Frequently Asked Questions
- What does the Canadian Environmental Assessment Agency do?
- What is environmental assessment?
- When does the Canadian Environmental Assessment Act apply?
- Who conducts the different types of federal environmental assessment?
- What is the process for conducting an environmental assessment?
- How can I get involved in the environmental assessment of a project?
- Where can I find guidance on the application of the Act?
- In what cases might federal and provincial / territorial governments work together to conduct environmental assessments?
- What are some of the key terms in the environmental assessment process and what do they mean?
- How can I contact the Agency for more information?
- What are some of the milestones in the history of federal environmental assessment?
Q1. What does the Canadian Environmental Assessment Agency do?
A1. The Agency provides leadership and serves as a centre of expertise for federal environmental assessment. It is responsible for the overall administration of the federal environmental assessment process.
The Agency:
Q2. What is environmental assessment?
A2. In general, environmental assessment is a process to predict the environmental effects of proposed initiatives before they are carried out.
An environmental assessment:
- identifies possible environmental effects
- proposes measures to mitigate adverse effects
- predicts whether there will be significant adverse environmental effects, even after the mitigation is implemented
Other environmental studies are often confused with environmental assessment.
Environmental assessments are not...
Environmental site assessments that are used to identify the nature and extent of contaminants on a specific site.
Environmental audits that are used to evaluate the environmental management and regulatory compliance of a specific operation.
For more detailed information, visit the Environmental Assessments section.
Q3. When does the Canadian Environmental Assessment Act apply?
A3. There are four questions to answer when determining whether an environmental assessment is required under the Act.
Figure 1 - Determining if the Act Applies
What is a project?
A project can be either:
Can a project be excluded?
A project may be exempted from an environmental assessment if it:
- is described on the Exclusion List Regulations as a project likely to have insignificant environmental effects
- is to be carried out in response to a national emergency for which temporary special measures are being taken under the Emergencies Act
- is to be carried out in response to an emergency and the project is in the interest of preventing damage to property or the environment or is in the interest of public health or safety
What is a federal authority?
In the context of the Act, the term federal authority refers to a federal body (e.g., a department or agency) that may have expertise or a mandate relevant to a proposed project.
Ministers, departments, departmental corporations and agencies of the Government of Canada are federal authorities. Other bodies created by statute and accountable through a minister to Parliament can also be prescribed as a federal authority.
What is a trigger?
The federal environmental assessment process is applied whenever a federal authority has a specified decision-making responsibility in relation to a project, also known as a “trigger” for an environmental assessment.
Specifically, it is when a federal authority:
- proposes a project
- provides financial assistance to a proponent to enable a project to be carried out
- sells, leases, or otherwise transfers control or administration of federal land to enable a project to be carried out
- provides a license, permit or an approval that is listed in the Law List Regulations that enables a project to be carried out
Are there any other reasons for carrying out an environmental assessment?
If a project does not involve any of the “triggers” to the Act, an environmental assessment under the Act may still be possible.
If the Minister of the Environment receives a petition from individuals or interested parties requesting a project to be referred to a mediator or review panel and the Minister believes the project has the potential to cause significant adverse environmental effects across boundaries between non-federal and federal lands, or across provincial or international boundaries, then the Minister has the discretion to require an assessment of the transboundary effects in some circumstances.
Q4. Who conducts the different types of federal environmental assessment?
A4. There are four types of environmental assessments:
These four types fall under two categories: self-directed assessments and independent assessments. The four types of environmental assessment are not mutually exclusive, as some projects may undergo more than one type of environmental assessment.
The majority of projects subject to a federal environmental assessment (approximately 99 per cent) requiring an environmental assessment will undergo either a screening or a comprehensive study. These types of environmental assessment fall under the "self-directed" category given that the responsible authority is required to ensure that the assessment is carried out in compliance with the Act.
The other two types, mediation and assessment by a review panel, fall under the independent assessment category. They are "independent" because mediators and panels are appointed by the Minister of the Environment to conduct an assessment independent of government.
The Canadian Environmental Assessment Agency does not conduct the assessments. It provides support such as training and guidance, funding for public participation and recommendations during the environmental assessment process. More details on the role of the Agency can be found in About the Agency.
