Appendix 2: How the Canadian Environmental Assessment Act Relates to Wetlands

How the Canadian Environmental Assessment Act relates to wetlands ¹²

Wetlands are integral to the basic premise of the CEAA - sustainable development and environmental quality.

The purpose of the CEAA (Section 4b) is to "encourage responsible authorities to take actions that promote sustainable development and thereby achieve or maintain a healthy environment and a healthy economy." Wetland ecosystems are critical to achieving this purpose.

Wetlands perform important ecological functions that sustain the quality of land, water and air. For example, wetlands filter and purify water. They control floods, recharge groundwater supplies, augment summer water flows and reduce erosion. Wetlands provide habitat for more than 600 wildlife species in North America, and one-third of Canada's species at risk depend on wetlands for their survival. Communities depend on wetlands for food, recreation and commercial activities such as fishing. Wetlands also store carbon; current studies are looking into their potential role as a carbon sink in the context of climate change.

Consequently, the loss or degradation of wetlands to development means substantial and far-reaching costs to the environment, to wildlife and to people - costs that should be considered as legitimate "environmental effects" but that are rarely given enough weight in EA decisions.

Robert Costanza - an ecological economics expert at the University of Maryland - estimated the economic value of ecological services such as water regulation, water supply, erosion control, waste treatment, habitat refugia, food production and recreation (Costanza et al 1997). Costanza's conclusions reinforce the enormous ecological benefits of wetlands compared to other types of ecosystems. Wetlands are valued at more than C$22 thousand per hectare per year for the ecological functions they provide. In contrast, forests, grasslands, and croplands are worth a fraction of this value. The only systems valued higher than terrestrial wetlands are estuaries, valued at C$34 thousand per hectare per year, and seagrass algae beds, valued at over C$28 thousand per hectare per year - and a good portion of estuaries and seagrass beds also constitute "wetlands" within the Canadian definition.

Clearly, the maintenance of wetland functions is essential to a healthy environment and a healthy economy and therefore to sustainable development.

12 - From North American Wetlands Conservation Council (Canada) and Environment Canada. 2000. Working with Wetlands in Environmental Assessment under CEAA (Participant's Manual). Unpublished report. Environment Canada - Environmental Assessment Branch and the North American Wetlands Conservation Council (Canada). Ottawa, Ontario.

Informed decisions under CEAA require that federal policy objectives be taken into account in the preparation and review of assessments.

CEAA aims to "provide an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development." In this regard, it is good EA practice to consider federal policies that indicate the government's specific intentions related to the environment. One such policy is The Federal Policy on Wetland Conservation.

The Cabinet approved The Federal Policy on Wetland Conservation in response to the ecological importance of wetlands, and the substantial losses of these valuable ecosystems. The Policy seeks to promote wetland conservation and to sustain wetland functions. It outlines seven strategies to provide for the use and management of wetlands, including one strategy that commits all federal departments to the goal of no net loss of wetland functions on federal lands and waters and as a result of federal activities in certain geographic areas.

Wetlands are valued ecosystem components.

In the consideration of environmental effects, it is accepted EA practice to focus on VECs. If there are wetlands located in proximity to the project area or in the area affected by the project, they will always be included in the list of VECs - it is good EA practice to do so.

CEAA regulations define the term "wetlands" and require special consideration for projects that could impact them.

CEAA regulations define "wetland" as "a swamp, marsh, bog, fen or other land that is covered by water during at least three consecutive months of the year." "Water body" is defined as "any water body, including a canal, reservoir, an ocean, and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or a mine tailings pond."

The Exclusion List identifies projects that are excluded only if they are not close to a water body, the definition of which includes wetlands.

CEAA provides a process for public participation in wetland issues.

"The Government of Canada is committed to facilitating public participation in the environmental assessments of projects to be carried out by or with the approval or assistance of the Government of Canada" (CEAA Preamble).

Wetlands are of substantial interest to the public. Experience with EAs in Canada has demonstrated that private citizens and environmental advocacy groups will hold the federal government accountable for decisions affecting wetlands.

CEAA requires, where appropriate, the public notice of an assessment and an opportunity for public examination of and comment on the screening report and on any record that has been filed in the public registry.

CEAA provides a powerful tool for protecting wetlands.

CEAA casts a broad net over many federal decisions relating to projects that might affect wetlands. It is therefore an important means of ensuring federal wetland objectives, standards, and criteria are taken into account in project planning and decision making. Specifically, wetlands relate to federal duties or functions in the following ways:

Projects on lands under federal administration: Over 29 percent of all of Canada's wetlands are estimated to be located on federal lands or waters, largely in our northern territories. These include national parks, community pastures, ports and harbour lands, wildlife areas, and a wide range of other crown land holdings. An estimated 8 percent of our National Parks are covered by wetlands, and 60 percent of the combined area of National Wildlife Areas and Migratory Bird Sanctuaries are wetlands (Government of Canada 1991a).

Projects receiving financial support: Through a broad range of financial assistance programs, the federal government supports development that may impact wetlands. For example, pipeline construction projects, facility expansions, riparian demonstration projects, low-level river crossings and flood protection infrastructure projects all may have widespread impacts on drainage patterns and wetland functions. Although the footprint of these projects may be relatively small, they can have profound effects on the surrounding ecosystem (i.e. create a barrier affecting the local and regional hydrology).

Projects that require the issuance of permits or licences, or granting of approvals: Wetlands are commonly associated with activities requiring permits, licences or approvals under:

• Fisheries Act, for example for harmful alteration, disruption or destruction of fish habitat by dredge or fill, altering water levels, erosion control measures, or removal of vegetation;
• National Energy Board Act, for example, for the development of a pipeline;
• Navigable Waters Protection Act, for example, for dredging or filling operations in a navigation channel;
• Migratory Birds Convention Act, for example, for operations that might harm migratory birds;

Projects where the federal government is the proponent: The same EA process binds the federal government when it is the project proponent. Projects proposed by various government agencies, including roadway constructions, infrastructure projects etc may impact wetlands. Again, the footprint of these projects may be relatively small but their impacts can have profound effects on a much larger area.