How Canadian Provinces are Protecting the Environment

A Comparative Review of EIA Processes in British Columbia and Alberta

Today, climatologists warn that the adverse effects of global warming are threatening the future of humankind, and governments around the world have responded by implementing various mitigation strategies and environmental impact assessment processes (Mann et al., 2022). To determine how these processes operate in real-world settings, the purpose of this paper is to provide a discussion about environmental impact assessment (EIA) processes and how EIA processes differ depending on the Canadian jurisdiction. To this end, an overview of EIAP processes as well as the provincial EIA processes that are used in British Columbia and Alberta are compared and contrasted, followed by a discussion concerning their respective similarities and differences. Finally, the paper provides a summary of the key findings that emerged from the research in the conclusion.

Environmental Impact Assessment Overview

Regardless of the jurisdiction, the systematic, step-wise EIA process is essentially the same. Generally, a proposed project triggers an EIA review due to some type of mechanism such as being for a new mining operation with potential environmental implications, relevant government agencies collect information concerning the proposed project and provide primary stakeholders with the opportunity to have their views and concerns heard, an assessment of any environmental impacts the project may cause, a final approval phase and a follow-up phase where compliance with regulatory guidance is monitored. Although the specifics may vary and additional steps may be included, the foregoing is the basic EIA process.

In sum, the purpose of an EIA is to provide a timely evaluation concerning the potential positive and negative impacts (typically negative) that proposed development projects can have on the natural and human environments (Noble, 2013). In addition, the EIA process also facilitates the identification of appropriate strategies that can be used to prevent or mitigate negative impacts of proposed projects prior to any final decisions being made and formal contractual commitments extended (Noble, 2013). Some of the types of projects that require an EIA include an extension of an existing highway, the construction of a new mine or the installation of a liquefied natural gas plant (Overview of impact assessment, 2022). Although they vary somewhat, the EIA process used in British Columbia and Alberta are likewise similar in nature as discussed further below.

British Columbia and Alberta’s Provincial EIA Processes

British Columbia

The EIA process in British Columbia is triggered when the Reviewable Projects Regulation (RPR) identifies proposed projects that have the potential for causing significant harmful effects; in addition, the RPR also establishes criteria to determine those instances where a proposed project requires an environmental assessment (Environmental Assessment Process, 2022). The British Columbia EIA process is comprised of eight discrete stages as described below:

Early Engagement

The first stage begins the EIA regulatory process in coordination with British Columbia’s Environment Assessment Office (EAO) and is used to 1) provide all participants with the opportunity to develop a more comprehensive understanding concerning the various aspects of the proposed project; and, 2) establish the foundation that is needed for the remaining stages of the EIA process to proceed. In this regard, the British Columbia Environmental Assessment Office reports that, “Early Engagement is an important preparatory phase where meaningful conversations among participants begin about the proposed project to identify engagement approaches, potential interests, issues, and concerns early in the EA process and chart a path for resolution” (Environmental Assessment Process, 2022, para. 4). In addition, the Environmental Assessment Office also closely coordinates with members of Indigenous Canadian nations who want to take part in the EIA process in order to develop consensus-seeking strategies early on in the application process.

EA Readiness Decision

The next stage of the EIA process builds on the foundation established in the first stage described above, and a decision is made during this stage concerning the viability of moving forward with the proposed project. Although the Early Engagement stage generally provides project participants with sufficient information to confirm their readiness to initiate an environmental assessment, this stage also provides participants with the opportunity to have any final questions answered and any unresolved issues are tabled for future resolution. In some cases, a proposed project may receive an exemption from the environmental assessment process altogether or it may be terminated during this stage. In addition, this stage is also used to allow any participating Indigenous nations representatives with the opportunity to provide their consent or, conversely, their lack of consent, for the proposed project in those cases where an exemption to the environmental assessment process is given.

Process Planning

During the third stage, plans are finalized concerning the manner in which the environmental assessment will be conducted, including the following: 1) identifying the required information; 2) defining who does what, when, and how; and, 3) determining how participants will collaborate for the remainder of the environmental assessment as well as future engagement approaches. All process orders are specifically tailored to the proposed projects are build on the foundation that was developed during the preceding stages to establish the scope, procedures and methods that will be used for the environmental assessment.

Application Development and Review

This stage is used to fully develop the application for an environmental assessment certificate in coordination with any Indigenous nations that are participating in the proposed project as well as other participants. This is an important stage in the EIA process since the feedback that is received can serve to identify potential problem areas that might arise later on which would introduce delays. The Environmental Assessment Office, the Technical Advisory Committee, participating Indigenous nations and the Community Advisory Committee review the draft application for an environmental assessment certificate and any recommendations for changes in the final version are communicated to the requesting entity.

