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Indigenous Services Canada (ISC) Environmental Review Process (ERP) Links to Learning November 21, 2018 Vancouver, BC
Indigenous Services
Canada (ISC)
Environmental Review
Process (ERP)
Links to Learning
November 21, 2018
Vancouver, BC
Outline
Canadian Environmental Assessment Act
• Existing Act and Upcoming Changes
• Key Definitions
Indigenous Services Canada (ISC) Environmental Review Process (ISC)
• Step by Step Process
• Importance of Data Collection and Mitigation Measures and Cumulative Effects
• Case Studies
Comments and Questions
Canadian Environmental Assessment Act, 2012 (CEAA)
• Legislative basis for Federal practice of Environmental
Assessment in most regions of Canada
• CEAA 2012 sets out specific requirements for projects
carried out on Federal lands
• Under Section 67, Federal authorities MUST:
• Review projects for significant environmental effects
• Determine that such effects are unlikely, before issuing any authorizations,
such as permits or leases in support of any project (s. 67)
• Report to Parliament yearly regarding this obligation (s.71)
Upcoming Changes to the Act
• Bill C-69 – Impact Assessment Act (IAA)
• “An Act to enact the Impact Assessment Act and the Canadian
Energy Regulator Act, to amend the Navigation Protection Act and
to make consequential amendments to other Acts”
• CEAA 2012 vs. AIA (2019)
– Development of an online Public Registry
– Consistent Approach to Identifying Excluded Projects
– Consideration of Cumulative Effects
Key Word Definitions:
• Impact Assessment: An assessment of the “effects” of a project.
• Effects: Changes to the environment or to health, social or
economic conditions and the consequences of these changes.
• Mitigation Measures: Measures to eliminate, reduce, control or
offset the adverse effects of a project or designated project, and
includes restitution for any damage caused by those effects through
replacement, restoration, compensation or any other means.
• Sustainability: The ability to protect the environment, contribute to
the social and economic well-being of the people of Canada and
preserve their health in a manner that benefits present and future
generations.
ISC Environmental Review Process
• Environmental Impact Assessment is a tool for
anticipating and mitigating adverse effects to the
biophysical environment before they occur
• The ISC Environmental Review Process (ERP) ensures
that the environmental impacts of projects proposed on
reserve are carefully considered.
• ISC triggers include instruments (such as permits and
leasing) and funding.
ISC Environmental Review Objectives
• Predict Environmental Effects:
a. Small projects (e.g. commercial / residential)
and,
b. Medium sized projects (e.g. industrial
facilities (such as Cannabis), multi-year
developments / multi-phase projects)
• Recommend appropriate Mitigation Measures
• Determine Significance of Cumulative Effects
• Recommend Monitoring program Requirements
Guiding Principles of the ERP
• Level of Review is proportionate with Level of Risk
o The ERP applies best practices to project proposals and their specific potential risk.
• Collaboration with all parties involved, resulting in an Efficient and Transparent process
o Engagement with stakeholders and indigenous groups, with the ultimate goal of an effective and reliable process for all parties involved.
o During an environmental review, all affected parties are engaged.
• Ensure that due diligence is exercised and environmental effects are considered thoroughly prior to the issuance of any instruments
o ISC applies the ERP to all authorizations and instruments, regardless of whether they are statutory or not (e.g., funding).
Overview of the Environmental Review Process
Step 1.
Does the ERP apply?
Step 2
Complete a Project
Description
Step 3.
Identify level of Environmental
Review
Step 4.
Determination of
Environmental effects
Step 5.
Decision and Implementation
STEP 1: Does ERP Apply? Is it a Project?
Step 1.
Does the ERP apply?
Physical Work
Federal Lands
Project
•Structures
•Defined Area
•Fixed Location
•National Parks
•Military Bases
•Indian Reserves
Project meets all 3 conditions
Physical Activity
•Construction
•Modification
•Operation
•Decommissioning
When ERP does NOT apply?
• NOT considered a “Project”:
• Repairs to existing infrastructure
• No footprint expansion
• Project is listed as “minor project” on list under CEAA/IAA
• Indian Oil and Gas Canada
• First Nations Land Management Act
• Self-governing First Nations (Treaty)
If in doubt, consult your ISC environment officer!
Environment officers may input into feasibility studies, and terms of references to advise
on environmental legislative requirements and best practices, if needed.
Step 1.
Does the ERP apply?
