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Introduction and Features: Canadian Environmental Assessment Act
To learn about the Act and its features, see the following questions and answers. For the legal text, read the Canadian Environmental Assessment Act. For more general information, see the Basics of Environmental Assessment.
When did the legislation come into force?
In June 1992, after nation-wide consultations and comprehensive parliamentary review, Bill C-13, the Canadian Environmental Assessment Act received royal assent. The Act, which provides a legal basis for federal environmental assessment, came into force on January 19, 1995.
Following extensive cross-Canada public consultations, the Minister of the Environment tabled a report to introduce amendments to the Act in March 2001 to strengthen the process. Bill C-9, an act to amend the Canadian Environmental Assessment Act, received royal assent on June 11, 2003 and came into force on October 30, 2003.
For more information about the changes, see What’s New in the Act.
What are the objectives of the Act?
The Act:
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ensures that the environmental effects of projects are carefully reviewed before federal authorities take action in connection with them so that projects do not cause significant adverse environmental effects
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encourages federal authorities to take actions that promote sustainable development
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promotes cooperation and coordinated action between federal and provincial governments on environmental assessments
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promotes communication and coordination between federal authorities and Aboriginal peoples
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ensures that development in Canada or on federal lands does not cause significant adverse environmental effects in areas surrounding the project
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ensures that there is an opportunity for public participation in the environmental assessment process
What are some of the principles of the Act?
- Sustainable development is established as a fundamental objective of the federal environmental assessment process.
- In administering the Act, federal authorities are obligated to exercise their powers in a manner that protects the environment and human health, and applies the precautionary principle.
- The Act is based on the principle of self-assessment – the federal body, known as the responsible authority, that has a decision to make about a proposed project is also responsible for ensuring an environmental assessment occurs. The results of the assessment must be considered before final decisions are taken.
- The Act recognizes the importance of cooperation with other jurisdictions that also may have legal responsibilities to conduct an assessment of the same project.
How does the Act work and what are some of its features?
- The Act applies to projects where the Government of Canada has decision-making authority – whether as a proponent, land manager, source of funding or regulator.
- All projects receive an appropriate degree of environmental assessment. The degree depends largely on the scale and complexity of the likely effects of the project. Consequently, there are four types of environmental assessments: screening (including class screenings), comprehensive study, mediation, and assessments by a review panel.
- Through a screening, a responsible authority documents the environmental effects of a proposed project and determines ways to eliminate or minimize (mitigate) harmful effects through modifications to the project plan.
- Projects with known effects that can be easily mitigated may be assessed through a class screening. There are two types of class screenings: models used to streamline a screening; or replacement class screenings that are used instead of a project-specific assessment.
- Large-scale and environmentally sensitive projects usually undergo a more intensive assessment called a comprehensive study, which includes mandatory opportunities for public participation. The Comprehensive Study List Regulations identify projects in this category.
- The Act establishes the role of a Federal Environmental Assessment Coordinator for every screening and comprehensive study to assist federal departments and agencies in working together and also with other jurisdictions. In carrying out its duties, the Coordinator may establish a federal project committee, set time lines, and determine the timing of public participation activities.
- Mediation is a process in which the Minister of the Environment appoints an impartial mediator to assess a project and help interested parties resolve issues. This approach may be used when interested parties agree, are few in number, and consensus appears possible.
- Assessments by a review panel appointed by the Minister of the Environment may be required when the environmental effects of a proposed project are uncertain or likely to be significant or when warranted by public concerns. Review panels offer individuals and groups, with different points of view, a chance to present information and express concerns.
- Projects undergoing a comprehensive study, a mediation or review panel, must include a consideration of alternative means of carrying out the project, as well as the project's purpose and effects on the sustainability of renewable resources.
- Follow-up programs are mandatory for projects after a comprehensive study, mediation or review panel. For screenings, the responsible authority must determine if a follow-up program is appropriate under the circumstances.
- The Canadian Environmental Assessment Registry ensures convenient public access to records relating to the environmental assessment of a project. The Registry has two components:
- a government-wide Internet site of project information, including a notice of commencement of an environmental assessment; and
- a publicly accessible project file for each assessment which contains all records, reports and public comments.
- Participant funding is available to assist individuals and organizations in participating effectively in comprehensive studies, mediations and review panels.
How does the Act support public involvement?
There are many ways to get involved in federal environmental assessment, through the Canadian Environmental Assessment Act.
You can:
- Visit the Canadian Environmental Assessment Registry for information about projects taking place in your area. Information about projects starting before November 2003 are available on the Federal Environmental Assessment Index.
- Take advantage of opportunities to participate in screenings, including reviewing and commenting on screening reports before a final decision is made on the project.
- Examine and comment on a class screening report before the Canadian Environmental Assessment Agency declares it as appropriate means to assess similar projects.
- Review and submit comments during the comprehensive study process. The Minister of the Environment takes public comments into account before determining the future of a project.
- Participate in any public meetings or hearings associated with a review panel.
- Apply for funding to assist your participation or that of your organization in comprehensive studies, mediations and review panels through the Agency’s Participant Funding Program.
What is the role of the Minister of the Environment?
The Minister of the Environment plays a pivotal role in implementing the federal environmental assessment process. The Minister’s key responsibilities include:
- at any stage of a screening, may require, under certain circumstances and in consultation with a federal authority, a review by a mediator or a panel
- decides early on in a comprehensive study whether the project should be referred to a mediator or review panel
- may require further information or action to address public concerns following a comprehensive study
- issues an environmental assessment decision statement following a comprehensive study which may include requirements for mitigation measures or a follow-up program
- appoints the mediator or panel members and, in consultation with the federal authority responsible for the project, establishes its terms of reference
- may appoint a mediator or review panel where a project may cause significant adverse environmental effects that cross onto federal lands or occur across provincial boundaries or international borders
What is the role of the Canadian Environmental Assessment Agency?
The Canadian Environmental Assessment Agency, accountable to Parliament through the Minister of the Environment, administers the federal environmental assessment process. Among its key responsibilities, the Agency:
- is the Federal Environmental Assessment Coordinator for screenings that are also subject to the assessment process of another jurisdiction and for all comprehensive studies
- has a duty to promote, monitor and facilitate compliance with the Act and its regulations
- advocates high-quality environmental assessments through leadership, training and research
- is responsible for the Quality Assurance Program for assessments conducted under the Act and its regulations
- may intervene to assist parties in building consensus and resolving disputes
- provides advice to the Minister of the Environment in the exercise of the Minister’s responsibilities
What other tools support the federal environmental assessment process?
- Regulations help to put the Act’s procedures into effect and to clarify under what circumstances an environmental assessment is required.
- Bilateral harmonization agreements with provinces and project-specific arrangements, including the use of joint review panels, help to prevent duplication by ensuring a project is only subject to a single environmental assessment that meets the legal requirements of all jurisdictions involved.
- The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals sets out a separate process, distinct from the Act, for strategic environmental assessment.
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