It has been clear for years that the old Environmental Assessment Act, which demanded thousands of low-risk environmental “screenings,” was inherently flawed. The independent Environment Commissioner stated in both 2009 and 2012 that nearly all of them dealt with projects unlikely to cause adverse environmental affects or pose significant environmental risks. He stated, very clearly, that our resources could be much more appropriately focused on major projects that presented possible significant environmental impact.
In addition, the projects in question are still subject to strong federal environmental protection laws and regulations including: the Canadian Environmental Protection Act, the Fisheries Act, the Migratory Birds Convention Act, and the Species at Risk Act. Many projects are also subject to provincial certificates of approval, permits for emissions of air and water and waste management, and local municipal permits. Furthermore, where the projects are on federal land, the federal authority has an obligation under the new environmental assessment legislation to ensure there are no significant adverse environmental effects.
The “screenings” designation under the old Environmental Assessment Act captured thousands of small and routine projects with little risk of significant environmental impact. These minor projects were automatically required to undergo an environmental assessment under the old act because the project was on federal land, included federal funds, or tripped another similar “trigger.” Rather than focusing on these minor projects, our government has decided to focus federal environmental assessment efforts on major projects with significant negative impact and risk to the environment.
Finally, there is a safety-net authority built into our plan. As federal Environment Minister, I can require an environmental assessment for any exceptional project not identified in the new project list. For example: a relatively routine type of project in a proposed location of significant environmental risk.
Peter Kent,
Federal Environment Minister