EIA in CANADA

Constitutional silence

Constitution doesnt assign ENVIROMENT as a specific power to any level of gov. 

• Both federal and prov docs derive their authority from OTHER AREAS

province role in environment

control over deevelopet over natural resources, conservation, and electrical energy

federal role in environment

• fishereies

• navigation and shipping

• federal lands and indingeous reserves

• criminal law - can create laws that ban pollution or enviornmentall change

• peace and order and good gov

  • residual power that allows fed gov. To legislate issues of national concern, such as transboundary pollution or climate change

who as responsiblity over envirometnal managmeent  - feds or prov

both, shared responsiblity b/c of constituitonal silence

• single project can rquire both fed and prov approcal 

Environmental assement review process (EARP)

canadas first formal process for EIA

• EARP established by cabniet but not in parliment as law

• Marking sig. Shift in how gov approached development

problems with EARP

• not legally binding - no legal way to enforce recommondations

• cooperative and voluntary design = a disucssion and collabrative effeort between gov and propeoents, but DIDNT BRING IN COMMUNITES/PUBLIC/INDIG. PPL

• limited scope - aplied to federal projects, projects on federal lands or recivieng federal fudining

  • goal was simple- least possible damange to enviorment

Berger inquiry - project

• Pushed by mackenzie valley energy pipeline corridor building from arctic ocean to alberta - larges in construction project every proposed in canada at the time

berger inquiry - what government did 

thomas berger

• no hearings in ottowa and actually wen to communties across the north

• listened to community members in their own language on how project would affect their livehood

berger inquiry - signifigance

gave EIA heart and conscience

• inquiry shfited from narrow technical assesemnt of EI to holsitc consdeatiosn of social, cultuarl and eoncomic impacts on indingeous peoples who were affected

• set global standard for meaninful public engagment

• proved that HOW assesment is done is just as important as scientifc report

Oldman river dam - project

Build large dam, proposed by alberta gov. On oldman rier, the project received provincial approval

oldman river - jursidictional conflict

river was navigable river so federal permit alsorequired

• permit granted WITHOUT A FULL FEDERAL EA under EARP, as the gov. argued EARP was just a voluntary policy

oldman river- legal challenges

friends of oldman river, Sued the fed. Gov. arguing that its involvement in the project ( on navigable waters) LEGALLLY OBLIGATED IT TO FOLLOW ITS OWN EARP GULDINES

• supreme court agreed and ruled that EARP guidelines had the force of law and not just optional

oldman river sig.

made clear policy based approached no longer ok, and paved way for creation of canada’s first LEGALLY BINDING EIA LEGISLATION

CEAA 1992

• replaced EARP, comprehensive, leaglly binding framework

CEAA 1992 pros/features

• systematic process

  • made EIA madatory and systamtic proces for projects invovling fed gov

•  AGENCY- created canadian envirometnal assemsent agency ( CEAA

• PUBLIC - new requirments for public particpation and public registry for all project documents

CONS OF CEAA 1992

narrow scope

• exclusively focused on impacts of SPECIFC, INDIVUDAL PROJECTS

• not assessing CUMALTIVE EFFECTS of mulitple projcts or impats of broader gov. plans or policies

CEAA 2012 - who did it and what was their goal

conserv. Gov (harper). in a budget bill ( less noticable by ppl) after 2008 crisis

• make canada more attractive for investment by creating more efficient and predictable regulatory systems

CEAA 2012 specific goals

• responsible resource development

• streamline review process

• reveiw duplication btwn fed and prov assement

• impose firm timelines to avoid lengthy delays

CEAA 2012 key changes and their impacts

• less triggers - # of fed departmetns with ability to trigger assesment from 40 to 3

• project list - listed exactly which types of major projects requried fed review 

  • reduced # projects subjected to fed EIA by 90%

• restricted particpation

• public particpation limited to those directly affected by porject

  • didnt take concerns related to spritualty and cultural concerns by indigneous ppl

result of EAA 2012

Critiqued by environmental groups, legal experts, and Indigenous communities for weakening federal environmental oversight and prioritizing economic goals over environmental protection.

2019 IAA who did it and why

liberal gov

•  fix perceived flaws of CEAA 2012 to make EA credible again, it created impact assessment agency of canada

importance of 2019 IAA shifting away from EIA to IAA

broadens impact assessment, wher more holistic approach, and enviroment is one of many factors

IAA key features

• EARLY PLANNING PHASE - propents have to engage with public and indig. groups BEFORE submitting formal plan 2 identify key issues early

• BROADER SCOPE OF FACTORS

  •  the environment, health, social conditions, economy, gender-based impacts (GBA+), and impacts on Indigenous peoples

• PUBLIC INTERST TEST

  •  final decision is based on the project's contribution to sustainability and its alignment with Canada's climate change commitments.

• INCREASED TRANSPARCNY

  •  Decisions and the scientific reasoning behind them must be made public.

patchwork system of muliti-jursdictional reality challenges

goal = one window appraoch - harmanonzied assemtn satifsfies all justidciitons = clarity, less duplication

reality = jurisdications can have differnt priorties

taseko mines propserity mine- what happed

proposed gold copper mine in BC got prov approval but rejected by fed gov due to sig. irrversible impacts on fish

BC EIA 

revieweabl projects reg

• assemnt triggerded based on specific size or production capacity

AB EIA

regulations identify projects that are either maadatory ( oilsands mines) or extempt

sask and manitoba

sask= case by case - no project list

mantoba, difernt classes which determine scope of ea required

ontario and qubec

ontario - class system

quebec- dual system, parrale proeess with stronger indig. rep for northern territory

newbrusn, nova scotioa and peia and nwefouland

newbruns: list of projects

nova- two lists- one for minor and one for major

pei and nwfouland - minister decides if EA required- NFL can veto proejct b4 full ea if against public interest

why EA framework differnt in north of 60

structure is defined by modern land claims agreements negotiated between Indigenous

peoples and the federal governmen

how it works - EA in north of 60

• comanagment boards lead assemtn process

  • has strong ind. reps - indg. gov = partners in decison making not just stakeholders to consult

• more holistc approach 

  • designed to integrate TEK with western sci and asses sociocoomic and cultural impacts