Guide to the Canadian Environmental Assessment Registry

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3 Canadian Environmental Assessment Act Guide to the Canadian Environmental Assessment Agency Training and Guidance Original: October 2003 Updated: August 2005

4 Note to Readers Updates This document may be reviewed and updated periodically by the Canadian Environmental Assessment Agency (the Agency). To ensure that you have the most up-to-date version, please consult the Guidance Materials page of the Agency s Web site at Copyright Her Majesty the Queen in Right of Canada, 2005 This publication may be reproduced for personal or internal use without permission, provided the source is fully acknowledged. However, multiple copy reproduction of this publication in whole or in part for purposes of redistribution requires the prior written permission from the Minister of Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5 or copyright.droitdauteur@pwgsc.gc.ca. Catalogue No.: En106-59/2005E-PDF ISBN: This document has been issued in French under the title: Guide sur le Registre canadien d évaluation environnementale.

5 Table of Contents GUIDE OVERVIEW...1 PART 1. OVERVIEW OF REGISTRY POLICIES AND OPERATIONS GENERAL DESCRIPTION OF THE REGISTRY Internet Site Project File Clearing Records for Inclusion in the Project File Third Party Information Providing Convenient Public Access Responding to Requests in a Timely Manner REGISTRY RESPONSIBILITIES REGISTRY COORDINATION THE OFFICIAL LANGUAGES ACT AND THE REGISTRY TRANSITION FROM THE FEDERAL ENVIRONMENTAL ASSESSMENT INDEX TO THE REGISTRY INTERNET SITE..23 PART 2. REGISTRY CONTENTS FOR ENVIRONMENTAL ASSESSMENTS REGISTRY CONTENTS FOR A SCREENING REGISTRY CONTENTS FOR A CLASS SCREENING REGISTRY CONTENTS FOR A COMPREHENSIVE STUDY REGISTRY CONTENTS FOR A MEDIATION OR ASSESSMENT BY A REVIEW PANEL...34 PART 3. REGISTRY RECORDS NOTICE OF COMMENCEMENT DESCRIPTION OF THE PROJECT SCOPE NOTICES ISSUED TO REQUEST PUBLIC INPUT IN A SCREENING DESCRIPTION OF THE FACTORS AND THE SCOPE OF THOSE FACTORS SCREENING REPORT RESPONSIBLE AUTHORITY S ENVIRONMENTAL ASSESSMENT DECISION FOLLOW-UP PROGRAM DECISION IN A SCREENING FOLLOW-UP PROGRAM DESCRIPTION ANY OTHER APPROPRIATE INFORMATION FOR A SCREENING OR COMPREHENSIVE STUDY NOTICE OF TERMINATION OF A SCREENING OR COMPREHENSIVE STUDY NOTICE OF REFERRAL TO A MEDIATOR OR REVIEW PANEL AND TERMS OF REFERENCE AGREEMENT REGARDING FEDERAL ENVIRONMENTAL ASSESSMENT COORDINATOR NOTICES ISSUED TO REQUEST PUBLIC INPUT IN A COMPREHENSIVE STUDY MINISTER OF THE ENVIRONMENT S DECISION ON THE TYPE OF ENVIRONMENTAL ASSESSMENT DURING A COMPREHENSIVE STUDY COMPREHENSIVE STUDY REPORT MINISTER OF THE ENVIRONMENT S ENVIRONMENTAL ASSESSMENT DECISION STATEMENT MINISTER OF THE ENVIRONMENT S DETERMINATION THAT MORE INFORMATION IS REQUIRED OR THAT PUBLIC CONCERNS NEED TO BE FURTHER ADDRESSED NOTICES ISSUED TO REQUEST PUBLIC INPUT DURING A MEDIATION OR ASSESSMENT BY A REVIEW PANEL NOTICE OF TERMINATION OF A MEDIATION OR ASSESSMENT BY A REVIEW PANEL NOTICE OF CONCLUSION OF MEDIATION REPORT OF THE MEDIATOR OR REVIEW PANEL FEDERAL GOVERNMENT RESPONSE TO REPORT OF THE MEDIATOR OR REVIEW PANEL ANY OTHER APPROPRIATE INFORMATION FOR A MEDIATION OR ASSESSMENT BY A REVIEW PANEL NOTICE TO REQUEST PUBLIC COMMENT ON A PROPOSED CLASS SCREENING REPORT CLASS SCREENING REPORT DECLARATIONS REGULAR STATEMENT ON USE OF A CLASS SCREENING REPORT DECLARATION REVOKING THE USE OF A REPORT AS A CLASS SCREENING...72

