Multi-jurisdictional environmental impact assessment: Canadian experiences

This research examines complexities surrounding environmental impact assessment (EIA) in a multi-jurisdictional environment, with a specific focus on opportunities for public participation. With almost universal adoption of EIA, projects are increasingly subject to more than one assessment process. Thus there is demand to facilitate inter-jurisdictional coordination of EIAs. Canada has growing expertise with multijuristictional EIA that serves to illustrate the costs and opportunities associated with three different approaches to coordination: standardization, harmonization and substitution. Findings suggest that, although fraught with issues, harmonization is the most realistic approach for coordinating efforts. Harmonization has the potential to minimize duplication, avoid process uncertainty and increase efficiency and effectiveness in EIA. Furthermore, the analysis demonstrates that a bilateral agreement between jurisdictions is the best approach to harmonization, so long as negotiation of the agreement includes opportunities for meaningful participation, and implementation includes activities designed to communicate the assessment responsibilities of each jurisdiction, activities and schedules to the public. The experience of participants of different coordinated EIAs in Canada serves as counsel for on-going and future efforts to facilitate inter-jurisdictional coordination.