AN ANALYSIS OF LEGISLATION AND GUIDANCE FOR UNCERTAINTY DISCLOSURE AND CONSIDERATION IN CANADIAN ENVIRONMENTAL IMPACT ASSESSMENT

Environmental Impact Assessment (EIA) is a process designed to predict, and identify means to mitigate, the potential environmental effects of proposed development actions. As a decision-aiding tool, EIA assists decision-makers by providing them with the information needed to make an informed decision about the acceptability of a proposed development. Uncertainty is inherent in any process that is focused on future conditions, but recent research has shown that EIA practitioners do not fully disclose, consider or communicate uncertainties inherent in the EIAs for their development projects. The result is a reduction in the credibility and efficacy of EIA, and decisions potentially being made without full knowledge of, and thus consideration for, such uncertainties. Agencies and scholars have demanded that proponents and practitioners be more explicit about uncertainties in EIA reporting, but there has been no systematic examination of the requirements or guidance made available to practitioners concerning uncertainty reporting in EIA or the types of uncertainties that should be disclosed. The purpose of this research was to examine the provisions for communicating and addressing uncertainty in Canadian EIA. The research was conducted via review of Canadian federal, provincial, and territorial EIA legislation, regulations, and guidelines, which are publically available on the official websites of the corresponding agencies and authorities. Results indicate that requirements and recommendations for uncertainty disclosure and consideration exist in most of Canadian federal, provincial and territorial EIA legislation, regulations and guidelines, but they vary considerably from one jurisdiction to the next. The difference is reflected in many aspects, including: the extent of requirements and recommendations for addressing uncertainty in EIA; variability of the provisions given; differences in location of the requirements in legislation versus regulations versus guidelines; and differences in the clarity of requirements. In addition, the requirements and recommendations to manage uncertainty associated with the different stages and components of EIA are inconsistent. Some of the EIA stages were covered better than others, but none of the jurisdictions provided requirements and recommendations for addressing uncertainty in all stages of EIA. The results further indicate that existing requirements and recommendations for uncertainty treatment in Canadian EIA practice are, overall, inadequate and sometimes confusing. This is likely to result in insufficient communication and treatment of uncertainty and decisions being made without consideration of such uncertainty. Therefore, the development of national, standardized best practices and more systematic guidance are, at a minimum, required to ensure that uncertainty is properly addressed and communicated in EIA across EIA jurisdictions