カナダ国における環境影響評価の新制度
二宮浩輔

New Legal Framework of Canadian Environmental Impact Assessment
NINOMIYA Kosuke
Abstract   The legal framework of the Canadian Environmental Impact Assessment was newly revised in2019. The Environmental Impact Assessment Agency plays a primary role in developing the TailoredImpact Statement Guidelines and Impact Statement, creating plenty of opportunities for publicparticipation. The Registry opens up the entire process to the public and all stakeholders. The Review
Panel and the Agency conduct the Impact Assessment. The new system will enhance the transparencyof the assessment and increase the opportunity for public participation, including participation byfederal, provincial, indigenous, and other stakeholders.
キーワード：カナダ国環境影響評価、レビューパネル、公衆参加、方法書、準備書、評価書、レジストリー
key words : Canadian Environmental Impact Assessment, Tailored Impact Statement Guideline, Impact
Statement, Impact Assessment Report, Review Panel, Public Participation, Indigenous
Group, Registry

1 ．Backgroundthe environmental assessment processes

The legal framework of the Canadian

conducted by the NEB or a review panel toEnvironmental Impact Assessment wasonly interested parties, which was definedcreated in 1992 and revised in 2012 and 2019.

as any person who is directly affected byIn the 2012 revision titled CEAA2012, boththe project or has relevant information or

the number of projects requiring an impact

expertise. As a result, the CEAA2012 seemedassessment and the scope of the assessment

to have taken a step backward from the initialwere reduced from the initial CEAA. Also,

CEAA for a development-friendly society.

only a limited number of governmental bodies

On the other hand, under the new Impact

could engage with the process, such as theAssessment Act enacted on August 28,

Environmental Impact Assessment Agency,

2019, the Agency can engage with a variety

the Canadian Nuclear Safety Commissionof subjects, including indigenous groups,（CNSC）, the National Energy Board（NEB）,

local and federal jurisdictions, federal

and a review panel. The sustainability andexpert departments, and the public. Morethe impacts for the future generation weresustainability will be required under thenot necessarily considered. In addition, thenew legislation. Further, public participation

CEAA2012 limited public participation inis required from the planning stage until

山梨県立大学

国際政策学部

総合政策学科

Department of Policy Management, Faculty of Glocal Policy Management and Communications, Yamanashi
Prefectural University― 87 ―

山梨国際研究山梨県立大学国際政策学部紀要

No.15（2020）

even after the decision is made, which might

the Impact Assessment Cooperation Plan,strengthen the follow-up procedure.

the Permitting Plan, and the Tailored Impact
Statement Guidelines. During the development

2 ．New EIA Procedureof these documents, the Agency continues to2 - 1 ．Proponent and Agency in the Planning

engage with indigenous groups, the public,

Phaseand other jurisdictions. The Agency posts theFirst, when the project is included in theproject list, the initial project description isdecision of the IA requirement and the reasonsfor this requirement on the Registry.

submitted to the Impact Assessment Agency

After posting the draft of the Tailoredof Canada（the Agency）by a Proponent, theImpact Statement Guidelines on the Registry

person or entity that proposes or carries out

to collect comments and feedback, the Agency

the designated project. The Agency posts

finalizes the Tailored Impact Statement

it on the Agency's Registry when it meets

Guidelines and provides it to the Proponent.

the requirements of the Information andThe finalized Tailored Impact Statement

Management of Time Limits Regulations.

Guidelines and the Notice of Commencement

The Agency will collaborate with lifecycle

will be posted on the Registry. This planning

regulators or consult with federal authorities ifphase should be completed in 180 days afternecessary. More importantly, the Agency must

the Initial Project Description is accepted byengage not only with provincial and territorial

the Agency and posted on the Registry. Thejurisdictions but also with indigenous

Agency can extend this 180-day planninggroups that may be affected by the project.

phase by up to 90 days at the request of

The Agency initiates the engagement andanother jurisdiction. Within 45 days of posting

consultation a ctivities with the indigenousof the Notice of Commencement, the Ministergroups, the public, and any other participants

may decide whether the Impact Assessment

in order to identify key issues of concern andshould be conducted by the Review Paneldetermine how indigenous groups and theas well as by the Agency. A Review Panelpublic would like an Impact Assessment.

consists of a group of independent experts

The Agency provides the Summary of

who have knowledge of indigenous issues,

Issues to the Proponent, who then responds

along with their own pertinent experience andto it in order to outline how it plans to addressexpertise, and is appointed by the Minister tothe Summary of Issues. The Proponent

conduct an Impact Assessment.

updates the information about the possible
environmental, social, health and economic

