Recommendation 1

The Committee recommends that the federal government ensure that the Canadian Environmental Assessment Agency be made responsible for exercising the powers and performing the duties and functions of the responsible authority in relation to environmental assessments carried out under the Act, unless it is determined that another regulator — the “best-placed regulator” — is better suited to perform the role of the responsible authority.

Recommendation 2

The Committee recommends that the federal government further consolidate authority for environmental assessments by providing more authority for the Canadian Environmental Assessment Agency to deal with what are now larger screenings, and more authority to the Minister with respect to major projects, which would remove the two-step decision-making process after a comprehensive study, where the Minister makes an environmental assessment decision and then the responsible authority or authorities make environmental assessment decisions.

Recommendation 3

The Committee recommends that the requirement for a consideration of alternatives to the project, which is currently required during Canadian Environmental Assessment Act screenings, be eliminated from the Act.

Recommendation 4

The Committee recommends that, because renewable resource development and management are largely under provincial jurisdiction, the requirement for a consideration of the effects of the project on the capacity of renewable resources to meet current and future needs, which is currently required during Canadian Environmental Assessment Act comprehensive studies and review panels, be eliminated from the Act.

Recommendation 5

The Committee recommends that the Canadian Environmental Assessment Act be amended to enable or require, where appropriate, binding timelines for all environmental assessments.

Recommendation 6

The Committee recommends that the federal government ensure that federal decisions related to triggering are made at the start of the provincial regulatory process to achieve efficient, effective and truly harmonized environmental assessment processes.

Recommendation 7

The Committee recommends that the Canadian Environmental Assessment Act be amended to empower the Canadian Environmental Assessment Agency to determine that another jurisdiction’s environmental assessment process fulfils the requirements of the federal process, and therefore that an environmental assessment carried out under that jurisdiction is equivalent to an environmental assessment required under the Canadian Environmental Assessment Act.

Recommendation 8

The Committee recommends that the Canadian Environmental Assessment Act be amended, such that the following specific language be inserted into the Act to exempt certain provincial projects from federal assessments:  “A project is exempt from the requirement to conduct an assessment under this Act where an environmental assessment is required to be conducted, with respect to the project, under the legislation of a province listed in Schedule XX”.

Recommendation 9

The Committee recommends that the federal government work towards improved coordination of permitting by federal and provincial authorities.

Recommendation 10

The Committee recommends that the Canadian Environmental Assessment Agency focus the application of the Canadian Environmental Assessment Act on projects of environmental significance.

Recommendation 11

The Committee recommends that the federal government modify the Canadian Environmental Assessment Act so that assessments under the Act are triggered via a project list instead of the current “all in unless excluded” approach taken by the Act.

Recommendation 12

The Committee recommends that the Canadian Environmental Assessment Act be amended to include one or both of the following: (1) a discretionary power for the Minister or the Canadian Environmental Assessment Agency to require an environmental assessment for a project that is not on the aforementioned “project list”, or (2) a ‘catch-all’ item that would require an environmental assessment for a project not on the list that meets certain requirements.

Recommendation 13

The Committee recommends that section 5(1)(d) of the Canadian Environmental Assessment Act be amended or qualified so that regulatory decisions relating to minor approvals under an existing licence or permit would not trigger an environmental assessment under the Canadian Environmental Assessment Act.

Recommendation 14

The Committee recommends that section 24 of the Canadian Environmental Assessment Act be amended to allow a proponent to use the information gathered in a previously conducted environmental assessment in the screening or comprehensive study of a similar project it proposes.

Recommendation 15

The Committee recommends that the federal government modify its environmental assessment process to better incorporate, coordinate and streamline Aboriginal consultation during the environmental assessment process.

Recommendation 16

The Committee recommends that the federal government work with Aboriginal groups, the provinces, and the territories to define the roles and responsibilities of parties in consultation, and to outline the consultation process in general. The end result should be a single consultation process that minimizes duplication.

Recommendation 17

The Committee recommends that the federal government develop guidelines for the selection of panel members.

Recommendation 18

The Committee recommends that the Canadian Environmental Assessment Act be amended to require environmental assessments to include a consideration of positive environmental effects of a project.

Recommendation 19

The Committee recommends that the federal government explore means of ensuring follow-up programs are being implemented effectively and making information from such programs accessible to inform future environmental assessments.

Recommendation 20

The Committee recommends that the federal government study alternative approaches for ensuring conditions and requirements stemming from environmental assessments are enforceable, and that the federal government subsequently introduce statutory changes necessary to implement its conclusions.