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Policy and Corporate Services Division Environmental Assessment Branch February

Policy and Corporate Services Division Environmental Assessment Branch February 2001 Revised September 2009 A Citizen’s Guide to Environmental Assessment i TABLE OF CONTENTS INTRODUCTION 1 ENVIRONMENTAL ASSESSMENT 3 Definition and Purpose 3 Environmental Assessment Branch 3 Public Participation 4 DEVELOPMENTS THAT REQUIRE ENVIRONMENTAL ASSESSMENT 6 Schedule “A” 7 Undertakings Exempt from Environmental Assessment 9 CLASS 1 UNDERTAKINGS 10 Registration 10 Steps Required During an Environmental Assessment - Class 1 10 Sample of a Public Notice 11 The Minister’s Decision 12 Additional Information Required 13 Focus Report Required 14 Environmental Assessment Report Required 16 CLASS 2 UNDERTAKINGS 17 Registration 17 Terms of Reference 17 Environmental Assessment Report 17 Steps Required During an Environmental Assessment - Class 2 18 Environmental Assessment Board 19 The Minister’s Decision 21 THE VALUE OF YOUR PARTICIPATION 22 GLOSSARY I APPENDICES APPENDIX A ENVIRONMENTAL ASSESSMENT LEGISLATION III APPENDIX B CONTACT INFORMATION IV APPENDIX C NOVA SCOTIA ENVIRONMENT ADDRESSES V A Citizen’s Guide to Environmental Assessment Nova Scotia Environment 1 INTRODUCTION Nova Scotians place a high value on their environment and have an interest in ensuring developments do not create harmful environmental impacts. The people of Nova Scotia want to participate in decision-making regarding these developments. In 1989, environmental assessment was developed as an environmental management tool to allow for the consideration of public concerns relating to broad environmental issues when evaluating proposed developments. Environmental assessment ensures that environmental, human health, socio-economic, cultural, historical, archaeological and architectural concerns from all stakeholders are identified and addressed at the earliest stage of development planning. Through consideration of these broad environmental issues and public concerns, the Minister of Environment decides whether or not the development can proceed in an environmentally sustainable manner. Environmental assessment is used in every province and territory in Canada and in many countries world-wide. It is a tool which promotes good project planning, thereby avoiding or minimizing environmental impacts caused by a development. It also allows developments to incorporate environmental considerations at the planning stage, which may avoid expensive changes once the project design has been finalized. The Nova Scotia Environment Act (Appendix A) and Environmental Assessment Regulations provide the legislative framework for environmental assessment that includes opportunities for public involvement. The Act and regulations are administered by Nova Scotia Environment through the Environmental Assessment Administrator, who is appointed by the Minister. The Act and regulations are designed to identify the environmental impacts associated with designated development proposals (undertakings) long before the proposals are implemented. Environmental assessment gives government agencies, non-government organizations (NGOs), First Nations, local residents and the general public an opportunity to provide information that will be considered by the Minister when making a decision. Contributions from these groups are essential for environmental assessment to be successful. In addition, in certain circumstances, special consultations may be held with First Nations. An environmental assessment can apply to undertakings by corporations and businesses of all sizes, municipalities, community groups, government departments and agencies, institutions, and individuals. It is vitally important, therefore, that everyone involved understand the Act and regulations governing environmental assessment. A Citizen’s Guide to Environmental Assessment Nova Scotia Environment 2 This guide to the Act and regulations presents a concise overview of environmental assessment in Nova Scotia. This guide is not a legal authority and is not a substitute for the Act and regulations. Where the process and time frames given in this document differ from the regulations, the regulations shall prevail. For definitive reference, please refer to the official copies of the Act and regulations. If you would like further information, please visit the Environmental Assessment Branch website at http://www.gov.ns.ca/nse/ea/, or contact the us by phone at (902) 424-3230, by fax at (902) 424-0503, by email at EA@gov.ns.ca, or by mail at the following address: Environmental Assessment Branch Nova Scotia Environment PO Box 442 Halifax, Nova Scotia B3J 2P8 A Citizen’s Guide to Environmental Assessment Nova Scotia Environment 3 ENVIRONMENTAL ASSESSMENT Definition and Purpose Environmental assessment is a tool through which the environmental effects of an undertaking are predicted and evaluated, and a subsequent decision is made on the acceptability of the undertaking. The purpose of environmental assessment is to promote sustainable development by protecting and conserving the environment. Environmental assessment promotes better project planning by identifying and assessing possible adverse effects on the environment before a new undertaking begins. This is accomplished by involving members of the public along with