2 - 2 ．I m p a c t S t a t e m e n t a n d I m p a c t
Assessment Phase

effect of the project in the Detailed Proponent
Description. The Agency then reviews theThe Impact Statement is developed by theDetailed Project Description and posts it toProponent and must contain the information

the Registry, as well as the Response to theand studies outlined in the Tailored Impact

Summary of Issues. The Agency determines

Statement Guidelines. The Proponent engages

if an Impact Assessment（IA）is required and,indigenous groups and the public in orderif so, it develops the Public Participation Plan,

to collect information and conduct studies.

the Indigenous Engagement Partnership Plan,

The Agency reviews the Proponent's Impact― 88 ―

カナダ環境影響評価の新制度

Statement when it is submitted. The Agency

Report.

invites comments from federal authorities,

The Impact Assessment will also belifecycle regulators, indigenous groups, otherconducted by the Review Panel. The Ministerjurisdictions, and members of the public toof Environment and Climate Change decides

ensure that it conforms to the Tailored Impact

to refer the Impact Assessment to a Review

Statement Guidelines. The Agency issues

Panel during the planning phase within

the Notice of Determination on the Registry

45 days from the posting of the Notice ofwhen the Impact Statement satisfies all theCommencement. The Minister establishes

requirements. This Impact Statement process

the Review Panel's Terms of Reference

should be completed within three years from（TOR） in the Impact Statement phase.

the date the Notice of Commencement isThe panel is appointed from a roster ofposted.

individuals qualified to undertake the Impact

The Impact Assessment is conducted by theAssessment and is supported by a secretariat

Agency after the Impact Statement phase. The

comprising staff from the Agency and othertime limit is up to 300 days after the Noticejurisdictions as appointed. The Review Panelof Determination is posted on the Registry.

conducts its analysis on the information andWhen analyzing the Impact Statement, thestudies provided in the Proponent's Impact

Agency will engage the Proponent to seek

Statement, engaging with the Proponent,clarifications, resolve issues, or ask questions.

federal departments, indigenous groups, theIf an Impact Assessment by a provincial,public, and other jurisdictions on the Impact

territorial, or indigenous jurisdiction isStatement. When a designated project requires

required for a designated project, thean assessment by another jurisdiction, theAgency offers to consult and cooperate

Minister may make arrangements with thewith them and implements the Impact

other jurisdiction for the conduct of theAssessment Cooperation Plan developed inImpact Assessment. In these cases, the Agency

the planning phase. The Agency continues

develops the Joint Review Panel Agreement.

to consult indigenous groups and engage theThe Review Panel holds a public hearing for

public while implementing the Indigenous

the Panel to determine that it has sufficientEngagement and Partnership Plan, as well asinformation. The Review Panel can consult

the Public Engagement Plan developed in theindependent, non-government experts ifplanning phase. The Agency may hold public

expertise was not available from expert federal

meeting or open houses as opportunities

departments or other government agencies.

for indigenous groups, stakeholders, andThe Review Panel can initiate an Independent

the public to participate and ask questions

Science Review. The Review Panel preparesof the Proponent, the Agency, and federal

and submits the Impact Assessment Report toexperts. In addition, the Agency can initiate

the Minister.

an Independent Science Review to developscientific questions to pose to the experts ifrequired. The Agency develops the draft of
the Impact Assessment Report, the draft ofpotential conditions, and the Consultation― 89 ―

― 90 ―

submit →years）← yesengage

appoints the member of the RP.

establishes the RP's TOR.

Ministercoments

the IA should be referred
to a Review Panel

Minister decides whether

consult

engageJURISDICTION

AND INDIGENOUS

TERITORRIAL/ PROVINCIAL,
PUBLIC /engage

engageengageparticipate

INDIGENOUS GROUP

Figure 1-1: New Canadian Impact Assessment Process, 1

Notice of Determination（Review Panel's Draft TOR）

Registry

conformation to the TISG

（within 3review

Registry

Notice of Commencement

・Tailored Impact Statement Guidelines

phaseImpact Statement← provide← provide・Draft Tailored Impact Statement Guidelines

・Permitting Plan

・Impact Assessment Cooperation Plan・Indigenous Engagement and Participation Plan・Public Participation Plan

Statement

Impact＋ 90-day）（180-dayyes ↓impact assessment required?

Registry

Summary of Issues

Registry

AGENCYREVIEW PANEL

山梨県立大学国際政策学部紀要

phaseplanning

Detailed Project Description response →← provide

Initial Project Description submit →PROPONENTFEDERAL AUTHORITY

山梨国際研究No.15（2020）

Impact

follow-up and monitoring information― 91 ―

Decision

Postday）（up to 90-phase

Makingnon-compliancereview

open houses

participate

issues← postprovede →amend Decision Statement

Canadian energy Ragulator Act

Nuclear Safety and Control Act

lifecycle regulators

in consultation with Minister of Natural Resource（integrated Review Panal case）

Decision Statement

Notice of Referral

to the Governor in Council.

