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BACKGROUNDER – ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS

BACKGROUNDER

In October 2006 the Canadian Council of Ministers of the Environment (CCME) agreed to explore options to improve environmental assessment (EA) delivery in Canada.  In September 2007 ministers agreed to address a broad range of issues associated with environmental assessments in Canada. These issues range from process inefficiencies, and overlapping mandates and responsibilities to lack of timeliness, differing criteria triggering EAs, and a need to look to broad strategic regional EAs. The desired outcome for CCME’s work in EA is that decisions on environmental assessments for projects are made in a certain, predictable, efficient and timely fashion, while safeguarding the environment. 

The Environmental Assessment Task Group (EATG), formed for this exercise, publicly consulted on draft recommendations for a one project-one assessment approach and a draft Regional Strategic EA framework and methodology. 

Recommendations

1.        One Project-One Assessment Approaches to Environmental Assessment
The key goal of a “one project-one assessment approach” is a single, consistently applied EA process led or conducted by the best-placed jurisdiction and enabling each order of government to make its decisions in a certain, predictable and timely fashion.  In order to achieve an effective, high quality EA that contributes to environmentally-sound decision-making and sustainable development, a “one project-one assessment” process should be timely and predictable for participants, flexible to accommodate a range of projects, involve public participation where appropriate, fulfill the duty to consult Aboriginal peoples, and define clear lines of accountability.

                                   
           
           

One Project-One Assessment Recommendations:

           

To establish a “one project-one assessment approach” that does not entail a transfer of decision-making authority between jurisdictions, it is recommended that:

           
                   
  1. All jurisdictions should ensure that their statutory regimes include a range of models including joint process, delegation and substitution.  Therefore, each jurisdiction should ensure that their statutory regimes have enough flexibility to address any scenario in which these models may be used.
                   
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  2. Focused efforts should be made to identify a resolution to the issues associated with diffusion of accountability within the current federal framework through the upcoming Canadian Environmental Assessment Act statutory review.
                   
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  3. The EA process should continue to be led by the best placed jurisdiction defined as the “Lead Party”.
                   
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  4. The level of the participation of the Non-Lead Party in the EA process should be based on the consideration of a number of factors, including:                
                         
    • Nature and magnitude of the anticipated public concern. High level of public concern in a proposed project is likely to increase expectations that both orders of governments will play an active role in the EA.
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    • Nature and magnitude of the anticipated/potential environmental impacts. 
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    • Ability of Lead Party to deliver on (or address) the Non-Lead Party requirements.
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    • Constitutional Aboriginal consultation requirements.
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  5. In considering the proposed project against these factors, both jurisdictions can decide mutually which model would be most appropriate.
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2.        Regional Strategic Environmental Assessment (RSEA)
Regional Strategic Environmental Assessment is a process designed to systematically assess the potential environmental effects, including cumulative effects, of strategic policy, plan and program alternatives for a given geographical area or region.  CCME has endeavoured to advance the science and practice of regional strategic environmental assessment (RSEA) by developing a Canada-wide understanding of RSEA, including identification of the different models for RSEA and the benefits of those models for Canadians. 

                                   
           
           

Regional Strategic Environmental Assessment Recommendation:

           

1.  CCME has a continuing opportunity to demonstrate leadership in environmental management across Canada and throughout the world by advancing new frameworks and innovative approaches for long-term sustainability. Extending environmental assessment practice to include an RSEA approach, where appropriate, would establish Canada as a world leader. Efforts need to be extended to a broader audience both within and beyond the environment mandate to address implementation challenges and encompass the three pillars of sustainable development – environment, economic and social.

           
           

 

           

Commitments and Implications of Recommendations

All jurisdictions should consider the need for changes to their existing legal framework in order to incorporate the tools presented in this paper and facilitate environmental assessment harmonization across Canada.

These recommendations will be submitted to the Canadian Environmental Assessment Agency and the Federal Minister of Environment for consideration in the upcoming review of the Canadian Environmental Assessment Act.