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The Federal Government's Obligation to Environmental Assessment

Discuss about the Evolution of Environmental Assessment in Canada.

The Global Association for Impact Assessment identifies the environmental impact evaluation as ‘the process of recognizing, predicting, assessing  and mitigating the biophysical, social as well as other relevant influences of growth proposal prior to significant assessments being taken and commitments made. With the intensifying public interest regarding environmental concerns and the National Environment Policy Act as followed by the USA, the federal cabinet of Canada has expanded its obligation and commitment to environmental assessment of the federal decision making process in the form of a cabinet policy during early 1970s (Kirchhoff et al.27-48). This commitment towards environmental assessment was further formalized in 1980s inn the form of Environmental Assessment and Review Process Guidelines Order (EARPGO). However, the EARPGO initially has been considered as a flexible, non-binding procedure by the federal government in terms of federal decision-making. The Canadian federal government in 2012 has introduced radical transformations to the assessment laws and course of environment in a compilation budget (White, Lisa and Bram 42:60-66). The essay will intend to shed light on the evolution and development of environmental assessment in Canada by further focusing on the transparency and credibility in the environmental assessment program of Ontario.

The concept of EA has been widely implemented in Canada as a tool for advancement planning as well as decision-making. In recent times, inclusive and comprehensive reforms have been formulated to the federal and few provincial EA systems such as British Columbia, Alberta whereas, other jurisdictions have implemented routine and procedural adaptations within the present institutional frameworks namely Ontario (Kelly et al. 47: 159-188). The Ontario EA Act requires the municipalities to accomplish the environmental evaluation enterprising capital work assignments. The municipalities operating in Ontario have further achieved the beneficiary factors of using the Municipal Engineers Association’s Class environmental assessment for specific municipal transportations, water as well as wastewater projects (Kirchhoff et al. 4.3). Several regional municipalities have effectively developed master plans and strategies for water, sewer, transportation and other environmental services and few others have incorporated reference to impending climate change effects in these strategies or in their official proposals(Kirchhoff et al. 27-48). Suppliers are thus acknowledged to keep in consideration the official documents of master plan in regards to significant venture related environmental assessment investigation and procedures (Farney 47.1: 74-88). Proponents are thus encouraged to consider the probabilities of the impact of climate change at a project level that is further on a deliberation made within principal strategy documents or whether the deliberations are formed within the strategic planning documents have greater repercussions for project level development. Thus, it has been noted that municipalities in Ontario further require to incorporate an emergency or alternative management venture under the Act of Emergency Management and Civil Protection(Bond et al 45: 46-53). Several Indigenous communities living in the Far Northern region of Ontario have been recently facing crucial implications in relation to climate transformation which have further posed impact on the consistency and reliability of winter or ice roads that had led to problems regarding water quality and further resulted community flooding. These impacts are thus considered to have caused serious risk and challenges for communities. It is of great importance to note that the deliberation of climate transformation effects in project planning is of immense significance especially in regions whereby such changes in climatic conditions are anticipated to have their occurrence at a higher degree or extent. This however involves much of the northern and western regions of Ontario, whereby expected surface temperature alteration is considered to be among the most crucial of all regions belonging to the province.

The Ontario Environmental Assessment Act and Municipalities' Responsibility


The primary objective of Ontario EA Act is to provide welfare of the people or any section of the province by further facilitating safeguard, conservation as well as astute management of the environment(Farney 47.1: 74-88). Furthermore, the EAA has been implemented to develop several environmental strategies and planning processes, consultation commitments as well as documentary requirements such as environmental screening procedure, which are further deliberated to be correspond with the environmental significance of the undertaking that has been projected(Kirchhoff et al. 27-48). The EA program of Ontario is further proposed as anticipatory as well as preventive in nature, whereby promoters can hence not proceed with their environmental projects unless they have evaluated comparative assessments of several options. The proponents furtherexhibit that their selected substitutes which is ecologically preferable and required to address the stated concern or opportunity that has been recognized in the EA documentation. 


