Questions and Answers

Canada-Ontario Agreement for Environmental Assessment Cooperation

Q. 1 Why is a cooperation agreement between Canada and Ontario necessary?

• Environment is a shared responsibility. Frequently, projects require an environmental assessment by both the Government of Canada and the Government of Ontario. For each government to conduct a separate assessment would be time consuming and expensive.

• This proposed agreement will promote coordination, timeliness and certainty. The result will be a more effective assessment process that enables both governments to meet their legal environmental assessment requirements.

Q. 2 Will the proposed cooperative environmental assessment process affect provincial timelines?

• No. We do not expect the cooperative process to affect provincial timelines. The federal environmental assessment process is sufficiently flexible to allow federal authorities to work with other jurisdictions. The federal government can adapt its process to work within the provincial timelines.

Q. 3 How does the new bilateral agreement improve environmental assessment?

• Under the agreement, projects that require an environmental assessment by both the Government of Canada and the Government of Ontario will undergo a single assessment, implemented cooperatively by both governments. One government takes the lead in administering the assessment, but both governments are full and active partners in it.

Q. 4 What are the advantages of a cooperative environmental assessment?

• A cooperative environmental assessment promotes coordination, timeliness and certainty. It brings about particular benefits such as more relevant and consistent sources of information, information sharing, a single contact person, effective public consultation and coordinated communications and decisions.

• The result will be a more timely and effective assessment process that enables both governments to ensure their legal requirements are met. This also improves the predictability of the assessment process.

Q. 5 How long will this bilateral agreement be in effect?

• This agreement will remain in force for as long as the parties wish it to last and may be revised at any time by mutual consent.

Q. 6 What is the relationship between the Canada-Wide Accord on Environmental Harmonization, the Sub-Agreement on Environmental Assessment and this cooperative agreement?

• The Accord provides a framework of common environmental management principles and mechanisms for developing further sub-agreements and bilateral agreements regarding specific areas identified for harmonization or cooperation. It envisions governments working together to achieve the highest level of environmental quality for all Canadians.

• The Sub-agreement describes principles for cooperation, based on effectiveness, transparency, public accountability, efficiency and certainty of process, where two or more governments are required by law to assess the environmental impacts of a project. Under the Sub-agreement, a cooperative environmental assessment would take place to meet the requirements of the governments involved.

• The bilateral Agreement translates the general principles of the Sub-agreement into a specific administrative framework, based on the legislation of each jurisdiction, that sets out how the two orders of government will cooperate where an environmental assessment is required by each.

Q. 7 Does the agreement delegate federal powers to the Government of Ontario or vice versa?

• The agreement does not delegate any federal powers to the Government of Ontario or Ontario powers to the Government of Canada. Each government maintains authority in the areas under its jurisdiction and remains responsible for environmental assessment decisions required by its legislation.

Q. 8 Will the bilateral agreement force federal and provincial governments to reach the same decision on the environmental acceptability of a project?

• No. Canada and Ontario have agreed to use the information generated through the cooperative environmental assessment as the basis for their respective decisions about a project. Since the agreement does not provide for delegation of authority, each government retains its ability to make decisions regarding a proposed project on matters within its own legislative authority.

Q. 9 Why proceed with this agreement when the federal Speech from the Throne has set a new direction?

• This Canada-Ontario Environmental Assessment Cooperation Agreement is in keeping with the federal Speech from the Throne (SFT) commitments. It supports the government's economic strategy and smart regulations approach, as stated in the SFT, "to make it easier for businesses to do business in Canada."

• This agreement with Ontario is an excellent demonstration of the potential cooperation between the federal government and the provinces.

• Under this agreement, projects that require an environmental assessment by both the Government of Canada and the Government of Ontario will undergo a single assessment, implemented cooperatively by both governments. One government takes the lead in administering the assessment, but both governments are full and active partners in it.

• This agreement will reduce overlap and duplication, allowing governments to allocate public resources more efficiently. The result will be a more timely and effective process that enables both governments to meet their legal environmental assessment requirements.

• Should circumstances change because of amendments to the legislation of either government, the agreement can be updated.

Q. 10. Ontario has recently set up an advisory panel to review its environmental assessment process and recommend improvements to the process. Will this review have an impact on the Canada-Ontario Agreement on Environmental Assessment Cooperation?

• The agreement provides a commitment and framework for cooperation and coordination between Canada and Ontario for environmental assessments.

• The review is not expected to significantly impact the agreement. However, the agreement does allow for changes to be made at any time should changes be required as a result of the review.

• Ontario and Canada are committed to moving forward with initiatives that address duplication and overlap in the environmental assessment process.