Evidence of meeting #5 for Environment and Sustainable Development in the 41st Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was assessment.
A recording is available from Parliament.
NDP
President, Canadian Environmental Assessment Agency
Most comprehensive studies come from the private sector. There are projects on mining, for example. It is interesting to see how that works with mining. The mining industry is actually our biggest client.
NDP
Lise St-Denis NDP Saint-Maurice—Champlain, QC
How can the agency manage to keep its independence in terms of assessments, given its partnerships and cooperation protocols?
President, Canadian Environmental Assessment Agency
I didn't hear the end of your question.
NDP
Lise St-Denis NDP Saint-Maurice—Champlain, QC
How can the agency manage to keep its independence in terms of assessments, given its partnerships and cooperation protocols?
President, Canadian Environmental Assessment Agency
Those protocols are always done jointly with the provinces and they apply to the process. That means that we want to make sure that the federal process is in line with the provincial process. That has nothing to do with matters of substance. It is to avoid situations like asking someone for the same information more than once during the federal and provincial processes.
NDP
Lise St-Denis NDP Saint-Maurice—Champlain, QC
How exactly do exclusions under the legislation hinder environmental assessments already underway on the ground?
President, Canadian Environmental Assessment Agency
The 2010 amendments included exclusions for infrastructure projects. One of the provisions made it possible to request an environmental assessment even if an exclusion applied. But no one asked the agency to do an environmental assessment for a project that was excluded, even though there was a provision that allowed it.
NDP
Lise St-Denis NDP Saint-Maurice—Champlain, QC
Mr. Sopuck talked about screenings and rejected projects. I would like to go back to that.
I have a table with all the screenings conducted in 2009-2010. But no projects are listed as being likely to have significant adverse environmental effects. However, some projects were interrupted. For example, at Aboriginal Affairs and Northern Development Canada, 78 projects were interrupted, but 531 projects of 585 were not considered likely to be interrupted. Of those projects, none were rejected during the screening phase. So almost all the proposed projects that are screened have already been accepted.
Why are those projects interrupted?
President, Canadian Environmental Assessment Agency
The agency does not do the assessment. I cannot speak for those who do the screenings. However, it is very likely that a project will be withdrawn if they see that there will be adverse repercussions.
Conservative
October 20th, 2011 / 12:40 p.m.
Conservative
Stella Ambler Conservative Mississauga South, ON
Thank you, Mr. Chair.
Thank you to our witnesses for being here today.
I notice that in your presentation you listed enforcement as one of the challenges you face. Could you tell us what enforcement powers exist under CEAA as is?
Vice-President, Operations, Canadian Environmental Assessment Agency
In the current act there are no enforcement provisions per se, for the very reason mentioned by Mrs. Feldman. The act is structured in such a way that it relies on decisions to be made by various federal authorities that have decisions to make, which trigger the need to attach conditions and to ensure they are being implemented.
Conservative
Stella Ambler Conservative Mississauga South, ON
Thank you.
What are the accountability problems associated with CEAA not enforcing mitigation measures?
Vice-President, Operations, Canadian Environmental Assessment Agency
The accountability to ensure enforcement of the measures lies with these federal authorities.
Conservative
Stella Ambler Conservative Mississauga South, ON
My question is more about the fact that CEAA doesn't have enforcement capabilities. In your view, doesn't that create an inherent accountability problem in the agency?
Vice-President, Operations, Canadian Environmental Assessment Agency
The challenge we're facing at this point has more to do with the limited authority that responsible authorities may have. An example was given of an authorization under the Fisheries Act to enforce conditions relating to matters within another department's mandate. That may not be the most appropriate tool to ensure enforcement. That's the main challenge that we're facing at this point in time.
Conservative
Stella Ambler Conservative Mississauga South, ON
What are the legal constraints preventing CEAA from enforcing implementation of the mitigation measures by those subjects required to take them?
President, Canadian Environmental Assessment Agency
I think the issue is that the act doesn't have any provisions that allow us to do that. If the act were to be changed to give CEAA that authority, then we would exercise it.
Conservative
Stella Ambler Conservative Mississauga South, ON
So if CEAA does not have any enforcement powers, how can the agency ensure that--
President, Canadian Environmental Assessment Agency
We rely on the responsible authorities. That's the short answer. The reason they're the responsible authorities is that they're issuing the necessary authorization, which may or may not have conditions attached to it. We rely on them to ensure that the conditions are met.
Conservative
Stella Ambler Conservative Mississauga South, ON
Could you please list the other acts on which the agency relies.
President, Canadian Environmental Assessment Agency
We don't rely on acts. We rely on--