6 List of Figures FIGURE 1: INTERNET SITE RECORDS FOR A SCREENING...26 FIGURE 2: INTERNET SITE RECORDS FOR A CLASS SCREENING...29 FIGURE 3: INTERNET SITE CONTENTS FOR A COMPREHENSIVE STUDY...31 FIGURE 4: INTERNET SITE CONTENTS FOR A MEDIATION OR REVIEW PANEL...34

7 Guide Overview Guide Overview Purpose of guide The Canadian Environmental Assessment Agency (the Agency) has prepared this guide to provide: an overview of the policies and operations of the Canadian Environmental Assessment Registry (the Registry) established under the Canadian Environmental Assessment Act (the Act); guidance on key considerations related to maintaining the Registry; and guidance on the content to be included in both the project file and the Internet site components of the Registry for different types of environmental assessments. Intended users of guide The guide will be of interest to: staff in responsible authorities who are responsible for maintaining the Registry and/or contributing records to the Registry; staff in responsible authorities who are responsible for conducting or coordinating environmental assessments; and Agency staff in headquarters and the regional offices. Contents This guide contains the following main parts: Part Page Part 1. Overview of Registry Policies and Operations 3 Part 2. Registry Contents for Environmental Assessments 25 Part 3. Registry Records 37 Technical assistance for the Registry This is not a technical user s guide addressing such tasks as opening Registry Internet site accounts and inputting and accessing data. Technical guidance for responsible authorities is available directly from the Agency at rcee.cear@acee-ceaa.gc.ca and on the Registry Internet site at Disclaimer This guide is intended for information purposes only. It should not be perceived as a substitute for the Canadian Environmental Assessment Act or any of its regulations. In the event of any inconsistency between this guide and the Act or regulations, the latter would prevail. Individuals with specific questions about the legislation are urged to seek legal advice. 1

8 Guide Overview Additional guidance If, after consulting this guide, you need further advice or information about the, please contact your regional office of the Canadian Environmental Assessment Agency. Contact details are available at 2

9 Part 1. Overview of Registry Policies and Operations Part 1. Overview of Registry Policies and Operations Purpose of Part 1 Part 1 of this guide provides an overview of the policies and operations of the (the Registry). Registry objectives The Registry seeks to: facilitate convenient public access to information and records related to environmental assessments conducted under the Canadian Environmental Assessment Act (the Act); provide timely notice about the commencement of these environmental assessments; and provide timely notice about opportunities for public participation in these environmental assessments. Contents This part contains the following topics: Topic Page 1.1 General Description of the Registry Internet Site Project File Clearing Records for Inclusion in the Project File Third Party Information Providing Convenient Public Access Responding to Requests in a Timely Manner Registry Responsibilities Registry Coordination The Official Languages Act and the Registry Transition from the Federal Environmental Assessment Index to 23 the Registry Internet Site 3

10 Part 1. Overview of Registry Policies and Operations 1.1 General Description of the Registry Overview of the Registry The Registry is a government-wide mechanism to facilitate public access to records related to environmental assessments conducted under the Act. The Registry s two components The Registry consists of two complementary components: an Internet site and a project file. The Internet site is an electronic registry administered by the Canadian Environmental Assessment Agency (the Agency). A responsible authority or the Agency contributes specific records relating to an environmental assessment. The project file is a file maintained by a responsible authority or the Agency during an environmental assessment, and made available to the public in a convenient manner. The project file includes all records produced, collected or submitted with respect to the environmental assessment of the project (including all records on the Internet site). Duration of project file maintenance The project file is maintained for every project from the commencement of an environmental assessment under the Act, until the completion of any followup program, or, for environmental assessments that do not include a followup program, until the responsible authority has made its environmental assessment decision. Parties with Registry obligations Registry obligations apply to: the responsible authority that is responsible for conducting an environmental assessment under the Act; the federal environmental assessment coordinator (if a party other than the responsible authority); and the Agency. 4

11 Part 1. Overview of Registry Policies and Operations Projects with no Registry requirements There are no Registry obligations for projects that do not require an environmental assessment under the Act, that is: projects listed on the Exclusion List Regulations; projects undertaken in response to a national emergency under the Emergencies Act; or projects undertaken in urgent situations to protect public health, public safety, property and the environment. More than one responsible authority Only one Registry is established for an environmental assessment.* If there are two or more responsible authorities involved in an environmental assessment, one of them is designated as being responsible for establishing and maintaining the Registry. The other responsible authority (or authorities) still may need to contribute records to the Registry, through the designated responsible authority. For more details on coordination see 1.3 Registry Coordination. * Note: it may be appropriate to maintain a duplicate project file in another location, such as the department s national headquarters library or reading room. This is not considered to be more than one Registry. Definition of record Under the Act, a "record" includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof. Registry For details on the Registry for specific types of environmental assessments, see Part 2. Registry Contents for Environmental Assessments. References in the Act Subsections 55(1), 55(2) and 55(3). 5

