to the
proposed undertaking, including avoidance of migratory songbird habitat in a
significant Carolinian forest habitat in southwestern Ontario. EC has advocated
for several years on gas pipeline projects, including this one, that pronents
use low NOx emitting gas compressors, and TCPL now routinely installs
state-of-the-art dry low-NOx units when upgrading compressor stations.
We were also successful in changing TCPL's air quality modeling approach relating
to the use of realistic background NO2 levels in urbanized areas
of Canada which reflect the cumulative effect of past and present activities.
In addition, EC's air specialists have also continued to work with the proponent
on improving air dispersion modeling techniques used in air quality assessments
for future proposals, an example of pro-active follow-up activity related to
our expert FA role being undertaken after the project EA approvals have been
given.
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Quebec
Magnesium plant in Asbestos (Magnola Project)
The "Magnola" project was one of the first major industrial projects
to be assessed in accordance with the Quebec impact assessment process, and
although it was not subject to the federal process, the Bureau
d'audiences publiques sur l'environnement (BAPE) asked EC to designate
an expert to answer questions regarding the federal Toxic Substances Management
Policy at the public hearings. BAPE was very impressed with the experts loaned
by EC and subsequently sent us, on three separate occasions, series of questions
specifically concerning the dispersal of toxic substances in the environment.
Our experts' recommendations were adopted by the Quebec Department of the Environment
and Wildlife, which directed the proponent to implement the recommendations.
This represents a giant step forward in terms of the recognition of the Toxic
Substances Management Policy in Quebec and was made possible through the environmental
assessment process.
TQM proposal to construct a pipeline to connect with PNGTS
Trans-Québec & Maritimes' proposal to construct
a natural gas pipeline from Montreal to New England is subject to a comprehensive
study under CEAA. Although the National Energy Board (NEB) is the lead RA, EC
is also a RA due to the fact that TQM requested an easement to use Île aux Fermiers,
which is owned by the Canadian Wildlife Service, to facilitate the crossing
of the St. Lawrence River by means of directional drilling. Through regular
exchanges between the proponent and EC, the terms of implementation were established
and the environmental concerns related to this environment were identified,
taking account of the island's conservation mission. Using baseline data and
the comprehensive study report submitted by the proponent, EC will prepare an
environmental screening report that will serve as a decision-making tool. One
of the major challenges in the management of this project is to effectively
coordinate the various government authorization mechanisms. EC has acted with
diligence, ensuring that its concerns were properly addressed.
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Pacific and Yukon
The Keenleyside Project
The Columbia Power Corporation proposes to construct a 150MW powerplant, powerline,
and associated facilities at the existing Hugh Keenleyside dam near Castlegar,
B.C. and approximately 56 km north of the U.S./Canada border. EC actively participated
in the harmonized federal-provincial environmental review under the Canadian
Environmental Assessment Act (DFO habitat trigger) and the BC Environmental
Assessment Act (BCEAA).
Issues raised by EC included the requirements of the International River
Improvements Act (IRIA), potential effects of changes in the operation
of the reservoir and downstream flows on migratory bird (and fish) habitats,
changed water temperature, climate change and cumulative effects. In particular,
our National Water Research Institute provided invaluable advice on changed
water temperature that the joint federal-provincial review team used as the
basis for requiring the proponent to adopt mitigative measures to protect the
already-stressed fish populations which would be affected. Given the proximity
to the U.S. border, EC coordinated a U.S. agency consultation in the spirit
of the "Convention on Environmental Impact Assessment in a Transboundary
Context" (1991). Commitments by the proponent to operate the project in
a manner not exceeding the thresholds set forth in the IRIA resulted in an exception
from the application of this Act in March 1998.
The project
was one of the first major project screenings under CEAA that included
a cumulaive effects assessment which met the requirements of both CEAA
and BCEAA. The Project Committee completed its work in early April 1998
and recommended approval of the project subject to conditions that address
potential environmental impacts. The strong cooperation among agencies
and the efforts of the Project Committee Chair in considering and respecting
all agencies' issues and mandated responsibilities ensured a successful
conclusion to the review. This demonstrates the value of close cooperation
in harmonised reviews, in contrast to some other such reviews which would
undoubtedly benefit from a similar cooperative approach.
McNab Creek LNG Storage Facility
WestCoast
Gas Services Inc.(WGSI) proposes to build the largest above-ground Liquefied
Natural Gas tank in the world, to be located in Howe Sound, near Vancouver.
The 3 billion cubic foot storage tank is intended to provide gas for peak
use and storage. It is undergoing a review under BCEAA,only, since CEAA
is not triggered. The review has generated intense public interest.
