Canadian Environmental Assessment Act

Canadian Environmental Assessment Act
Name	Canadian Environmental Assessment Act
Enacted by	Parliament of Canada
Date enacted	1992
Repealed	2012
Replaced by	Canadian Environmental Assessment Act, 2012
Jurisdiction	Canada

Canadian Environmental Assessment Act The Canadian Environmental Assessment Act was federal legislation enacted in 1992 to establish procedures for assessing environmental effects of designated projects in Canada. The Act sought to integrate environmental considerations into project planning involving federal authorities such as Department of Fisheries and Oceans (Canada), Natural Resources Canada, and Transport Canada. It operated alongside instruments like the Environmental Protection Act frameworks used in provinces such as Ontario and British Columbia and intersected with international obligations under treaties like the United Nations Framework Convention on Climate Change.

Background and Legislative History

The Act originated from policy debates during the tenure of Prime Minister Brian Mulroney and ministers including Jean Charest and responded to public pressure after controversies such as disputes over the Voisey's Bay mine and concerns raised by Friends of the Earth and David Suzuki Foundation. Drafting involved consultations with stakeholders including Indigenous and Northern Affairs Canada and organizations like the Canadian Environmental Law Association and was influenced by comparative models from statutes such as the National Environmental Policy Act in the United States and the Environmental Assessment Act in Australia. The 1992 enactment followed parliamentary review by the Standing Committee on Environment and Sustainable Development and judicial contexts like rulings from the Supreme Court of Canada shaping administrative law doctrine.

Scope and Key Provisions

The Act defined "environmental assessment" for designated projects overseen by federal authorities such as Parks Canada and Public Works and Government Services Canada. It outlined triggers tied to funding, permits, or federal lands involving agencies like Fisheries and Oceans Canada, Transport Canada, and Natural Resources Canada. Provisions required consideration of effects on matters protected under instruments including the Species at Risk Act and obligations under the Canadian Charter of Rights and Freedoms in procedural contexts affecting Indigenous rights under decisions like R v. Sparrow. The Act established screening, comprehensive study, and panel review pathways similar to processes applied by the Canadian Nuclear Safety Commission for nuclear facilities.

Assessment Process and Procedures

Project proponents submitted documentation to federal authorities such as Environment Canada and Indian and Northern Affairs Canada, initiating screening, comprehensive study, or environmental assessment panels conducted by bodies like the Canadian Environmental Assessment Agency. The procedures mandated public participation opportunities involving stakeholders including environmental non-governmental organizations and First Nations communities, and allowed referrals to joint review panels involving agencies including the National Energy Board for projects such as pipelines crossing interprovincial boundaries like those regulated by Enbridge. Timelines and decision-making followed administrative law standards influenced by cases like Dunsmuir v. New Brunswick and required consideration of cumulative effects similar to models used in Alberta resource planning.

Administration and Enforcement

Administration fell to the Canadian Environmental Assessment Agency which coordinated assessments with federal authorities including Fisheries and Oceans Canada and proponents such as multinational corporations like Vale and Suncor Energy. Enforcement mechanisms relied on statutory decision statements issued by responsible authorities and compliance monitoring akin to practices by the Environmental Protection Agency (United States) counterpart institutions. Legal challenges brought before courts such as the Federal Court of Canada and appeals to the Supreme Court of Canada shaped enforcement scope, while federal-provincial interactions involved agreements with provinces including Quebec and British Columbia for cooperative assessments.

Major Amendments and Repeal

Amendments during the administrations of Prime Ministers Jean Chrétien, Paul Martin, and Stephen Harper adjusted triggers, timelines, and procedural requirements and involved ministers such as Peter Kent and Jim Prentice. Significant reform culminated in repeal and replacement by the Canadian Environmental Assessment Act, 2012 following legislative action by the Parliament of Canada and debates in the House of Commons of Canada and the Senate of Canada. The repeal affected roles of regulatory bodies including the National Energy Board and prompted provincial reactions from governments like Alberta and Saskatchewan and input from industry groups such as the Canadian Association of Petroleum Producers.

Criticism and Legal Challenges

The Act faced criticism from groups including Greenpeace, David Suzuki Foundation, and the Council of Canadians for perceived weaknesses in cumulative effects assessment and consultation with First Nations referenced in rulings like Tsilhqot'in Nation v. British Columbia. Industry stakeholders such as Canadian Chamber of Commerce and proponents including TransCanada Corporation argued for streamlined processes. Litigation in forums such as the Federal Court and appeals to the Supreme Court of Canada tested duties of responsible authorities and standards of review, while academic critique from scholars at institutions like the University of Toronto and York University debated its effectiveness relative to international instruments including the Rio Declaration on Environment and Development.

Category:Environmental law in Canada Category:1992 in Canadian law