The Environment and Torts Flashcards
Criteria for an Environmental Impact Statement
You must have a yes for all these criteria to lead to the creation of an EIS Statement.
- Is there a federal agency involved? (sending permits etc.)
- Is there a proposal?
- Is there a major federal action?
- Do any exceptions apply?
- Will there be a significant effect on the human environment?
Which agencies are responsible for engaging with EIAs in Canada?
- Canada Nuclear Safety Commission
- National Energy Regulator
- Canadian Environmental Assessment Agency
Review Panel
The Minister of Environment may refer the EIA of a proposed project to a review panel full of scientists and experts. The Provincial government is allowed to conduct their own EIA as well, in that event often times there will be a Joint Review Panel full of scientists and experts that come from both governments.
EIA Provincial or Federal
If there is an understanding that the Provincial Government is willing to conduct an environmental investigation equivalent to that of an EIA, the federal government can grant them the authority to do so. To do this implicitly however is not enough. In order to formalize the change in investigative research a Memorandum of Understanding must be signed (MOU), this is similar to a gentlemans agreement.
AER enviornmental assessments
As of 2014, the AER has become responsible for conducting environmental assessments with respect to resources and energy: Coal, Gas, and Oil.
Tenures
Tenures in forestry and other environmental agreements do not require EIAs as the assumption is that an environmental assessment was implicitly done at the time of granting a permit.
When is the CEAA triggered?
It is triggered whenever a federal agency is involved in a project. This includes proposing said project, proving financial assistance to enable the project, sell lease or transfer control of federal land,and provide a licence and a permit.
Nature of EIA in Canada
Similar to the AER and how they deal with claims, most proposed projects in Canada tend to move forward. This is because there is an economic and political benefit to development. An EIA may change the nature of the process however as it attempts to minimize damage.
Exceptions to EIA
There are many exceptions to an EIA in Canada. One includes the building of anything for Canada in a state or emergency. A highway that promotes international trade between Windsor and Detroit would likely be developed without an EIA because trade is so important for our nation.
Other exceptions include:
- Rapid Transit Construction
- Building for cultural, recreational, heritage, artistic, tourism, sporting or other community events
- Municipal Parking Lots
- Public Highways
CEAA and EIA Accountability
On the plus side, if you disagree with an EIA and the ruling of an EIA you can attempt to take the ruling for Judicial Review
EIA Changes
in 2009, the Federal Government changed the restrictions for the EIA making them less restrictive to allow less EIAs and more development.
Eventually this caught up to them when in 2010 in the Mining Watch Canda v. Canada case, the SC said you cannot just focus on a less relevant aspect of EIA to increase your public approval. You have to do an extensive and comprehensive EIA.
The Federal Government just decided to change the federal legislation in 2010 such that they could do whatever they want.
Precautionary Principle
Unfortunately, the Precautionary principle is not well applied in regarsd to EIA and EIS and as a result many things move forward without our full understanding of what will happen, and without measures to minimize the damage.