In accordance
with the requirements of BCEAA for federal involvement, EC initially participated
as an active member on the British Columbia Environmental Assessment Office
(EAO) Project Committee reviewing this project. The Department provided
comments on wildlife and migratory bird issues, water quality, and risk
factors relating both to the environment and public safety. Misunderstandings
on the part of the EAO Project Committee Chair regarding our Department's
mandates as well as difficulties encountered in having the review address
a number of issues raised by the Department, account for EC subsequent
decision to sit as an external reviewing member rather than an active
Committee member. EC now deals with the process primarily through correspondence.
Furthermore, an April 1998 British Columbia Utilities Commission (BCUC)
decision on project rationale and on potential benefits to BC now casts
doubt on whether this project will proceed. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
Atlantic
Terra Nova
The federal
government has released its response to the report of the Terra Nova Project
Environmental Assessment Panel on the Terra Nova Offshore Development
which recommended approval of the project, subject to various recommendations.
One of the key recommendations was for the proponent to follow a precautionary
approach, which means that development should proceed with the application
of prudent foresight, recognizing uncertainty, and erring on the side
of caution when decisions must be taken where knowledge is incomplete.
Such an approach will include the use of site specific environmental assessments,
pilot projects, careful impact monitoring, cautious interpretation of
data and adaptive management. The EC team that contributed to the government
response are to be congratulated, not only for presenting our traditional
issues of concern, but also for emphasizing the need for a precautionary
approach to this important development.
Sable Gas
Sable Gas is a development of six offshore gas fields near Sable Island which
underwent a joint public review under CEAA, "Canada-Nova Scotia Sable Offshore
Energy Project Development Application (CNSOPB) Review Process", National
Energy Board Act and the Nova Scotia Environment Act. It began
hearings on April 4, 1997. In January 1998, The National Energy Board approved
applications from Sable Offshore Energy Project, and Maritimes and Northeast
Pipeline Management Ltd. to construct offshore and onshore facilities for the
drilling, production, transmission and processing of natural gas off Canada's
east coast. The decision followed a public hearing in Nova Scotia and New Brunswick,
and subsequent acceptance by the Government of Canada of the recommendations
in their report. In the presentations to the Panel, EC took a clear stand on
a number of nationally important issues such as sustainable development, the
preservation of Biodiversity, the protection of endangered species, use of the
precautionary principle and the need for effective environmental management
follow-up and protection plans.
The panel
review resulted in a number of project approvals that will lead to better
protection of the marine environment and birds from effects of the project,
monitoring of potential cumulative effects of oil and gas development
on the Grand Banks and reduction of greenhouse gases produced by the project.
This will be accomplished by limiting to 1% the oil on cuttings by Dec.
31, 1999, use of non-petroleum based drilling muds and ensuring that pipeline
and blasting activities in the Country Harbour do not disturb or destroy
migratory birds, nests or eggs during nesting season. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
Prairie and Northern
Cheviot Mine
In January
1997 a joint Alberta Energy & Utilities Board/CEAA (AEUB/CEAA) Joint
Review Panel was convened in Hinton, Alberta to examine the proposed Cheviot
Coal Mine Project. EC participated as part of a six department federal
team that included Fisheries and Oceans, Canadian Heritage (Jasper National
Park), Natural Resources, Indian and Northern Affairs, and Health Canada.
EC raised issues regarding Harlequin Duck conservation, loss of migratory
bird habitat, carnivores and cumulative effects. The panel report issued
in June, 1997, concluded that the Cheviot mine will pose little environmental
danger and will provide significant economic benefits. The panel report
recommended the proponent monitor water quality and wildlife, evaluate
the possibility of establishing a wildlife corridor through the mine area,
and prohibit mining in the upper Prospect Creek drainage area which could
harm rare alpine plants and wildlife. EC is participating on the federal-provincial
management and technical committees that will be developing the detailed
provisions of the company's development and operating permits. On
August 2, 1997 the Mineral Policy Center (a Washington based environmental
organization) joined forces with a coalition of Canadian ENGO's including
the Alberta Wilderness Association, Canadian Nature Federation, Pembina
Institute for Appropriate Development, Canadian Parks and Wilderness Association
and the Jasper Environmental Society and First Nations (Small boy Camp,
Treaty 8 Council) to stop the Cheviot Coal Mine Project. The Mineral Policy
Center was part of an American coalition that successfully put a halt
to the development of the New World Mine outside of Yellowstone National
Park. The Federal Court will be hearing a court challenge from the Sierra
Legal Defense Fund on behalf of these organizations in late April, 1998.
