EIA Study Questions And Answers
1. What was the first environmental impact assessment (EIA) statute? Which government passed this
statute and when was it passed? - Answer - The first environmental impact assessment statute was the
National Environmental Protection Act (NEPA) and it was passed in 1970 in the USA by the Nixon
government. The first Canadian statute was the CEAA and was not passed until 22 years later (1992).
2. Please list, and discuss, five main guiding principles of EIA. - Answer - 1) A strong legislative
foundation: Clear purpose, objectives and responsibilities based in law rather than discretionary
guidelines. 2) Suitable procedures: Outcomes of quality and consistency among varying contexts.
Procedures should be able to respond effectively to a diverse scope of issues. 3) Public involvement:
Meaningful and effective public feedback from those affected and interested in the project as early on in
the decision making process as possible (scoping). 4) Orientation to problem solving and decision-
making: EIA should be relevant to important issues, providing essential info and be able to influence
approval conditions and thus the final decision. 5) Compliance and feedback: Ensuring the consideration
of impacts is an effort that continues after approval, and periodic evaluation of project performance.
3. Please list, and discuss, seven stages in a generic EIA process? - Answer - 1) Proposal: Presenting the
project and requesting that it be looked into further in terms of environmental impacts.
2) Screening: Is an EIA required? To what level of detail/scale. Also addresses legalities and nature of
both the proponent and the project
3) Scoping: What is the EIA going to encompass in terms of significant issues or impacts that the project
poses. Public involvement is best suited at this stage.
4) Proposal Assessment: Visiting the project site to report conditions and predicting potential impacts.
5) EIS Prep: Preparation of the documents, submission and review.
6) The Decision: Accept (conditionally) or reject (conditionally).
, 7) Monitoring and Compliance
4a. What is the most important source of federal government authority to make environmental law in
Australia? Why? - Answer - The most important source of federal authority in Australia for
environmental law is the external affairs power, where the government can sign international treaties
and add the site to the World Heritage List. This is because once the Commonwealth law in Australia has
submitted a site to become a World Heritage site; the status of that property is not subject to any
discretion/review by a court (inarguable)
4b. Please list, and discuss, six sources of federal government authority to make environmental law in
Canada. - Answer - 1) Trade and commerce power: ie. Hydro dam in Quebec putting First Nations people
at risk of flood and destruction of habitats for several wildlife species as well as methyl-mercury
exposure in fish habitats for the expansion of the facility (Grand Council of the Crees).
2) Navigation and shipping veto power over dams, bridges and any other developments affecting or
obstructing the flow of water
3) Seacoast and inland fisheries: Fisheries Act prohibits harmful alteration, disruption or destruction of
fish habitats along with toxic substances entering fish habitats. Federal Gov. also has jurisdiction in
provincially owned land, if the protection of fish is under scrutiny.
4) Indians and lands reserved for the Indians: Direct jurisdiction over reserve lands and indirect over
projects located outside lands but WILL have environmental impacts on First Nations peoples residing in
the reserve.
5) Criminal law: Gives the federal government authority to enact laws to protect public health under
criminal law - ie. environmental impacts significantly harming human health qualify.
6) POGG (Peace, Order and good Government of Canada): When the federal government lacks authority
to compel an EIA under Navigation and Shipping (S.91(10)), POGG gives them that authority (and thus
opposes interests (sometimes) of provincial governments)
4c. What segment of Canadian society was instrumental in endowing the Canadian federal government
with expanded authority to make environmental law? How did this segment of Canadian society ensure
1. What was the first environmental impact assessment (EIA) statute? Which government passed this
statute and when was it passed? - Answer - The first environmental impact assessment statute was the
National Environmental Protection Act (NEPA) and it was passed in 1970 in the USA by the Nixon
government. The first Canadian statute was the CEAA and was not passed until 22 years later (1992).
2. Please list, and discuss, five main guiding principles of EIA. - Answer - 1) A strong legislative
foundation: Clear purpose, objectives and responsibilities based in law rather than discretionary
guidelines. 2) Suitable procedures: Outcomes of quality and consistency among varying contexts.
Procedures should be able to respond effectively to a diverse scope of issues. 3) Public involvement:
Meaningful and effective public feedback from those affected and interested in the project as early on in
the decision making process as possible (scoping). 4) Orientation to problem solving and decision-
making: EIA should be relevant to important issues, providing essential info and be able to influence
approval conditions and thus the final decision. 5) Compliance and feedback: Ensuring the consideration
of impacts is an effort that continues after approval, and periodic evaluation of project performance.
3. Please list, and discuss, seven stages in a generic EIA process? - Answer - 1) Proposal: Presenting the
project and requesting that it be looked into further in terms of environmental impacts.
2) Screening: Is an EIA required? To what level of detail/scale. Also addresses legalities and nature of
both the proponent and the project
3) Scoping: What is the EIA going to encompass in terms of significant issues or impacts that the project
poses. Public involvement is best suited at this stage.
4) Proposal Assessment: Visiting the project site to report conditions and predicting potential impacts.
5) EIS Prep: Preparation of the documents, submission and review.
6) The Decision: Accept (conditionally) or reject (conditionally).
, 7) Monitoring and Compliance
4a. What is the most important source of federal government authority to make environmental law in
Australia? Why? - Answer - The most important source of federal authority in Australia for
environmental law is the external affairs power, where the government can sign international treaties
and add the site to the World Heritage List. This is because once the Commonwealth law in Australia has
submitted a site to become a World Heritage site; the status of that property is not subject to any
discretion/review by a court (inarguable)
4b. Please list, and discuss, six sources of federal government authority to make environmental law in
Canada. - Answer - 1) Trade and commerce power: ie. Hydro dam in Quebec putting First Nations people
at risk of flood and destruction of habitats for several wildlife species as well as methyl-mercury
exposure in fish habitats for the expansion of the facility (Grand Council of the Crees).
2) Navigation and shipping veto power over dams, bridges and any other developments affecting or
obstructing the flow of water
3) Seacoast and inland fisheries: Fisheries Act prohibits harmful alteration, disruption or destruction of
fish habitats along with toxic substances entering fish habitats. Federal Gov. also has jurisdiction in
provincially owned land, if the protection of fish is under scrutiny.
4) Indians and lands reserved for the Indians: Direct jurisdiction over reserve lands and indirect over
projects located outside lands but WILL have environmental impacts on First Nations peoples residing in
the reserve.
5) Criminal law: Gives the federal government authority to enact laws to protect public health under
criminal law - ie. environmental impacts significantly harming human health qualify.
6) POGG (Peace, Order and good Government of Canada): When the federal government lacks authority
to compel an EIA under Navigation and Shipping (S.91(10)), POGG gives them that authority (and thus
opposes interests (sometimes) of provincial governments)
4c. What segment of Canadian society was instrumental in endowing the Canadian federal government
with expanded authority to make environmental law? How did this segment of Canadian society ensure
