First Nations Environmental Impact Assessment Training
First Nations Environmental Management Training Workshops provide insight into Environmental Impact Assessment (EIA) processes, objectives, benefits, and when it should be undertaken. EIA aims to identify, predict, evaluate, and mitigate potential adverse effects of development proposals, ensuring sustainable development and environmental protection. Through EIA, environmental considerations are integrated into decision-making processes to promote resource optimization, ecological system protection, and sustainability.
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First Nations Environmental Management Training Workshops ENVIRONMENTAL IMPACT ASSESSMENT Chris Pretty, RPF Timothy Powers, M.A. - Environmental Planner Williams Lake, BC. February 14th & 15th, 2017
What is Environmental Impact Assessment? EIA is the process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made. Identifies potential adverse effects Poses measures to mitigate adverse effects Predicts whether there will be significant environmental effects after mitigation measures are implemented Includes a follow up program to verify accuracy of the EA and effectiveness of the mitigation measures
Objectives of EIA Ensure environmental considerations are explicitly addressed and incorporated into the development decision making process; Anticipate and avoid, minimize or offset the adverse significant biophysical, social and other relevant effects of development proposals; Protect the productivity and capacity of natural systems and the ecological processes which maintain their functions; Promote development that is sustainable and optimizes resource use and management opportunities. Minimize or avoid adverse environmental effects before they occur. Incorporate environmental factors in decision making
When should EIA be undertaken? EIA should be conducted as early as possible in the planning stage of a designated project. EIA is a planning tool! Why? In order for the proponent to be able to consider the analysis in the proposed plans, including incorporation of mitigation measures to address environmental effects
What are the benefits of EIA? By considering environmental effects and mitigation measures early in the planning cycle, EIA supports better decision making and result in many benefits: Avoidance or minimization of adverse environmental effects Opportunities for Aboriginal and public consultation Increased protection of human health Reduced project costs Ecosystem resilience and protection
EIA benefits continued Reduced risks of environmental harm or disasters Increased government (any level) accountability and harmonization Lessened probability of trans-boundary effects Informed decisions that contribute to responsible development of natural resources
Basic Principles of EIA Purposive - should inform decision making & result in appropriate levels of environmental protection & community well-being. Rigorous - should apply best practicable science, employing methodologies & techniques appropriate to address the problems being investigated. Practical - should result in information & outputs which assist with problem solving & are acceptable to & able to be implemented by proponents. Relevant - should provide sufficient, reliable & usable information for development planning & decision making.
Basic Principles of EIA Cost Effective - achieve the objectives of EIA within the limits of available information, time, resources and methodology. Efficient - impose the minimum cost burdens in terms of time and finance on proponents and participants consistent with meeting accepted requirements and objectives of EIA. Focused - concentrate on significant environmental effects and key issues; i.e., the matters that need to be taken into account in making decisions. Adaptive - adjust to the realities, & circumstances of the proposals under review without compromising the integrity of the process, and be iterative, incorporating lessons learned throughout the proposal's life cycle.
Basic Principles of EIA Participative - should provide appropriate opportunities to inform and involve the interested and affected publics, and their inputs and concerns should be addressed explicitly in the documentation and decision making. Interdisciplinary - the process should ensure that the appropriate techniques and experts in the relevant bio-physical and socio- economic disciplines are employed, including use of traditional knowledge as relevant. Credible - the process should be carried out with professionalism, rigor, fairness, objectivity, impartiality and balance, and be subject to independent checks and verification.
Basic Principles of EIA Integrated - address the interrelationships of social, economic and biophysical aspects. Transparent - clear, easily understood requirements for EIA content; ensure public access to information; identify the factors that are to be taken into account in decision making; and acknowledge limitations and difficulties. Systematic - result in full consideration of all relevant information on the affected environment, of proposed alternatives and their impacts, and of the measuresnecessary to monitor and investigate residual effects.
