3 - Impact Assessment in Canada Flashcards
What is the EARP?
Environmental Assessment Review Process
What was the Berger Inquiry?
An inquiry along the Mackenzie River in the 1970s to develop a pipeline corridor.
Why was the Berger Inquiry significant?
Because on the way Berger collaborated and listened to the Indigenous peoples of the area to fully understand the scope of the projects potential impact.
What are the 5 simplified steps of the Federal Impact Assessment Act?
- Planning
- Impact Statement
- Impact Assessment
- Decision-Making
- Post-Decision
What does UNDRIP stand for?
United Nations Declaration on the Rights of Indigenous Peoples
Define Screening:
Narrowing the application of EA to projects that require assessment because of the potential for adverse effects or because EA is required by way of certain regulations.
Define a Project List:
A negative list outlining projects for which an EA is not required, and projects that have either mandatory or discretionary requirements for EA.
What are Designated Activities?
Projects for which an EA is required.
When did the Mackenzie Valley / Berger Inquiry happen?
1970
Define Cumulative Effects:
The combined effects of existing conditions and known future conditions
What is the CEAA?
Canadian Environmental Assessment Act
What is the IAA?
Impact Assessment Act
What are some purposes of the IAA? (According to the IAAC)
- Sustainability
- Respect the rights of Indigenous peoples
- Protecting environment, health, social and economic conditions.
What are the 5 IAA Federal processes?
- Planning
- Impact Statement
- Impact Assessment
- Decision-Making
- Post-decision
What is the Planning (1) stage triggered by in the federal process?
Triggered by filing of the initial project description.
Define an Impact Statement (2) in terms of the federal process:
Detailed technical statement prepared by the proponent as outlined in the Tailored Impact Statement Guidelines
What is an Impact Assessment (3) in terms of the federal process?
Analysis of the impact statement
In what stage does the Agency drafts an IA reported that summarized the process, evidence and comments received – sufficient to inform the decision required of the minister>
Impact Assessment
What must the Minister determine during the decision making stage of the federal process?
- If adverse effects are within federal jurisdiction
- If the crown duty to consult and accommodate has been fulfilled.
What must Public Determination be based on?
The report with respect to the IA and a consideration of several factors
Who is responsible for developing and carrying out the follow up and monitoring during the post-decision stage of the federal process?
The Proponent
What is the EARP?
Environmental Assessment and Review Process
Is the EARP provincial or federal?
Provincial
Is the IAA Provincial or Federal?
Federal
When was the EARP adopted?
1975
What legislation was the EARP entrenched in?
The Environment Act (1988)
What is the purpose of the Environment Act?
The intent of the act is to develop and maintain an environmental management system in Manitoba
What are the three classes of projects in the provincial legislation?
- Class 1: Low Impact
- Class 2: Moderate Impact
- Class 3: High Impact
For Low Impact IAs, what kind of engagement is required?
Minimal
True or False: Class 1 (Low Impact) IAs generally fall within existing standard and regulations.
True.
Do Class 2 (Moderate Impact) require an IA?
Yes, requires an EIA or comprehensive study of impacts to air, water, wildlife, vegetation, and land use and associated mitigation measures
Who are often involved n Class 2 IAs?
Provincial and Federal departments
What must the comprehensive project description for a Class 3 IA include?
Economicand social information about the department
What type of followup and monitoring is required for Class 3 IAs?
Long-term
What is the CEC?
Clean Environment Comission
What does the MB CEC do?
Provide opportunities for Manitobans in the protection of the environment.
What type of forum does the CEC provide?
Public forum for participation in the EA process.
What are the 4 roles in the CEC process?
- Review Panel
- Proponent
- Participants
- Presenters
What is the role of the Review Panel in the CEC process?
Hearing information from all parties, consider the information, and then make recommendations to the Minister
What is the role of the Proponent in the CEC process?
Submits an EIS as part of the evidence considered by the Review Panel and open the public comment / review
What is the role of the Participants in the CEC process?
Bring forward information in the process
This information becomes part of the public record of the project.
Participants must participate in things like pre-hearing activities, including written submissions to the Panel
What is the role of the Presenters in the CEC process?
Groups or individuals who don’t have the same information or time as participants but want to be included in the process
What is an example of a recent CEC process in MB?
Sio Silica Sands: Silica sand development in southeastern, MB.
- Up to 7,700 wells south and east of Winnipeg over the next 24 years to generate silica sand (Used in solar panels, semiconductors, and new batteries)
Why are there Indigenous Led Assessments?
Because of the “Inability of settler law… to protect (the) constitutionally recognized Aboriginal and Treaty rights”