Q5. What is the process for conducting an environmental assessment?
A5. In broad terms, there are four key steps to environmental assessment:
- Describe the project in detail.
- Evaluate the negative environmental effects.
- Determine ways to eliminate or reduce the negative effects on the environment.
- Find the best solution possible for the Canadian public, the environment and industry.
The specific steps in the process can vary depending upon the scope of the project, the anticipated level of the impact on the environment and several of other factors.
Q6. How can I get involved in the environmental assessment of a project?
A6. The Agency encourages public participation in the environmental assessment process. You may wish to provide comments on a report or participate at public consultation meetings. The Public Participation section directs you to current opportunities for involvement, as well as ways to get involved.
Q7. Where can I find guidance on the application of the Act?
A7. The Canadian Environmental Assessment Agency has several resources for environmental assessment professionals to help guide you through the federal environmental assessment process. These resources will help to ensure that you do effective and timely assessments, while meeting the requirements of the Canadian Environmental Assessment Act.
Q8. In what cases might federal and provincial / territorial governments work together to conduct environmental assessments?
A8. The Canadian Environmental Assessment Act requires that the federal environmental assessment process be applied when a federal authority is involved in a project. In some cases, both federal and provincial or territorial processes apply.
Given the potential for overlapping environmental assessments, the Act allows the Minister of the Environment to enter into agreements with provincial and territorial governments relating to the environmental assessments of projects where both governments have an interest.
These agreements provide guidelines for the roles and responsibilities of each government in the assessment of such projects.
Q9. What are some of the key terms in the environmental assessment process and what do they mean?
A9. Below are some terms and concepts commonly used in reference to environmental assessment.
A federal authority is:
- a federal Minister of the Crown
- an agency or other body of the federal government ultimately accountable to Parliament through a federal Minister of the Crown
- any federal department or departmental corporation set out in Schedule I or II to the Financial Administration Act
- any other body prescribed in the Federal Authorities Regulations
Federal authorities might have the duty to offer their expertise to any federal environmental assessment, the implementation of mitigation measures and any follow-up program.
A Federal Environmental Assessment Coordinator is the responsible authority or the Agency having the mandate under the Act to coordinate the participation, in screenings and comprehensive studies, of federal authorities among themselves, and with any other jurisdictions.
A project, as defined in the Act, is:
- in relation to a physical work, any proposed construction, operation, modification, decommissioning, abandonment or other undertaking in relation to that physical work
- any proposed physical activity not relating to a physical work that is designated as a project in the Inclusion List Regulation
Proponent. A person or organization that proposes to undertake a project as defined under the Act.
Responsible Authority. A federal authority whose actions or powers trigger the environmental assessment of a particular project. The responsible authority must ensure that an environmental assessment of the project is conducted as early as possible in the planning stages of the project and before irrevocable decisions are made.
Significance. The major outcome of an EA is to determine whether or not a project is likely to cause significant adverse environmental effects. The significance of the environmental effects is determined by a combination of scientific data, regulated thresholds, standards, social values and professional judgment. It must be determined in a transparent, systematic and supportable fashion.
Strategic Environmental Assessment. The systematic and comprehensive process of evaluating the environmental effects of a policy, plan or program and its alternatives.
Sustainable Development. Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Trigger. The exercise, by a federal authority, of a power, duty or function that will enable a project to be carried out, thus triggering the obligation for that authority to ensure an environmental assessment be conducted under the Act. For any federal authority, there are four triggers in the Act:
- being the proponent of a project
- providing financial assistance to the project
- providing an interest in land for the purpose of enabling the project to be carried out
- issuing an authorization, listed in the Law List Regulations, for the purpose of enabling the project to be carried out
Q10. How can I contact the Agency for more information?
A10. Please see the Contact Us section for ways to reach us. We also have regional offices throughout the country, serving Canada’s diverse communities and environmental needs. For the address of a regional office, click the appropriate link in the list below.
Q11. What are some of the milestones in the history of federal environmental assessment?