Operating Principles of EIA The EIA process should be applied: As early as possible in decision making and throughout the life cycle of the proposed activity; To all development proposals that may cause potentially significant effects; To biophysical impacts and relevant socio-economic factors, including health, culture, gender, lifestyle, age, and cumulative effects consistent with the concept and principles of sustainable development; To provide for the involvement and input of communities and industries affected by a proposal, as well as the interested public; In accordance with internationally agreed measures and activities.
Operating Principles of EIA Screening - to determine whether or not a proposal should be subject to EIA and, if so, at what level of detail. Scoping - to identify the issues and impacts that are likely to be important and to establish terms of reference for EIA. Examination of Alternatives - to establish the preferred or most environmentally sound and benign option for achieving proposal objectives. Impact Analysis - to identify and predict the likely environmental, social and other related effects of the proposal.
Operating Principles of EIA Mitigation and impact management - to establish the measures that are necessary to avoid, minimize or offset predicted adverse impacts and, where appropriate, to incorporate these into an environmental management plan or system. Evaluation of significance - to determine the relative importance and acceptability of residual impacts (i.e., impacts that cannot be mitigated). Preparation of environmental impact statement (EIS) or report - to document clearly and impartially impacts of the proposal, the proposed measures for mitigation, the significance of effects, and the concerns of the interested public and the communities affected by the proposal.
Operating Principles of EIA Review of the EIS - to determine whether the report meets its terms of reference, provides a satisfactory assessment of the proposal(s) and contains the information required for decision making. Decision Making - to approve or reject the proposal and to establish the terms and conditions for its implementation. Follow up - to ensure that the terms and condition of approval are met; to monitor the impacts of development and the effectiveness of mitigation measures; to strengthen future EIA applications and mitigation measures; and, where required, to undertake environmental audit and process evaluation to optimize environmental management.
CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012 Promoted as streamlining the federal environmental assessment regime to ensure more timely decisions and efficient environmental assessments. Prior to 2012, virtually every project on reserve that required a federal authorization or involved the expenditure of federal funds required a CEAA environmental assessment CEAA Regulations set out a list of projects that require an environmental assessment. In certain cases, a review panel may be appointed and public hearings held.
CEAA 2012 All assessments under CEAA are subject to fixed timelines: 365 days for standard assessments, 18 months for National Energy Board reviews and 24 months for assessments by a review panel. CEAA 2012 reduced the number of projects that would have been assessed under CEAA 1995 by 95% This change has significantly narrowed the kinds of projects that will go through the environmental assessment process.
First Nations EIA and CEAA 2012 First Nations involvement in federal and provincial EAs is mandated by the laws, treaty obligations and a series of court rulings that have determined that First Nations have rights and possibly title to certain lands. Where these lands, water and air will be impacted by developments, First Nations must be consulted by the responsible government and, moreover, consulted meaningfully although the definition of meaningfully has never been prescribed by judges.
First Nations EIA and CEAA 2012 The CEAA 2012 is solely focused on mitigation of adverse effects, with no mention made of enhancing positive effects (a characteristic of more advanced environmental assessment regimes and championed by environmental assessment experts). CEAA 2012 appear to go counter as essential requirements for effective environmental assessments, following the principles for better or best practices (see for example International Association for Impact Assessment [IAIA] & Institute for Environmental Assessment [IEA], 1999).
First Nations EIA and CEAA 2012 Environmental assessment has been one of the most important instruments to provide a venue for meaningful public participation. Streamlined environmental assessment regimes such as CEAA 2012 exempt more undertakings from environmental review, narrow the range of lands, waterways and water bodies that would necessitate an environment assessment, and set shortened timelines for assessments = drastically reducing opportunities for participation by Aboriginal communities in Canada which has considerable implications for the concept of free, prior, and informed consent promoted by the United Nations (UNDRIP, 2007)
First Nations EIA and CEAA 2012 The cumulative impact of all exempted projects not mentioned in CEAA 2012, will now be overlooked, which is counter to the Aboriginal worldview of the environment. CEAA 2012, followed by a number of other recent government initiatives, further weaken Aboriginal Peoples capacity to participate in the resource development review process of undertakings that affect their traditional lands, i.e., silencing the people who are most affected by resource development. Given Canada s unique relationship with its Aboriginal people, governed by Aboriginal and treaty rights that are constitutionally entrenched, there is an obligation for responsible development that involves free, prior, and informed consent.
