A Reference Guide
for the
Canadian Environmental Assessment Act
The Federal Coordination Regulations

Prepared by
Barramax Policy Consulting

For
The Canadian Environmental Assessment Agency

July 1997

Final Draft

An invitation to Users of the Reference Guide on the Federal Coordination Regulations

The Canadian Environmental Assessment Agency views this guide as a working document. It will be updated in response to users' comments and needs as they gain experience with the Regulations. The Agency welcomes comments and suggestions from readers. These should be addressed to:

Regional Liaison & Guidance
Canadian Environmental Assessment Agency
22nd Floor, Place Bell
160 Elgin Street
Ottawa ON K1A 0H3

Tel: (613) 957-0700
Fax: (613) 957-0862

This reference guide is intended for information purposes only. It should not be perceived as a substitute for the Canadian Environmental Assessment Act, or the Federal Coordination Regulations. In the event of any inconsistency between this guide and the Act or Regulations, the latter would prevail. Individuals with specific legal questions are urged to seek legal advice.

© Minister of Public Works and Government Services, 1997

Cat. No. : En106-38/1997E

ISBN : 0-662-26011-2

Please Note: Some graphics may be missing from this document. Please contact Stéphane Parent  at (819-994-2578) or info@ceaa-acee.gc.ca if you would like a copy of them.

Table of Contents

Introduction

Part I: Guide for Proponents

• Sending Out a Project Description
• Being Informed of the Results of the Coordination Procedure

Part II: Guide for Federal Authorities

• Sections 1 and 2: Interpretation and Application
• Section 3: Determination (for cases where there is no indication that a project is subject to assessment by another jurisdiction)
  • Application of Section 3: Determination Requirements
  • Step A. Making the Determination
  • Step B. Informing the Appropriate Parties
• Section 4: Determination (for cases where a project is subject to assessment by another jurisdiction)
  • Application of Section 4: Determination Requirements
  • Step A. Making the Determination
  • Step B. Informing the Appropriate Parties
• Section 5: Notification
  • Application of Section 5: Notification Requirements
  • Step A. Deciding Whom to Notify
  • Step B. Consulting with the Federal Authorities Being Notified
  • Step C. Issuing the Notices
• Sections 6 and 7: Response Requirements
  • Application of Sections 6 and 7: Response Requirements
  • Step A. Making the Determination
  • Step B. Informing the Appropriate Parties
  • Step C. Checking for Prior EAs (Section 7)
• Section 8: Scope of the Environmental Assessment
  • Application of Section 8: Scope of the EA
  • Determining the Scope of the Project, the Factors, and the Scope of the Factors
  • Public Registry Responsibilities
• Sections 9 and 10: Decision of a Responsible Authority
  • Application of Section 9: Agreeing on a Schedule
  • Application of Section 10: Collecting Responses and Confirmations
• Section 11: Conflicting Time Limitations
  • Application of Section 11: Conflicting Time Limitations 1

List Of Figures - Flow Charts

Figure 1: Federal Coordination Regulations
Figure 2: Deciding Whether to Apply Section 3 or 4
Figure 3: Section 3: Determination and Section 5: Notification
Figure 4: Section 4: Determination and Section 5: Notification
Figure 5: Sections 6 and 7: Response Requirements

Appendices

1. List of Canadian Environmental Assessment Agency Regional Offices
2. "Does the Act Apply?" excerpt from The Responsible Authority's Guide
3. "Identifying Responsible Authorities for an Environmental Assessment", excerpt from Process Advice for the Participation of Federal Authorities in an Environmental Assessment
4. "Identifying Expert Federal Authorities", excerpt from Involving Expert Federal Authorities
5. Sample Letters
6. "Lead Responsible Authority", excerpt from Process Advice for the Participation of Federal Authorities in an Environmental Assessment