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Industry sectors will have different perspectives on the
Canadian Environmental Assessment Act (CEAA) and on CEAA 2012
depending on the circumstances of each industry and project, but
all should be aware of some of the major changes in this
legislative update.
The new legislation:
Provides an entirely new approach to federal environmental
assessment;
Reduces the number of federal project EAs;
Includes two EA tracks;
Is project based – there is no more self assessment;
Limits responsible authorities to three federally;
Has replaced harmonization with substitution; and
Includes a time line for all federal EAs.
Despite these changes, parts of the legislation make
environmental assessment less clear than before. For example, the
legislation is hazy with respect to the criteria, frequency, and
basis for panel referrals. Similarly, it does not explain how the
new rules mesh with the timing and complexity of associated
regulations. And in terms of the federal duty to consult with
Aboriginal Groups in substituted/equivalent processes, there is
little description of how such consultations should occur or with
whom.
CEAA 2012 does bring clarity with respect to when an assessment
is needed thanks to the Designated Projects List. This identifies
the classes of projects and their respective Regulatory Authority.
Federal decisions, such as Fisheries Act authorizations, no longer
trigger an assessment, but they do affect the scope of an
assessment. Any projects not on the Designated Projects List will
not require assessment unless the Minister decides an EA is
required.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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