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ARTICLE · 31 AUGUST 2012

New Canadian Environmental Assessment: A Rose By Any Other Name?

Siskinds LLP
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Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings, but the practical effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, nonstatutory, "Environmental Impact Assessment" process.

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Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings,  but the practical  effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, nonstatutory,  "Environmental Impact Assessment" process.

The new process looks a lot like the old screening EA, but with less clear rules about procedure, content, timing, public consultation and opportunities for appeal. According to Parks Canada:

"For northern protected heritage places where CEAA 2012 does not apply, environmental assessment processes remain unchanged.

For lands and waters administered by Parks Canada where CEAA 2012 applies, the prescriptive process in the former Act has been eliminated and replaced with a legislated requirement to ensure projects on federal lands do not cause significant adverse environmental effects. An assessment to fulfill Parks

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