various government departments and agencies throughout the review of a proposed undertaking. When discussing environmental assessment, it is important not to confuse it with another common practice called environmental site assessment. Where environmental assessment determines before a project begins if there will be any adverse environmental impacts, an environmental site assessment determines whether a particular property is or may be subject to contamination as a result of previous land uses. This type of assessment is usually requested by lending agencies (e.g. banks, etc.), sellers and buyers of property to ensure there is no liability associated with a property. Environmental Assessment Branch The Environmental Assessment Branch (EA Branch) promotes good project planning and sustainable development through the coordination and administration of environmental assessment in Nova Scotia as set out in the Environmental Assessment Regulations. The EA Branch continually interacts with industry, various interest groups, First Nations, government departments and the general public to ensure that environmental assessment is open, transparent, accountable and effective. The EA Branch also works to harmonize environmental assessment in Nova Scotia with those of other jurisdictions when necessary. At the initial stages of project development, the EA Branch works with proponents in identifying and addressing environmental concerns. After considering all of the information compiled through a public review, the EA Branch makes recommendations to the Minister regarding the proposed project. A follow-up procedure is carried out with the proponent for those developments that are approved to proceed. A Citizen’s Guide to Environmental Assessment Nova Scotia Environment 4 Public Participation Public participation is vital to the success of environmental assessment. Involvement from local residents and the general public is important in providing knowledge of local conditions and providing information, which could make a proposed development more acceptable. A number of opportunities exist prior to and during an environmental assessment where members of the public can contribute. Depending on the level of assessment, public participation can range from involvement during the planning stages of a development, to submitting written comments or making a presentation at a public hearing. While there is no requirement to involve the public, those people proposing new developments in Nova Scotia often choose to involve the local residents and other members of the public early in the project planning stages to get feedback on environmental concerns associated with that project. When these opportunities exist for public involvement, it is strongly recommended that all local residents and any other affected person provide their input to the developer so that changes can be considered, which will make the project more acceptable. In the past, public involvement has occurred through open house events, newsletters, door-to- door surveys, newspaper advertisements and 1-800 numbers. During the actual environmental assessment review, notices will be published in newspapers and on the EA Branch website (http://www.gov.ns.ca/nse/ea/), stating the release of environmental assessment information and inviting members of the public to submit comments. Where can I review environmental assessment information? Once the information has been submitted to the Department, it can be viewed at any one of the following: • Environmental Assessment Branch website (http://www.gov.ns.ca/nse/ea/) • One of the two public viewing locations provided by the proponent • Clean Nova Scotia, 126 Portland Street, Dartmouth, NS • Ecology Action Centre, 2705 Fern Lane, Halifax, Nova ScotiaNova Scotia Environment Office (Appendix C) • Nova Scotia Environment 5th Floor Library, 5151 Terminal Road, Halifax, NS A Citizen’s Guide to Environmental Assessment Nova Scotia Environment 5 Concerns expressed by the public about the adverse effects or the environmental effects of a proposed undertaking, and the steps taken by the proponent to address those concerns, will be considered by the Minister when making a decision. Should the Minister approve a proposed development to proceed, your comments may still be incorporated into the conditions of approval, which the proponent must abide by. Can I review previous environmental assessments? Yes. Members of the public can review many previous environmental assessments at the Nova Scotia Environment Library. Please contact the Librarian to make an appointment (Appendix B). If needed, you can obtain all previous environmental assessments from the Environmental Registry. Please contact the Environmental Registry Coordinator for further information (Appendix B). Environmental assessments registered since 2000 can also be viewed at the EA branch website at: www.gov.ns.ca/nse/ea. To whom should I address my comments? Comments should be addressed to the Environmental Assessment Branch by phone at (902) 424-3230, by fax at (902) 424-0503, by email at EA@gov.ns.ca, on the EA Branch website at http://www.gov.ns.ca/nse/ea/, or by mail at the following address: Environmental Assessment Branch Nova Scotia Environment PO Box 442 Halifax, Nova Scotia B3J 2P8 A Citizen’s Guide to Environmental Assessment Nova Scotia Environment uploads/Ingenierie_Lourd/ ea-guide-citizens.pdf