Little Bow Project/Highwood Diversion Plan
The Little
Bow/Highwood Water Management Plan proposed by Alberta Public Works, Supply
and Services (APWSS) and Alberta Environmental Protection (AEP) entails
the construction of a reservoir, various modifications to existing watercourses,
and diversion of the Highwood River. For decades, periodic low summer
flows have contributed to water quantity and quality problems in the Highwood
and Little Bow rivers and water users in the Little Bow River Basin have
experienced frequent shortages. Clear Lake, fed by surface runoff, has
been virtually dry since 1985. The project is intended to improve instream
flows in the Highwood River, allow the development of 20,000 new acres
of irrigation, stabilize water supplies to municipalities, and facilitate
water-based recreational opportunities.
The project
was subject to Alberta's environmental assessment requirements under the
authority of the Natural Resources Conservation Board (NRCB). In January
1997, the Minister of Fisheries and Oceans referred the project for public
review under the CEAA on the basis of aboriginal and other public concerns
regarding environmental effects. In order to harmonize federal and provincial
environmental assessment requirements, a joint NRCB/CEAA panel began in
November 1997. Final Arguments were heard in January 1998.
EC's
outstanding concerns include loss of native grassland, loss of wetland
and upland habitats, the potential for mercury contamination of water
released from the Little Bow Reservoir and the Squaw Coulee Reservoir,
water quality of Clear Lake, and the Instream Flow Needs of the Highwood
River. The Highwood River provides critical spawning and rearing habitat
for rainbow trout from the world-class sport fishery supported in the
Bow River downstream from Calgary. The panel report is expected to be
released before the end of June 1998.
Cumulative Effects Initiative Oilsands
In 1997,
EC's written submission on the proposed Syncrude Aurora Mine identified
concerns regarding the cumulative effects from the numerous oilsands developments.
The Pembina Institute, a public interest group, has also indicated through
the press that they are concerned about the cumulative effects of these
developments. The AEUB too has indicated that it has concerns regarding
regional and cumulative environmental issues and that it is considering
alternative methods and procedures, through which these issues can best
be addressed. Presently, an industry led study group, the Athabasca Oil
Sands Cumulative Effects Assessment Enhancement Initiative, is working
towards defining the cumulative effects study area boundaries, and standardized
protocols and methodologies for documenting and monitoring cumulative
effects within the area.
Suncor,
in cooperation with a number of oil sands regional developers, municipal
representatives, stakeholders and regulators are developing a common framework
for conducting Cumulative Environmental Assessments (CEA). On March 12
and 13 1998, Suncor led the Oil Sands companies in the delivery of a multi-stakeholder
workshop on developing environmental limits for the area as part of the
CEA initiative. Another workshop is planned for July 14 to determine the
next steps.
EC has
indicated that the review of these projects can proceed while the framework
for CEA and thresholds are being developed, but that the results of this
work could require some project adjustments in the future. EC will continue
to encourage the Industry led approach to CEA unless it is demonstrated
that it is not adequately addressing the issue.
Alliance Natural Gas Pipeline
On July
3, 1997 Alliance Pipeline Limited Partnership filed an application with
the National Energy Board (NEB) to build a massive natural gas pipeline
project 1565 km of mainline and 770 km of lateral pipeline in Canada.
At a cost of $4.7 billion the 37.3 million cubic metres per day pipeline
would run from northeastern British Columbia to southeastern Saskatchewan
where it would cross into the United States. Although Alliance filed its
application in July 1997, staff from EC's Prairie and Northern Region
began discussions with Alliance about their concerns with the project
in mid October 1996. This series of early discussions aided the company
in determining the potential environmental impacts and allowed them to
incorporate changes in their preliminary design to avoid sensitive habitat
prior to the filing of the application.
Inevitably,
some habitat considered sensitive by the Department would be impacted
by the construction. EC is continuing discussions with both the NEB and
Alliance urging that construction activities in specific, identified grassland
habitats be limited to time periods outside of the breeding periods for
COSEWIC listed species and migratory birds dependent upon this habitat.
Such prohibition would be implemented if it becomes a condition of the
NEB's certificate of public convenience and necessity.
As well as resolving a number of compressor station air emissions issues noted
in the the proponent's application, EC questioned the ozone limiting methodology
used by the proponent to determine the conversion of NOx to NO2.
