265:, the project description was posted on the internet immediately, but the main source of public input was the consultation process described in the project-specific guidelines for any project that required a comprehensive study. The general rule was to actively inform the public and to solicit concerns. This included information sessions where the proponent would make a presentation and then solicit comments. The guidelines would list the municipal governments and tribal councils that must be consulted. For projects that went to formal review, the participation was open to all parties with an interest that was "neither frivolous nor vexatious"
25:
219:. A lawyer with no knowledge of biology could supply the information. Only section 17(a) question, the requirement to describe changes the project may cause to fish habitat requires knowledge of ecology. Information on environmental effects is limited to effects on fish, aquatic species, and migratory birds.
379:(the Agency) is the responsible authority for a designated project that is described in the RDPA, upon acceptance of a project description, an analysis is undertaken by the Agency to decide if a federal environmental assessment is required. This step does not apply to designated projects regulated by the
493:
is conducted by the Agency, the
National Energy Board or the Canadian Nuclear Safety Commission. Information on the process for environmental assessments conducted by the Agency is provided below. Information with respect to environmental assessments conducted by the National Energy Board or Canadian
257:
limits public input. The general public is allowed to comment on a new project during the 20 days the project is open for comment on the internet. During the formal review, only those who are "directly affected" by the project may participate. The legal meaning of "directly affected" in this context
129:
were set out as follows: (1) to achieve sustainable development that conserves environmental quality by integrating environmental factors into planning and decision-making process, (2) exercise leadership within Canada and internationally, and (3) to provide access to information and to facilitating
423:
For projects on federal lands that are not designated projects, before a federal authority or an airport authority may carry out the project or exercise any power or perform any duty or function that will permit the project to be carried out, the authority will have to be satisfied that carrying out
241:
decreases initial input from biologists and accelerates the movement of the project to the legal hearing stage. Upon receipt of the project description, the agency has ten days to request additional information and post the project description on the internet. Following 20 days in which the public
276:
also requires the
Minister to make a decision within 24 months if the Minister has referred the matter to a review panel. Although the new law allows some extensions, the effect of a review panel failing to hear all testimony within the required time is that the Minister must reject the project
249:
used a "biologist to biologist" approach. The agency had 90 days to determine if a project required a comprehensive study and to prepare project-specific impact assessment guidelines for the comprehensive study. Following completion of the comprehensive study, the agency could determine that no
233:
was a comprehensive study. What was to be included in the study was determined for each project. The agency issued a project-specific comprehensive study guideline within 90 days of receipt of the project application. The comprehensive study specified baseline data that needed to be collected,
394:
may designate a project when carrying out of the project may cause adverse environmental effects, or that public concerns related to those effects warrant the designation. An environmental assessment under CEAA 2012 is required for each project designated by the
Minister of the Environment.
519:. This timeline starts when a notice of the commencement of the environmental assessment is posted on the Registry Internet site and ends when the Minister of the Environment makes a decision as to whether the designated project is likely to cause significant adverse environmental effects.
187:
applied to all projects that altered the environment. The
Inclusion List Regulations (SOR/94-637) described projects for which a screening report was always required. The Inclusion List regulation was twice the size of the current list of designated physical activities. The previous
277:
application. Approval of the application in the face of an incomplete review is not a legal option for the
Minister. The legal principles that apply in Canada are similar to the principles that required U.S. President Obama to reject the application for the
428:
has decided the project's significant adverse environmental effects are justified in the circumstances. This responsibility also applies to projects outside of Canada that are federally funded or for which the
Government of Canada is the proponent.
408:
A responsible authority ensures that an environmental assessment of a designated project is conducted in accordance with CEAA 2012, including ensuring the public is provided with an opportunity to participate in the environmental assessment.
242:
may post comments, the agency has 25 days to decide if the project requires a formal environmental assessment. Different bodies may conduct the assessment, but all assessments now follow judicial procedures of argument and counter-argument.
192:
also required a screening report for any project for which a federal department was required to issue a license or permit under the specific sections of other acts listed in the
Federal Authorities Regulation (SOR/96-280). The previous
208:, certain other departments, specifically the National Energy Board, may issue licenses and permits without an environmental assessment, may conduct their own assessment, and may cancel existing assessments currently in process.
