strategic environmental assessment october 22, 2012
TRANSCRIPT
STRATEGIC ENVIRONMENTAL ASSESSMENT
OCTOBER 22, 2012
OVERVIEW
• Strategic Environmental Assessment (Strategic EA): Introduction
• Cabinet Directive on Strategic EA
• Strategic EAs under Cabinet Directive
• Strategic EA: Farm Income Protection Act
• Legislating Strategic EA
STRATEGIC ENVIRONMENTAL ASSESSMENT: DEFINITIONS
• “The systematic and comprehensive process of evaluating the environmental effects of a policy, plan or program and its alternatives”
Cabinet Directive p. 13• “Seeks to incorporate environmental
considerations into the development of public policies and strategic decisions”
Cabinet Directive p. 2
STRATEGIC ENVIRONMENTAL ASSESSMENT: DEFINITIONS
• “The evaluation of likely environmental, including health effects, which comprises determination of the scope of an environmental report and its preparation, carrying-out of public participation and consultations, and taking into account of the environmental report and results of public participation and consultations in a plan or programme”
Strategic EA Protocol Art. 2• Trend toward including economic and social, as
well as environmental, considerations
STRATEGIC ENVIRONMENTAL ASSESSMENT
Strategic EAs can include assessment of:•An industry sector, region, policy, plan, program (oil sands in northern Alberta)•First proposed project to introduce new technology in region (tidal energy)•International agreements (free trade)•Identified environmental/sustainable development challenge (energy policy)•Respond to policy gap in project EA
STRATEGIC EA PRINCIPLES
• Integrated
• Sustainability-led
• Focused
• Accountable
• Participative
• Iterative
• Identify future outcomes
• Consider alternatives
STRATEGIC EA LEGAL, POLICY FRAMEWORKS
• Strategic EA Protocol • Cabinet Directive on the Environmental
Assessment of Policy, Plan and Program Proposals (federal)
• Farm Income Protection Act • CEAA 2012 ss. 73, 74 Regional Studies • Provinces lack SEA laws/policies (note
Ontario Environmental Bill of rights)• European Union 2001 SEA Directive
STRATEGIC EA PROTOCOL
• Protocol to Espoo Convention
• Adopted 2003, entered into force 2010
• Canada not signatory
• Requires Parties to evaluate environmental consequences of official draft plans and programs
• Provides for public participation in government decision-making in numerous development sectors
STRATEGIC EA PROTOCOL
• Public has the right to know about plans and programs, comment, have comments taken into account, be told of final decision and why it was taken
• Parties requested to inform each other about plans/programs having significant transboundary environmental effects
• If such effects, developing Party has notification obligation and affected public has comment rights
CABINET DIRECTIVE ON STRATEGIC EA
• Strategic EA originally included in 1984 EARP Guidelines Order
• Cabinet Directive issued in 1990 to complement CEAA project EA
• Amended 1999, 2004
• Not legally binding but issuance by Privy Council Office carries weight
CABINET DIRECTIVE ON STRATEGIC EA
• “Strong commitment to sustainable development”
• Ministers expect a strategic EA whenever a proposal:– “may result in important environmental effects” – “is submitted to an individual Minister or
Cabinet for approval”
• What does “expect” mean?
• “Important” vs. “Significant”?
CABINET DIRECTIVE ON STRATEGIC EA
• Ministers also expect strategic EA to consider:– Scope and nature of likely environmental
effects– Need for mitigation – Likely importance of environmental effects
• Strategic EA to contribute to development of policies, programs, plans on “an equal basis with economic and social analysis”
CABINET DIRECTIVE ON STRATEGIC EA
• “Level of effort” to be “commensurate with level of anticipated environmental effects”
• Environmental analysis to be integrated into each option
• Use “existing mechanisms” to involve public, “as appropriate”
• Prepare “public statement of environmental effects” when “detailed assessment” conducted
CABINET DIRECTIVE GUIDELINES
Benefits of applying Cabinet Directive: •Optimize positive, minimize or mitigate negative effects•Consider potential cumulative effects •Implement Federal Sustainable Development Strategy •Save time and money (liability for clean-ups, other unforeseen concerns)•Streamline project-level assessment•Promote accountability
CABINET DIRECTIVE PROCESS
• Determine applicability
• Conduct preliminary scan
• Analyze environmental effects, including public and stakeholder concerns
• Document and report
STRATEGIC EA FARM INCOME PROTECTION ACT 1991
• S.4.(2) “Any program established under FIPA should encourage long-term environmental and economic stability”
• S.5.(2) An agreement with respect to any program shall, . . . (b) require an environmental assessment of the program to be conducted within two years . . . of the agreement and every five years thereafter,”
STRATEGIC EA FARM INCOME PROTECTION ACT 1991
• Strategic EAs conduced for following programs:– Gross Revenue Insurance Program– Federal-Provincial Crop Insurance
Program– Net Income Stabilization Account– Western Grain Transportation Act
Amendments – Branch Rail Line Abandonment in Western
Canada
STRATEGIC EA FARM INCOME PROTECTION ACT 1991
• Key difference with Cabinet Directive Strategic EAs conducted after introduction of program
• Benefits– Cabinet confidentiality not an issue– Better data on environmental effects– Full reports public accessible
• Key insight: most policies, programs, plans are iterative, annual or cyclical
CABINET DIRECTIVE EFFECTIVENESS
• “Cabinet Directive does little more than communicate a general expectation to identify and consider environmental consequences of major decisions at the federal level on par with social and economic factors” Doelle p. 195
2004 AUDIT ENVIRONMENT COMMISSIONER
• Level of commitment to and compliance with Cabinet Directive was low
• Few strategic EAs conducted
• Completeness varied
• Tracking was inadequate
• Insufficient commitment by management
• No central responsibility for compliance and quality control
2004 AUDIT ENVIRONMENT COMMISSIONER
• Limited integration of results into decision-making
• Few Strategic EAs made available to public
• Even fewer involved the public in Strategic EA process
PUBLIC STATEMENTS UNDER CABINET DIRECTIVE
• CEA Agency website includes hundreds of public statements produced by 7 federal departments (e.g., CIDA, Environment, Finance, Parks Canada) since 2004
• At least some Public Statements indicate public has been consulted
• Data and analysis remain confidential
• Marmot Basin Public Statement
STRATEGIC EA OF BUDGETS
• Green Budget Coalition recommended that selected fiscal measures in 2003 federal budget undergo Strategic EA
• Avoid Cabinet and budget confidentiality issues by undertaking SEAs after budget released
• Met with Clerk of Privy Council (Alex Himmelfarb), who was enthusiastic
STRATEGIC EA OF BUDGETS
• Recent budgets include modest public statements of environmental effects for specific budget provisions
• Budget 2011– Extension of 15% Mineral Exploration Tax
Credit for flow-through shares investors– Expansion of accelerated capital cost allowance
Class 43.2 to include equipment that generates electricity using waste heat
– Extending qualifying environmental trust rules to pipelines
OTHER STRATEGIC EAS
• Tidal Energy in Bay of Fundy
• Free Trade Agreements (e.g., NAFTA)
• Nuclear Fuel Waste Management and Disposal Concept Panel Review
LEGISLATING STRATEGIC EA
• House of Commons Environment Committee June 2003 report
• Recommended that Privy Council Office develop legislation establishing a legal framework for Strategic EA
• Government response was to refer Strategic EA issue to CEAA Regulatory Advisory Committee
• Report completed but never tabled (RAC in limbo)