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Operational Policy Statement
August 2000 - OPS - EPO/5 - 2000 Preparing Project Descriptions under the
This Operational Policy Statement by the Canadian Environmental Assessment Agency (the Agency) is intended to provide guidance for proponents and federal authorities in preparing descriptions for projects1 that may require assessment under the Canadian Environmental Assessment Act (the Act). The need for guidance arises from concerns that, in the past, incomplete or unclear project descriptions have led to delays in response by federal authorities and to lack of coordination among various federal and provincial authorities. Effective project descriptions bring greater efficiency and predictability to the federal environmental assessment process by clarifying early on whether a federal assessment is required, identifying which federal authorities are involved and reducing the likelihood of costly delays as federal authorities seek further information from the proponent. The information requested in this policy is only intended to determine whether the projects require assessment under the Act. The guidance provided here supplements the more general guidance for proponents and federal authorities found in the Reference Guide on the Federal Coordination Regulations.
A project description has two important functions in the federal environmental assessment (EA) process. 2.1 To Determine Need for an Environmental Assessment Under the Act, an environmental assessment is required when a federal authority has certain decision-making responsibilities for a proposed project. The Act is triggered when a federal authority: A clear, thorough project description, as early as possible in the project's planning phase, will assist a federal authority in determining whether it has a decision-making responsibility that triggers the need for an assessment of the project. A complete project description also reduces the likelihood that a federal authority will require further information from the proponent before making this determination. 2.2 To Promote Efficient Coordination of the Environmental Assessment Frequently, more than one federal authority will be involved in an environmental assessment, either in a decision-making role or as an expert department. The Federal Coordination Regulations2 were introduced in 1997 to improve efficiency and timeliness in the federal environmental assessment process. Under the regulations, the federal authority receiving the project description uses the information to determine whether it is likely to require an environmental assessment of the project under the Act and, if so, which other federal authorities may also have a responsibility or interest and need to be notified under the Regulations. Early identification and notification of other appropriate federal authorities will help ensure that the process is efficiently coordinated among various federal authorities, and that the proponent is informed of the federal EA requirements in a timely manner. Proponents should be aware that information requirements may vary from region to region due to specific provincial requirements or harmonization agreements for environmental assessment. Therefore, proponents should contact the nearest regional office of the Agency early to assist them in identifying responsible authorities and other jurisdictions they may have to contact for project-specific information.
The level of detail provided in a project description should be appropriate to the scale and complexity of the project and to the sensitivity of its location. Proponents are encouraged to contact potential responsible authorities (federal authorities with decision-making responsibilities under the Act) to identify any additional information requirements. Table 1 serves as a general guide for proponents and federal authorities. The level of detail will vary according to the nature of the project, with greater detail required for larger, complex projects, such as those undergoing a comprehensive study. A project description based on this Operation Policy Statement does not, however, preclude a federal authority from requesting additional clarification of the information from a proponent in order to determine if a federal authority has a decision-making responsibility for the project. Information disclosed through a project description to the federal government, including confidential information, is given the same protection under section 55 of the Act as under the Access to Information Act (ATIA). Information identified as being protected under the ATIA, and thus not for public consumption, is also protected under section 55 of the Act. This information would not be part of the Public Registry.
Proponents are encouraged to submit a project description once the essential details are known, with any gaps or uncertainties in relation to project details identified. The project description should be submitted to a federal authority likely to require an environmental assessment under the Act. Detailed guidance on identifying federal responsible authorities and applicable federal legislation and regulations is provided in Appendix 3 of the Reference Guide on the Federal Coordination Regulations. Should proponents be uncertain as to the federal authority most likely to be involved, they should contact the Agency which will assist them in identifying the appropriate authorities for submitting their project descriptions. For complex projects, the Agency will provide additional assistance to proponents, such as helping them navigate through the federal EA process. In these cases, proponents could submit their project description directly to the Agency which will then ensure that it goes to the appropriate authorities.
1 Undertakings in relation to a physical work under the Act, the proposed construction, operation, modification, decommissioning, abandonment or other undertaking in relation to that physical work; or certain activities listed in the Act's Inclusion List Regulations. 2 Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements, SOR/97-181. For more information on this Operational Policy Statement or on the requirements of the Act, please contact the Agency office nearest you.
Head Office
Ottawa, Ontario
Regional Offices
Pacific and Northern, Vancouver Alberta, Edmonton Prairie, Winnipeg Ontario, Toronto Quebec, Quebec Atlantic, Halifax Documents may also be orderd using the Publications Order Form. |
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