12 Part 1. Overview of Registry Policies and Operations Internet Site Description of Internet site The Internet site of the Registry is a federal government-wide electronic registry established under the Act. It provides convenient public access to records related to environmental assessments conducted under the Act. Public access to the Registry s Internet site is available through the Agency s Web page at ceaa-acee.gc.ca/050/index_e.cfm. Technical assistance Technical guidance for responsible authorities is available directly from the Agency and on the Registry s Internet site. Responsibilities for Internet site The following table outlines the main Internet site responsibilities for each party. Party Responsible authority Canadian Environmental Assessment Agency Responsibilities Ensure that the records for which it is responsible are included in the Internet site. Respond to requests for information from the public in a timely manner. Administer the Internet site. May determine: the format of the Internet site and how it is to be kept; how records are to be included and what information must be contained in those records; when records must be contained in the Internet site and when they may be removed; and how access to the Internet site is to be provided. Manage transition to the new Registry provisions from the former system. Ensure that the specified records for which it is responsible are included in the Internet site. Ensure that copies of records are provided in a timely manner on request. 6

13 Part 1. Overview of Registry Policies and Operations Federal environmental assessment coordinator Ensure that each responsible authority fulfills its Registry obligations. Ensure that copies of records are provided in a timely manner on request. Contents of Internet site For specific requirements under different types of environmental assessments, see Part 2. Registry Contents for Environmental Assessments. References in the Act Sections 55.1 and 55.2, and subsections 55.3(1), 55.3(2) and 55.3(3). 7

14 Part 1. Overview of Registry Policies and Operations Project File Description of project file The project file of the Registry is a set of all records produced, collected or submitted with respect to an environmental assessment conducted under the Act. By definition, inclusion in the project file means that the record is available to the public. The project file provides an opportunity for interested members of the public to review, first hand, reports, maps and other records relevant to the environmental assessment. Responsibilities for project file The following table outlines the main project file responsibilities for each party. Party Responsible authority Canadian Environmental Assessment Agency Federal environmental assessment coordinator Responsibilities Establish and maintain the project file for the duration of the environmental assessment, including any follow-up program. Ensure that the specified records for which it is responsible are included. Ensure that the project file is available to the public in a convenient manner. Respond to requests for information from the public in a timely manner. Ensure that specified records for which it is responsible are included. Maintain a project file if the project is referred to a mediator or a review panel. Ensure that a copy of any record available in the Registry is provided in a timely manner, when requested. Ensure that each responsible authority fulfils its Registry obligations. Ensure that a copy of any record available in the project registry is provided in a timely manner, when requested. 8

15 Part 1. Overview of Registry Policies and Operations Contents of project file Every environmental assessment s project file must include all records produced, collected or submitted with respect to the environmental assessment of the project, with the exception of those records or parts of records that may be exempted under the Access to Information Act, as described in Clearing Records for Inclusion in Project File. Records that must be included in the project file are: all records included in the Registry s Internet site component for the environmental assessment; reports related to the environmental assessment, such as background technical reports and the environmental assessment report; comments filed by the public with respect to the environmental assessment; records relating to the need for, design of or implementation of any follow-up program; and records requiring mitigation measures to be implemented. For specific requirements under different types of environmental assessments, see Part 2. Registry Contents for Environmental Assessments. Maintenance of project file The responsible authority applies the following guidelines in maintaining the project file component of the Registry: Clearing Records for Inclusion in Project File Third Party Information Providing Convenient Public Access Responding to Requests in a Timely Manner References in the Act Subsections 55.4(1) and 55.4(2). 9

16 Part 1. Overview of Registry Policies and Operations Clearing Records for Inclusion in the Project File Access to all records Under the Act, the public has the right to see all records produced, collected or submitted with respect to the environmental assessment of the project. This information, however, may be subject to certain conditions related to exempted information. Recommended procedures for determining inclusion The responsible authority maintaining the project file applies the following procedures when determining whether a specific record should be included. Confirm that the information item is a record as defined in the Act, and that it relates to an environmental assessment. Include the record in the project file if it has already been made publicly available. If the record has not already been made publicly available, include the record if: it would have been disclosed to the public in accordance with the Access to Information Act had a request been made for the record under that Act, or it would be in the public interest to disclose it because it is required for the public to participate effectively in the assessment, with the exception of any record exempted under section 20 of the Access to Information Act (e.g., disclosure of third party information). Note: In some cases, only part of a record may be exempted. The rest of the record is still made available in the project file. Obligations for general document management In addition to maintaining the project file, responsible authorities conducting environmental assessments under the Act should manage hardcopy and electronic versions of records in a manner consistent with the: Access to Information Act; Privacy Act; and Library and Archives of Canada Act. Additional guidance For specific questions relating to the possible disclosure of certain information under the Access to Information Act, individuals responsible for the Registry during an environmental assessment should contact their departmental access to information coordinator. 10