522:
The
Minister of the Environment may refer a project to a review panel within 60 days of the notice of commencement of an environmental assessment. An environmental assessment by a review panel needs to be completed within
90:, CEAA 2012) and its regulations established the legislative basis for the federal practice of environmental assessment in most regions of Canada from 2012 to 2019. It was repealed with the coming into force of the
512:
Upon acceptance of a complete project description, the Agency has 45 calendar days, including a 20-day public comment period, to determine whether a federal environmental assessment is required.
539:
The
Minister may extend the time limits by an additional three months, to facilitate cooperation with another jurisdiction or to take into account other circumstances specific to the project.
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also required a modified screening report for projects where the proponent was a Crown
Corporation or for projects outside of Canada or where the Government of Canada funded the project.
420:
Federal departments and agencies with specific expertise are required to provide information and advice that support the conduct of environmental assessments by responsible authorities.
164:
is more restrictive in purpose. It applies to "designated projects" instead of "projects". Public participation is "during" an environmental assessment instead of "throughout". The new
527:. This timeline starts when the proposed project is referred to a review panel and ends when the Minister of the Environment issues the environmental assessment decision statement.
542:
Upon recommendation of the Minister of the Environment, the Governor in Council may also extend the time limit (in addition to the three-month extension granted by the Minister).
226:
required essentially the same information in the basic project description, except that it also required information on terrain, air, vegetation, all wildlife, and all habitats.
314:
in order to avoid significant adverse environmental effects when a federal authority is exercising a power or performing a duty or function required for the project to proceed;
234:
identified specific groups that needed to be consulted, and identified specific concerns for the proponent to address. The new act does not require a comprehensive study.
45:
125:
for proposed projects where the federal government is the proponent or where the project involves federal funding, permits, or licensing. The purposes of the
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see also original proposal in Canada Gazette Part I — Vol. 147, No. 16 — April 20, 2013: Regulations Amending the Regulations Designating Physical Activities
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690:
376:
204:, other federal departments were not allowed to issue licenses and permits until any required environmental assessment was complete. Under the new
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SOR/2013-186 Canada Gazette Part II - Vol. 147, No. 23 — November 6, 2013: Regulations Amending the Regulations Designating Physical Activities
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Both types of assessments can be conducted by the federal government alone or in cooperation with another jurisdiction, such as a province.
780:
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Ensure that proposed projects on federal lands or that are outside Canada and carried out or financially supported by a federal authority,
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further review was necessary. If further review was necessary, the project could be sent to mediation or to a formal review panel.
785:
775:
441:
environmental effects, including environmental effects caused by accidents and malfunctions, and cumulative environmental effects
412:
Under CEAA 2012, responsible authorities can be the Canadian Nuclear Safety Commission, the National Energy Board or the Agency.
41:
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The period that is taken by the proponent to respond to a request from the Agency or a review panel (conduct studies, prepare
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that are within federal legislative authority from significant adverse environmental effects caused by a designated project;
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683:"SOR/2012-147 - July 6, 2012 - CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012 - Regulations Designating Physical Activities"
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for the Description of a Designated Project Regulations (SOR/2012-148) gives the information required under the new
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is conducted by a panel of individuals appointed by the Minister of the Environment and supported by the Agency.
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the project is not likely to cause significant adverse environmental effects. This also applies if the
110:
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CEAA 2012 applies to projects described in the RDPA, namely physical activities summarized therein.
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for which conducting an environmental assessment is mandatory when such a project is designated.
118:
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limits assessment just to the type of projects listed in this regulation (and its amendments).
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refers generally to persons who own property within one kilometer of the project.
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It may require cleanup to comply with Knowledge's content policies, particularly
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in order to achieve or maintain a healthy environment and a healthy economy; and
515:
An environmental assessment conducted by the Agency must be completed within
168:
also adds as a purpose that assessment be completed in a timely manner. The
584:
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and the consideration of the study results in environmental assessments.
549:, collect further information, etc.), is not counted in the timelines.
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held a discussion about the CEAA and the RDPA. They then proposed the
474:
There are two types of environmental assessment conducted under the
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are considered and carried out in a careful and precautionary manner
272:
require an assessment report within 12 months. However, the new
352:
Encourage federal authorities to take actions in a manner that
156:
omits the preamble and statement of purpose. Section 4 of each
16:
Act of Parliament of Canada regulating environmental assessment
18:
349:
in order to avoid significant adverse environmental effects;
433:
What is examined during a federal environmental assessment?
