Environmental Review Process. Presented by Environment and Natural Resource Unit, Lands and Economic Development, BC Region

Transcription

1 Environmental Review Process Presented by Environment and Natural Resource Unit, Lands and Economic Development, BC Region

2 Outline 1. Overview of the Canadian Environmental Assessment Act (CEAA) 2. Indigenous and Northern Affairs Canada (INAC) Process What is a Project? 3. INAC Environmental Review Process 4. Case Study Area 27 Commercial Lease 5. Questions?

3 CEAA Introduction This presentation relates to the amendments made to the Canadian Environmental Assessment Act (CEAA) in 2012 and Indigenous and Northern Affairs Canada (INAC) changes in response to it. The Canadian Environmental Assessment Agency (CEA) has expertise on the changes made in 2012 Information presented today is based on CEA advice Specific questions regarding CEAA should be directed to

4 CEAA 2012 Changes Amendments to the Canadian Environmental Assessment Act, 2012 came into effect on July 2012 Change in focus to Larger Projects with potential for significant environmental effects Each Department was required to develop their own process for smaller Projects Definition of Environmental Effects has been clarified

5 CEAA What are the Differences? Pre All Large, Medium and Small Scale Projects all underwent Environmental Assessments (EA s) prescribed by the CEAA 2. No flexibility in scope of assessment (ie: broad scope) 3. Screenings lowest level of assessment Project Size Minimal Environmental Impact 4. No reporting requirements to Parliament and defined timelines

6 CEAA What are the Differences? Post 2012 Focus is on Larger Projects Process that incorporates service standards aims to make things simpler, more effective and with less cost Annual reporting requirement by each department to Parliament for medium and small projects is established in the new Act

7 CEAA What are the Differences? Post 2012 Only Large Major Projects on the Project List will undergo an environmental assessment under CEAA Higher Risk or Large Projects may include: Mines Pipelines Liquid Natural Gas Developments (LNG) Large Hydro Facilities

8 CEAA What are the Differences? Post 2012 INAC reviews Smaller Projects and reports to Parliament directly on its decisions Medium or Moderate-Risk Projects Industrial Facilities Eg: Sawmill / Sewage Treatment Facility Multi Development / Multi Phase Small Scale Projects Streamlined Approach Smaller Commercial / Residential Construction New Bridges Minor Risk Projects now excluded

9 CEAA 2012 Section 67 An authority must not carry out a project on federal lands, or exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands, unless (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances under subsection 69(3).

10 CEAA 2012 What Determines Significance? 1. Project Location 2. Project Size (Footprint, Capacity) 3. Project Duration & Timing 4. Environmental Site Sensitivities 5. Permanent versus Temporary Impacts 6. Mitigation Can the Impacts be Mitigated? 7. Cumulative Effects

11 INAC What is a Project? Physical Activity Physical Work Federal Lands Project Construction Modification Operation Decommissioning Structures Defined Area Fixed Locality National Parks Military Bases Indian Reserves Project Meets All 3 Conditions 11

12 INAC Definition of a Project Any construction, building or construction related activities on Indian Reserve Land; or Any physical activity that requires the use of the land and would: 1. Alter any feature of the Environment; or 2. Result in the release of a polluting or deleterious substance Eg: Contaminants to air, soil or water such as sediments

13 INAC Procedure and Tools INAC has built tools to modernize and streamline the Environmental Review Process to meet the CEAA s.67 requirement. Project Description Form Simple Review Form Guide for Completing Detailed Environmental Reviews Mitigation and Monitoring Compliance Form An electronic version of all the tools and policy and guidance documents is available on the departments internet site

14 INAC Proponent s Guide to the Environmental Review Process Step 1: Does the ERP Apply? Step 2: Project Description Form Step 3: Level of Review Step 4: Analysis of Effects Step 5: Decision and Implementation

15 INAC Does the ERP Apply? Meet Project definition? Is INAC funding all or part of the Project? 1. On Reserve 2. Off Reserve If Process applies, then Project Description is required.