CEAA 2012 and First Nations CEAA 2012 contains explicit requirements to assess changes to the environment that affect aboriginal peoples . According to CEAA, these include: Health and socio-economic conditions; Physical and cultural heritage; Current use of lands and resources for traditional purposes; Any structure, site or thing of historical, archeological, paleontological or architectural significance. CEAA, 2012 has affected the environmental assessment process for on- reserve developments by eliminating screening of projects that are not specifically listed in the regulations and thereby exempt from environmental assessment.
CEAA 2012 and First Nations Substantial implications, especially in terms of how effectively Aboriginal people can participate in the environmental assessment and review process of new undertakings that may affect their traditional lands. The drastic reduction in the number of projects that undergo an environmental assessment in turn greatly reduces opportunities for Aboriginal involvement. It has been suggested that the implemented changes are so drastic that the Canadian federal environmental assessment regime can no longer be considered environmental assessment per se. Shortened timeline requirements under CEAA 2012 will make it more difficult for remote and/or isolated Aboriginal communities to fully participate in the environmental assessment process due to logistical constraints.
Requirement for Departmental Due Diligence under CEAA Section 67 of CEAA prohibits responsible authorities, like INAC from carrying out a project on federal lands unless: a) the authority determines the project is not likely to cause significant adverse environmental effects; or a) Cabinet determines that the significant adverse environmental effects caused by the project are justified in the circumstances.
CEAA 2012 INAC Environmental Assessment Process
CEAA 2012 INAC Environmental Assessment Process
Description and Guidance for the Project Description Project Information: Title, Project Components, Physical Works, etc. Lands Description: Water, Land Use, Topography, etc. Flora and Fauna: SARA, Fisheries, Vegetation, Sensitive Areas Traditional / Cultural Uses: Historical, Archaeological, Cultural Use Consultation and Public Participation: Additional Info from Proponent, Best Practices Contact Info: First Nation Identified Recommendation and Approval: INAC and First Nation
Simple Environmental Review Report Assessed Criteria: Surface and Groundwater The Land Floral Fauna Air and Noise Socio-Economic, Culture and Heritage Other Considerations Supporting Documentation Signature (Proponent) & BCR in most cases.
Detailed Environmental Review Report Large or Complex Projects: Detailed description of the proposed project and area Required regulatory approvals Any Aboriginal consultation or public engagement activities Description of baseline environmental conditions Identification of potential interactions between each project component and each Valuable Ecosystem Components (VECs) Proposed mitigation for each interaction between project and VEC s Analysis of the significance of any residual effects after mitigation is applied Identification of the cumulative effects
Canadian Environmental Assessment Act, 2012 Two levels of EIA s have arisen in Canada: 1) an overarching federal assessment process, and 2) several regional (provincial and territorial) assessment processes. To harmonize the environmental assessment process in Canada, formal environmental assessment agreements have been made between the federal government and several provincial governments, while other agreements have been reached through an ad hoc process.
