2019–2020 Departmental Plan: Raison d’être, mandate and role

Raison d’être

Environmental assessment contributes to informed decision-making in support of sustainable development.

The Canadian Environmental Assessment Agency delivers high-quality EAs in support of government decisions about major projects.

Mandate and role

EAs inform government decision making and support sustainable development by identifying opportunities to eliminate, reduce or manage a project’s potential adverse impact on the environment before the project is undertaken, and by ensuring that mitigation measures are applied if a project is allowed to proceed.

The Canadian Environmental Assessment Act, 2012 (CEAA 2012) and its accompanying regulations provide the legislative framework for EAs. EAs consider whether “designated projects” are likely to cause significant adverse environmental effects that fall within federal legislative authority. Assessments are conducted by one of three responsible authorities: the Agency, the Canadian Nuclear Safety Commission or the National Energy Board. CEAA 2012 requires that opportunities for public participation be provided during environmental assessments and that participant funding and a public registry, including an Internet site, be established. CEAA 2012 also defines the roles and responsibilities of the Agency, the other responsible authorities, decision makers and project proponents ^Footnote 1.

When the Agency is the responsible authority, it determines whether an EA is required for a designated project and conducts the EA in accordance with the procedures and timelines set out in CEAA 2012. The Agency advises the Minister of Environment and Climate Change on establishing independent review panels to conduct EAs for certain projects. When an EA is referred to a review panel, the Agency provides support to the review panel. The Agency is also responsible for managing the EAs of most projects that continue to be assessed under the former Canadian Environmental Assessment Act, in accordance with the transitional provisions of CEAA 2012.

The Agency advises the Minister of Environment and Climate Change in fulfilling her responsibilities under CEAA 2012, including exercising her power to designate a physical activity that is not prescribed by regulations, determining the significance of the effects of projects and issuing EA decision statements with legally binding and enforceable conditions at the conclusion of the EA process.

For designated projects for which it is the responsible authority, the Agency promotes compliance with CEAA 2012, and takes action as required to ensure proponents comply with the legislation’s requirements and the conditions included in a decision statement. Upon completion of an EA, a decision statement is issued that states whether the proposed project is likely to cause significant adverse environmental effects. It includes conditions, consisting of mitigation measures and a follow-up program that the proponent must fulfil should the project be allowed to proceed.

The Agency coordinates with provinces and territories to deliver timely and efficient EAs, and advises the Minister of Environment and Climate Change on requests to substitute the CEAA 2012 process with the EA process of another jurisdiction. Additionally, the Agency—independently and in collaboration with partners—conducts research to support high-quality EAs and develops effective EA policies and practices.

The Government of Canada takes a whole-of-government approach to Indigenous consultation in the context of EAs, to ensure that Indigenous groups are adequately consulted and, where appropriate, accommodated when the Crown (federal government) contemplates actions that may adversely impact potential or established Aboriginal or treaty rights. The Agency serves as the Crown consultation coordinator to integrate the Government of Canada’s Indigenous consultation activities into the EA process, for EAs conducted by a review panel and for EAs for which the Agency is responsible.

The Agency leads federal project review activities under the environmental and social protection regimes set out in sections 22 and 23 of the James Bay and Northern Quebec Agreement and in the Northeastern Quebec Agreement. The James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement are constitutionally protected comprehensive land claim agreements. The Agency supports its President who, as the Federal Administrator, must review and determine whether projects of a federal nature proposed under the James Bay and Northern Quebec Agreement or Northeastern Quebec Agreement should proceed and, if so, under which conditions.

The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals establishes a self-assessment process for federal departments and agencies to conduct a strategic EA of a policy, plan, or program proposal. The Agency supports the Minister of Environment and Climate Change in promoting the application of the Directive, and provides federal authorities with advice, training and guidance upon request.

For more information about the Agency, see the “Supplementary information” section of this report. For more information on the Agency’s organizational mandate letter commitments, see the Minister’s mandate letter.^Endnote i