Operational Policy Statement
June 2000 - OPS - EPO/4 - 2000
Using the Class Screening Process under the Canadian Environmental Assessment Act
- INTRODUCTION
This Operational Policy Statement has been prepared by the Canadian
Environmental Assessment Agency (the Agency) to facilitate the effective
use of class screenings under the Canadian Environmental Assessment
Act (the Act).
The class screening is a planning process. Projects that are subject
to a screening under the Act, and that have common characteristics and
predictable and mitigable environmental effects, are subject to a screening
using a Model Class Screening Report. This is approved by the Agency
through a review process outlined in the Act.
Class screenings under the Act can be an important tool in the federal
environmental assessment (EA) process.
Key benefits of class screening include:
- improvements in the overall effectiveness of the EA process,
- savings in time and resources,
- streamlining project approvals, and
- demonstrating accountability.
More details on these key benefits are presented in Section 4. Class
screenings can bring a greater measure of predictability, consistency
and timeliness to the federal EA process.
Class screening has been used successfully in other jurisdictions for
a number of years to help streamline the EA and approval of projects
with common characteristics. This approach focuses scarce resources
on potential site-specific effects.
In the first few years after the Act came into force, use of class
screening at the federal level was slow to develop. Responsible authorities
(federal authorities with decision-making responsibilities under the
Act) needed time to become familiar with the range of their new EA obligations.
More recently, however, interest in class screenings has increased.
To date, two model class screening reports have been declared by the
Agency, and more than 15 others are being developed. The two approved
model class screening reports are: routine projects within the Town
of Banff (Parks Canada); and, the importation of certified European
honey bees into Canada (the Canadian Food Inspection Agency). Please
contact the Class Screening Coordinator for a current listing.
This Operational Policy Statement has been prepared to provide information
to responsible authorities and project proponents about:
- how the class screening process works under the Act,
- the benefits of undertaking class screenings and
- the Agency's role in supporting responsible authorities in the development,
review and application of model class screening reports.
- KEY TERMS
The Agency has developed the following definitions for the key components
of the class screening process.
Class of Projects: a group of projects with similar
or common characteristics in terms of type, geographical area, proponent,
time frames and/or environmental effects.
Model Class Screening Report: a screening report that
the Agency, at the request of a responsible authority, approves for
use as a model in conducting screenings of other projects within the
same class.
Class Screening Project Report: a screening report
for a proposed project that is within the class of projects covered
by the Model Class Screening Report. It provides additional location
or project-specific information to supplement the information provided
in the model report.
- HOW THE CLASS SCREENING PROCESS WORKS
The class screening process consists of the following components:
- development of the Model Class Screening Report by the responsible
authority,
- a review and approval phase managed by the Agency, and
- preparation of a Class Screening Project Report by the responsible
authority for a specific project proposal, using the model report.
Figure 1 summarizes the key steps in the class screening process.
3.1 Step 1: Development of the Model Class Screening Report
The Model Class Screening Report presents information common to the
screenings of all projects in the approved class. It should:
- define the class of projects to be covered and present a rationale
for the class and any sub-classes or divisions within the class (such
as sub-classes differing only by geographical area);
- set out the planning and decision-making process for the class of
projects, identifying the "triggers" pursuant to section
5 of the Act, the responsible authorities and expert departments likely
to be involved and federal coordination requirements, federal-provincial
harmonization considerations, and any relevant timelines in the planning
process;
- present a rationale for the scope of the project and the scope of
factors to be addressed in the screening of such projects; under section16(1)(e)
of the Act, the responsible authority also has discretion to consider
additional factors that may be relevant to the screening, such as
need for the project and alternatives to the project;
- provide a description of the projects in the class, including the
environment typically affected by the class of projects and the type
and range of environmental effects typically associated with such
projects; and
- identify the standards, criteria and mitigation measures to be applied
to projects within the class, as well as appropriate follow-up and
monitoring requirements.
The responsible authority also should indicate the length of time that
it proposes to use the Model Class Screening Report (e.g. 2 to 5 years),
and how (or whether) it proposes to update or amend the model report
over that period.
Finally, the Model Class Screening Report should specify how the subsequent
screenings of proposed projects in the approved class will be handled.
This could include identifying the need and procedures for coordination
among federal authorities, and providing a sample of the format for
the Class Screening Project Report (such as a checklist or questionnaire).
3.2 Step 2: Review and Approval of the Model Class Screening
Report
The process for review and approval of a Model Class Screening Report
consists of the following steps:
- The responsible authority submits a proposed Model Class Screening
Report to the Agency.
- The Agency publishes a notice in the Canada Gazette and local
media inviting comments from the public on the appropriateness of
using the proposed Model Class Screening Report; the review period
typically is 30 days.
- The Agency also may send direct notices regarding the availability
of the report for review to interested organizations and individuals.
- Following the public comment period, the Agency reviews any comments
received and determines if the issues raised are relevant to the EA
and, if so, if they have been adequately addressed in the proposed
model report.
- If the issues raised in the public comments have been adequately
addressed, and the Agency determines that the Model Class Screening
Report meets the requirements of the Act, the Agency approves the
Model Class Screening Report. An official notification is then published
in the Canada Gazette.
- Notification also will be provided to those organizations and individuals
who provided comments on the proposed model report.
- If th public comments have raised issues that have not been adequately
addressed, the Agency will refer the proposed model report back to
the responsible authority for further work.