B.C. Environmental Assessment Act BCEAA examines major projects for potentially adverse environmental, economic, social, heritage and health effects that may occur during the life cycle of these projects. The process includes: Opportunities for the involvement of all interested parties; Consultations with First Nations; Technical studies to identify and examine potential significant adverse effects; Strategies to prevent, or reduce, adverse effects; and Development of comprehensive reports summarizing input and findings. See http://www.eao.gov.bc.ca/ea_process.html
Projects That Are BCEAA Reviewable industrial projects: chemical manufacturing, primary metal and forest project industries energy projects: power plants, electric transmission lines, natural gas processing or storage plants and transmission pipelines water management projects: water diversions, dams, dykes, groundwater extraction waste disposal projects: special waste facilities, local government solid and liquid waste management facilities
Projects That Are BCEAA Reviewable mine projects: coal and mineral mines, sand and gravel pits, placer mineral mines, construction stone and industrial mineral quarries and off-shore mines food processing projects: meat and meat projects manufacturing and fish processing transportation projects: large public highways and railways, large ferry terminals and marine ports; and tourist destination resort projects: large golf, marine, or ski hill destinations
BC Environmental Assessment Act Three stages in BC Environmental Impact Assessment: Pre-Application Phase Project Enters the EA Process Application Information Requirements (AIR) 1st Public Comment Period Application Prepared and Submitted Application is Evaluated Application Review Phase 2nd Public Comment Period Assessment Report Minister's Decision Environmental Assessment Certificate issued/not issued
Harmonized Federal/Provincial Environmental Assessment To harmonize the environmental assessment process in Canada, formal environmental assessment agreements have been made between the federal government and several provincial governments, while other agreements have been reached through an ad hoc process
EIA - Indigenous Peoples and Traditional Knowledge Traditional Knowledge: The knowledge, innovations and practices of indigenous people and local communities. Indigenous Peoples: The inheritors and practitioners of unique cultures and ways of relating to other people and to the environment. Indigenous Peoples have retained social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live.
Traditional Knowledge Best Practices The objective of best practices are to: Allow potentially affected indigenous groups to present their opinion and to meaningfully take part in the development proceedings. Use traditional knowledge to complement the knowledge gained from "Western" scientific methods. Use traditional knowledge to preserve indigenous culture in development projects.
Indigenous Peoples EIA Basic Principles Equality: Traditional knowledge should be treated with the same respect and validity as Western scientific-based knowledge. Furthermore, Indigenous Peoples are to be treated with the same respect as other stakeholders. Traditional Knowledge holders are experts in their own field. Uniqueness: Each indigenous group is unique and holds different forms of traditional knowledge. Each indigenous group also has its own participating, representing and decision-making models that must be respected. Rights: Indigenous Peoples have rights to the natural resources on their traditional lands. In many instances these rights are protected by law. Respecting indigenous rights to natural resources is essential
Indigenous Peoples EIA Basic Principles Sovereignty: Indigenous Peoples define themselves as a sovereign group or self-governing entity. It is important for them to maintain this independence throughout the EIA process and participation in an impact assessment process does not in any way limit this sovereignty, e.g., an indigenous group does not necessarily accept the laws of a country by participating in an impact assessment. Cultural Heritage: Indigenous Peoples have the right to control intellectual property and other material items that relate specifically to their heritage, in order to preserve their culture. Free Prior Informed Consent: Intellectual property rights of indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be respected. Such knowledge should be used only with the prior informed consent of the owners of that traditional knowledge.
Indigenous Peoples EIA Operating Principles With respect to the Basic Principles, the integration of traditional knowledge and Indigenous Peoples should include these factors: Provide an open and transparent impact assessment process: Indigenous Peoples have the right to be well informed of the decisions made concerning their traditional lands. Agree on the degree of participation: Involvement can range from opinion giving to shared decision-making power. Developers, gov t. and Indigenous Peoples should jointly determine the degree of participation and the avenues of communications up front. Provide meaningful participation and reassurance: Participation of Indigenous Peoples must be meaningful, and they should be reassured that their participation is important.
Indigenous Peoples EIA Operating Principles Ensure gender equality: Women and men play different roles in indigenous cultures and may be responsible for different heritage places and values. It is important to take both perspectives into account. This may require gathering traditional knowledge from men and women separately. Allow mediation: Recognize that profound differences in perspective often create difficulties between Indigenous Peoples and those representing the project. Take a precautionary approach for such instances and agree upon processes for mediating and resolving disputes between parties that may arise during the course of the project.
