Anaya Nolan
On June 21, 2019, Bill C-69, which proposed significant changes to federal regulatory regimes concerning environmental assessments of major projects in Canada, became law after receiving Royal Assent. This bill replaced the Canadian Environmental Assessment Act, 2012, with the Impact Assessment Act, which came into force on August 28, 2019. The Canadian Environmental Assessment Act, 2012, and its regulations formed the legal framework for federal environmental assessments in Canada, aiming to protect the environment and ensure sustainable development. Environmental assessments are conducted to identify, predict, and evaluate the potential environmental impacts of proposed projects.
| Characteristics | Values |
|---|---|
| Year of enactment | 2012 |
| Year of repeal | 2019 |
| Replaced by | Impact Assessment Act |
| Agency responsible | Canadian Environmental Assessment Agency (now the Impact Assessment Agency of Canada) |
| Other agencies involved | National Energy Board (now the Canada Energy Regulator), Canadian Nuclear Safety Commission, Offshore Boards |
| Purpose | To form the framework of law for federal environmental assessments in Canada |
| Objective | To protect the environment from significant adverse environmental effects caused by designated projects |
| Other objectives | - Ensure designated projects are carried out carefully and with precaution - Promote cooperation and coordination between federal and provincial governments - Communicate and collaborate with Indigenous peoples and the general public - Encourage federal authorities to promote sustainable development for a healthy environment and economy - Encourage further studies of the cumulative effects of physical activities in a region and incorporate these results in environmental assessments |
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What You'll Learn
The Canadian Environmental Assessment Act, 2012
There are two types of environmental assessment conducted under the CEAA 2012: environmental assessment by a responsible authority and environmental assessment by a review panel. A responsible authority can be the Agency, the National Energy Board, or the Canadian Nuclear Safety Commission. A review panel, on the other hand, is a group of independent and impartial experts appointed by the Minister of the Environment. Their work is supported by the Agency.
The CEAA 2012 outlines the framework of law for federal environmental assessments in Canada. The Act aims to protect the environment from significant adverse environmental effects caused by designated projects, ensure that designated projects are carried out in a careful and precautionary manner, promote cooperation and coordination between federal and provincial governments, and encourage the completion of environmental assessments in a timely manner.
The CEAA 2012 also encourages further studies of the cumulative effects of physical activities in a region and the consideration of these study results in environmental assessments. Additionally, it promotes communication and collaboration with Indigenous peoples and the general public, encouraging federal authorities to promote sustainable development for a healthy environment and economy.
The CEAA 2012 replaced the previous Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992. The new Act had some marked differences, including a more restrictive purpose, limiting assessments to designated projects listed in the Regulations Designating Physical Activities document (RDPA). The new Act also added the purpose of completing assessments in a timely manner and changed the timing of public participation during the assessment process.
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Federal environmental assessments
The CEAA 2012 was replaced by the Impact Assessment Act (IAA) on August 28, 2019, as part of Bill C-69, which received Royal Assent on June 21, 2019. This shift represented a significant change in how federal decisions are made regarding major resource development projects in Canada. The IAA established the Impact Assessment Agency of Canada, which leads federal reviews of major projects in collaboration with other bodies, including the Canadian Energy Regulator (formerly the National Energy Board), the Canadian Nuclear Safety Commission, and Offshore Boards.
The IAA introduces greater clarity and consistency to the environmental assessment process by providing interim principles for project reviews. It also shifts decision-making control from the Minister of the Environment to the new Impact Assessment Agency, empowering the Agency to determine what constitutes "meaningful" public participation. The IAA's focus on public engagement, partnerships with Indigenous peoples, timely decisions based on scientific and Indigenous knowledge, and sustainability reflects values important to Canadians.
While the IAA increases environmental and stakeholder engagement requirements, there were initial concerns from industries about potential regulatory uncertainties. The full impact of the IAA cannot be assessed until major projects undergo the new assessment process. The Government of Alberta also indicated its intention to challenge Bill C-69 in court, citing constitutional jurisdiction over the development of natural resources. Despite these concerns, the IAA represents a step towards improving rules for major projects, protecting the environment, fish, and waterways, and rebuilding public trust in resource development decisions.