EC informed Alliance that there is a new USEPA model (the ISC3-OLM model), that
enables individual stack emissions to be calculated in areas containing multiple
air emissions sources. Alliance has agreed to apply it to their project in areas
where cumulative air quality impacts are an issue and that the results from
this new modeling approach will be available to the regulator (the NEB). Alliance
has also agreed to prepare a revised air quality monitoring program for application
once the compressor stations come into service.
Uranium Mining Developments in Northern Saskatchewan
The last
three reports of the Joint Federal/Provincial Panel for Uranium Mining
Developments in Northern Saskatchewan were submitted in November, 1997,
with simultaneous releases of the federal and provincial responses in
April 1998. The reports made recommendations to governments on the Midwest
project, the Cigar Lake project, and Cumulative Observations by the Joint
Panel over its six year mandate. An earlier report on the McArthur River
project was released by the Panel in February, 1997 and responded to in
May, 1997. The Panel was established under EARP in 1991 and previously
reviewed an expansion at the Cluff Lake mine, the McClean Lake project,
and an earlier unsatisfactory version of the above Midwest project. All
five projects have now received impact assessment approvals and entered
the subsequent regulatory licensing process. EC fully participated in
the Panel's public hearings, with substantive written submissions and
well-received oral presentations at all major sessions.
The Department
was the leading advocate of improvements to environmental monitoring programs,
proper disposal of tailings and waste rock, enhanced protection of lakes
and groundwaters, and the integrated study of atmospheric and terrestrial
ecosystems. Our success is attributed to prior and ongoing published research
on radionuclides in fish and wildlife, as coupled with technical excellence
and team work within a well-conceived management plan. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
HARMONIZATION
A Success Story
In September
1994, Louisiana Pacific Canada (LPC) and the province of Manitoba signed
a ten-year forest management plan enabling LPC to harvest hardwood in
the Swan River area of Manitoba. The agreement was subject to LPC acquiring
all required licences and permits, which normally involves public hearings
by Manitoba's Clean Environment Commission (CEC). This plan did not
trigger a CEAA. EC had some major biodiversity concerns, such as the lack
of baseline data for an ecosystem-based forest management system, lack
of protection of old growth forest and snags, harvesting activities during
the breeding and nesting seasons of migratory birds, and logging in riparian
zones etc.
EC decided
to take part in the CEC hearings under the provision of the Canada-Manitoba
Agreement for Environmental Assessment Harmonization. The initial LPC
response was not favorable to EC's concerns. Additional meetings
with LPC officials and Manitoba Environment staff, repeated written submissions
and a presentation at the CEC hearings by EC, were required to successfully
have most of EC's concerns addressed. This involved staff from the
operational level up to the Minister's office.
EC's
efforts were further rewarded, when in 1996 Repap (Tolko) Manitoba submitted
its application for a thirteen-year forest management plan. Undoubtedly
benefiting from LPC's experience, Tolko submitted an EIS and mitigative
measures which at the outset addressed most of EC's concerns. Consequently,
the EC resources required to review and provide comments to the Tolko
plan were less than half of that was expended for the LPC review process.
It is
anticipated that the EIS currently in preparation for the Pine Falls Paper
Company's ten-year forest management plan will largely address EC's
concerns. This example demonstrates that the benefits of EC's involvement
in environmental assessment can be quite significant and cost effective
beyond the immediate results of a single project. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
PROJECTS / ACTIVITIES
The EA
Program has seen fluctuations in its activity since last year.
As an RA, the number of projects assessed dropped from 573 to 435.
The decrease in screenings showed most strongly in the number of assessments
for ocean dumping and wildlife permits. However, as an FA/Expert Department
we received requests for advice on 1392 projects, an increase
from last year's 1272.
FIGURE 1: RA ACTIVITY BY REGION
![FIGURE 1: RA ACTIVITY BY REGION: Pacific and Yukon 39%, Atlantic 20%, Quebec 10%, Ontario 11%, Prairie and Northern 20%.](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/fig1_e.gif)
Figure 1 represents the Regional RA activity. Pacific and
Yukon Region's screenings were entirely for regulatory approvals, mostly ocean
dumping permits. Prairie and Northern Region screenings centered on wildlife
permitting, with a few "proponent" triggered projects. Ontario Region
expended more of its efforts in screening "money" triggered projects,
with wildlife permits as their other strong area. Quebec Region screenings were
largely wildlife related, with some "money" triggered projects as
well. Atlantic Region screened largely ocean dumping permits, with wildlife
permitting and the "money" trigger covering most of those remaining.
Although Pacific and Yukon Region showed the greatest RA activity in the department,
Prairie and Northern was the most active Region as an expert department.
