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Guide to the Canadian Environmental Assessment Act, 2019 Edition

This Guide provides the reader with a detailed review of the Canadian Environmental Assessment Act and serves as a resource to prevent business activities from having significant adverse environmental effects on the environment.
Publication Language: English
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$102.00
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ISBN/ISSN: 9780433499282

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If you're a decision-maker tasked with not only determining how your organization's business activities may impact the environment, but also preventing any potential adverse environmental effects that result – this one-of-a-kind publication is for you.

Written by environmental law specialist Rod Northey, Guide to the Canadian Environmental Assessment Act, 2019 Edition offers a comprehensive review of the Canadian Environmental Assessment Act, 2012 (CEAA) and provides insightful commentary and direction to assist organizations through this challenging and ever-evolving landscape.

Comprehensive Content
This guide discusses the overarching objectives of the legislation, with an emphasis on the CEAA's most important sections. The innovative format of this book – part casebook, part annotation – means that readers have access to excerpts from both the relevant case law and panel reports written by the administrative tribunal that reviews environmental projects, as well as detailed analyses of those excerpts.

Focusing on the substantive elements of the CEAA and how to interpret them, the Guide organizes more than 30 topics under five parts:

  • Part 1: Overview of the CEAA
  • Part 2: Application of the CEAA
  • Part 3: Components of an Environmental Assessment
  • Part 4: Participation in Environmental Assessments
  • Part 5: Decision-Making in Environmental Assessments

Other Features

  • Extensive research – this work examines all Federal EA Panel Reports published since 1975
  • A structured approach – most of the topics covered follow a similar six-step approach: introductory comment to provide context; key provisions; legislative history; principles and key excerpts from court cases; principles and key excerpts from panel review reports; and commentary
  • Expert insights – this guide is written by a certified environmental law specialist with more than 25 years of practice and environmental assessment instructor experience
  • Key primary source material – key excerpts from the relevant caselaw and panel reports are readily accessible

The entire CEAA and its two most relevant regulations are reproduced in this volume, along with a listing of all the Federal EA Panel Reports published since 1975.

Highlights of the 2019 Edition

  • Amendments to CEAA from 2017, c. 20, s. 454.
  • Update on Bill C-69, the new Impact Assessment Act that replaces CEAA, possibly in force in 2019
  • Discussion of key recent Federal Court cases such as:
    • Taseko v. Canada, 2017 FC 1099 (review panel to not defer important decisions to next stage in regulatory process; review panel entitled to reach its own conclusions on feasible mitigation; review panel not obliged to rigidly follow its public hearing procedure)
    • Taseko v. Canada,2017 FC 1100 (procedural fairness)
    • Communities and Coal Society et al.  v. Canada (A.G.), 2018 FC 35 (No requirement on port authority to carry out a full environmental assessment or issue a decision statement)
    • Prophet River v. Canada (Attorney General) , 2017 FCA 15 (cabinet not conferred under CEAA with adjudicative functions necessary to decide whether a treaty right infringement is justified)
    •  Updated Appendix on List of Agency Guidance Documents   

Required Resource

Guide to the Canadian Environmental Assessment Act, 2019 Edition will be a particularly valuable reference manual for:

  • Environmental consultants who are responsible for assessing the significance of environmental effects under CEAA and numerous environmental regimes across Canada
  • Environmental, energy, aboriginal law, and natural resources lawyers in public and private practice who advise clients on CEAA issues and the significance of effects in numerous legal contexts
  • Management and in-house counsel in the energy, mining and natural resources sectors who seek to comply with CEAA and otherwise design projects to avoid or minimize significant environmental effects
  • Regulatory personnel who administer CEAA and other federal, provincial, territorial rand self-government regimes that focus on the significance of environmental effects
  • Teachers and advanced environmental studies students interested in environmental assessment inside and outside Canada

Featured authors

Table of contents

Part 1: Overview and General Principles
1.1 Overview of the Canadian Environmental Assessment Act, 2012
1.2 Interpretation of Environmental Assessment Legislation
1.3 Purposes of Environmental Assessment
1.4 Environmental Assessment Process
1.5 Timing of Environmental Assessment
1.6 Prohibitions and Enforcement

Part 2: Triggering CEAA/12
2.1 Defining the Designated Project
2.2 Triggering an Environmental Assessment
2.3 Trigger for Determination of Significance (of Adverse Environmental Effects)

Part 3: Components of an Environmental Assessment
3.1 Factors of Assessment
3A Environmental Effects to be Predicted
3B Assessing Significant Adverse Environmental Effects (SAEEs)
3C Review of Alternatives
3D Additional Components of an Environmental Assessment

Part 4: Participation in an Environmental Assessment
4.1 Public Registry for Each Designated Project
4.2 Comments from the Public and Interested Parties
4.3 Panel Reviews

Part 5: Decision-making and CEAA/12
5.1 Environmental Assessment Decisions
5.2 Determinations of Significance (of Adverse Environmental Effects)
5.3 Justification for Significant Adverse Environmental Effects
5.4 Follow-up Programs and Monitoring
5.5 Multi-Jurisdiction Environmental Assessments

Appendices
Appendix A: Glossary
Appendix B: List of Federal EA Panel Reports
Appendix C: List of Agency Guidance Documents