ENVI Committee Report
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3.1 A Clear Vision for Federal Environmental Assessment
THE COMMITTEE RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT BE AMENDED TO INCORPORATE AN effective APPROACH THAT would achieve TANGIBLE RESULTS IN ENVIRONMENTAL ASSESSMENTS, BOTH IN TERMS OF PROJECT SUSTAINABILITY AND ECOSYSTEM INTEGRITY. THE COMMITTEE FURTHER RECOMMENDS THAT SPECIFIC TARGETS, PERFORMANCE MEASURES AND PROCESS STANDARDS BE DEVELOPED IN ORDER TO ACHIEVE THESE RESULTS.
THE COMMITTEE FURTHER RECOMMENDS THAT THE TERM “SIGNIFICANT,” IN THE PHRASE “SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECT,” BE DEFINED IN THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT TO INCLUDE AT LEAST THE FOLLOWING FACTORS:
| • | AN EFFECT THAT EXCEEDS ANY REGULATED FEDERAL OR PROVINCIAL ENVIRONMENTAL QUALITY STANDARD OR TARGET; |
| • | AN EFFECT THAT IS INCONSISTENT WITH ANY INTERNATIONAL COMMITMENT OF THE GOVERNMENT OF CANADA; AND |
| • | AN EFFECT THAT EXTENDS INTO ANY TERRITORY THAT IS WITHIN THE JURISDICTION OF A GOVERNMENT OTHER THAN THE FEDERAL GOVERNMENT, AND WHICH HAS BEEN THE SUBJECT OF A PUBLICLY STATED CONCERN OF THE GOVERNMENT OF THAT JURISDICTION. |
IN ADDITION, BECAUSE OF THE IMPORTANCE, IN LAW AND PRACTICE, OF THE TERM “SIGNIFICANCE,” ITS DEFINITION SHOULD CONTINUE TO BE STUDIED IN ORDER TO ENSURE THAT ITS STATUTORY DEFINITION DOES NOT LIMIT THE MINISTER’S POWER TO ACT WHEN NECESSARY.
3.2 Effective Enforcement of Environmental Assessment Responsibilities
THE COMMITTEE RECOMMENDS THAT PRIOR TO, AND IN PREPARATION FOR, THE SEVEN-YEAR REVIEW BY THE PARLIAMENTARY COMMITTEE, THE COMMISSIONER OF THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT SHOULD BE ASKED TO REVIEW THE OPERATION OF FEDERAL ENVIRONMENTAL ASSESSMENT UNDER CEAA, AS AMENDED BY BILL C-9.
THE COMMITTEE RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT BE AMENDED TO ESTABLISH A SYSTEM FOR THE ISSUANCE OF ENVIRONMENTAL ASSESSMENT PERMITS BY FEDERAL DEPARTMENTS, IN ACCORDANCE WITH CRITERIA PREPARED BY THE AGENCY, GIVING DEPARTMENTS AUTHORITY TO SET TERMS AND CONDITIONS FOR MITIGATION AND FOLLOW-UP.
THE COMMITTEE FURTHER RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT BE AMENDED TO PROHIBIT, THROUGH THE USE OF PENALTIES, A FEDERAL DEPARTMENT OR PROJECT PROPONENT FROM PROCEEDING WITH A PROJECT WITHOUT A PERMIT, OR IN BREACH OF TERMS OR CONDITIONS OF A PERMIT.
3.3 Use of Environmental Assessment as a Constructive Tool to Improve Projects
THE COMMITTEE RECOMMENDS THAT THE MINISTER OF THE ENVIRONMENT DEVELOP AND IMPLEMENT MEASURES TO ESTABLISH ENVIRONMENTAL ASSESSMENT AS A CONSTRUCTIVE TOOL THAT ENHANCES PROJECT PLANNING AND IMPROVES ENVIRONMENTAL PROTECTION.