• Environmental Audits (of existing
facility operation);
• Environmental Management
Plans (CEMPs and OEMPs);
• Environmental Site Assessments
( ESAs ) - Phase 1 and Phase 2;
• Wildlife studies;
• Archaeological Impact
Assessments;
• Engineering design drawings
and as-built or ‘record’ drawings.
ISC – Environmental Review: Supporting Documents
STEP 2: Complete the PROJECT DESCRIPTION FORM
• Preliminary Assessment of project
based on risk to environment
• Project Proponent must complete in
as much detail as possible
• Several Components to Complete
– Flora/Fauna
– Contact Information
Most common delay from incomplete
or inadequate PROJECT SUMMARY
Step 2
Complete a Project
Description
STEP 3 - Assessing Risk and Determining Level of Review
✓ Potential for pollution of air, soil, surface and groundwater
✓ Potential impacts to species at risk, their habitat and migratory birds
✓ Potential for impacts to fish and fish habitat
✓ Impacts to other valued ecosystem
components, including sensitive ecosystems
✓ Potential Impact to aboriginal or treaty rights
✓ Potential for public concern
✓ Ability for identified risks to be mitigated
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Step 3.Identify level of Environmental
Review
STEP 3 – Determining Level of Review
Understanding the information required for your Project
Excluded
Simple
Detailed
Designated
• Project Description required
• Project Description required
• Completion of Simple Review Form
• Project Description required
• Completion of Detailed Environmental Impact Assessment
• Referred to the Minister of Environment
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Step 3.Identify level of Environmental
Review
Excluded Projects •Projects with Negligible Impacts
- Renovation to Existing Structures
- Vegetation Maintenance
- Single Line Transmission Lines
- Upgrades to Existing Roads
- Regularization of existing small infrastructure (ie. Distribution lines)
Simple Scale Projects
Projects receiving a Simple Review are Small or Low Risk Projects including:
– Residential Construction
– New Bridges with No Instream Work
– New Roads
– Transmission Lines
– Some commercial development
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Detailed Scale Projects• Medium or Moderate-Risk Projects:
– Wind Farm (Small)
– Small-Scale Hydro (Independent Power Producers – IPPs)
– Industrial Facilities -Sawmill / Wastewater Treatment Facility
– Multi Development / Multi Phase
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Step 4: Determination of Environmental Effects
ISC Regional Environmental Specialist reviews materials to make
decision
– Assess effectiveness of mitigation measures, need for external experts, need for
project redesign or modification, etc.
– Identification for need of (additional) mitigation measures if required
– Mitigation measures are required wherever there are negative project-environment
interactions
Step 4.Determination of Environmental
effects
Step 5: Decision and Implementation
• Record of project, decision and all documentation recorded in ISC
Integrated Environmental Management System (database) Project
Description Form
• Decision approval levels:
– Minor environmental reviews recommended for approval or non-approval at
Environmental Specialist level (section H of the Project Description form)
– Simple environmental reviews approved or not approved at Manager & Director
level on recommendation of Environmental Specialist
– Detailed Projects approved by Regional Directors General level on
recommendation of Environmental Specialist, Manager and Director
– Designated Projects approved by the Minister of Environment and Climate Change
• Implementation includes completion of project design and construction AND
all required mitigation measures
– Mitigation measures are binding conditions that become a part of the instrument in
perpetuity
Step 5.Decision and
Implementation
Mitigation Measures Compliance Report
• Verify the application of the
mitigation measures
• Must be filled after project
completion
• Help to ensure that the potential
negative environmental effects
have been properly mitigated
• May require Monitoring Reports
Step 5.Decision and
Implementation
Case Study #1 - Ahousaht First Nation
• Located on a peninsula on
Flores Island in the
Clayoquot Sound Region
on the West Coast of
Vancouver Island
• Ahousaht First Nation
governance is under the
Indian Act
• The Marktosis Reserve IR
#15 has a population of
883, with 160 residences
on 20 hectares of land
• Access is only by Air and
Water
Flores Island
Case Study # 1 – Anderson Watermain Replacement
• Currently served by a
reliable source of water,
with treatment facilities
• Raw water from the dam
on Anderson Creek is
piped above ground to
Matilda Inlet in a high-
density polyethylene
(HDPE) supply main,
which then crosses
beneath the inlet
• Damaged by windfall,
bears (punctures), high
river flows
Case Study #1 – The Project Details
• Construction of an access
road for maintenance above
the watermain
• Construction of a bridge to
cross Anderson Creek
below the existing dam
spillway that will connect
the new access road to the
existing dam access road
• Replacement of the above ground water main from the Anderson Creek Dam to the shoreline of Matilda Inlet.