17 Part 1. Overview of Registry Policies and Operations References in the Act Paragraph 55.4(b) and subsection 55.5(1). 11

18 Part 1. Overview of Registry Policies and Operations Third Party Information Definition of third party information Section 20 of the Access to Information Act defines "third party information as: a) trade secrets of a third party; b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party; c) information the disclosure of which could be reasonably expected to result in material financial loss or gain to, or could reasonably prejudice the competitive position of, a third party; or d) information the disclosure of which could be reasonably expected to interfere with contractual or other negotiations of a third party. Treatment of third party information The responsible authority determines whether third party information should be included in the Registry in a manner consistent with the Access to Information Act. The responsible authority must give adequate notice to a third party when it intends to release information that could be considered third party information. The third party can make representation to the government as to why the records should not be released. The third party can apply to the courts for a review of a decision to disclose a record. Reference in the Act Subsection 55.5(2). 12

19 Part 1. Overview of Registry Policies and Operations Providing Convenient Public Access Public access to records Under the Registry provisions of the Canadian Environmental Assessment Act, the public has access to the same records that would be available through a formal request under the Access to Information Act. However, under the Canadian Environmental Assessment Act, the public does not have to make a formal access to information request. The public has a right to convenient public access to these records and need not wait for the standard processing periods provided for under the Access to Information Act. Inclusion in the Registry means, by definition, that the record is publicly available. Provision of records list Though the public has a right to all records produced relating to the environmental assessment, not all of these records will be of practical use (e.g., some records will deal with routine administrative matters). To help the public more efficiently identify and request records available in the project file, it is recommended that the responsible authority provide a list of records that may be of interest to the public in understanding the environmental assessment or of assistance in participating in the environmental assessment. The list should include a notice indicating that public access is not limited to only those records on the list. The records list should be maintained over the course of the environmental assessment. The list could be made available electronically on the Registry s Internet site, as well as in hardcopy format at the physical location of the project file. Project file location The project file should, if possible, be physically located in the project area or region where those individuals and communities likely to be affected by the project live. The project file may be located in the appropriate responsible authority s regional/local offices, or in community facilities such as libraries and town offices. It may be appropriate to maintain a duplicate project file in another location, such as the department s national headquarters library or reading room. 13

20 Part 1. Overview of Registry Policies and Operations Public awareness of project file The responsible authority has the discretion to use communication tools, such as notices in local newspapers, to inform the public of the existence of the project file. This action may be appropriate if there is a high level of public interest in the project. References in the Act Subsection 55(2) and section

21 Part 1. Overview of Registry Policies and Operations Responding to Requests in a Timely Manner Need for timely response The responsible authority responds to public requests for records in the Registry as soon as possible, to allow for meaningful public participation in the environmental assessment. Priority for public participation If practical, the responsible authority may give priority to requests from persons wanting to participate in a public participation event being conducted as part of the environmental assessment. Format of response Electronic transmission of records is encouraged for purposes of efficiency; however, sending hard copies by mail is also acceptable. Time for environmental assessment decision A responsible authority can make the environmental assessment decision on the project in a screening only after a minimum 14-day waiting period after the following information has been included on the Internet site of the Registry: the notice of commencement; the description of the scope of the project; and if the responsible authority is providing an opportunity for public participation under subsection 18(3) of the Act, the description of the factors to be taken into consideration and the scope of those factors; or instructions on how to obtain this information. A responsible authority can make the environmental assessment decision on the project on the 15 th day. This waiting period provides time for the public to become aware of the screening report and other available records and to have an opportunity to submit comments. Determining access to records Under the Access to Information Act, access is to be provided within 30 calendar days after a request is received. Under the Canadian Environmental Assessment Act, however, access to any record in the Registry is predetermined before any request is received. The responsible authority does not need to take any time to determine whether access to a requested record is to be provided, or to search for a record. Consequently, a more timely response is possible. 15