Indigenous Peoples EIA Operating Principles Include native customs: Use participatory approaches that take into account traditional customs, etiquette and decision making processes. Provide interpretation and translation: Traditional and Western belief systems require context, language, and skilled interpreters in order for Indigenous traditional knowledge to be used effectively and for western knowledge to be fully understood by traditional communities. Safeguard against exploitation: Build in safeguards to protect indigenous communities that are vulnerable to unfair exploitation, e.g., because of inexperience or non-acceptance of money based systems of resource sharing
Indigenous Peoples EIA Operating Principles Use TK responsibly: Keeping traditional knowledge creates responsibility, and misuse of traditional knowledge can have catastrophic consequences for Indigenous Peoples. Use TK only within its context: Indigenous Peoples will share TK with developers only for a specific time and purpose. Developers and governments should apply that knowledge only to the ecosystems that TK was specifically shared for. Plan ahead: Incorporating TK and indigenous ways of decision making into impact assessment can take time and proponents should start the process early, ideally before entering the project approval process.
Strategic Environmental Assessment SEA is used to identify and assess potential environmental issues relating to the, law, policies and programs that government is considering implementing/amending/cancelling. SEA should be used as part of project EIA process to look at an ecological system or watershed impact area for regional project developments, e.g., Northern Ontario Ring of Fire, north-east fracking, etc. and from regional perspective. SEA could be a more effective process for cumulative impacts assessment.
Treaty Environmental Assessment Law NISGA'A FINAL AGREEMENT CHAPTER 10 - ENVIRONMENTAL ASSESSMENT AND PROTECTION MAANULTH FINAL AGREEMENT CHAPTER 22 - ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL PROTECTION TSWWASSEN FINAL AGREEMENT CHAPTER 15 - ENVIRONMENTAL MANAGEMENT TLA AMIN FINAL AGREEMENT CHAPTER 13 - ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL PROTECTION Westbank Self-Government - As per Agreement, has Environmental Assessment Law-Making Powers No specific Environmental Assessment Law as yet but EIA process is in place.
FNLMA Environmental Assessment Law Framework Agreement: There should be both an environmental assessment and protection regime for each First Nation. The First Nation with a land code in effect will have the power to make laws, in accordance with its land code .(such as) laws on environmental assessment and protection. EA regime must be consistent with CEAA First Nation required to conduct an EA when approving, regulating, funding, or undertaking a project on First Nation land. Use best efforts to ensure that the EA process is used when an EA would have been required under CEAA. Develop a plan to harmonize their environmental assessment with the involvement of the provinces where they agree to participate.
FNLMA Environmental Assessment Law Framework Agreement Section 21 (3) First nation laws respecting environmental assessment must provide for the establishment, in accordance with the Framework Agreement, of an environmental assessment process applicable to all projects carried out on first nation land that are approved, regulated, funded or undertaken by the first nation.
FNLMA Environmental Assessment Law Land Codes usually note the environmental protection and environmental assessment authorities as per the Framework Agreement Individual Agreement Annex F Interim Environmental Assessment Process until long-term process established. e.g., Matsqui First Nation Environmental Assessment Law http://eareview-examenee.ca/wp-content/uploads/uploaded_files/matsqui- first-nation-environmental-assessment-law.pdf
EIA Recommendations from Cree Nations of Northern Ontario/Quebec Recommendations 1. Establish an Advisory Committee comprised of representatives from First Nations, the Provinces and Canada to participate in the policy discussions on areas of environmental stewardship and review of potential downstream, downwind, down gradient impacts; 2. Establish an Indigenous Advisory Committee based on ecological boundaries as opposed to national and provincial indigenous structures; 3. Formally integrate Traditional Ecological Knowledge (TEK) into the EIA process; 4. Establish regional governance/structures to coordinate cumulative impacts research and priorities;
EIA Recommendations from Cree Nations of Northern Ontario/Quebec Recommendations cont d. 5. Establish regional governance/structure to plan for environmental stewardship and sustainable development. 6. Establish a framework to co-develop with indigenous groups on a regional strategic environmental assessment (RSEA) process based on ecological regions so to benefit from local indigenous expertise. 7. Establish a framework to begin a regional environmental monitoring and management of protected ecological regions, 8. Identify the mitigation potential of environmental conservation and enhancement as a means to offset the environmental impacts of proposed new projects.
Environmental Impact Assessment Any questions contact: Tim Powers, BC Ecosphere Management Ltd. 2543 Pandora St., Vancouver, BC V5K 1V7 (604) 838-2649 tpowers@telus.net THANK YOU
