Canadian Environmental Assessment Act, 2012

Canadian Environmental Assessment Act, 2012
Name	Canadian Environmental Assessment Act, 2012
Enacted by	Parliament of Canada
Territorial extent	Canada
Enacted	2012
Repealed by	Impact Assessment Act
Status	repealed

Canadian Environmental Assessment Act, 2012 The Canadian Environmental Assessment Act, 2012 was federal legislation that reformed environmental review for projects in Canada by altering the statutory framework established by the Canadian Environmental Assessment Act, 1992, impacting federal departments such as Transport Canada, Fisheries and Oceans Canada, and agencies including the Canadian Environmental Assessment Agency and the National Energy Board. The Act drew attention from stakeholders including First Nations, industry groups like the Canadian Association of Petroleum Producers, environmental organizations such as David Suzuki Foundation and World Wildlife Fund Canada, as well as provincial governments including Ontario and Alberta.

Background and Legislative History

The Act originated in the minority Conservative Party of Canada government led by Stephen Harper following policy reviews that referenced reports by the House of Commons Standing Committee on Environment and Sustainable Development and consultations with entities like the Business Council of Canada and the Assembly of First Nations. It replaced the Canadian Environmental Assessment Act, 1992 after debates in the House of Commons of Canada and the Senate of Canada, and received royal assent amid controversies mirrored in cases involving Northern Gateway Pipelines and decisions by the Federal Court of Appeal. Internationally, commentators compared it to environmental statutes such as the National Environmental Policy Act of the United States and environmental assessments under the European Union frameworks.

Scope and Key Provisions

The Act narrowed the scope of federal environmental assessment by limiting the range of projects subject to review and by defining triggers linked to authorities such as Fisheries and Oceans Canada authorizations and Canadian Navigable Waters Act considerations. It established thresholds for project lists similar to regulatory approaches used by Natural Resources Canada and gave discretion to the Minister of the Environment and the President of the Treasury Board of Canada to determine whether assessments were required. Provisions altered public participation mechanisms previously exercised by groups like Environmental Defence and reduced automatic federal review for projects regulated primarily by provincial entities such as the Government of British Columbia or Government of Quebec.

Assessment Process and Decision-Making

Under the Act, timelines and substitution arrangements were emphasized, enabling substitution agreements with provinces including Saskatchewan and Newfoundland and Labrador and coordination with federal panels such as those convened by the Canadian Environmental Assessment Agency. The legislation prioritized "designated project" lists overseen by federal authorities like the National Energy Board (later Canadian Energy Regulator) for pipelines and incorporated mechanisms for expert technical review comparable to processes in Australia and New Zealand. The role of impact statements, mitigation measures, and follow-up requirements intersected with mandates of Health Canada, Parks Canada, and regulatory permits issued by Natural Resources Canada.

Governance, Responsibilities, and Institutions

Implementation engaged institutions across the federal landscape: the Minister of the Environment, the Canadian Environmental Assessment Agency, the National Energy Board, and portfolio departments such as Environment and Climate Change Canada and Transport Canada. It affected Indigenous consultation responsibilities involving bodies like the Royal Commission on Aboriginal Peoples and modern agreements with Inuit Tapiriit Kanatami and the Métis National Council, intersecting with duties under the Constitution Act, 1982 and jurisprudence from the Supreme Court of Canada including decisions that referenced consultation obligations. Administrative coordination involved intergovernmental forums such as the Council of the Federation.

Legal Challenges and Repeals/Replacement

The Act prompted litigation in courts including the Federal Court and the Federal Court of Appeal, with cases that engaged principles from decisions by the Supreme Court of Canada on regulatory authority and consultation. Criticism from opposition parties like the Liberal Party of Canada and civil society groups culminated in legislative reform after the 2015 Canadian federal election and the Liberal government of Justin Trudeau introduced the Impact Assessment Act to replace it. Debates involved comparisons to provincial statutes such as the Alberta Environmental Protection and Enhancement Act and international precedents like the European Union Environmental Impact Assessment Directive.

Environmental and Socioeconomic Impacts

Analyses by academic institutions such as the University of Toronto and policy groups including the Fraser Institute assessed the Act's effects on resource projects like the Keystone XL pipeline (internationally referenced) and domestic developments in the Athabasca oil sands, with implications for biodiversity in areas overseen by Parks Canada and fisheries managed by Fisheries and Oceans Canada. Stakeholders—ranging from the Canadian Manufacturing Coalition to conservation NGOs like Nature Conservancy of Canada—reported that narrowed review scope altered investment timelines, Indigenous consultation outcomes, and public confidence in assessments, while proponents argued for increased regulatory certainty akin to reforms in Norway and United Kingdom regimes.

Category:Canadian federal legislation Category:Environmental law in Canada Category:2012 in Canadian law