Guidance documents related to environmental assessments

The early engagement phase is the start of the regulatory process with the Environmental Assessment Office and provides an opportunity for all participants to better understand the project and establish a foundation for the rest of the environmental assessment. 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 environmental assessment process and chart a path for resolution. Indigenous nations interested in participating in the environmental assessment process as participating Indigenous nations must provide notice during early engagement. The EAO begins working with participating Indigenous nations to customize consensus-seeking approaches with each nation for the rest of the process.

Using the foundation provided by the early engagement phase, a decision will be made on whether a project should proceed to an environmental assessment during the readiness decision. Typically, the early engagement phase will provide that enough information is available to confirm readiness to start an environmental assessment, with key issues identified for resolution later in the environmental assessment process. Occasionally, a project may be terminated or exempted from an environmental assessment, by a Minister’s decision. Participating Indigenous nations have an opportunity to provide a notice of their consent or lack of consent if the recommendation is to exempt or terminate the project from the environmental assessment process.

Guidance

• Early Engagement Policy (v1.1) (PDF)
• Readiness Decision Policy (v1.0) (PDF)
• Certificate Exemption Policy (v1.0) (PDF)
• Effects Assessment Policy (v1.0) (PDF)
• Human and Community Well-Being (v1.0) (PDF)
• Time Limits and Extensions of Time Limits Policy (v1.0) (PDF)
• Policy for the Termination or Withdrawal of an Assessment (V1.0) (PDF)

Process planning formalizes how the environmental assessment must be carried out, including identifying the required information; defining who does what, when, and how; and determining how participants work together for the rest of the environmental assessment and future engagement approaches (including public engagement). Each process order is customized to reflect the project and uses the foundation built in the early engagement and the readiness decision phases to set the scope, procedures, and methods of the environmental assessment.

Guidance

• Community Advisory Committee Guide (v2.0) (PDF)
• Technical Advisory Committee Guidelines (v1.0) (PDF)
• Process Planning Policy (v1.0) (PDF) 
• Application Information Requirements Guidelines (v1.1) (PDF)

During application development, the proponent works with participating Indigenous nations and environmental assessment participants to develop their application for an environmental assessment certificate. Early feedback on data collection or analysis can help to identify and resolve key issues, reducing the potential for delays later in the process  

During application review, the EAO, participating Indigenous nations, Technical Advisory Committee, and Community Advisory Committee review the application and direction is provided to the proponent on revisions that should be reflected in the revised application. The direction includes the results from public engagement on the application and any matters regarding advice provided by the Technical Advisory Committee or Community Advisory Committee.

Guidance

• Process Planning Policy (v1.0) (PDF) 
• Application Information Requirements Guidelines (v1.1) (PDF)
• Effects Assessment Policy (v1.0) (PDF)
• Human and Community Well-Being (v1.0) (PDF)
• Policy for the Termination or Withdrawal of an Assessment (V1.0) (PDF)

An effects assessment of the project is conducted, resulting in the development of a draft assessment report and draft environmental assessment certificate with conditions. These drafts reflect engagement with participating Indigenous nations, the Technical Advisory Committee, the Community Advisory Committee and the public. Before referral to Provincial decision-makers, the public will have an opportunity to comment on the draft assessment report that describes the potential effects of the project, and the draft environmental assessment certificate and associated legally binding conditions the proponent must follow for the life of the project, should a certificate be issued.

Recommendations to inform Provincial decision-makers are also prepared. Participating Indigenous nations have the opportunity to provide notice of their consent or lack of consent on the recommendation to Provincial decision-makers.

Once the referral package is submitted to Provincial decision-makers, the Ministers must consider the assessment report, the chief executive assessment officer’s recommendations, the sustainability and reconciliation purposes of the EAO and any other matters they consider relevant to the public interest. If the recommendation does not align with a notice of consent or lack of consent, Ministers must offer a meeting to that participating Indigenous nation.

Ministers can decide to issue a certificate, or refuse to issue a certificate, and are required to publish reasons for their decision. If the Ministers’ decision does not align with the notice of consent or lack of consent, reasons must be provided.

Guidance

• Effects Assessment Policy (v1.0) (PDF)
• Human and Community Well-Being (v1.0) (PDF) 
• Environmental Assessment Certificate Policy (v2.0) (PDF)
• Policy for the Termination or Withdrawal of an Assessment (V1.0) (PDF)

If an environmental assessment certificate is issued, post-certificate activities include mitigation effectiveness reports and may include audits, certificate amendments, extensions, and transfers.

The compliance & enforcement branch of the EAO conducts compliance inspections of regulated parties and projects, and, where required, uses enforcement to ensure that projects are designed, built, operated, and decommissioned or reclaimed in compliance with the legally binding requirements of the Act, its regulations and any environmental assessment certificates or exemption order.

Guidance

• Compliance and Enforcement Policy and Procedures (v1.1) (PDF)
• Substantial Start Determination Policy (v1.0) (PDF)
• Certificate Extension Policy (v1.0) (PDF)
• Amendment Guidance for Certificates and Exemption Orders (v2.0) (PDF, 630 KB)
• Bulletin: Mitigation effectiveness and the Environmental Assessment Act (v1.0) (PDF)
• Indigenous Nation Guide to EAO Compliance and Enforcement (v1.0) (PDF)
• Inspections with EAO Compliance and Enforcement (v1.0) (PDF)
• Time Limits and Extensions of Time Limits Policy(v1.0) (PDF)
• Transfer Policy and Procedures (v1.0)  (PDF)

Guidance

• User Guide (v1.0) (PDF)
• EAO Fee Guideline (v1.3) (PDF)
• Reviewable Projects Regulation (RPR) related guidance
  • Interactive Interpretation Guide (v1.2) (Prezi - Works best in Chrome or Firefox)
    • Interpretation Guide PDF version for accessibility (v1.2) (PDF 25MB) 
  • RPR revitalization Intentions paper (PDF)
  • RPR revitalization What We Heard Report (PDF)
• EAO Project Information Centre (EPIC) requirements
  • EPIC Posting Guide (v1.2) (PDF)
  • Posting Policy (v3) (PDF)
• Public Engagement Policy (PDF, 5 MB)

Regulations in force

• Reviewable Projects Regulation
• Reviewable Projects Transition Regulation
• Environmental Assessment Transition Regulation
• Violation Ticket Administration and Fines Regulation
• Environmental Assessment Fees Regulation
• Conservation Officer Service Authority Regulation
• Natural Resource Officer Authority Regulation
• Protected Areas Regulation
• Administrative Penalties Regulation 

Guidance

• Guide to Indigenous Knowledge in Environmental Assessments  (V2.0) (PDF, 590 KB)
• Guide to Consensus-Seeking under the Environmental Assessment Act, 2018  (v1.0) (PDF)

Available Guidance

• Impact Assessment Cooperation Agreement (v1.0) (PDF)
• Reviewable Projects Regulation Interactive Interpretation Guide (v1.1) (PDF)
• Project Notifications Policy (v1.4) (PDF)
• Designation Application Requirements (PDF, 362 kb)
• Information Bulletin: Provincial Permitting and the Environmental Assessment Act, December 2020 (PDF)