It is important to note that the province’s recent environmental assessment program has been incompetent to provide anticipated, rigorous as well as authentic procedures for all interested proponents. Environmental assessment procedures which are effectively been envisaged can thus offer a future-oriented strategic planning process that further ascertains several environmental, social as well as economic welfare. For instance, the environmental evaluation investigations for the proposed supply and demand plan forced Ontario Hydro to extract an ill-conceived strategy thus saving Ontario’s economy (Smith et al. 16.7: 1325-1344). In recent times, a destructing trend of exclusion, and contradictory application of environmental assessment agreements have emerged(Farney 47.1: 74-88). The past few decades have witnessed several administrations assessments and programs have been legislatively been excluded from the Act that incorporates the Oak Ridges Moraine Conservation Plan, Developmental plan, land usage strategies on public properties along with geographically concentrated schemes and programmes in the Great Lake Basin(Bond et al 45: 46-53). Although several divisive projects are, being approached currently with ineffective apparatus such as designation as well as declaration orders, whichwere implemented for the anticipated Melanchthon mega-quarry and for the expansion of the undertaking area considered for timber management situated in Crown islands. Following this private suppliers especially the mining organizations can be exposed to excessively varied conditions. The Ontario Environmental Assessment plan has been striving for enduring improvement in processes of environmental decision-making. The Ontario Environmental Assessment regime has been significantly reformedand has been officially regarded as reforms to the ecological and environmental assessment program(Kirchhoff et al. 27-48). However, the EA program has experienced few criticisms that have been triggered by, among several others, the Ecological Commissioner of Ontario (ECO) documented in Annual Reports that has been proposed to the Legislature in October 2014. By drawing comparisons with the other jurisdictions, a specific concern is that Ontario regarded, as a largest mining jurisdiction in Canada along with its improved Mineral Developmental Strategy comprises a purpose concentrating on enhancing the regulatory productivity, transparency as well as certainty by perceiving approaches to environmental assessment (Farney, James 47.1: 74-88). The Climate strategy implemented by Ontario is regarded as the government’s strategy to condense greenhouse gas release to over 75% below 1990 levels by the year 2020 and establish a flourishing low-carbon economy (Gibson 31.1:2-12). . Ontario as being transitioned to a low-carbon economy, ecological evaluation will require amalgamating climate transform mitigation and adaptation into the process of decision-making. In addition, the province’s open government initiative depends on creating release and transparent government for the Ontario citizens(Farney 47.1: 74-88). The province has committed to enhance scope and opportunities for public contribution into the judgements and decision-making of the Government and to enhance sharing and distribution of government information along with other information (Hilleet al.66:23-46).  However, it must be noted that the present environmental evaluation program of the province has been unable to accomplish the government obligation of Ontario to Government transparency.

Importance of Incorporating Climate Change Effects in Project Planning

Conclusion

It has been that the Province has been aiding sustainable growth and advancement in the Ring of Fire while sustaining the obligation and commitment of Ontario to safeguard the environment. The Environmental evaluations belonging to both provincial as well as federal level are precise accomplishments and undertakings intended to recognize, predict as well mitigate any influence that the environmental projects might have on the environment. It must be noted that Ontario’s EAA is not always relevant to an entire mine projects as the Act does not pertain to private organizations unless selected by the regulation or the organization’s representatives to be subject to the necessities of the EAA (Bond et al 45: 46-53).Ontario has signed an agreement on EA cooperation with Canada, which further aim that, the federal along with provincial environmental evaluation for Cliffs and Noront project work, whichwill be further coordinated by the Canadian Environmental Assessment Agency along with MOE, which is the Ontario Ministry of Environment(Kirchhoff et al. 27-48). However, this further signifies that both Canada as well as Ontario will be working with the cliffs and the Noront project to ensure that their technical investigation will accomplish the demands and necessities of both the federal as well as provincial environmental evaluation legislation (Meeket al. 34.1: 1-18). This will further aid the decision makers located at both levels of government and will further acknowledge the complianceof single environmental evaluation report of each project. With the augmented reformation of environment evaluation, opportunities for public involvement have been distant or considerably declined. For instance, it is the understanding that there have been only two public investigation in relation to environmental assessments since 1996 regardless the provision in the Environmental Assessment Act that further permits any Ontario citizen to appeal or request the Ministry of Environmental and Climate Transformation(Bond et al 45: 46-53). Such public requests further refer a subject to the ecological or environmental Review tribunal.In addition to this, lucidity and comprehensive public engagement offers for improved decisions and immense public guidelines and policies.

References           

Bond, Alan, et al. "Impact assessment: Eroding benefits through streamlining?." Environmental Impact Assessment Review 45 (2014): 46-53.

Conroy, Amy, and Teresa Scassa. "Promoting Transparency While Protecting in Open Government in Canada." Alta. L. Rev. 53 (2015): 175.

Farney, James. "Stability amid Change: Ontario’s Religious Schools and Canada’s Regime of Secularism." American Review of Canadian Studies 47.1 (2017): 74-88.

Gibson, Robert B. "Avoiding sustainability trade-offs in environmental assessment." Impact Assessment and Project Appraisal 31.1 (2013): 2-12.

Hille, Kelly, et al. "Learned Discourses: Timely Scientific Opinions." health 66 (2014): 23-46.

Kelly, Rebecca A., et al. "Selecting among five common modelling approaches for integrated environmental assessment and management." Environmental modelling & software 47 (2013): 159-181.

Kirchhoff, Denis, et al. "A policy window opens: strategic environmental assessment in York Region, Ontario, Canada." Progress in Environmental Assessment Policy, and Management Theory and Practice. 2016. 27-48.

Kirchhoff, Denis, Holly L. Gardner, and Leonard JS Tsuji. "The Canadian Environmental Assessment Act, 2012 and associated policy: implications for Aboriginal peoples." International Indigenous Policy Journal 4.3 (2013).

Meek, M. E., et al. "New developments in the evolution and application of the WHO/IPCS framework on mode of action/species concordance analysis." Journal of Applied Toxicology 34.1 (2014): 1-18.

Smith, Andrea L., Dawn R. Bazely, and Norman Yan. "Are legislative frameworks in Canada and Ontario up to the task of addressing invasive alien species?." Biological invasions 16.7 (2014): 1325-1344.

White, Lisa, and Bram F. Noble. "Strategic environmental assessment for sustainability: A review of a decade of academic research." Environmental Impact Assessment Review 42 (2013): 60-66.

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