3.3 Step 3: Preparation of the Class Screening Project Report
In the subsequent screening of a project within the approved class,
the responsible authority should prepare a Class Screening Project Report.
This report should provide additional site- or project-specific information
to supplement the information provided in the Model Class Screening
Report (e.g. project design or siting criteria that are part of the
requirements for projects within the class or sub-classes) and non-standard
mitigation measures to reflect site-specific variations.
The Class Screening Project Report also may identify project-specific
requirements with respect to timing or federal coordination.
The Class Screening Project Report builds on the substantial work and
documentation that has gone into the model report, and the responsible
authority should be able to complete the project report with only a
modest level of effort and documentation. For example, in the two model
class screening reports developed to date, the responsible authorities
use a Class Screening Project Report in the form of a short checklist
or questionnaire that allows them to quickly identify any project-specific
issues or mitigation measures.
- BENEFITS OF THE CLASS SCREENING PROCESS
The development of the Model Class Screening Report and the use of
the model report through the Class Screening Project Report can provide
a responsible authority with several important benefits.
4.1 Improve the Effectiveness of the EA Process
The class screening process can improve the overall effectiveness of
the EA process by helping the responsible authority:
- focus the EA on potential environmental effects that are known to
be associated with this class of projects,
- focus on important site-specific effects,
- improve coordination among various other federal authorities that
might be involved in screenings of a class of projects, and
- build in harmonized approaches with provincial governments during
development of the model report.
4.2 Save Time and Resources
Using the Class Screening Project Report can help save time and resources
by:
- making more effective use of scarce departmental resources in the
assessment of numerous projects of a similar nature,
- reducing the level of effort and documentation required for subsequent
project screenings (e.g. the responsible authority may be able to
use a simple form or questionnaire for its project report), and
- reducing time and resources required to file notification of screenings
on the Federal EA Index (FEAI) (e.g. although a public registry must
be maintained for each Class Screening Project Report, the responsible
authority may provide a "roll up" report to the Index on
the number of projects using the model report on a quarterly or semi-annual
basis, rather than filing information on individual projects).
4.3 Streamline Project Approval
The class screening process can help the responsible authority to:
- streamline the review and approval process for smaller projects
with predictable effects and proven mitigation measures,
- improve the predictability of the screening process in terms of
scope and time requirements,
- effectively coordinate the EA requirements of other jurisdictions
into a single assessment, and
- provide decision makers with greater confidence in the findings
of a screening if it has relied on the work that has gone into preparing
a Model Class Screening Report.
4.4 Demonstrate Accountability
The class screening process can help the responsible authority demonstrate
its commitment to due diligence and accountability. For example:
- use of a Model Class Screening Report that has been publicly reviewed
and approved by the Agency demonstrates the responsible authority's
accountability and due diligence in project planning and decision-making,
and can reduce the risk of legal challenge later on in the planning
process; and
- the opportunity for public review and comment of the proposed model
report can promote credibility and trust with the responsible authority's
partners and stakeholders and with the general public.
- AGENCY SUPPORT
The Agency recognizes the potential for class screenings to improve
the effectiveness and efficiency of the federal EA process, and is committed
to working with and supporting responsible authorities in developing
and applying model class screening reports. For example:
- An Agency Class Screening Coordinator is available to provide on-going
guidance on the overall class screening process, on preparing a Model
Class Screening Report, and on using the model report through the
Class Screening Project Report.
- The Agency is prepared to support the development of the Model Class
Screening Report by facilitating work on federal coordination and
federal-provincial harmonization.
- To support the goal of a more streamlined and efficient EA process,
the Agency is committed to completing the review and approval phase
of a proposed Model Class Screening Report within 60 days of the submission
of the report by the responsible authority.
- The Agency will be responsible for the costs associated with the
public review of the proposed Model Class Screening Report, such as
notification and provision of copies to the public.
- The Agency's regional offices also are available to provide guidance
to responsible authorities on the development and use of model class
screening reports in their regions, and can coordinate the participation
of other federal authorities and provincial governments as required.
Figure 1: Key Steps in the Class Screening Process
For Further Information
For more information on class screenings, please contact John McCauley at (613) 948-1942. Or contact the Agency
office nearest you.
Head Office:
Ottawa,
Ontario
(613) 957-0700
(613) 957-0862 (Fax)
E-mail: info@ceaa-acee.gc.ca
Regional Offices:
Pacific and Northern,
Vancouver
(604) 666-2431
(604) 666-6990 (Fax)
E-mail: CEAA.Pacific@ceaa-acee.gc.ca
Alberta,
Edmonton
(780) 422-1410
(780) 422-6202 (Fax)
E-mail: CEAA.Alberta@ceaa-acee.gc.ca
Prairie,
Winnipeg
(204) 983-5127
(204) 983-7174 (Fax)
E-mail: CEAA.Prairies@ceaa-acee.gc.ca
Ontario,
Toronto
(416) 952-1575
(416) 952-1573 (Fax)
E-mail: CEAA.Ontario@ceaa-acee.gc.ca
Quebec,
Quebec
(418) 649-6444
(418) 649-6443 (Fax)
E-mail: CEAA.Quebec@ceaa-acee.gc.ca
Atlantic,
Halifax
(902) 426-0564
(902) 426-6550 (Fax)
E-mail: CEAA.Atlantic@ceaa-acee.gc.ca
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