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Canadian Environmental Assessment Act Five Year Review

A Citizens' Briefing Kit for the Five Year Review

The Environmental Assessment and Planning Caucus of the Canadian Environmental Network has facilitated the preparation and distribution of this series of papers to provide background and support to public participation in the five year review of the Canadian Environmental Assessment Act. The papers express the views of the authors and some members of the EA Caucus. The Canadian Environmental Network is non-advocacy information sharing and networking organization with more than 600 member groups across Canada.

For more information please contact the Environmental Planning and Assessment Caucus
Canadian Environmental Network,
300 - 945 Wellington Street, Ottawa ON K1Y 2X5

Tel: (613) 728-9810 ext. 25
Fax: (613) 728-2963
E-Mail:jannis@cen-rce.org

 

Table of Contents
(Each section can be indidually downloaded in PDF Format)

1. Introduction
An introduction to the Canadian Environmental Assessment Act, the five year review, and priority issues for the improvement of environmental performance.
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2. Good EA Practice
Good EAs are a crucial planning tool to help achieve sustainability; good EA includes projects, policies, plans, and programs.
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3. Predictability, Consistency & Timeliness
Predictability, consistency and timeliness are a matter of reducing discretion, ensuring early public involvement, and improving the implementation of the process.
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4. Public Participation
Public participation is a cornerstone of effective environmental assessments, and essential to EA as a planning tool
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5. Needs and Alternatives
Assessing needs and alternatives are an essential part of using EA as a planning tool to achieve sustainability.
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6. Consistent Criteria for Approval
Inconsistency in applying various tests in CEAA has been a major problem with implementation; examples include "justified in the circumstance", and "significant adverse environmental effect".
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7. Policy Assessments
Legislated policy, plan, and program assessment is an essential next step in the evolution of federal EAS.
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8. Participant Funding
Meaningful public participation requires funding. Participant funding is money well-spent, supporting the important role of the public and the recognizing the increased contribution made possible when funding is available
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9. Follow-up, Enforcement of EA
Good follow-up, monitoring and enforcement of assessments allow for ongoing improvement of the process, and ensure that the EA outcomes are considered in future assessments.
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10. Enforcement of Process
Enforcement of the process is crucial to ensure consistent and effective application by various government agencies and proponents, and to reduce litigation.
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11. Cumulative Effects
Cumulative effect assessment is a crucial planning tool in the context of project EAS; assessment of cumulative effects needs to be strengthened.
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12. Projects Outside Canada
Consensus regulations drafted by the Regulatory Advisory Committee address many of the shortcomings of what is currently proposed. This draft regulation should be re-examined.
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13. Value in Small Project EA
Unsustainable development is the product of many decisions, which in isolation, seem to have a small impact. To give up on considering the environmental implications of all decisions is to give up on sustainability.
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14. Duplication of Process
The concern over duplication is a red herring; there is every opportunity for "one project, one assessment". If jurisdictions decide on separate assessments, this is because a joint EA does not meet their decision-making needs; that is not duplication
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15. Crown Corporations
Crown corporations have a mandate to act in the public interest; they should be fully subject to CEAA, and should be leaders on good EA.
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16. Constitutional Authority
There is a constitutional obligation - and it is good public policy - to have a strong federal role in EA
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17. Cost of Not Doing EA
The cost of not doing EA generally is the cost of not achieving a sustainable society. Without effective EA, we cannot become sustainable. Costs include environmental, social and fiscal.
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18. Departmental Resources
More resources must be made available within the federal government to improve the implementation of CEAA.
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Readers
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Reference
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