Minister refers the public interest determination

submitFigure 1-2: New Canadian Impact Assessment Process, 2Registry

Registry

Environmental Monitoring Committees

RegistryRegistry

・Consultation Report・potential conditions

Impact Assessment Report（Crown consultation Report）（conducted by the jurisdiction）（Substitute Impact Assessment）

Draft Impact Assessment Report
draft potential conditions
Consultation Report

independent science review（if required）

public meeting
participatepublic hearing

Impact Statement

Impact Assessment Report

advice from independent, non-government experts

engageindependent science review（if required）

consult

Impact Assessment by Review Panel（Impact Assessment by Integrated RP）

REVIEW PANEL

・Public Participation Plan
・Indigenous Engagement and Participation Plan
・Impact Assessment Cooperation Plan

expert advice

PUBLIC /INDIGENOUS GROUP

Imprementation ofImpact Statement

phase

Decision

JURISDICTION

AND INDIGENOUS

TERITORRIAL/ PROVINCIAL,

Impact Assessment by Agency（Impact Assessment by another jurisdiction）

AGENCY（300-day）Assessment

engagePROPONENTFEDERAL AUTHORITY

カナダ環境影響評価の新制度

山梨国際研究山梨県立大学国際政策学部紀要

No.15（2020）

2 - 3 ．Decision Making and Review Procedure

relating to follow-up and monitoring will be

After receiving the Impact Assessment

posted on the Registry. In circumstances ofReport, the Consultation Report, andnon-compliance, the Agency will establish apotential conditions from the Agency, thereview process and post relevant information.

Minister makes a decision and issues aThe Minister may amend a Decision Statement

Decision Statement to the Proponent. Theand issue an amended Decision Statement.

decision maker, whether the Minister or theThe final amendment Decision Statement will

Governor in Council, must consult with andbe posted on the Registry by the Agency.

accommodate the indigenous peoples andensure the Crowne duty has been fulfilled.

3 ．Public Participation

Determination will be done by either thePublic participation opportunities are

Minister of Environment and Climate Change

available throughout the Impact Assessmentor the Governor in Council. The Decision

process. In the early planning phase, theStatement must be issued no later than 30

Agency engages and consults with the publicdays after the Impact Assessment Report ison the Initial Project Description. The issues

posted on the Registry when the Minister

raised by the public will be included in themakes the public interest determination, orSummary of Issues. The Agency will remain

90 days when the Governor in Council makes

engaged with the public while developing

the determination. In the case of the Impact

the Public Participation Plan, the Indigenous

Assessment by a Review Panel, the Minister

Engagement Plan, the Impact Assessment

must refer the public interest determination

Cooperation Plan, the Permitting Plan, and theto the Governor in Council. It then follows theTailored Impact Statement Guidelines.

same process as the Impact Assessment by theIn the Impact Statement phase, theAgency. In the case of the Integrated Review

Proponent has to continue engaging thePanel's Impact Assessment, the Minister's

public to inform its Impact Statement. The

referral to the Governor in Council is done

Agency has to invite comments on thein consultation with the Minister of Natural

Impact Statement and engage with the public

Resources. Also, regulatory decisions underto ensure all the information and studies

the lifecycle regulator's legislation, the Nuclear

outlined in the Guidelines are included inSafety and Control Act, and the Canadianthe Proponent's Impact Statement. In theEnergy Regulator Act may be taken.

Impact Assessment phase, the Agency must

After the decision is made, the Proponent

implement the Public Engagement Plan, whichis responsible for carrying out the follow-up

is developed in the planning phase. It may holdand monitoring programs. It needs to include

public meetings or open houses to allow thethe involvement of Federal Authorities,

public to participate in the Impact Assessment

indigenous groups, and the public inprocess. The information and evidence

relevant activities. The Agency will establish

collected should be considered to develop theEnvironmental Monitoring Committees sodraft of the Impact Assessment Report by thethat it can provide additional legitimacy forAgency. The same process should be followed

the science and evidence used in the follow-

when the substituted Impact Assessment is

up and monitoring programs. Information

conducted by other jurisdictions. In the case of― 92 ―

カナダ環境影響評価の新制度

the Impact Assessment by the Review Panel orRegistry. The Agency also posts the Notice ofIntegrated Review Panel, each of them holds

Commencement and a note informing that thea public hearing to obtain the information