22 Part 1. Overview of Registry Policies and Operations Reference in the Act Subsection 20(4). 16

23 Part 1. Overview of Registry Policies and Operations 1.2 Registry Responsibilities Three responsible parties Three parties have responsibilities for the establishment and operation of the Registry under the Act: any responsible authority; the Canadian Environmental Assessment Agency; and the federal environmental assessment coordinator. Responsible authority and federal environmental assessment coordinator For ease of reference, the Registry responsibilities of the responsible authority and the federal environmental assessment coordinator are presented separately in this guide. However, in some environmental assessments, the responsible authority and federal environmental assessment coordinator will be the same, and the former will assume the federal environmental assessment coordinator s responsibilities. Responsibilities The following table outlines the main responsibilities for each party. Party Responsible authority Registry Responsibilities Establish and maintain the project file for the duration of the environmental assessment, including any follow-up program. Ensure that the specified records for which it is responsible are included in the Internet site. Ensure that the project file is available to the public in a convenient manner. Respond to requests for information from the public in a timely manner. Canadian Environmental Assessment Agency Administer the Internet site of the Registry. Maintain a project file if the project is referred to a mediator or a review panel. May determine: the format of the Internet site and how it is to be kept; how records are to be included and what information 17

24 Part 1. Overview of Registry Policies and Operations must be contained in those records; when records must be contained in the Internet site and when they may be removed; and how access to the Internet site is to be provided. Manage transition to the new Registry provisions from the former system. Ensure that the specified records for which it is responsible are included in the Internet site. Ensure that any record available in the Registry is provided in a timely manner when requested. Federal environmental assessment coordinator Ensure that responsible authority fulfils its Registry obligations. Ensure that any record available in the Registry is provided in a timely manner when requested. Meaning of ensure The term ensure used in the Act with respect to responsibilities implies that: a party has the direct obligation to actually carry out the task; or the party may delegate the task to another party. In either case, the responsibility to ensure that something has been done means that the responsible party must undertake some sort of management or administrative activity to see that the task has indeed been carried out by the other party. For example, a federal environmental assessment coordinator may put an item on the regular agenda of a federal project committee meeting so execution of the task can be formally discussed. 18

25 Part 1. Overview of Registry Policies and Operations 1.3 Registry Coordination Need for coordination Most environmental assessments are screenings that involve only one responsible authority. However, some environmental assessments do involve more than one responsible authority or jurisdiction participating in a joint assessment. Coordination among these participants promotes certainty, efficiency, predictability and timeliness in environmental assessments involving the federal government. Coordination of Registry obligations is needed so: there is only one federal Registry established and maintained for each environmental assessment; all records are contributed in a timely manner; and the public is directed to a single point of contact to review records maintained in the project file. Purpose of federal environmental assessment coordinator The federal environmental assessment coordinator is established for every screening and comprehensive study conducted under the Act to: promote coordination among responsible authorities and expert federal departments involved in the same environmental assessment; ensure a single federal window in assessments involving other jurisdictions, to promote cooperation and avoid duplication of resources; facilitate communication and cooperation among participants in the environmental assessment, including the proponent, other jurisdictions and the public; and ensure that a copy of any record available in the Registry is provided in a timely manner, when requested. 19

26 Part 1. Overview of Registry Policies and Operations Federal environmental assessment coordinator Registry responsibilities The federal environmental assessment coordinator will be either a responsible authority or the Agency. The federal environmental assessment coordinator will: ensure that, in the case of multiple responsible authorities, one is designated as being responsible for establishing and maintaining the Registry; ensure that Registry obligations are identified and coordinated; monitor the Registry to confirm timely contribution of records; and in the case of a multi-jurisdictional assessment, work directly with the other jurisdiction to coordinate public notification (e.g., scheduling of notification, consistency of information, common set of contacts). Additional guidance For more information on the role of the federal environmental assessment coordinator, see the guide entitled Federal Coordination: An Overview. 20

27 Part 1. Overview of Registry Policies and Operations 1.4 The Official Languages Act and the Registry Official Languages Act guidelines The following outlines the general requirements of the Official Languages Act as related to the common of the Registry. For specific information about the application of the Official Languages Act, it is recommended that responsible authorities contact their appropriate departmental officials. If the record is and then it a screening report and an opportunity for public participation is provided under subsection 18(3) of the Act (see: offices required to provide services in both official languages), a proposed or declared class screening report, a comprehensive study report, or a mediator or review panel report... any record required by the Act to be on the Registry s Internet site (e.g., notice of commencement) any record in the Registry s project file when prepared by a federal institution, or on its behalf, and the purpose is to communicate with the public the document is issued by an office having responsibilities to communicate with the public in both official languages the document is issued by an office having responsibilities to communicate with the public in both official languages must be available simultaneously in both official languages, on both the Internet site and the project file. must be available simultaneously in both official languages. must be made available in both official languages. any other record in the Registry s project file may be made available only in the official language of origin. 21