FIGURE 2: FA / EXPERT REFERRALS BY REGION
![FIGURE 2: FA / EXPERT REFERRALS BY REGION: Prairie and Northern 37%, Ontario 12%, Quebec 6%, Atlantic 12%, Pacific and Yukon 33%.](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/fig2_e.gif)
Figure 2 shows the distribution of referrals among the individual
Regions. The distribution was almost identical to last year's, although the
number of referrals increased by nearly 9.5 percent from last year.
FIGURE 3: FA / EXPERT ACTIVITY BY REFERRING GROUP
![FIGURE 3: FA / EXPERT ACTIVITY BY REFERRING GROUP: Prov. and Terr. 17%, INAC 15%, River and Est. Mgt. 12%, WED 12%, CCG (F and O) 11%, Other 11%, CCG-NWPA 6%, F and O 6%, NEB 3%, Reg. Muni. 2%, all at 1% are PWGSC, Transport, EC, Heritage, CEAA.](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/fig3_e.gif)
Figure 3 describes the distribution of FA/Expert Activity by referring group. Pacific and Yukon reported a large number
of River and Estuary Management activities and Coast Guard NWPA requests,
giving it a strong increase in the number of projects assessed. Prairie
and Northern Region's strongest advisory activity was with Indian
Affairs and Northern Development and Western Economic Diversity and was
very active in the NWT with regard to territorial water license activities
and oil/mineral exploratory work. Atlantic Region was most active in providing
advice to its biggest customer, the provinces. Quebec and Ontario Regions
gave much of their attention to their respective province and to Fisheries
and Oceans (Coast Guard or habitat) requests.
A wealth
of "Other" referring agencies comprised 11% of referrals and
are not represented in the pie charts. These include several federal departments
(eg. Agriculture and Agrifoods, Defense, Natural Resources, HDRC, Industry),
agencies (eg. Canadian Port Authorities), and aboriginal government bodies
(eg. Nunavut Impact Review Board) as well as private proponents. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
POLICY ASSESSMENT
The Privy
Council Office (PCO) put emphasis on th emandatory inclusion of an environmental
considerations section in all Memoranda to Cabinet (MCs) when necessary.
If it is felt that no environmental considerations section should be in
the MC a justification will have to be provided if aksed. The Auditor
General has highlighted this activity as one needing greater attention
within the department. Our "policy" team at HQ undertook to
do a Strategic Environmental Assessment, to validate and refine the interdepartmental
guide.
Environmental Assessment Science Committee (EASC)
The EASC
was established to assist in providing new science knowledge to environmental
assessment practitioners. The EASC also serves as a forum for the identification
of science gaps relative to environmental assessment and as a mechanism
to promote the investigation of those gaps. The EASC is comprised of practitioners
from each region. Each EC Research Institute is represented as well as
the Science Office and each of the EC services. The committee met several
times during 1997 and has identified several science gaps in need of further
investigation.
Chile-Canada Cooperation
A delegation
from Chile visited British Columbia for two weeks as part of a cooperative
agreement between Canada and Chile to exchange information on environmental
concerns relating to mining and mine closures. The Chileans are developing
legislation for the mining industry and were interested in learning how
Canada's regulations are implemented. The delegation attended a reclamation
symposium in Cranbrook then travelled through Trail, Penticton, Kamloops
and Vancouver to visit local mine sites and attend meetings with federal
and provincial representatives. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
EA TOOLS
National Environmental Assessment System
![NATIONAL ENVIRONMENTAL ASSESSMENT SYSTEM:
The National Environmental Assessment System (NEAS) is an electronic tool which has been developed over the past year by the Environmental Assessment Branch (EAB) National Progrmas Directorate, under the direction of a National Working Group made up of representatives from each Region. The National Working Group met in Quebec City in June 1997 to discuss the prototype and agree on user requirements.
The NEAS went 'On line' April 1, 1998 and assists the EA practitioners in preparing basic environmental assessments of projects for which the Department is a Responsible Authority under the Canadian Environmental Assessment Act (CEAA). Pursuant to section 18 of CEAA, the responsible authorities of projects must prepare an assessment report for each project. NEAS is a cost-effective tool that allows the users to enter all information needed in the report as well as providing basic training on the requirements of CEAA.
Eight training sessions were presented across the country during the fall of 1997. Training is still ongoing on an 'as required' basis.](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/pic_neas_e.gif)
Infolane - Green Lane
It remains
a priority within the EA program to consolidate program-specific information
and disseminate it conveniently to all program personnel over the department's
Infolane server. To deliver on this objective, the program must adopt
an efficient and effective internal process to improve communications,
collaboration and the management of knowledge. A well designed and functional
Intranet will help us achieve this process, and in effect help in delivering
on our overall Business Plan objectives.
