The CEAA and its Regulations

The Canadian Environmental Assessment Act (CEA Act) is the legal basis for the federal environmental assessment (EA) process in Canada. EAs help guide the decision-making process and map out the design and implementation of a proposed project before it proceeds.

The implementation of the CEA Act by federal authorities ensures that:

• Proposed projects are carefully reviewed before federal authorities take action, and do not cause significant negative environmental effects.
• There is an opportunity for public participation in the EA process.
• Development in Canada, or on federal lands, does not cause significant negative environmental effects in the surrounding areas.
• Federal authorities take actions that promote sustainable development.
• There is improved cooperation and coordination on EAs between federal and provincial governments, as well as enhanced communication and cooperation between federal authorities and Aboriginal Peoples.

To clarify when an EA is required and to facilitate implementation of the CEA Act, several key regulations were established. They include:

• Federal Authorities Regulations
• Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements
• Canada Port Authority Environmental Assessment Regulations
• Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations
• Projects Outside Canada Environmental Assessment Regulations

The links provided are for documents found on the Department of Justice web site. The Department of Justice is responsible for maintaining the Consolidated Statutes and Regulations for the Government of Canada. Please read the notices and disclaimers provided by the Department of Justice.

Although all these regulations are important to the functioning of the CEA Act, the following four regulations are essential to it. They are all used during the first step of an EA, which determines whether the proposed project actually triggers the legal requirement for a federal EA.

• Inclusion List Regulations contain a list of physical activities not relating to physical works that are specifically identified for the purpose of the definition of “project” under the CEA Act. The inclusion list identifies some types of physical activities that have the potential to cause significant negative effects. Part III pertains specifically to Nuclear and Related Facilities (s. 20-24).

• Law List Regulations provide a list of the federal statutory and regulatory approvals that “trigger” the need for an EA under the CEA Act. Typically, CNSC exercises regulatory duties in relation to proposed projects. CNSC triggers listed in the Law List Regulations are found in subsection 24(2) and paragraphs 37(2)(c) and 37(2)(d) of the Nuclear Safety and Control Act
• Exclusion List Regulations list certain projects that are generally related to physical works but are not foreseen to have significant environmental effects. These projects do not require an EA under the CEA Act, if they fall within these regulations. Part 4 pertains specifically to Nuclear Energy (s. 36-40).
• Comprehensive Study List Regulations contain a list of projects that require a comprehensive study. This type of EA is a more in-depth review, which includes all the factors required for a screening, as well as additional factors (such as alternatives to the project, or purpose and need for the project) and makes provisions for mandatory public participation and follow-up. Part VI pertains specifically to Nuclear and Related Facilities (s. 19).

The federal government has other EA cooperation agreements to help evaluate proposed projects. These agreements allow consistent information sharing, establish a single contact person, and promote effective and coordinated public consultation and communications – resulting in a timely, effective EA process that enables governments to meet their legal requirements.

EA cooperation agreements exist with British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec and the Yukon. An agreement with Newfoundland and Labrador has been in draft form since 2005. Copies of Federal-Provincial/Territorial EA agreements can be viewed on the Canadian Environmental Assessment Agency’s Web site.