Natural resources development
- Large-scale development of natural resources began to open up Canada’s hinterlands after World War II.
- Little consideration was given to broad environmental consequences of mega-projects.
- Environmental effects, including the destruction of wildlife habitat, air and water pollution, and the contamination of fish, were starting to be realized.
- At most, attention was focused on after-thought solutions rather than prevention.
Early origins of environmental assessment
- Growing public interest in environmental issues during the late 1960s
- US National Environmental Policy Act (1969)
- UN Stockholm Conference on Human Settlements (1972)
- Canadian position identified study of environmental effects of projects as a high priority
- Justice Thomas Berger Mackenzie Valley Pipeline Inquiry (1974-1977)
Cabinet Policy
- Cabinet made a policy commitment to review the environmental effects of federal decisions (1973).
- Development projects were screened “to ensure that they do the least possible damage to our natural environment”.
- Applied to federal lands and other areas of exclusive federal jurisdiction:
- e.g. nuclear power projects
- Environmental assessment became based on the principle of self-assessment:
- departments develop and apply their own screening procedures
- Where appropriate, arrangements were made for public meetings and comment on issues.
- Projects with significant effects forwarded to Environment Canada for review by assessment panel. Members were drawn from officials in Environment Canada and the initiating department.
- 1977 Cabinet decision expands panel membership to persons outside government, Crown corporations and regulatory agencies “invited” to participate in the process.
Examples of early review panels
- Point Lepreau Nuclear Power Station (1975)
- Eastern Arctic Offshore Drilling (1978):
- demonstrated importance of Aboriginal traditional knowledge
- Arctic Pilot Project – Southern Terminals (1980):
- first joint federal-provincial review
EARPGO
- Environmental Assessment and Review Process Guidelines Order (EARPGO - 1984)
- Order-in-Council under Government Organization Act
- Codifies largely unwritten and vague process arising out of 1974 Cabinet Policy
- Formally assigns Federal Environmental Assessment Review Office (FEARO) as responsible for administration of process
- Initially interpreted as non-binding
Toward a legislated process
- Provinces began to legislate their own processes during the 1970s and 1980s.
- Macdonald Commission recommended statutory basis for EARPGO (1985).
- Brundtland Commission (1987)
- Reforming Federal Environmental Assessment: A Discussion Paper was released for public consultation (1987).
- Public concern about the environment reemerges during the late 1980s.
Key court decisions
- Rafferty-Alameda dam (1989)
- Federal Court of Appeal ruled EARPGO to be a law of general application
- Oldman River dam (1992):
- Supreme Court ruled that EARPGO applies where federal department has “affirmative regulatory duty”.
- Shared responsibility over the environment
- National Energy Board (1994):
- Supreme Court takes broad view of federal capacity to assess full scope of project.
Canadian Environmental Assessment Act
- Originally introduced as Bill C-78 in 1990
- Bill C-13 received royal assent in June 1992
- Amendments in Bill C-56 passed in December 1994
- Canadian Environmental Assessment Act brought into force in January 1995
Regulatory Advisory Committee
- Instrumental in advising Minister on development of regulations
- Established in 1991
- Membership includes:
- federal departments
- provincial departments
- environmental groups
- industry representatives
- Aboriginal groups
Environmental Assessment Harmonization
- Canadian Council of Ministers of the Environment - with the exception of Quebec - signed an accord in 1998, designed to lead to improved cooperation and better environmental protection across Canada and a sub-agreement on environmental assessment.
- Harmonization agreements have been signed with Manitoba, Saskatchewan, Alberta and British Columbia.
Renewing the Canadian Environmental Assessment Act
- In 1999, the Minister of the Environment launched a review of the provisions and operations of the Canadian Environmental Assessment Act. The Minister published a discussion paper, as well as a several background studies.
- In 2001, Bill C-19 was introduced in Parliament to amend the Canadian Environmental Assessment Act. (At the same time, the Minister also submitted his report on the review of the Act).
- Bill C-9 received royal assent in June 2003. Amendments to the Canadian Environmental Assessment Act took effect on October 30, 2003. Environment Minister David Anderson welcomed the announcement in a national news release.
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