EC is
a decentralized, knowledge-based, technologically advance department,
and the need for internal communications has never been more apparent
than in this era of budget restraints and down-sizing. Intranet technologies
are developing at a rapid pace and now offer the dynamic transactions
required for legacy, knowledge and procedural applications on a department-wide
basis. Our Intranet at EC is a tool to organize, disseminate and communicate
information that employees need to do their jobs more effectively. The
Intranet is consistent with industry standard Internet protocols, is cross
platform and can run on any operating system using common interfaces.
The benefits
and structural features of Intranets indicate to us that it is important
for us to maintain our involvement in the Infolane initiative, and ensure
that vital EA information is updated and made available to program personnel
across the country. In similar fashion, it is intended to replicate sections
of this information base, and make it available to the Canadian public
over the department's Green Lane.
Close-Up on EA
![CLOSE-UP on Environmental Assessment in Environment Canada](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/pic_closeup_e.gif)
This
newsletter had its debut issue in September 1997. It highlights EA "news"
items, both the serious and anecdotal, important and perhaps under-advertised
items that are of interest to EA program practitioners and their colleagues
within the science arm of the department. New and back issues can be accessed
at our EA Intranet site.
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GUIDANCE MATERIALS
Guide pour l'évaluation
des impacts sur les oiseaux
The distribution of the Guide pour l'évaluation des impacts
sur les oiseaux in May 1997 to federal and provincial departments and
to Quebec consultants who conduct impact assessments led to a first in Quebec:
no fewer than seven proponents agreed to conduct bird inventories as part of
their impact assessments, which provided a sound scientific basis for evaluating
the significance of the environmental impacts of the projects on breeding birds.
In some cases, the analysis resulted in changes to projects to prevent the destruction
of habitat used by species at risk. The importance of conducting bird inventories
within the framework of impact studies was raised by EC experts testifying before
the environmental panel established by Quebec's Bureau d'audiences publiques
sur l'environnement (BAPE) to review the Highway 50 proposal. In its report,
BAPE adopted the position presented by EC, another first in Quebec.
The Guide pour l'évaluation des impacts sur les oiseaux
fills a void by providing proponents and consultants with a more uniform scientific
approach for assessing environmental impacts on this resource.
Cumulative Environmental Assessment (CEA) Guide
Don Stalker
of EAB served on the working group that developed the draft Cumulative
Environmental Assessment Practitioners Guide that was released for public
review and consultation in January 1998. Practitioners from EC regional
offices and HQ participated in a series of workshops held across the country
in February and March 1998. The Guide is designed as a "how to"
guide for practitioners who must carry out a CEA under CEAA. It is intended
to be complimented by a policy document describing when CEA is required.
The Guide will be finalized early in the new fiscal year. ![Top of page](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/_images/borders/up_arrow.gif)
TRAINING
IAIA 97 - New Orleans
The International Association for Impact Assessment (IAIA) met in New Orleans
for its 17th Annual Meeting entitled "Methods, Tools and Techniques of
Assessing the Effects of Development". The major theme was "Reflections
on Water, Learning from History and Assessing the Future". The conference
was preceded by both the francophone sessions, Deuxième Colloque
International des spécialistes francophones en évaluation d'impacts,
and workshops. The francophone sessions were attended by France, African countries,
Quebec universities and government, CEAA, and EC. The EC's presentation of its
EA Screening System at a workshop was well received. EC's Paula Caldwell, Doug
Tilden and Claire Michaud made presentations at the workshop or conference sessions.
Room Canada, sponsored by the Ontario Association for Impact Assessment (OAIA),
l'Association québecoise pour l'évaluation d'impacts
(AQEI) and Industry Canada, was a great success, showcasing Canadian companies
and "Team Canada" governmental agencies and departments. Theme breakfasts
sponsored by Canadian Environemtnal Assessment Agency, Industry Canada and EC
were networking successes. Next year's IAIA in Christchurch, New Zealand and
Montréal (francaphonie) promise even greater participation.
Practitioners Workshop November 1997
In order
to maintain effective communication throughout the EA Program, EA practitioners
met for a busy 3 days to deal with the issue of increasing quality and
level of service provided by program personnel EA practitioners and the
need for a national approach while recognizing regional differences.
