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

1. Environmental Management Process
Presented by
Environment and Natural Resource Unit, Lands and Economic
Development, BC Region
David Leung
December 17, 2013

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. 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. 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. 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. 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. 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. AANDC Process Flow Chart

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. Example 1: Project with no further review required
Photo: connectallplumbing.com
Photo:myartprints.com
Photos: lowes.com
Photo: pc.gc.ca
10

11. Example 2: Simple Review
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12. Example 3: Detailed Environmental Review
12

13. Example 4: Designated Project under CEAA
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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