Substitution requested under the Canadian Environmental Assessment Act, 2012
Public Comments Invited
OTTAWA, March 15, 2013 /CNW/ - As part of the strengthened and
modernized Canadian Environmental Assessment Act, 2012 (CEAA 2012) put in place to support the government's Responsible
Resource Development Initiative, the Canadian Environmental Assessment
Agency is seeking comments from the public on substitution requests by
British Columbia (B.C.) for the environmental assessment of the
proposed Sukunka Coal Mine Project and of the Carbon Creek
Metallurgical Coal Mine Project located in B.C.
CEAA 2012 enables cooperation between the federal government and other
jurisdictions in the delivery of timely, high quality environmental
assessments through a number of different means. One of these means is
for the Minister of the Environment to substitute the environmental
assessment process of another jurisdiction for the process that would
otherwise be conducted by the Agency. This approach achieves the
objective of "one project-one assessment" which has been endorsed by
the Canadian Council of Ministers of the Environment.
The Minister of the Environment, the Honourable Peter Kent, must approve
the substitution requests if he is satisfied that the conditions for
substitution under CEAA 2012 are met and if he is of the opinion that
the B.C. process would be an appropriate substitute for an
environmental assessment by the Agency.
Written comments in that regard must be submitted by April 4, 2013 to the Canadian Environmental Assessment Agency:
410 - 701 West Georgia Street
Vancouver BC V7Y 1C6
For the Sukunka Coal Mine Project: Sukunka@ceaa-acee.gc.ca
For the Carbon Creek Metallurgical Coal Mine Project: CarbonCreek@ceaa-acee.gc.ca
To view the Notices of Request for Substitution or for more information on the projects and on the environmental
assessment process, visit the Agency's website at www.ceaa-acee.gc.ca (registry reference numbers 80013 for Sukunka and 80028 for Carbon
Creek). All comments received will be considered public.
The Agency will post a decision on its website stating whether the
Minister of the Environment approves each substitution request.
At the conclusion of each substituted EA process, the federal Minister
of the Environment will make an EA decision under CEAA 2012.
Environmental protection will absolutely be maintained through this
process. Projects will only be allowed to proceed if they meet Canada's
rigorous environmental protection laws. Where a decision on a project
may adversely impact potential or established Aboriginal or treaty
rights, Canada will ensure that potentially affected Aboriginal groups
are adequately consulted.
The Agency and the British Columbia Environmental Assessment Office have
finalized a memorandum of understanding (MOU) to enable efficient and
timely use of CEAA 2012 substitution provisions. The MOU addresses the
processes leading to substitution, the conduct of the substituted EA
and associated Aboriginal consultation and the coordination of
decision-making, monitoring and follow-up after the EA. The MOU and a
Backgrounder on substitution under CEAA 2012 are available on the
Agency's website at www.ceaa-acee.gc.ca.
The Sukunka Coal Mine Project
Xstrata Coal Canada proposes to develop and operate an integrated
surface and underground metallurgical coal mine located approximately
55 kilometres south of Chetwynd and 40 kilometres west of Tumbler
Ridge, in northeast British Columbia. The proposed project would
initially produce 1.5 to 2.5 million tonnes per year increasing to 6
million tonnes per year when underground mining begins. The mine life
is expected to exceed 20 years.
The Carbon Creek Metallurgical Coal Mine Project
Cardero Coal Ltd proposes to develop and operate an open pit
metallurgical coal mine located approximately 60 kilometres northwest
of Chetwynd and 40 kilometres west of Hudson's Hope, in northeast
British Columbia. The proposed project would involve open pit surface
mining followed by combined open pit and underground mining. The
production rate would be 4.1 million metric tonnes of metallurgical
coal per year, over a mine life of 20 years.
The Canadian Environmental Assessment Agency administers the federal
environmental assessment process, which identifies the environmental
effects of proposed projects and measures to address those effects, in
support of sustainable development.
Substitution of the federal environmental assessment process under CEAA
The Canadian Environmental Assessment Act, 2012 (CEAA 2012) enables cooperation between the federal government and other
jurisdictions in the delivery of timely, high quality environmental
assessments (EAs) through a number of different means. One of these
approaches is for the Minister of the Environment to substitute the EA
process of another jurisdiction for the EA process that would otherwise
be conducted by the Canadian Environmental Assessment Agency (the
Agency). This approach achieves the objective of "one project-one
assessment" which has been endorsed by the Canadian Council of
Ministers of the Environment.
Substitution under CEAA 2012 only applies to EAs that would be conducted
by the Agency; it does not apply to EAs conducted by the National
Energy Board or the Canadian Nuclear Safety Commission. In addition, an
EA that has been referred to a review panel cannot be substituted.
A request for substitution from another jurisdiction may be for a
specific project or for a class of projects. Prior to approving
substitution, the Minister must be satisfied that conditions specified
in CEAA 2012, including any conditions that he or she may set, will be
met by the other jurisdiction and that its EA process is an appropriate
These conditions are:
the process to be substituted will include the consideration of the same
factors that are required to be assessed under CEAA 2012 ;
the public will be given an opportunity to participate in the
the public will have access to records in relation to the assessment to
enable their meaningful participation;
at the end of the assessment, a report will be submitted to Agency and
the report will be made available to the public; and
any other conditions that the Minister establishes are or will be met.
Once the substitution is approved, the EA process of the other
jurisdiction becomes the process through which the public will be able
to provide its views with respect to the environmental effects of the
project as defined in CEAA 2012. The EA report will contain an analysis
and conclusions on the significance of those environmental effects. The
report will be made available to the public.
At the conclusion of a substituted EA process, the federal Minister of
the Environment will make an EA decision under CEAA 2012.
For more information about CEAA 2012 consult the Agency Web site at ceaa.gc.ca or contact the Agency at firstname.lastname@example.org.
SOURCE: Canadian Environmental Assessment Agency
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Senior Communications Advisor
Canadian Environmental Assessment Agency