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The Impact Assessment Act
Environmental assessments in Canada are conducted under the Canadian Environmental Assessment Act, 2012 (CEAA 2012). The CEAA 2012 forms the framework of law for federal environmental assessments in Canada.
The IAA also recognises the importance of regional assessments in understanding the effects of existing or future physical activities and strategic assessments in assessing federal policies, plans, or programs relevant to conducting impact assessments. The Act defines "sustainability" as the ability to protect the environment, contribute to the social and economic well-being of Canadians, and preserve their health for present and future generations.
The IAA provides a process for impact assessments, with guidance documents supporting project proponents and impact assessment practitioners in understanding the requirements of the Act. The Canadian Impact Assessment Registry is established under the IAA to manage information related to impact assessments.
The IAA has undergone amendments to ensure compliance with the Supreme Court of Canada's decision on its constitutionality. The amendments reflect the Canadian government's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples and ensuring respect for the rights of Indigenous peoples recognised by the Constitution Act, 1982.
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The National Energy Board Act
The Canadian Environmental Assessment Act, 2012 (CEAA 2012) and its regulations form the framework of law for federal environmental assessments in Canada. The Act was last amended on 28 August 2019.
The NEB dealt with approximately 750 applications annually, through written or oral proceedings. The Board approved pipeline traffic, tolls and tariffs under the authority of the National Energy Board Act. On 28 August 2019, the NEB Act was repealed by the coming into force of the Canada Energy Regulator Act (CER Act). The CER Act creates the new Canada Energy Regulator and repeals the National Energy Board Act. The CER would be located in Calgary, replacing the NEB.
The Minister of Natural Resources has been mandated by the Prime Minister to modernise the NEB and to ensure its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development, and Indigenous traditional knowledge. The Government of Canada is proposing to create the CER, a new, modern and world-class federal energy regulator with the required independence and the proper accountability to oversee a strong, safe and sustainable Canadian energy sector.
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The Navigation Protection Act
The Canadian Environmental Assessment Act, 2012 (CEAA 2012) and its regulations form the framework of law for federal environmental assessments in Canada. The act was last amended in 2019.
In 2015, the Minister of Transport and the Minister of Fisheries, Oceans, and the Canadian Coast Guard were tasked with reviewing the previous government's changes to the Navigable Waters Protection Act, with the goal of restoring lost protections and incorporating modern safeguards. The federal government introduced Bill C-69, which made amendments to the Canadian Navigation Protection Act and renamed it the Canadian Navigable Waters Act. However, the amendments in Bill C-69 were criticized for not adequately restoring the lost protections of waterways and excluding environmental values.
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Frequently asked questions
Environmental assessment became law in Canada in 2012 with the Canadian Environmental Assessment Act, 2012 (CEAA 2012).
The Canadian Environmental Assessment Act, 2012 (CEAA 2012) and its regulations form the framework of law for federal environmental assessments in Canada.
The purpose of the Act is to protect the environment from significant adverse environmental effects caused by designated projects, ensure that projects are carried out in a careful and precautionary manner, promote cooperation between federal and provincial governments, collaborate with Indigenous peoples and the general public, ensure timely environmental assessments, encourage federal authorities to promote sustainable development, and encourage further studies of the cumulative effects of physical activities in a region.
Environmental assessments under the Act are conducted by either a "responsible authority", one of three federal agencies including the Canadian Environmental Assessment Agency (now the Impact Assessment Agency of Canada), or a review panel of independent and impartial experts appointed by the Minister.
Yes, the Act was amended in 2019 with Bill C-69, which proposed sweeping reforms to federal regulatory regimes concerning the environmental assessment of major projects in Canada. The Act was replaced with the Impact Assessment Act, which created the Impact Assessment Agency of Canada.