16 INAC Environmental Review Process Step 1 Establish Project - Lands Step 2 Determine Requirements Step 3 Initiate Project -IEMS Step 4 INAC Document Review Step 5 Issue Permit / Lease

17 INAC Review Process Step 1 Establish Project - Lands - Contact INAC Program Officer - Discuss Project & General Requirements - Determine General Scope and Timeline

18 INAC Review Process Step 2 Determine Requirements - Does Environmental Review Process Apply? - Environmental Impact Assessment (EIA) - Phase 1 Environmental Site Assessment (ESA) - Engineering Drawings - Municipal Service Agreements

19 INAC Review Process Step 3 Initiate Project -IEMS - Can be completed by Proponent or Project Officer -

20 INAC Project Description Form Project Summary Land Description Flora & Fauna Traditional Land Use Consultation / Public Participation

21 INAC Review Process Step 4 INAC Document Review - INAC Environmental Specialist Review - Direct Communication with Proponent/Nation - Assessment of Reports - Review of Conceptual Engineering Drawings - Review of Municipal Service Agreements

22 INAC Determining Level of Review 1 Excluded Project Description 2 Simple Project Description Simple Review Form 3 Detailed Project Description Detailed Environmental Impact Assessment 4 Designated Referred to the Minister of Environment 22

23 Excluded Projects Projects with Negligible Impacts - Renovation to Existing Structures - Vegetation Maintenance - Single Line Transmission Lines - Upgrades to Existing Roads 23

24 Excluded Projects Mitigation through Standard Best Management Practices (BMP s) Adhering to the Bird Breeding Window Riparian Buffers Zones Installation of Sediment & Erosion Controls Standard Practices for Vegetation Maintenance 24

25 Simple Scale Projects Small or Low Risk Projects Residential Construction New Bridges with No Instream Work New Roads Transmission Lines

26 Simple Environmental Review Form Surface and Groundwater The Land Flora & Fauna Air and Noise Socio-Economic, Culture and Heritage Other Considerations List Supporting Documents

27 Detailed Scale Projects Medium or Moderate-Risk Projects: Wind Farm (Small) Small-Scale Hydro (Independent Power Producers IPPs) Industrial Facilities Eg: Sawmill / Sewage Treatment Facility Multi Development / Multi Phase

28 INAC Review Process Step 5 Issue Permit / Lease - Issuance of Instrument - Environmental Screening Sign-off - Types of Instruments: - Commercial/Residential Leases - 28 (2) Permits - 53 (1) Permits

29 INAC Review Process Step 5 Issue Permit / Lease - Schedule B Table of Commitments - Prescribed Mitigation Measures - Short/Long Term Monitoring Requirements - Additional Studies required for Future Project Phases

30 INAC Review Process Schedule B Table of Commitments Ref Objective Commitment and Assurances Project Phase/Timing Complete 5.3 The IEM will produce monthly monitoring reports during the construction phase that include construction progress and the effectiveness of the environmental mitigation measures. These reports will be submitted to the AANDC Environmental Specialist during the construction phase. Construction 6.0 Fisheries 6.1 Develop a Fisheries Habitat Management Plan, as part of the CEMP, that incorporates Department of Fisheries and Oceans (DFO) Measures to Avoid Causing Harm to Fish and Fish Habitat at Follow DFO timing windows for the Okanagan River (July 22 to August 31 and November 15 to April 1) Construction Construction

31 INAC Environmental Review Supporting Documents Environmental Audits (of existing facility operation); Environmental Management Plans (CEMPs and OEMPs); Environmental Site Assessments ( ESAs ) - Phase 1 and Phase 2; Wildlife studies; Archaeological Impact Assessments; Engineering design drawings and as-built or record drawings.

32 Mitigation Measures Compliance Form AANDC specifies requirements Project References List of required mitigation measures Storage Tanks Proponent completes form and reports compliance

33 Banjo Linkovic, Lands Director Osoyoos Indian Band (OIB) Detailed Review Designation 99 Year Lease Phase 1 Track Future Phases 33

34 34

35 Questions?

36 Elizabeth Kovics Senior Environmental Specialist Phone: