Government Launches Wide-Ranging Review of EA Process
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The Government of Canada took a first step, June 20, 2016, to deliver on its commitment to review and restore confidence in Canada’s environmental assessment process. The review will focus on:
• rebuilding trust in environmental assessment (EA) processes;
• modernizing the National Energy Board; and
• restoring lost protections and introducing modern safeguards to the Fisheries
Specifically the review will examine current provisons under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and the respective roles of the three responsible authorities that conduct federal EAs: the Canadian Environmental Assessment Agency, the National Energy Board and the Canadian Nuclear Safety Commission.
An Expert Panel will be tasked with conducting extensive consultations to develop recommendations for restoring public confidence in environmental assessment processes. This will include the practices and procedures associated with the conduct of environmental assessment, such as: the preparation of Indigenous Engagement Plans; other forms of public participation; the role of science and harmonization with other orders of government. A Multi-Interest Advisory Committee with representatives of Indigenous organizations, industry associations and environmental groups will be established by the Minister to provide advice to the Panel.
In addition, other Ministers have also been mandated to carry out reviews and propose reforms to matters that intersect with environmental assessment. These include:
- reviewing changes to the Fisheries Act to restore lost protections and incorporate modern safeguards;
- modernizing the National Energy Board to ensure that its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development and Indigenous traditional knowledge; and
- a review of changes to the Navigable Waters Protection Act, aimed at restoring lost protections and incorporating modern safeguards.
The changes to the federal EA process streamlined the process for our members, and exempted many smaller projects from completing federal EA’s. It will be interesting to see how many of these changes will be reversed following the review process. CWWA will monitor and participate in the review as needed to advocate for harmonization and a streamlined effective federal process.
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