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Guide to Service Agreements - FCM

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• Which legal considerations will need<br />

<strong>to</strong> be taken in<strong>to</strong> account during the<br />

negotiation of the service agreements<br />

(e.g., infrastructure ownership)<br />

• Ways in which infrastructure and services<br />

could be organized<br />

• Any risks or potential negative impacts<br />

<strong>to</strong> either party<br />

• The benefits<br />

Who pays for the feasibility study?<br />

Both communities should share the costs of<br />

an expert <strong>to</strong> perform the feasibility study, or<br />

they should divide the cost proportionate <strong>to</strong><br />

perceived benefit of the service agreement<br />

or proportionate <strong>to</strong> population. Municipalities<br />

and First Nations have unique options <strong>to</strong><br />

receive funding and grants <strong>to</strong> undertake a<br />

feasibility study, and both parties should<br />

explore those options thoroughly before<br />

proceeding with their study. Several organizations<br />

offer grants and cost-sharing opportunities<br />

for feasibility studies. For more<br />

information about funding opportunities,<br />

please see Unit 4, Chapter 1: Considerations<br />

for your service agreement.<br />

1.2 Environmental assessment<br />

An environmental assessment (EA) is an<br />

important part of the planning stages for<br />

a potential infrastructure project. This section<br />

outlines the purpose of an environmental<br />

assessment and the relevant legislation and<br />

describes how environmental assessments<br />

fit in<strong>to</strong> project delivery when working<br />

with AANDC.<br />

Purpose<br />

An environmental assessment is a legislated<br />

planning and evaluation process that is completed<br />

prior <strong>to</strong> a development project. Environmental<br />

assessments consider the potential<br />

environmental and socio-economic impacts of<br />

a project before it begins <strong>to</strong> ensure that any<br />

potential negative impacts of the project can<br />

be adequately mitigated. If the project goes<br />

ahead, information gathered through the environmental<br />

assessment process can be used <strong>to</strong><br />

guide changes <strong>to</strong> the project’s design that may<br />

help minimize impacts on the environment<br />

and people.<br />

Legislation<br />

An environmental assessment is triggered<br />

according <strong>to</strong> the Canadian Environmental<br />

Assessment Act (CEAA) or, for projects located<br />

in Yukon, under the Yukon Environmental and<br />

Socio-economic Assessment Act (YESAA).<br />

Generally speaking, an environmental assessment<br />

is necessary whenever a physical infrastructure<br />

project is proposed (e.g., a new<br />

water treatment system) with the exception<br />

of projects listed on the Exclusion List Regulations<br />

of CEAA. For more detailed information<br />

on environmental assessment requirements,<br />

please see the respective Acts.<br />

UNIT 3<br />

<strong>Service</strong> Agreement Toolkit – 59

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