Case Study # 1 – Anderson Watermain Replacement
Capital Infrastructure – ISC BC Region
Feasibility Study Completed
- First Nations Support Letter
- Funding Application Submitted
- Design Brief
- Land Tenure
- Contract
- Environmental Reports
- Operations and Maintenance
- Required Permits
- Engineering Drawings
Case Study #1 –Environmental Reports
1. Phase 1 Environmental Site Assessment
– Entire subject site and adjacent sites
– In accordance with criteria established in CSA Standard Z768-01
(R2006), and the BC Contaminated Sites Regulations
2. Environmental Impact Assessment
– Identify aquatic and terrestrial wildlife habitat values, significant
environmental features, Environmentally Sensitive Areas (ESAs) and
plant communities within the study area
– Provide recommendations for the protection of sensitive habitat features
and describe measures needed to avoid and mitigate potential project
related environmental impacts
3. Archaeological Impact Assessment
– Locate and record sites of potential archaeological significance
– Evaluate findings to assess the nature and extent of expected impacts
Case Study #1 – Environmental Report Findings
1. Phase 1 Environmental Site Assessment
– No Areas of Potential Environmental Concern (APECs)
– No Underground Storage Tanks (USTs) or Above Ground Storage Tanks (ASTs)
– Possible asbestos and lead paint present but no recommendation for a Phase 2
ESA
2. Environmental Impact Assessment
– High Fisheries Values that may be Impacted – High Value Salmon Habitat
– Species at Risk high potential to be present – Marbled Murrelet Nesting Locations
– Permanent Impacts to the Matilda Inlet Estuary – High Biodiversity
3. Archaeological Impact Assessment
– 22 Culturally Modified Trees found within the Project Footprint
Case Study #1 – Environmental Report Findings
Now What?
– ISC has to decide whether this Project is Detailed, Simple or Excluded under the
Canadian Environmental Assessment Act (CEAA 2012) and also assess which
Permits/Licences are required for the Project to move ahead.
Case Study #1 – Detailed Environmental Review
DETAILED – Which Criteria? Which Legislation?
Relevant Federal Legislation:
• Environmental Assessment Act 2012 – ISC is Regulatory Authority
• Fisheries Act – Permanent Impacts to Fish Habitat
• Species at Risk Act – Marbled Murrelets are ‘Threatened’ on Schedule 1
• Migratory Birds Convention Act – Clearing of Vegetation
• Transportation of Dangerous Goods Act – Access is by Boat
• Heritage Act – Removal of known Heritage Features
Relevant Provincial Legislation:
• Forest Act – License to Cut
• Environmental Management Act – Permits relating to Waste/Pollution
• Water Sustainability Act – Section 9 Water License & Amendment
Case Study #1 – Detailed Environmental Review
• Species at Risk was determined to be the largest ‘environmental risk’ as
information was lacking in the Environmental Impact Assessment
• This included delineation of ‘Critical Habitat’ and actual usage of the Project
Site by Marbled Murrelets
• Environment Canada was engaged, along with a Qualified Environmental
Professional (QEP) and Ahousaht First Nation (who had particular interest
in the species)
• Additional surveys were undertaken in July, 2017 with the assistance and support of Ahousaht First Nation – the report has just been finalized
• The additional surveys will be utilized to retain trees determined to be of high habitat value
Case Study #1 – Mitigation Strategies
• Alignment will be adjusted based on the survey results, including avoidance
of CMT’s where possible
• A Construction Environmental Management Plan (CEMP) is being
developed and will include specific plans relating to the following:
– Vegetation Removal Plan
– Emergency Response Plan
– Species at Risk Management Plan
– Water Quality Sampling Plan
– Fisheries Management Plan
– Wildlife Management Plan
– Erosion & Sediment Control Plan
– Environmental Monitoring Plan
– Compensation Management Plan
Case Study #1 – Lessons Learned
• Full surveys for vegetation and wildlife should have been completed as part
of the original package scope, rather than leaving them as ‘unknowns’
• Appreciation of the length of time for permit issuance, even though it’s one
government to another
• Better communication inter-departmentally at ISC
• Understanding least risk timing windows and incorporating them into the
construction schedule – ie: Migratory Birds
• Better Project Management and Communication results in a design that has
less negative impact to the environment, at a lesser cost and can be
constructed in a timelier manner
Case Study #2 – Skidegate First Nation
• Located on Graham Island, which is part of the Haida GwaiiArchipelago, North BC
• Skidegate Nation governance is by the ‘Indian Act’
• The SkidegateReserve IR #1 has a population of 675, with 316 residences on 48 hectares of land.