Effects Assessment and Recommendation

Everything starts to come together during this stage of the environmental assessment process with the drafting of an assessment report and conditional certificate based on previous coordination and collaboration with the Technical Advisory Committee, the Community Advisory Committee and representatives from any participating Indigenous nations indicating the consent or lack thereof and any rationale in support of this decision. Prior to its submission for final approval, the public will be afforded an opportunity to comment the draft assessment report. In addition, any conditions of the proposed project that must be complied with during its pendency in the event a certificate is approved and issued are also formalized during this stage of the process.

Decision

Following the submission of the referral package from the Environmental Assessment Office to the appropriate British Columbia ministers, the assessment report, any recommendations from the chief executive assessment officer and any other issues that are relevant to the public’s interest are considered during this penultimate stage of the environment assessment process. In those cases where the recommendations that are provided to the chief executive assessment officer are inconsistent with the notice of consent or lack of consent received from participating Indigenous nations, they must be provided with the opportunity for a meeting to reconcile these differences. In addition, at this stage, ministers can elect to either approve or disapprove the issuance of a certificate but must support whatever decision they make by publishing their supporting rationale. Likewise, any deviations from the consensual feedback that is received from Indigenous nations must also be published.

Post Certificate & Compliance and Enforcement

Finally, in the event an environmental assessment certificate is granted, the activities that then occur during this stage of the EIA process include the compilation and publication of reports concerning the effectiveness of any mitigation efforts undertaken as well as any relevant amendments to the certificate, extensions of deadlines, transfers of responsibilities and audits. In the case of British Columbia, the Environmental Assessment Office’s Compliance and Enforcement branch is currently tasked with conducting regular inspections of the ongoing project to verify compliance with all mandated regulations and in those instances where violations are identified, enforcement proceedings may be implemented in order to ensure that the project is successfully designed, constructed, administered and subsequently decommissioned or reclaimed pursuant to relevant national or provincial laws (Environmental Assessment Process, 2022).

Alberta

There are four basic regulatory steps to conducting environmental assessments in Alberta as follows:

Environmental assessment

This step is used to examine a proposed project in order to identify any relevant social, economic, environmental or health implications in Alberta. The objectives of this step of the environmental assessment process are three-fold as follows:

1. Gather information: The EIA process ensures that sufficient information is provided by the requesting entity to inform applicable government agencies and the public concerning the applicant’s understanding of the implications of the proposed project. In addition, an environmental assessment report is prepared during this step which sets forth: 1) a detailed description of the proposed project; 2) the location and environmental setting for the project; 3) baseline environmental, social and cultural information; 4) the potential positive and negative environmental, health, social, economic and cultural effects of the proposed activity as well as an assessment of cumulative effects; 5) plans to mitigate potential adverse effects and to respond to emergencies; and, 6) information on public and Indigenous nations consultations.

2. Public involvement: The process provides an opportunity for people who may be affected by a proposed project to express any concerns and provide advice to proponents of the project as well as government agencies.

3. Support sustainable development: The information that is provided during this step of the process allows early consideration of the proposed project’s place in the overall plan for Alberta’s environment and economy.

The above-described environmental assessment report is then submitted to the Environmental Assessment Director for review and subsequent coordination with the applicable board. Once the Environment Assessment Director is satisfied that all of the conditions of the Indigenous nations’ consultation plan have been met, the proposed project is referred to the applicable board or minister for the next stage of the process described below.

Public interest decision

This step involves the responsible board or minister deciding if the proposed project is in the public’s best interests. At present, the public interest decision for proposed projects can be made by the Alberta Utilities Commission, the Alberta Energy Regulator or the Natural Resources Conversation Board, depending on the proposed project (see table at Appendix A). Each of the approving boards and ministries has its own set of regulatory guidelines that are used for the EIA process for those projects that fall under their respective purviews. In addition, Indigenous nations are also afforded the opportunity to approve the proposed project’s consultation plan (including the supporting terms of reference) before the EIA process can continue during this step. If the project is approved, the next step in the regulatory process is invoked as noted below.

Approval with conditions

This step involves regulators formally approving the project and establishing specific guidelines for constructing and operating the project.

Compliance

Finally, the compliance step ensures that the project continues to operate within the approved operational parameters (Alberta’s Environmental Assessment Process, 2015).

Similarities and Differences between British Columbia and Alberta’s EIA Processes

Although Alberta is slightly larger in geographic size than Alberta, both provinces have roughly comparable governmental institutions, populations and economic interests (see table at Appendix A). It is therefore reasonable to suggest that the British Columbia and Alberta environmental impact assessment processes for many proposed projects are essentially the same and both operate in the same fashion in real-world practice as described above. Nevertheless, the research did identify some important differences between British Columbia and Alberta’s EIA processes. For instance, on the one hand, British Columbia only routinely uses one or two approving authorities for EIA certificate applications.