Chapter 7 - Environmental Assessment Flashcards
Define Environmental Assessment Law:
Law requiring careful attention to environmental considerations in the planning and approval of new undertakings.
What is the Wreck Cove Hydroelectric Power Project an example of?
One of the first formal environmental assessment reviews in Canada.
What is NEPA?
National Environmental Policy Act (1969)
What legislation was Environmental Assessment Law born from?
In the US NEPA (1969)
What is the EARP?
Environmental Assessment and Review Process
Environmental assessment law is ________________
anticipatory
What are the two key aspects of Environmental Assessment Law?
- Aims to avoid/minimize environmental damage
by changing the nature of project planning,
design, and implementation - Environmentally significant projects should
consider environmental issues from project
conception
What is the intent of the NEPA?
Proponents were required to carry out environmental assessments before finalizing decisions to proceed
True or false: The NEPA (1969) did not lead to an enforceable decision.
True
What types of effects does NEPA include?
- Social
- Economic
- Biophysical
In Canada, when was policy based environmental assessment introduced?
1972
What is the EARP-GO?
Environmental Assessment and Review Process Guidelines Order
When was EARP-GO issued?
1984
In the EARP-GO, what are orders and guidelines?
“Order” was meant to sound firm, but “guideline” was flexible
What event led to the federal authorities legally obliged to apply the guidelines order?
Canadian Wildlife Federation Inc. v. Canada (Minister of the Environment) (1989)
When was the Canadian Environmental Assessment Act proclaimed?
1995
When was the Ontario Environmental Assessment Act?
1975
True or false: The Ontario Environmental Assessment Act led to an enforceable decision, whereas NEPA did not.
True
_________- laws now in every
province and territory, but no two processes are identical
Environmental assessment
What are four key questioned that are addressed in impact assessment?
- What undertakings will be subject to assessment obligations?
- What is the nature and scope of factors that must be addressed?
- How will effective government and public review of the assessment findings be ensured?
- How will the results influence decision- making on final design, approval, and implementation?
What three key features are common among all environments assessment law?
- define administrative mandates
- set out processes and procedures
- provide for details to be specified in regulations
Most environmental laws include what two streams?
- Relatively quick assessments
- Demanding assessments
True or False: All serious environmental assessment laws require the work completed before irrevocable decisions are made.
True
What do environmental assessment processes determine?
whether the proposed undertaking is “acceptable”
- Are “significant” adverse effects anticipated and, if so, can they be “justified in the circumstances”?
What two factors set “advanced” environmental assessment processes at a higher standard of acceptability?
- Requires a comparative evaluation of the reasonable alternatives
- Seeks to identify the option that promises the greatest overall contribution to long term well- being
What is the CEAA and when was it introduced?
Canadian Environmental Assessment Act (1995)
The CEAA was replaced by the _________ in _________.
Impact Assessment Act, 2019
What was the CEAA criticized for?
For unnecessarily delaying development, as well as duplication/overlap between federal and provincial assessment requirements
What did the 2012 changes to the CEAA involve?
- Focus placed more narrowly on matters of exclusive federal jurisdiction
- Consolidation of decision-making authority in three agencies
- Specification of time limits for particular review process components
- Provided for the substitution of provincial processes
- Provisions for the exercise of ministerial discretion
What there much change from the replacement of the 2012 CEAA to the IAA?
Yes:
- Focus on comprehensive sustainability-based assessment
- Stronger language respecting Indigenous rights and knowledge, engagement, and joint assessment
- Earlier consultations
- Provisions for regional and strategic assessments
- Requirements to consider effects on Canada’s environmental obligations and climate change commitments
What is the purpose of the Ontario Environmental Assessment Act?
Applies to all undertakings governments (unless exempt) and designated private sector undertakings
What does the Ontario Environmental Assessment Act include?
- Biophysical
- Social
- Economic
- Cultural factors and interrelations
True or false: In the Ontario Environmental Assessment Act, projects are subject to public as well as government reviews
True
Territories and northern Quebec assessment processes
based on _______________.
land claim agreements
How are assessment processes conducted in Territories and northern Quebec?
Co-governance assessment processes under Indigenous and federal/territorial jurisdiction
Quebec’s __________ applies broadly scoped assessment requirements
Environmental Quality Act
Which Canadian provinces/territories retain a focus only on biophysical effects?
NB, PEI and SK
_________________implements the UN Declaration on the Rights of Indigenous Peoples
BC’s Environmental Assessment Act (2018)
What are some factors experts and practitioners hope to be in future impact assessments?
- new or greater emphasis on assessment of strategic-level undertakings
- more effective attention to cumulative and interactive effects
- increased respect for complexity and uncertainty
- greater reliance on informed public engagement
Increasing efficiency and effectiveness can be achieved by _________________ where it can bring major improvements
strengthening assessment
