Intro to ELR451 Flashcards
What is the Environmental Assessment Act for?
Preventing environmental damage; Providing law and framework proponents have to follow
When does a Canadian (federal) environmental assessment apply?
When a project is:
- Proposed/funded by federal authorities
- Uses federal lands
- Impacts Aboriginal peoples
- Requires other federal regulatory approvals?
- Typically for physical projects, but could also be for strategic documents of national significance
Who typically administers Canadian (federal) environmental assessments?
The CEAA (Canadian Environmental Assessment Agency)
What’s another word for an “Act”?
A statute
What are two Processes for an EA?
- Screening
2. Mandatory Comprehensive Assessment (less common)
After making info available to the public, how long does the Agency have to make a decision?
45 days
*What is the first step in the Ontario EA process?
- Terms of Reference submitted by proponent
*What is the first step in the Canadian (federal) EA process?
- Submit a project description to the Canadian Environmental Assessment Agency
What are the (9) steps in an Ontario Environmental Assessment? (This is a long one)
- Proponent submits the Terms of Reference
- Proponent Prepares an EA report
- Proponent submits EA report
- Ministry coordinates public, Aboriginal, and gov’t comments
- Ministry preps the ministry review
- Public inspection of the Ministry Review
- Minister’s decision –> May be bumped to a tribunal
- Proponent Implements the Project
- Proponent monitors for compliance
What is a class environmental assessment, and when it is used? Give an example.
- A type of streamlined EA with streamlined self-assessment options
- a Class EA is the terms of reference
-class EA is used for a group of routine projects where the impacts are mitigatable or manageable
one eg: Remedial Fluid and Erosion Control projects
What does a “bump up request” do?
Negates the streamlined process :C
During Part II Minister’s order (bump up request ?), what are decisions a Minister could make regarding the EA?
The Minister’s Options:
- Deny the Part II Order request.
- Impose conditions to avoid outright denial of the assessment.
- Refer to mediation.
- Require that an individual EA be prepared.
Name as many of the 7 Public Participation Rights as you can.
- Right to receive notice and make comments
- Request a review of existing laws, instruments, policies
- Request an appeal of an approval
- Use Courts and Tribunal to protect the environment
- Request an investigation (Anybody can sue. Note: Defendant providing due diligence is a valid defense)
- Removing public nuisance barrier
- Whistleblower (prohibits employer reprisals against people who seek enforcement)
What does the ‘Whistleblower’ right do?
prohibits employer reprisals against people who seek enforcement
What is ‘the freedom of information’?
- Access to information on public institutions
- Access to info on private legal cases:
1 - Right to Notice and disclosure (a case against them)
2 - Environmental Statutes (there are procedures to determine if info can be diclosed)
