Bill C-9

Key Issues of the Environmental Planning and Assessment Caucus

1. Public Involvement
• the responsible authority should document, in screening reports, the basis on which it made the determination of whether or not to consult the public
• the responsible authority should be required to evaluate public involvement conducted within individual environmental assessments
• there should be serious consequences if public involvement process is found to be poor.
• the public should be empowered to ensure appropriate involvement occurs
• the existing registry system and its "all in" requirement should be retained in the Act with the new electronic requirements being added as an enhancement
• the electronic registry can include notification and a list of documents but, in its initial stages, need not include the text for all documents listed
• the requirement that paper documents be kept in convenient locations must be retained
• the Agency must ensure that registries are being properly maintained by responsible authorities
  
  
2. Environmental Assessment Tracks
• the proposed amendment should be deleted and the existing approach to decisions about environmental assessment tracks should be retained
  
  
3. Policy EA/Strategic EA
• programs and policies should trigger environmental assessments
• the Agency should monitor and report on compliance with the Cabinet directive on strategic environmental assessment
  
  
4. Criteria for determinations under the CEAA
• purposes and alternatives in all assessments (screenings, comprehensive studies and panel or mediation cases should be evaluated
• a comprehensive definition of environment and environmental effects should be provided
• environmental enhancements in section 20 and 37 of the current Act should be considered
• it should be specified in the Act that justification 'in the circumstances' must be consistent with the principles of the Act, including the purposes of contributing to sustainable development
  
  
5. Including federal bodies (domestic and international) under the Act
• all federal bodies must be included under the Act now
• allowance for the development of regulations specific to individual federal bodies may be made as these bodies develop experience with the Act and publicly document the need for special regulations
• the triggers for conducting environmental assessments must be consistent from one federal body to the next
  
  
6. Enforcement of the Act and decisions under the Act
• the public should be authorized to seek court action to stop work on projects that do not comply with the Act