Impact Statement contains allrequired to complete its assessment and givethe required information on the Registry in

the public an opportunity to participate in

the Impact Statement phase. The Notice of

the Impact Assessment. In most cases, theDetermination and the expert advice from

Proponent, the Agency, the jurisdiction or thefederal authorities is posted on the Registry

Review Panel also engage or consult with thein the Impact Assessment phase. Also, during

indigenous groups, lifecycle regulators, federal

the review process with the Review Panel, theauthorities, and other jurisdictions, as well as

Impact Statement development will be done

the public.

through the Registry by engagement with

The information is collected and disclosed

the public and the other stakeholders. The

through the Registry, which is the Internet siteexpert advice from federal authorities andestablished and maintained by the Agency.

independent, non-government experts will

The Registry is operated in a manner that

also be posted on the Registry.

allows access for anyone who is interested inTable 1 shows the public participation

finding information about a project or Impact

opportunities of the Canadian EIA processAssessment Process. All the documents inin each phase compared with the Japanesethe planning phase, such as the Proponent'sprocess. The public can easily get involved

Project Description, the Agency's Summaryin the whole Impact Assessment processof Issues, the determination of whether or not

throughout the phase on the Registry in

the Agency requires an Impact Assessment,

Canada, whereas the public can access thethe Tailored Impact Statements Guidelines,

information and take part in the process eachand a notice of the Minister's decision for thetime it happens in Japan . The Registry also

Review Panel reference will be posted on theenhances the transparency of the information.

Table 1: Public Participation Opportunity
CANADA
Phase

Assessment Process

JAPANPublic Participation

Assessment ProcessPlanning

Project Description◎◯

Primary Environmental
Impact Consideration

Scoping

Tailored Impact Statement
Guidelines◎◯

Scoping Document

Impact Statement

Impact Statement◎Impact Statement

IA by the Agency
Impact Assessment

Impact Assessment

IA by the Review Panel◎

IA by another jurisdiction
Decision Making & Follow-up

Environmental Monitoring
Committee― 93 ―◯◯山梨国際研究

山梨県立大学国際政策学部紀要

No.15（2020）

Bibliography
4 ．Conclusion

1 . Web site of the Impact Assessment Agency ofCanada, Retrieved October 31. 2019 from https://The new Canadian Impact Assessment iswww.canada.ca/en/impact-assessment-agency.

relatively open to the public and has multi-html

layered processes. First, the Environmental

2 . Ninomiya K., 2018,“A Preliminary Study onImpact Assessment Agency plays a primary

Canadian Environmental Impact Assessmentrole for developing the Tailored Impact-Changes to CEAA 2012 and Future Perspective-”.

Statement Guidelines and Impact Statement,

Yamanashi Global Study No.14; 115-120

and working with the Proponent during the3 . Ministry of the Environment, 2009,“環境影響評価
制度総合研究会報告書（Kankyou Eikyou Hyouka

planning and impact statement phase. It

Seido Sougou Kenkyuukai Houkokusyo）”

leads the public participation, working with4 . Ministry of the Environment, 2018,

federal, provincial and indigenous authorities“Environmental Impact Assessment induring the Impact Statement phase and theJapan.”Environmental Impact Assessment
Division, Minister's Secretariat, Ministry of theImpact Assessment phase. Secondly, theEnvironment, Government of Japan

Registry makes the entire process open to thepublic and all the stakeholders. People canaccess the information related to the follow-1 ）Internet site that anyone who is interested in a
project or impact assessment procedure can beup and monitoring activities on the Registry,including data, summaries, and other relevant

allowed access to find information.
2 ）List of issues that provides the proponent with an

documents even after the decision makeunderstanding of issues and allows participants tophase. All the information about each specificsee how their comments and concerns have beencharacterized.

project can be accumulated on the Registry.
Lastly, the Impact Assessment by the Review3 ）It can be an integrated Review Panel if theintegrated project includes physical activities

Panel supports the Impact Assessment by thethat are regulated under the Nuclear Safety andAgency. The members are selected based on

Control Act, Canadian Energy Regulator Act, andtheir knowledge of indigenous issues, along

Canada-Newfoundland and Labrador Atlanticwith their own experience and expertise.

Accord Implementation Act or Canada-Nova
Scotia Offshore Petroleum Resources Accord

Because they must also be free from bias orconflict of interest relative to the project,

implementation Act.
4 ）See 1, p5 in detail.

the Panel provides more objectivity andlegitimacy to the entire Impact Assessment
process.
The new system will enhance thetransparency of the assessment and increase
the opportunity for public participation,
including federal, provincial, indigenous andother stakeholders.

― 94 ―