Chapter 7 - Environmental Assessment

Question 1

Define Environmental Assessment Law:

Answer 1

Law requiring careful attention to environmental considerations in the planning and approval of new undertakings.

Question 2

What is the Wreck Cove Hydroelectric Power Project an example of?

Answer 2

One of the first formal environmental assessment reviews in Canada.

Question 3

What is NEPA?

Answer 3

National Environmental Policy Act (1969)

Question 4

What legislation was Environmental Assessment Law born from?

Answer 4

In the US NEPA (1969)

Question 5

What is the EARP?

Answer 5

Environmental Assessment and Review Process

Question 6

Environmental assessment law is ________________

Answer 6

anticipatory

Question 7

What are the two key aspects of Environmental Assessment Law?

Answer 7

• Aims to avoid/minimize environmental damage
  by changing the nature of project planning,
  design, and implementation
• Environmentally significant projects should
  consider environmental issues from project
  conception

Question 8

What is the intent of the NEPA?

Answer 8

Proponents were required to carry out environmental assessments before finalizing decisions to proceed

Question 9

True or false: The NEPA (1969) did not lead to an enforceable decision.

Answer 9

True

Question 10

What types of effects does NEPA include?

Answer 10

• Social
• Economic
• Biophysical

Question 11

In Canada, when was policy based environmental assessment introduced?

Answer 11

1972

Question 12

What is the EARP-GO?

Answer 12

Environmental Assessment and Review Process Guidelines Order

Question 13

When was EARP-GO issued?

Answer 13

1984

Question 14

In the EARP-GO, what are orders and guidelines?

Answer 14

“Order” was meant to sound firm, but “guideline” was flexible

Question 15

What event led to the federal authorities legally obliged to apply the guidelines order?

Answer 15

Canadian Wildlife Federation Inc. v. Canada (Minister of the Environment) (1989)

Question 16

When was the Canadian Environmental Assessment Act proclaimed?

Answer 16

1995

Question 17

When was the Ontario Environmental Assessment Act?

Answer 17

1975

Question 18

True or false: The Ontario Environmental Assessment Act led to an enforceable decision, whereas NEPA did not.

Answer 18

True

Question 19

_________- laws now in every
province and territory, but no two processes are identical

Answer 19

Environmental assessment

Question 20

What are four key questioned that are addressed in impact assessment?

Answer 20

1. What undertakings will be subject to assessment obligations?
2. What is the nature and scope of factors that must be addressed?
3. How will effective government and public review of the assessment findings be ensured?
4. How will the results influence decision- making on final design, approval, and implementation?

Question 21

What three key features are common among all environments assessment law?

Answer 21

• define administrative mandates
• set out processes and procedures
• provide for details to be specified in regulations

Question 22

Most environmental laws include what two streams?

Answer 22

1. Relatively quick assessments
2. Demanding assessments

Question 23

True or False: All serious environmental assessment laws require the work completed before irrevocable decisions are made.

Answer 23

True

Question 24

What do environmental assessment processes determine?

Answer 24

whether the proposed undertaking is “acceptable”

• Are “significant” adverse effects anticipated and, if so, can they be “justified in the circumstances”?

Question 25

What two factors set "advanced" environmental assessment processes at a higher standard of acceptability?

Answer 25

1. Requires a comparative evaluation of the **reasonable alternatives** 2. Seeks to identify the **option** that promises the greatest overall contribution to **long term well- being**

Question 26

What is the CEAA and when was it introduced?

Answer 26

Canadian Environmental Assessment Act (1995)

Question 27

The CEAA was replaced by the _________ in _________.

Answer 27

Impact Assessment Act, 2019

Question 28

What was the CEAA criticized for?

Answer 28

For unnecessarily **delaying development**, as well as **duplication/overlap** between federal and provincial assessment requirements

Question 29

What did the 2012 changes to the CEAA involve?

Answer 29

- Focus placed more narrowly on matters of exclusive federal jurisdiction - Consolidation of decision-making authority in three agencies - Specification of time limits for particular review process components - Provided for the substitution of provincial processes - Provisions for the exercise of ministerial discretion

Question 30

What there much change from the replacement of the 2012 CEAA to the IAA?

Answer 30

Yes: - Focus on comprehensive sustainability-based assessment - Stronger language respecting Indigenous rights and knowledge, engagement, and joint assessment - Earlier consultations - Provisions for regional and strategic assessments - Requirements to consider effects on Canada’s environmental obligations and climate change commitments

Question 31

What is the purpose of the Ontario Environmental Assessment Act?

Answer 31

Applies to all undertakings governments (unless exempt) and designated private sector undertakings

Question 32

What does the Ontario Environmental Assessment Act include?

Answer 32

- Biophysical - Social - Economic - Cultural factors and interrelations

Question 33

True or false: In the Ontario Environmental Assessment Act, projects are subject to public as well as government reviews

Answer 33

True

Question 34

Territories and northern Quebec assessment processes based on _______________.

Answer 34

land claim agreements

Question 35

How are assessment processes conducted in Territories and northern Quebec?

Answer 35

Co-governance assessment processes under Indigenous and federal/territorial jurisdiction

Question 36

Quebec’s __________ applies broadly scoped assessment requirements

Answer 36

Environmental Quality Act

Question 37

Which Canadian provinces/territories retain a focus only on biophysical effects?

Answer 37

NB, PEI and SK

Question 38

_________________implements the UN Declaration on the Rights of Indigenous Peoples

Answer 38

BC’s Environmental Assessment Act (2018)

Question 39

What are some factors experts and practitioners hope to be in future impact assessments?

Answer 39

- new or greater emphasis on assessment of strategic-level undertakings - more effective attention to cumulative and interactive effects - increased respect for complexity and uncertainty - greater reliance on informed public engagement

Question 40

Increasing efficiency and effectiveness can be achieved by _________________ where it can bring major improvements

Answer 40

strengthening assessment