A7n Legal and policy frameworks for SEA in Canada and the U.S.
Canada: Peter R. Sherhols, Canadian Environmental Assessment Agency
U.S.: Ray Clark, The Clark Group LLD, USA
Key issues to be addressed
In North America, there are important differences between the SEA systems in place in Canada and the United States. At the federal level, for example, Canadian provision for SEA is made under a Cabinet Directive (established 1990, amended in 1999 and 2004). It applies to policy, plans and programmes that are subject to Cabinet or Ministerial approval and operates under separate arrangements from the legal regime for environmental assessment (which applies only to projects). By contrast, the U.S. National Environmental Policy Act (NEPA 1969) applies to all “proposals for legislation and other major federal actions significantly affecting the environment,” although, in practice, this has been taken to mean plans and programmes.
From an international perspective, the SEA experience of Canada and the U.S., in particular, is unparalleled. Yet in depth coverage of the development and implementation of their respective institutional frameworks has been given less attention in the literature of the field than one might expect. Recent SEA developments in both countries may be of wider interest. In Canada, these include attempts to strengthen the Cabinet Directive and ensure better compliance and performance within the federal government following a series of landmark audits carried out by the Parliamentary Commissioner for the Environment and Sustainable Development. In the U.S., the CEQ task force on Modernizing NEPA Implementation (2003) addressed programmatic environmental impact analysis and “tiered documents” as a priority area for improvement.
For this session, separate position papers will be prepared on SEA experience in Canada and the U.S. For example, the Canadian Environmental Assessment Agency will present an overview of the federal SEA process, including an overview of the opportunities and challenges in its implementation. In addition, there will be an overview of the experience of a Canadian Ministry and a presentation by Office of the Commissioner on the Environment and Sustainable Development on the recent audit of the implementation of the Directive. A discussion by representatives from both countries will provide perspectives on the future of SEA within their respective jurisdictions.