The specific workshop objectives included:
- sharing of legal opinions and their implications for our program;
- discussions on cumulative effects and pipeline issues;
- establishment and better understanding of guidelines, the development of
specifics; and
- encouraging more collaboration on internal networking in the National Program.
Specific follow-up is anticipated at the next Workshop scheduled for Québec
City in October, 1998.
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AUDITOR GENERAL
EC's Relative Performance
In a candid debriefing of our EA performance, officials of the Auditor General's
Office said that EC's performance was assessed as being average
- in effect, putting it in the middle of the pack in comparison to all
other departments audited. This ranking may be a function of the fact
that the audit did not focus on expert advice, but rather on RA performance.
It was
recommended that project specific guidance be developed for those projects
in which EC is most involved (e.g. Ocean disposal, Wildlife permitting).
The claim of all federal departments that they consider cumulative effects,
and do follow-up and monitoring was not substantiated. EC's consultations
with other science departments needs improvement, averaging input from
only one other department per project.
A number of ways in which to improve environmental assessments include:
- a broader more consistent view of projects and potential impacts to be assessed;
- better information in screening reports and in the Federal Environmental
Assessment Index and improved public access to this information;
- better use of efficiency tools such as class screenings;
- more thorough monitoring of mitigation measures and follow-up on results;
and
- increased attention to the environmental assessment of policies and programs.
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LOOKING TO THE FUTURE
In
the coming year, our challenges will continue to be related to increased resource
pressures throughout the Federal Government. While the number of assessments
for which Environment Canada provides specialist advice continues to grow, and
as the department realizes more work as a responsible authority, our resources
do not increase. We need to work smarter and to continue to develop improved
working relationships with provinces, territories, other federal government
departments and the Canadian Environmental Assessment Agency.
![UPCOMING LEGAL ISSUES:
Some issues being addressed by our Program include scoping and project splitting. These will be clarified by application of the principles deriving from two decisions expected shortly, more precisely in Friends of the West Country As Claude Saint-Charles soc. vs. Canadian Coast Guard and Minister of Fisheries and Oceans ('Sunpine') and in Citizens Mining Council of Newfoundland and Labrador vs. Ministers of the Environment, Public Works and Fisheries and Oceans ('Voisey's Bay'). In addition, our Program will look at the matter of adequate consultation based on the Union of Nova Scotia Indians et al. case. Futhrer, the issues of aboriginal title and rights that were addressed in Delgamuukw vs. British Columbia ('Delgamuukw') will have an impact on EA procedural and consultation processes. Finally, the Program will examine the proper application of the EA Process as discussed in Canadian Parks and Wilderness Society vs. Superintendent of Banff National Park et al. ('Sunshine Village') as well as the adequacy of joint public reviews as dealt with in Rocky Mountain Ecosystem Coalition vs. Ministers of Environment, Trasport, DFO et al. ('Express Pipeline') and in Alberta Wilderness Association et al. vs. Minister of Fisheries and Oceans and Cardinal River Coals Ltd ('Cheviot Mine').](/web/20061211084409im_/http://www.ec.gc.ca/ea-ee/communication/reports/images/rep_1997_1998/pic_legal_e.gif)
Our challenges
also include implementing a new cost recovery initiative, responding to
the Auditor General's Report that stressed the need for improvement
in areas of project scoping, cumulative effects assessment, project follow-up
and monitoring, and last but not least sensitizing our departmental colleagues
to the requirement to do Strategic Environmental Assessments.
Our goal
in 1998/99 is efficiency and effectiveness and our practitioner's
workshop in October will focus on national consistency. Environment Canada
is actively collaborating with the Agency and others to determine the
effectiveness of screenings, comprehensive studies and panels, and to
better understand departmental follow-up with respect to mitigation and
monitoring. We will develop departmental guidance in the areas of pipelines,
wildlife areas, and a manual for assisting EA practitioners in writing
and reviewing EA documents.
Several
legal challenges will reshape the way we do business. The clarification
provided through court decisions, the added operational experience and
our focus on ongoing improvements will allow us to assess effectively
the ever increasing number and complexity of projects
The National
Environmental Assessment Program as a result of historically excellent
and respected working relationships offers the venue to ensure all Federal
Departments act cooperatively and constructively for the protection of
the environment.
Rosaline Frith
Tim Hibbard
Peter Blackall
Mike Nassichuk
Bill Bien
Claude Saint-Charles
Ian Travers
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GLOSSARY
- Assessment by Review Panel
- - means an environmental assessment that is conducted
by a review panel established pursuant to section 33 and that includes a consideration
of the factors required to be considered under subsections 16(1) and (2).
