Canadian Environmental Assessment Act -- Process and Public Participation

The Canadian Environmental Assessment Act requires that projects with sufficient federal government involvement have an assessment involving one or more of the following steps:

·          Screening

·          Comprehensive study

·          Mediation and/or review panel

The Act anticipates that projects with the least impact or public concern would undergo a screening, and those having the greatest impacts or public concern would warrant a mediation or comprehensive study.  In reality, the vast majority of projects proceed using the screening process only. 

Screening

Most projects are assessed by means of a screening, which is a “self directed” review by the government authority which is responsible for the project or decision being reviewed (the Responsible Authority).  At this level, the Responsible Authority decides whether the project is likely to cause significant adverse environmental effects and whether to allow the project to proceed.  Factors to be considered in a screening include: 

·          the environmental effects of the project, including cumulative effects;

·          the significance of the environmental effects;

·          comments from the public;

·          technically and economically feasible measures that would mitigate any significant adverse environmental effects of the project; and

·          other matters determined relevant or necessary by the RA; and

Where a Responsible Authority is of the opinion that public participation in a screening of a project is appropriate, or “where required by regulation” (to date there is no such regulation), it is required to give the public notice of the screening and an opportunity to comment on the screening report or any other document filed in the public registry.

Comprehensive Study 

Larger projects with the potential for greater environmental effects or that could generate public concerns may require a more detailed assessment through a comprehensive study.  Projects may require a comprehensive study if:

·          The project is described in the Comprehensive Study List Regulations,

·          the Responsible Authority, after conducting a screening, decides that there is a likelihood of a significant adverse effect that cannot be justified, or

·          the Responsible Authority decides that there are other reasons to conduct a comprehensive study. 

Factors that the Responsible Authority must address in a comprehensive study are those required for screenings (set out above) and also:

·          the purpose of the project;

·          alternative means for carrying out the project that are technically and economically feasible and the environmental effects of the alternatives;

·          the need for a follow-up program;

·          the capacity of renewable resources that are likely to be significantly affected by the project

After completing a comprehensive study, a Responsible Authority must give the public notice that it has received a comprehensive study report and allow time for the filing of public comments.

Mediation and Panel Reviews 

Where there is significant public interest and concern or where the environmental effects are likely to be significant, the Minister may order that an assessment be referred to

·          mediation – a facilitated examination of the issues by different stakeholders (identified by the Minister) led by a neutral mediator, or

·          a review panel – a panel of neutral experts on environmental issues appointed by the Minister to hear from the public and conduct the assessment.

The factors to be considered in a mediation or by a review panel are the same as those to be considered in a comprehensive study (section 16(2)).

In review panel assessments, the panel is required to hold hearings “in a manner that offers the public an opportunity to participate in the assessment”.  Hearings must be public unless it would risk direct and substantial harm to a witness.  While mediated assessments do not require a public hearing, the mediator has the discretion to allow any interested person to joint a mediation. 

The Minister is required to make the report from a mediator or review panel available to the public in an appropriate manner.

Public Registry

A public registry of projects and project information is established under the Act.  Certain of the documents are also available on-line.  The kind of information the registry makes available includes:

·          any report relating to the assessment;

·          comments filed by the public in relation to the assessment;

·          terms of reference for a mediation or panel review; and

·          any documents requiring mitigation measures to be implemented.

Participant Funding

Since 1994, it has been mandatory for the government to make participant funding available for mediations and panel reviews.  This funding is key to helping the public prepare for and participate in background scoping meetings, review the environmental impact statement (EIS) that is provided by the project’s proponent, and participate in mediation sessions or public hearings.  More information on the participant funding program is available on the CEAA website.

Related Guide Pages:

·          Canadian Environmental Assessment Act

Other information:

·          Electronic version of the Canadian Environmental Assessment Act

·          Canadian Environmental Assessment Office web-site

·          Citizen’s Guide: The Canadian Environmental Assessment Process 

·          Participant Funding Program and Guide & Application Form