3.4 Panel Review of Major Projects
THE COMMITTEE RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT BE AMENDED TO REQUIRE THAT PROJECTS OF SIGNIFICANCE WOULD AUTOMATICALLY TRIGGER A PANEL REVIEW OR JOINT PANEL REVIEW. REGULATION-MAKING AUTHORITY UNDER CEAA SHOULD BE AMENDED AND REGULATIONS DEVELOPED AS NECESSARY TO ENSURE THAT SUCH PROJECTS ARE ASSESSED BY PANEL REVIEWS.
3.5 Assessment of Cumulative Environmental Effects
THE COMMITTEE RECOMMENDS THAT THE MINISTER OF ENVIRONMENT ENSURE THAT CUMULATIVE EFFECTS ASSESSMENT REQUIREMENTS UNDER CEAA ARE CONSIDERED PRIORITIES FOR THE CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY AND FEDERAL DEPARTMENTS.
THE COMMITTEE FURTHER RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY EXAMINE AND REPORT ON THE USE OF
| • | REGIONAL ENVIRONMENTAL ASSESSMENTS7 AS A TOOL TO EXAMINE CUMULATIVE EFFECTS; AND |
| • | APPROACHES TO INCORPORATE FEDERAL ENVIRONMENTAL ASSESSMENTS INTO PROVINCIAL, ABORIGINAL AND COMPREHENSIVE CLAIM LAND USE PLANNING PROCESSES. |
3.6 Achieving Federal Environmental Commitments Through EA
THE COMMITTEE RECOMMENDS THAT THE MINISTER OF THE ENVIRONMENT ENSURE THAT CANADA’S NATIONAL AND INTERNATIONAL ENVIRONMENTAL LEGAL AND POLICY COMMITMENTS, OBJECTIVES AND STANDARDS ARE INCORPORATED INTO THE ENVIRONMENTAL ASSESSMENT PROCESS UNDER CEAA.
THE COMMITTEE FURTHER RECOMMENDS THAT THE MINISTER OF ENVIRONMENT MAKE RECOMMENDATIONS TO THE GOVERNMENT OF CANADA FOR INCORPORATING THE “CONSERVATION FIRST” PRINCIPLE INTO CEAA AND OTHER FEDERAL LAWS.
3.7 Panel Reviews and the Promotion of Meaningful Public Participation
THE COMMITTEE RECOMMENDS THAT THE MINISTER OF THE ENVIRONMENT AND CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY INCREASE THE LEVEL OF PUBLIC PARTICIPATION IN CEAA, AND THAT THE MINISTER USES HIS EXISTING POWERS UNDER THE ACT TO MAKE PANEL REVIEWS A KEY TOOL OF SUCH PARTICIPATION.
3.8 Incorporation of Aboriginal Perspectives
THE COMMITTEE RECOMMENDS THAT THE CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY WORK WITH ITS ABORIGINAL ADVISORY COMMITTEE TO CARRY OUT A SYSTEMATIC REVIEW OF LEGAL DEVELOPMENTS RELATING TO ABORIGINAL AND TREATY RIGHTS AS THEY APPLY TO ENVIRONMENTAL ASSESSMENT. IN ADDITION IT SHOULD STUDY THE INTERACTION BETWEEN CEAA AND ENVIRONMENTAL ASSESSMENT REGIMES OF ABORIGINAL AND COMPREHENSIVE CLAIMS INSTITUTIONS, WITH A VIEW TO DEVELOPING MORE EFFECTIVE ENVIRONMENTAL ASSESSMENT.
3.9 Improvement of Strategic Environmental Assessment
THE COMMITTEE RECOMMENDS THAT THE PRIME MINISTER DIRECT THE PRIVY COUNCIL OFFICE TO DEVELOP LEGISLATION, IN CONSULTATION WITH THE MINISTER OF ENVIRONMENT, AS SOON AS POSSIBLE BEFORE THE SEVEN-YEAR REVIEW, THAT ESTABLISHES A LEGAL FRAMEWORK FOR MANDATORY STRATEGIC ENVIRONMENTAL ASSESSMENT.