Environmental Management Process-david leung


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What happened to CEAA in 2012,Key sections of CEAA,changes from old act to the new, AANDC's response, ANNDC's tools and process examples

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Environmental Management Process-david leung

  1. 1. Environmental Management Process Presented by Environment and Natural Resource Unit, Lands and Economic Development, BC Region David Leung December 17, 2013
  2. 2. Overview 1. What happened to CEAA in 2012 2. Key sections of CEAA 3. Changes from the old Act to the New 4. AANDC’s Response 5. AANDC’s Tools and Process 6. Examples
  3. 3. What happened in 2012 • Amendments to the Canadian Environmental Assessment Act, 2012 came into effect on in July 2012 – Change in focus to larger projects with potential for significant environmental effects – Each Department is required to develop their own process – What is meant by “Environmental Effects” have been clarified: CEAA, 2012, s. 5 Environmental Effects • (1)Environmental effects in relation to an act or thing, a physical activity, a designated project or a project are a change • (a)within legislative authority on fish and fish habitat, aquatic species, migratory birds...; • (b)on federal lands, in a province other than the one where the physical activity, designated project or project is being carried out; • (c)with respect to Aboriginal peoples – (i)health and socio-economic conditions, – (ii)physical and cultural heritage, – (iii) current use of lands and resources for traditional purposes, or a structure, – (iv)site or thing that is of historical, archaeological, paleontological or architectural significance
  4. 4. Other key sections of CEAA 2012 • Projects on Federal Lands • Federal authorities are still required to ensure that projects on federal lands do not cause significant adverse environmental effects, defined in CEAA 2012, S. 67: 67. An authority must not carry out a project on federal lands, or exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that would permit a project to be carried out, in whole or in part, on federal lands, unless (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances under subsection 69(3). • Federal authorities must report annually to Parliament on the actions taken to fulfill this obligation. (s.71)
  5. 5. Summary – Before and New Process • Before • Both large, medium and small scale projects underwent environmental assessments • Screenings are the lowest level of assessment because the size of project and impact on the environment are minimal. No flexibility in scope of assessment. • No reporting requirements to Parliament and uncertainty with respect to timelines • New • Only large major projects on Project List will undergo an environmental assessment (e.g. mines) under CEAA • Assess medium risk projects (e.g. windfarm) while streamlining the review of small scale projects and no longer assessing low risk projects (e.g access roads and blueberry washers) • Offers flexibility to create an approach that reflects the unique relationship between the Department and Aboriginal communities • The Approach proposes a process that incorporates service standards to make things simpler, more effective and less costly • Annual reporting requirement to Parliament is established in the new Act
  6. 6. How did AANDC respond to the changes? • AANDC Environmental Management Approach keeps CEA Agency principles in mind: – Each department has full discretion in how their analysis of significant adverse environmental effects is conducted. – Departments can develop or modernize elements of a current environmental management process as they see fit. – Degree of risk to the environment and likelihood of significant adverse environmental effects. • AANDC’s Definition of a Project: i) any construction, building or construction related activities on Indian Reserve Land; or ii) any physical activity (such as timber removal) that requires the use of the land and would: a) alter any feature of the Environment; or b) result in the release of a polluting substance (sediments, contaminants to air, soil, water)
  7. 7. New Projects Environmental Review Tools and Process • AANDC has built tools to modernize and streamline the environmental review process to meet the CEAA s.67 requirement. – Operational Procedure for Staff (draft), – Project Description Form, – Simple (or Standard) Review Form, – Guide for Completing Detailed Environmental Reviews (draft), and – Mitigation and Monitoring Compliance Form • An electronic version of all the tools and policy and guidance documents will be available on the department’s internet site
  8. 8. AANDC Process Flow Chart
  9. 9. Environmental Review Tools and Process Cont… • Level of Environmental Review: – No further information required: a project of minor risk to human health and the environment. Typically, a project that was listed on the former exclusion list. The impacts of the project are well known and risks can be managed with routine procedures and standards. – Simple: a project with a low risk to human health and the environment. Some further information or assessment may be required on some aspects. Most impacts are understood and risks can mostly be managed with routine procedures and standards. – Detailed: a project with medium risk to human health and the environment. Further assessment is required to fully understand risks and impacts. Routine procedures and standards may not exist or project is large and complex. A full EIA would be conducted (similar to the former screening EA). – Designated: project is listed in the Regulations Designating Physical Activities. OR, project has a high risk to human health and the environment. Risk and Potential Impacts are not fully understood. Project is very large and complex. Routine procedures or standards do not exist. Project will be referred to CEAA or referred to MOE for consideration as a designated project.
  10. 10. Example 1: Project with no further review required Photo: connectallplumbing.com Photo:myartprints.com Photos: lowes.com Photo: pc.gc.ca 10
  11. 11. Example 2: Simple Review 11
  12. 12. Example 3: Detailed Environmental Review 12
  13. 13. Example 4: Designated Project under CEAA 13
  14. 14. Thank you Questions? AANDC Lands and Economic Development Joan Calderhead, Manager, Environment and Natural Resources 604-666-9332, Joan.Calderhead@aandc.gc.ca David Leung, Environmental Specialist 604-666-0596, David.Leung@aandc.gc.ca