28 Part 1. Overview of Registry Policies and Operations a link on the Registry s Internet site the link is to a unilingual site originating from an organization not subject to the Official Languages Act (e.g., a proponent or other government) may be provided, if the link is preceded with the standard disclaimer provided on the Internet site. Bilingual standard disclaimer This site contains links to Web sites originating from organizations not subject to the Official Languages Act and the information on these sites is made available in the language in which it was written. Ce site comprend des hyperliens à des sites provenant d organismes qui ne sont pas assujettis à la Loi sur les langues officielles et les renseignements de ces sites sont mis à votre disposition dans leur langue d origine. Offices required to provide services in both official languages Offices of a federal institution having responsibilities to communicate with the public in both official languages are: head or central offices; an office located within the National Capital Region; and an office located in an area where there is a significant demand (as prescribed by regulations). Meaning of opportunities for public participation Providing an opportunity for public participation refers to an active approach seeking information and feedback from the public. It must include a notice to inform the public of the opportunity to participate, as well as relevant information on time, location or deadlines. Examples of such opportunities include providing a period of public review and comment, and scheduling public meetings and open houses in a community. Note that the screening report must be in the project file of the Registry, and that the public has the right to request a copy and provide comments. However, this right of access is not considered to be the same as the responsible authority providing an opportunity for public participation under subsection 18(3). 22

29 Part 1. Overview of Registry Policies and Operations 1.5 Transition from the Federal Environmental Assessment Index to the Registry Internet Site Registry provisions The Internet site of the Registry replaces the former Federal Environmental Assessment Index (the FEAI). The FEAI had been established by the Agency to provide a single-window approach to accessing information on environmental assessments under the Act. The content of the Internet site, and the obligations for ensuring that specified records are included on the site, differ from those under the FEAI. The obligation of responsible authorities to maintain a separate project file (formerly a public registry) of relevant records for each environmental assessment remains. Transition policy The legislation establishes a grandfathering approach to the general transition to the amended provisions of the Act. That is, an environmental assessment started before the amendments to the Act were brought into force will continue under the former process, even if the amended provisions are brought into force at some point during the assessment. This approach: avoids the prospect of a change in rules and obligations for responsible authorities in mid-assessment; and provides greater certainty about process requirements for federal authorities, proponents and other participants. 23

30 Part 1. Overview of Registry Policies and Operations Implications of the transition The following table outlines the implications of the transition from the Federal Environmental Assessment Index to the Registry: If the environmental assessment is initiated PRIOR to Registry provisions coming into force AFTER Registry provisions come into force responsible authorities: then the are required to maintain public registries, as required under the former provisions; and may voluntarily use the Registry. The Agency will maintain the Federal Environmental Assessment Index, as necessary. responsible authorities are required to contribute specified records to the Registry s Internet site and maintain the appropriate records in their project files. The Agency will archive the Federal Environmental Assessment Index database and make it available to the public for information purposes. 24

31 Part 2. Registry Contents for Environmental Assessments Part 2. Registry Contents for Environmental Assessments Purpose of Part 2 Part 2 of this guide provides guidance on the of the Canadian Environmental Assessment Registry (the Registry) in the different types of environmental assessments conducted under the Canadian Environmental Assessment Act (the Act). Registry content covers records in both the Internet site and the project file. Organization of Part 2 The following information is provided under each type of environmental assessment: records under the responsibility of the responsible authority, and when these records must be included in the Registry; records under the responsibility of the Canadian Environmental Assessment Agency (the Agency), and when these records must be included in the Registry; and links to detailed information on each record in Part 3 of the guide. Contents This part contains the following topics: Topic Page 2.1 Registry Contents for a Screening Registry Contents for a Class Screening Registry Contents for a Comprehensive Study Registry Contents for a Mediation or Assessment by a Review 34 Panel 25

32 Part 2. Registry Contents for Environmental Assessments 2.1 Registry Contents for a Screening Project file requirements In each phase: include all records produced, collected or submitted with respect to the EA (including all Internet site records, reports, public comments, requirements for mitigation, etc.); maintain file and ensure convenient public access; and respond to information requests in a timely manner. If conducting public participation If providing opportunity for public participation, the following must be posted on the Internet site before the public participation activity: Public notice(s) to request public participation Description of the factors and scope of factors, or how to obtain this information Figure 1: Internet site records for a screening Notice of commencement Coordination agreement, if applicable Description of project scope Any other appropriate information Any other appropriate information Screening report, or how to obtain a copy Any other appropriate information Responsible Authority s decision and a statement of mitigation measures Notice of whether follow-up program is appropriate Any other appropriate information A description summarizing the follow-up program and its results, or how to obtain this information, if applicable Any other appropriate information 26

