Process for Reaching and Applying Scope of Project Determinations under the Canadian Environmental Assessment Act for Major Development Proposals with Regulatory Triggers

Steps 1 to 6:

The following outlines steps 1 to 6 to be followed to determine the scope of project for a major development proposal with specific regulatory triggers under the Canadian Environmental Assessment Act and reach a decision about the project, as illustrated in the flowcharts contained in Annex 2 of the Cabinet Directive. Steps 7 to 11 are illustrated in a separate flowchart and are described below.

1. Pre-development proposal discussions

Hold discussions among potential responsible authorities (RAs), federal authorities (FAs), the Province and proponent to identify interests, explore opportunities for cooperation and facilitate preparation of a well-defined development proposal description by the proponent.

2. Development proposal description provided by proponent

3. Project Committee discussions

Hold Project Committee discussions to:

• identify potential federal interests and determine how they are linked to development proposal; and
• enable determination of likely trigger(s) by RA(s).

4. Identify trigger component(s) of development proposal

5. Identify non-trigger component(s) of development proposal

Identify non-trigger components in consideration of the criteria outlined in the "Approach" section of the Interim Approach. Non-trigger components would not be included in the scope of project if they will be considered through provincial or other mechanisms or if consideration of the component is not warranted. Otherwise they may be included in the scope of project.

6. Determine CEAA scope of project

Confirm components and secure RA and FA written agreement on roles and responsibilities and work plan.

Steps 7 to 11:

The following outlines steps 7 to 11 to be followed to determine the scope of project for a major development proposal with specific regulatory triggers under the Canadian Environmental Assessment Act and reach a decision about the project, as illustrated in the flowcharts contained in Annex 2 of the Cabinet Directive. Steps 1 to 6 are illustrated in a separate flowchart and are described above.

7. Determine CEAA scope of assessment

Identify requirements to assess potential environmental effects and consider other CEAA factors. For trigger components this is led by the RA with support of FAs. For non-trigger components this is led by the FA with support of the RA and other FAs. Considerations are to include the division of responsibility as per the work plan, with FAs assuming responsibility for CEAA requirements for components of the proposed development that they have suggested for inclusion in the scope of project, and RAs assuming responsibility for CEAA requirements associated with triggered components.

8. Consider opportunity to meet requirements through cooperative Federal/Provincial EA process

Determine if requirements can be met through federal participation in a cooperative EA process (this will be based on RA and FA agreement to participate in a cooperative environmental assessment to address federal requirements), or if separate federal direction to the proponent is required.

In cases where some or all federal requirements cannot be addressed though a cooperative environmental assessment, RAs and FAs may be required to work directly with the proponent. The goal should remain that the proponent responds to both federal and provincial requirements in a single Environmental Impact Statement.

9. Proponent's Environmental Impact Statement

10. RA course of action (s. 20/37)

11. RA decision about project

Determine the mechanism (federal or other) to ensure implementation of mitigation measures and follow-up. As per the Directive, responsibility for leading on implementation of mitigation measures and follow-up connected to non-trigger component(s) rests with FAs.

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