630:
Canada, Impact Assessment Agency of (September 17, 2020).
494:
Nuclear Safety Commission may be found on their websites.
172:
document (RDPA) describes the projects covered by the new
456:
alternative means of carrying out the designated project
319:
coordination between federal and provincial governments
88:
Loi canadienne sur l’évaluation environnementale (2012)
450:
mitigation measures and follow-up program requirements
144:
There are marked differences between the new act, the
109:(CEAA) is an Act of Parliament that was passed by the
33:
A major contributor to this article appears to have a
361:
cumulative effects of physical activities in a region
482:
environmental assessment by a responsible authority,
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are considered in a careful and precautionary manner
491:
environmental assessment by a responsible authority
761:Canadian Environmental Assessment Agency website
651:"Basics of Environmental Assessment - Canada.ca"
459:changes to the project caused by the environment
141:. The new law came into effect on July 6, 2012.
485:and environmental assessment by a review panel.
121:, agencies, and Crown corporations to conduct
689:(15). Canada Gazette, Part II. 18 July 2012.
606:"Canadian Environmental Assessment Act, 2012"
8:
755:Canadian Environmental Assessment Act, 1992
747:Canadian Environmental Assessment Act, 2012
649:Agency, Canadian Environmental Assessment.
476:Canadian Environmental Assessment Act, 2012
444:significance of those environmental effects
331:Ensure that opportunities are provided for
324:Promote communication and cooperation with
281:when forced to make a decision by Congress
170:Regulations Designating Physical Activities
137:was repealed in 2012 and re-written by the
79:Canadian Environmental Assessment Act, 2012
437:The following factors must be considered:
338:Ensure that environmental assessments are
160:is a clause that lists purposes. The new
64:Learn how and when to remove this message
677:
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499:environmental assessment by review panel
377:Canadian Environmental Assessment Agency
148:(sc2012 c-19) and the previous act, the
117:requires federal departments, including
581:"Canadian Environmental Assessment Act"
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462:results of any relevant regional study
305:Protect components of the environment
105:Canadian Environmental Assessment Act
7:
632:"Impact Assessment Agency of Canada"
583:. Laws.justice.gc.ca. Archived from
535:For every environmental assessment:
222:The regulations under the previous
470:Types of environmental assessments
385:Canadian Nuclear Safety Commission
146:Environmental Assessment Act, 2012
14:
453:purpose of the designated project
359:Encourage further studies of the
354:promotes sustainable development
310:Ensure that designated projects
300:The purpose of CEAA 2012 is to:
44:. Please discuss further on the
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693:from the original on 2012-08-25
661:from the original on 2013-03-19
612:from the original on 2013-05-13
333:meaningful public participation
547:environmental impact statement
1:
801:Canadian federal legislation
340:completed in a timely manner
150:Environmental Assessment Act
133:The original version of the
781:Environmental law in Canada
608:. Laws-lois.justice.gc.ca.
392:Minister of the Environment
284:In 2016, the government of
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368:When does CEAA 2012 apply?
465:any other relevant matter
416:Other federal authorities
123:environmental assessments
317:Promote cooperation and
229:Central to the previous
152:(sc 1992 c-37). The new
786:1992 in the environment
776:2012 in the environment
713:Cite journal requires
213:Prescribed Information
130:public participation.
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404:Responsible authority
381:National Energy Board
290:Impact Assessment Act
268:Both the old and new
92:Impact Assessment Act
42:neutral point of view
796:2012 in Canadian law
791:1992 in Canadian law
554:RDPA, and amendments
111:Government of Canada
94:on August 28, 2019.
655:www.ceaa-acee.gc.ca
426:Governor in Council
261:Under the previous
200:Under the previous
326:Aboriginal peoples
119:Environment Canada
107:, S.C. 1992, c. 37
279:Keystone Pipeline
139:Harper government
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567:References
531:Extensions
176:. The new
525:24 months
508:Timelines
375:When the
46:talk page
691:Archived
659:Archived
610:Archived
517:365 days
383:and the
253:The new
237:The new
296:Purpose
98:History
84:French
719:help
390:The
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497:An
489:An
274:Act
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