33 Part 2. Registry Contents for Environmental Assessments Additional records Additional records will be required if the screening is terminated or referred to a review panel or mediator. Responsible authority obligations The responsible authority must ensure that the Registry includes the following content for a screening: Registry content relating to is mandatory Details the notice of commencement within 14 days of the commencement of the screening; and on the Internet site 14 days before the responsible authority determines its course of action. 3.1 the description of the project scope the notices issued to request public input in a screening before providing the public with an opportunity to examine and comment on the screening report; and on the Internet site 14 days before the responsible authority determines its course of action. if a responsible authority provides an opportunity for public participation the description of the factors and the scope of those factors the screening report, or how to obtain a copy the responsible authority s environmental assessment decision the follow-up program decision in a screening the follow-up program description or how to obtain a copy any other appropriate information for a screening the notice of termination of a screening before providing the public with an opportunity to examine and comment on the screening report; and if opportunity for public participation is provided, on the Internet site 14 days before the responsible authority determines its course of action. 3.4 upon completion of the report. 3.5 upon completion of the report and following a period of public comment (if provided), but not until the notice of commencement, a description of the project scope, and a description of the factors and their scope (if applicable) have been on the Internet site for 14 days. upon completion of the report and the environmental assessment decision if a follow-up program is implemented. 3.8 on the Internet site throughout the screening, if a responsible authority deems it to be appropriate. 3.9 if the screening is terminated

34 Part 2. Registry Contents for Environmental Assessments the copies of all records produced, collected or submitted with respect to the screening throughout the screening and must be included in the project file. Agency obligations The Agency must ensure that the Registry includes the following content for a screening: Registry content relating to is mandatory Details the notice of referral to a mediator or review panel and terms of reference when a project is referred to a mediator or review panel any agreement regarding the federal environmental assessment coordinator when there is a special agreement relating to the role of the federal environmental assessment coordinator

35 Part 2. Registry Contents for Environmental Assessments 2.2 Registry Contents for a Class Screening Class screening report development This summary reflects the Registry requirements when the class screening report is originally being prepared. Registry requirements need not be duplicated each time the class screening is used; however, a statement of the projects for which the class screening was applied must be included on the Internet site a minimum of every three months. Project file requirements In each phase: include all records produced, collected or submitted with respect to the class screening (including all Internet site records, reports, public comments, requirements for mitigation, etc.); maintain file and ensure convenient public access; and respond to information requests in a timely manner. Figure 2: Internet site records for a class screening Public notice(s) to request public participation Description of the factors and scope of factors, or how to obtain this information Any other appropriate information Public notice(s) to request public participation Any other appropriate information Public notice(s) to request public participation Draft class screening report, or how to obtain a copy Deadline and address for filing comments Any other appropriate information Agency s declaration of the class screening report as a model or replacement Final class screening report, or how to obtain a copy Any other appropriate information Additional records Additional records will be required if the Agency determines that the class screening is no longer appropriate. 29

36 Part 2. Registry Contents for Environmental Assessments Responsible authority obligations The responsible authority must ensure that the Registry includes the following content for a class screening: Registry content relating to is mandatory Details a regular statement on use of a class on a quarterly basis (or more frequently, if 3.26 screening report agreed upon with the Agency). Agency obligations The Agency must ensure that the Registry includes the following content for a class screening: Registry content relating to is mandatory Details the notice to request public comment on prior to declaration by Agency on whether the 3.24 a proposed class screening report report may be used as a class screening report. the class screening report declaration a declaration revoking the use of a report as a class screening following a period of public review and comment. if the Agency determines that a report may no longer be used as a class screening report

37 Part 2. Registry Contents for Environmental Assessments 2.3 Registry Contents for a Comprehensive Study Project file requirements In each phase: include all records produced, collected or submitted with respect to the EA (including all Internet site records, reports, public comments, requirements for mitigation, etc.); maintain file and ensure convenient public access; and respond to information requests in a timely manner. Figure 3: Internet site for a comprehensive study Notice of commencement Coordination agreement, if applicable Description of project scope Public notice(s) to request public participation Description of factors and scope of factors, or how to obtain this information Minister s decision to continue EA by means of comprehensive study Any other appropriate information Public notice(s) to request public participation Any other appropriate information Public notice(s) to request public participation Comprehensive study report, or how to obtain a copy Any other appropriate information Minister s request for additional information or request to address public concerns, if applicable Minister s environmental assessment decision statement Responsible authority s decision and a statement of mitigation measures considered Any other appropriate information Description summarizing the follow-up program and its results, or how to obtain this information Any other appropriate information 31