-
Boundary
- - a limitation conferred by space, time, ecology. as well as political,
social or economic factors.
-
Class Assessment
- - standardized environmental assessment guidelines to
direct the required environmental assessment activities for a class of projects.
-
Compensation Measures
- - payment in funds or replacement in-kind for losses attributed
to a development; funds being used to re-create lost habitat (for example,
artificial spawning beds) or other valued resources.
-
Cumulative Impacts
- - the combined effects of components of a development or a series of developments
and other activities occurring either simultaneously or sequentially, or in
an interactive manner.
-
Ecosystem
- - a community of interdependent plants and animals together with the environment
which they inhabit and with which they interact.
-
Environmental effect
- - means, in respect of a project, any change that the project may cause
in the environment, including any effect of any such change on health and
socio-economic conditions, on physical and cultural heritage, on the current
use of lands and resources for traditional purposes by aboriginal person,
or on any structure, site or thing that is of historical, archeological, paleontological
or architectural significance, and any change to the project that may be caused
by the environment, whether any such change occurs within or outside Canada.
-
Environmental Impact Assessment
- - an activity designed to identify, predict, interpret, and communicate
information about the impact of an action, on human health and well-being,
including the well-being of ecosystems on which human survival depends.
Environmental Impact Statement
- - a documented assessment of the environmental consequences and recommended
mitigation actions of any proposal expected to have significant environmental
consequences, that is prepared or procured by the proponent in accordance
with the directives written by an environmental assessment panel.
Issue
- - an unresolved question or concern about an environmental impact, consequence
or effect.
-
Mitigation
- - an activity aimed at reducing the severity, avoiding
or controlling environmental or social impacts of a proposal, through design
alternatives, scheduling, and other measures.
-
Monitoring
- - data collection and evaluation of environmental parameters
or processes.
-
Panel
- - a multi-disciplinary group, usually of 3-6 individuals,
appointed on the basis of expertise and objectivity, to evaluate, through
public hearings and study, the potential environmental impact of a proposal
referred to the Minister of the Environment for review.
-
Prevalence
- - the number of incidences or locations of a type of impact
that may occur in a given area.
-
Proponent
- - the organization, company, or the department planning to undertake a
proposal.
-
Supervision
- - a continuous overseeing of a project by qualified staff hired by the
proponent during the project implementation to see that a project is built
according to environmental specifications.
-
Responsible Authority
- - in relation to a project, means a federal authority
that is required pursuant to subsection 11(1) to ensure that an environmental
assessment of the project is conducted.
-
Scoping
- - a process by which the important issues and alternatives that should
be examined in environmental impact assessment are determined.
Surveillance
- - field inspections undertaken or sponsored by a government
agency to ensure that a company and its contractors are complying with the
environmental terms and conditions applied to a project, and to provide timely
reaction to unexpected developments or unforeseen design charges with environmental
implications.
- determining the efficiency of environmental protection measures, including
the reporting on the adequacy of project impact prediction methods and
mitigation measures;
- developing capability for future projects;
- improving on project management and planning and related programs to
better protect the environment.
-
- Screening
- - means an environmental assessment that is conducted pursuant to section
18 and that includes a consideration of the factors set in subsection 16(1).
-
Screening Report
- - means a report that summarizes the results of a screening.
-
Valued Ecosystem Components
- - the environmental attributes or components identified as a result of a
social scoping exercise as having scientific, social, cultural, economic or
aesthetic value.
-
Significant Issue
- - an issue for which there is a high probability that
one or more impacts connected with that issue will exceed a threshold of concern
such that a public review by Panel is required to address the issue.
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ABBREVIATIONS
Abbreviations
Abbreviation |
Full Term |
AES |
Atmospheric Environment Service |
BCEAA |
British Columbia Environmental Assessment Act |
CEAA |
Canadian Environmental Assessment Act |
CEAA |
Canadian Environmental Assessment Agency |
CEPA |
Canadian Environmental Protection Act |
EA |
Environmental Assessment |
EAB |
Environmental Assessment Branch |
EACC |
Environmental Assessment Coordinating Committee |
EARP |
Environmental Assessment and Review Process |
EC |
Environment Canada |
ECS |
Environmental Conservation Service |
EIA |
Environmental Impact Assessment |
EMS |
Environmental Management System |
EPS |
Environmental Protection Service |
FA |
Federal Authority |
INAC |
Indian and Northern Affairs Canada |
IRIA |
International Rivers Improvement Act |
MC |
Memorandum to Cabinet |
NEB |
National Energy Board |
RA |
Responsible Authority |
|