• Access is only by Air and Water.
Graham Island
Case Study # 2 – Commercial Business Park Proposal
• Currently and Historically used
for light industrial purposes:
– Rock Quarry
– Lumber Mill
• There is no existing servicing to
the site but there are tie-ins
nearby
• The previous site use was never
reviewed or permitted by ISC
Case Study #2 – The Project Details
• Water, sewer, fire
protection and utilities will
all be installed on site
• The entire development will
be controlled by Skidegate
First Nation and leased for
99 years
• Construction of a Commercial Business Park, including a Community Co-operative
Case Study # 2 – Commercial Business Park
Economic Development– ISC BC Region
- Feasibility Study Completed
- First Nations Support Letter
- Funding Application Submitted
- Environmental Reports
- Required Permits
- Engineering Drawings
- Designation Process Completed
Case Study #2 –Environmental Reports
1. Phase 1 Environmental Site Assessment (ESA)
2. Environmental Impact Assessment (EIA)
3. Archaeological Impact Assessment (AIA)
Findings:
• As the site had been previously disturbed, there were very few significant or
sensitive findings from the EIA and AIA
• The ESA did have some questionable results but did not recommend any further
investigation
Case Study #2– Simple Environmental Review
SIMPLE – Which Criteria? Which Legislation?
Relevant Federal Legislation:
• Environmental Assessment Act 2012 – ISC is Regulatory Authority
• Fisheries Act – Possible Impacts to adjacent Fish Habitat
• Migratory Birds Convention Act – Clearing of Vegetation
• Heritage Act – Possible Discoveries in Construction Phase
• Canadian Council of the Ministers of Environment – Possible Contaminants
Provincial Legislation Not Relevant – All Federal Land
To Support the Simple Review, ISC required a Phase 2 ESA be completed
Case Study #2– Simple Environmental Review
• The Findings of the Phase 2
Report indicated several APECs,
not disclosed in the Phase 1
• ISC funded the next stages to
ensure the site is compliant with
CCME guidelines and APECs
are delineated and removed
during the construction phase
• The review still stands as
‘Simple’ but has become much
more complex
To Support the ‘Simple’ Review, a Phase 2 ESA was Required
Case Study #2 – Lessons Learned
• The proponent who was in support of the development downplayed the
‘Environmental Risk’, stating that nothing had previously occurred onsite
• The consultant did not contact ISC to determine if previous reports had been
completed
• A Phase 1 ESA had been previously commissioned by ISC (which identified
APECs) but had not been filed appropriately
• The project was delayed a year due to the clean-up of the site
Case Study #3 - Gitsegukla First Nation
• Located in North Central
BC
• Gitsegukla First Nation
governance is by ‘Treaty’
• The Andimaul Reserve IR
#1 has a population of
670, with 175 residences
on 400 hectares of land.
• Community is remote, but
accessible by vehicle
Gitxsan Territory
Case Study #3 – Gitsegukla School & Adult Centre
• An Extended Asset Condition
Report was completed
indicated that repairs were
required for 3 buildings
– Elementary School
– School Gym
– Adult Learning Centre
Case Study #3 – The Project Details
• General Internal Upgrades
• General External Cosmetic
Upgrades
• Re-finishing of Surfaces around the
Buildings
• Roof Replacement
Case Study #3 – Excluded Environmental Review
• Project Description was completed and the ‘Excluded’ determination was made
• No ground disturbance or physical works or change in footprint
• Not a ‘Project’ as defined by CEAA 2012
Therefore, no Simple or Detailed review is required
Before
After
Take Home Message
• Understand the full scope and all the potential impacts of the
Project
• Utilize colleagues for information and advice
• Plan early!
• Ensure reports collect useful and meaningful data
• Use professionals who understand what information is required
• Develop specific Terms of Reference
Thank you for your time!
Elizabeth Kovics, Senior Environmental Specialist
BC Region
Denise Falconer, Environmental Specialist