38 Part 2. Registry Contents for Environmental Assessments Additional records Additional records will be required if the screening is terminated or referred to a review panel or mediator. Responsible authority obligations The responsible authority must ensure that the Registry includes the following content for a comprehensive study: Registry content relating to is mandatory Details the notice of commencement within 14 days of the commencement of the comprehensive study; and on the Internet site 29 days before the Minister issues an environmental assessment decision. 3.1 the description of the project scope notices issued to request public input in a comprehensive study the description of the factors and the scope of those factors the comprehensive study report or how to obtain copy the responsible authority s environmental assessment decision the follow-up program description or how to obtain a copy any other appropriate information for a comprehensive study the notice of termination of a comprehensive study copies of all records produced, collected or submitted with respect to the comprehensive study on the Internet site 29 days before the Minister issues an environmental assessment decision. prior to the opportunities for public participation in a comprehensive study. after the Minister of the Environment s decision to continue a comprehensive study, and 29 days before the Minister issues an environmental assessment decision statement. on completion of the report; and 29 days before the Minister issues an environmental assessment decision statement. following the Minister s environmental assessment decision statement. following the responsible authority s environmental assessment decision. In the Internet site at the discretion of responsible authority throughout the comprehensive study if the comprehensive study is terminated throughout the comprehensive study and must be included in the project file

39 Part 2. Registry Contents for Environmental Assessments Agency obligations The Agency must ensure that the Registry includes the following content for a comprehensive study: Registry content relating to is mandatory Details the notice of referral to a mediator or when a project is referred to a mediator or 3.11 review panel and terms of reference review panel. agreement regarding the federal environmental assessment coordinator the Minister of the Environment s decision on type of environmental assessment during a comprehensive study the Minister of the Environment's environmental assessment decision statement the Minister of the Environment's determination that more information is required or that public concerns need to be addressed when there is a special agreement relating to role of the federal environmental assessment coordinator. on completion of the preliminary scoping phase; and 29 days before the Minister issues an environmental assessment decision. on completion of the public review and comment on the comprehensive study report. on completion of the public review and comment on comprehensive study report, when the Minister concludes that more work is needed

40 Part 2. Registry Contents for Environmental Assessments 2.4 Registry Contents for a Mediation or Assessment by a Review Panel Project file requirements In each phase: include all records produced, collected or submitted with respect to the EA (including all Internet site records, reports, public comments, requirements for mitigation, etc.); maintain file and ensure convenient public access; and respond to information requests in a timely manner. Figure 4: Internet site for a mediation or review panel Any from a screening or comprehensive study, if previously started Notice of referral to a mediator or review panel Terms of reference for a mediator or review panel Any other appropriate information Public notice(s) to request public participation Any other appropriate information Public notice(s) to request public participation Mediator or review panel s report, or a summary of the report Any other appropriate information Response to mediator or review panel s report Responsible authority s decision following the approval by the Governor in Council and a statement of mitigation measures considered Any other appropriate information Description of the follow-up program and its results, or how to obtain this information Any other appropriate information 34

41 Part 2. Registry Contents for Environmental Assessments Additional records Additional records will be required if the mediation or assessment by review panel is terminated or concluded. Responsible authority obligations The responsible authority must ensure that the Registry includes the following content for a mediation or review panel: Registry content relating to is mandatory Details the responsible authority s environmental assessment decision following federal response to the report of the mediator or review panel, and at least 29 days after the report or a summary of it has been included on the Internet site. 3.6 a follow-up program description or how to obtain this information the federal government response to report of the mediator or review panel following the responsible authority s environmental assessment decision. following federal government review of the report of the mediator or review panel Agency obligations The Agency must ensure that the Registry includes the following content for a mediation or review panel: Registry content relating to is mandatory Details the notice of referral to a mediator or review panel and terms of reference if the project is referred to a mediator or review panel the notices issued to request public input during a mediation or assessment by a review panel prior to the opportunities for public participation in a mediation or review panel the notice of termination of a mediation or assessment by a review panel if mediation or the review panel is terminated the notice of conclusion of a mediation the report of the mediator or review panel any other appropriate records in a mediation or an assessment by a review panel if the Minister of the Environment orders the conclusion of a mediation. on receipt of the report; and 29 days before the responsible authority determines its course of action. on the Internet site throughout the mediation or review panel, at the discretion of the Agency