Impact Assessment Agency of Canada: Appearance before the Standing Committee – May 3, 2022
Key projects under assessment
Q1. What is the status of the environmental assessment of the Bay du Nord Development Project?
On April 6, 2022, after considering the Impact Assessment Agency of Canada’s Environmental Assessment Report, comments received from the public and Indigenous groups, as well as expert advice from federal departments, I determined the Bay du Nord Development Project is not likely to cause significant adverse environmental effects when the mitigation measures described in the Environmental Assessment Report are taken into account
The project may therefore proceed, subject to 137 legally-binding conditions the proponent must comply with throughout the life of the project. These include, for the first time, a requirement for the project to be net-zero emissions by 2050.
Q2. What is the status of the Suncor Base Mine Extension impact assessment?
On April 6, 2022, I issued a letter to the proponent informing them of my opinion that the predicted emissions level from the Project do not take into consideration the pace and scale of reductions required to achieve Canada’s targets, would hinder Canada’s international commitments in respect of climate change, and would not make a net positive contribution to sustainability. I formed this opinion based on the information contained in the proponent’s Detailed Project Description, including the projected greenhouse gas emissions, the Government of Canada’s commitment to put in place caps on oil and gas sector emissions, the requirements of the Canadian Net-Zero Emissions Accountability Act, the recently announced 2030 Emissions Reduction Plan, and Canada’s international obligations with respect to climate change
The Agency has committed to working with the proponent to update the Tailored Impact Statement Guidelines to reflect plans to develop guidance for new oil and gas projects subject to review under the Impact Assessment Act to demonstrate that they will have “best in class” emissions intensity.
Q3. What is the status of the Roberts Bank Terminal 2 environmental assessment?
The environmental assessment by an independent review panel is ongoing.
On August 24, 2020, additional information was required from the Vancouver Fraser Port Authority in order to inform decisions under the Canadian Environmental Assessment Act, 2012.
The time limit for decision on the Project is now paused and will resume once the additional information provided is deemed to be sufficient. At that point, there will be 89 days left to issue a decision statement to the proponent.
The responses from the Vancouver Fraser Port Authority were subject to an extended public comment period that closed on March 15, 2022.
Comments, including from expert federal departments, were posted publicly and are being reviewed.
Based on the comments provided, I will determine whether the information provided by the Vancouver Fraser Port Authority is sufficient to proceed with my decision on whether the project is likely to cause significant adverse environmental effects.
Q4. What is the status of the Marathon Palladium environmental assessment?
The Marathon Palladium Project is subject to an environmental assessment by an independent Joint Review Panel established with Ontario.
Palladium, which is a platinum group metal, is identified as a critical mineral in Canada’s Critical Minerals Strategy due to its role in contributing to the transition to a low-carbon economy. Copper, which would also be produced by the Project, is a key element necessary for the expansion of electric and fuel-cell vehicles.
Following the close of public hearing, on or before May 19, 2022, the Panel will prepare its environmental assessment report to inform my decisions under the Canadian Environmental Assessment Act, 2012.
Q5. What is the status of the Ring of Fire Area Regional Assessment?
Regional Assessments are studies of an area to inform planning and management of cumulative effects and future project impact assessments.
The planning and design of a Regional Assessment centered on the Ring of Fire mineral deposits in northern Ontario is in progress.
Further discussions will be required between Canada, Ontario, and Indigenous groups before any decisions can be made on moving forward with the Regional Assessment.
Meanwhile, the impact assessments of individual road projects are proceeding, while the Regional Assessment is being planned and conducted. The Impact Assessment Agency of Canada is conducting impact assessments on the Marten Falls Community Access Road Project and the Webequie Supply Road Project; and is preparing for the start of the planning phase for the Northern Road Link Project.
Q6. What is the status of the Regional Assessment on offshore wind development activities?
On April 5, 2022, I decided to proceed with a Regional Assessment of offshore wind development in Newfoundland and Labrador and Nova Scotia pursuant to the Impact Assessment Act.
The regional assessment will help inform future federal impact assessments for offshore wind energy projects in Newfoundland and Labrador and Nova Scotia, an energy sector which is of growing interest to governments and project developers.
Working with the governments of Nova Scotia and Newfoundland and Labrador, as well as with Indigenous peoples, federal government departments and non-government organizations, the Impact Assessment Agency of Canada will now commence a planning exercise for the regional assessment to define its objectives, scope, and outcomes.
Q7. Which projects have been subject to designation requests under the Impact Assessment Act?
The Physical Activities Regulations also referred to as the “Project List” identify the types of projects that must enter the impact assessment process and captures major projects with the greatest potential for adverse effects in areas of federal jurisdiction.
If a project not identified in the regulations has the potential to cause adverse environmental effects in areas of federal jurisdiction, I have the authority to designate it to enter the impact assessment process.
Under the Impact Assessment Act, I must respond within 90 days, with reasons, to a request for designation. Since the coming into force of the Impact Assessment Act in August 2019, I and my predecessor have responded to 38 designation requests, and have designated five projects, namely the Fording River Extension, Highway 413, Tent Mountain Coal Mine Expansion, Coalspur Vista Coal Underground Mine, and Vista Coal Mine Phase II Expansion projects.
Under a similar provision of the Canadian Environmental Assessment Act, 2012, 33 responses to designation request were provided, and four projects were designated, namely the Victor Diamond Mine Extension, Laurentia, Sundog Renewable Generating Station, and Pelican Renewable Generating Station projects.
Designation requests currently under review by the Agency
The Impact Assessment Agency of Canada is currently reviewing requests to designate the Lambert La Ronge Peat Harvest Project in Saskatchewan, the Tenas Coal Mine Project in British Columbia and the Northern Pulp Proposed Effluent Treatment Plan Project in Nova Scotia to inform my response to the requests.
In May and June 2021, I received requests to designate the Highway Tunnel Project between Quebec and Lévis under the Impact Assessment Act. The Impact Assessment Agency of Canada deemed the requests incomplete as the Agency requires additional information to assess the potential effects of the project and on the other legal mechanisms that could be used to address them. The Ministère des Transports du Québec is expected to produce a project description, which will trigger the provincial assessment process and provide the information needed in order for the requestors to finalize and submit their designation requests. Within 90 days following receipt of a complete request I will issue a response with reasons as to whether the project warrants designation and, if applicable, issue an order designating the project.
Recent responses to designation requests
On February 14, 2022, I responded that the PADCOM Potash Solution Mining Project did not warrant designation as the effects in federal jurisdiction will be managed by existing legislative and regulatory mechanisms.
On February 8, 2022, I responded that I cannot designate the Ottawa Hospital Civic Campus Project due to limitations under the Impact Assessment Actto my authority arising from the February 23, 2018, 99-year lease agreement between Public Services and Procurement Canada and the proponent of the project.
In May 2021, the former Minister of Environment and Climate Change responded with reasons to requests to designate the Bradford Bypass Project that the project does not warrant designation under the Impact Assessment Act. The former Minister considered the Impact Assessment Agency of Canada’s analysis in making his decision, including Ontario’s proposal to exempt the project from the requirements of the provincial Class Environmental Assessment. Since the project has not changed since last considered for designation and no new important information has been submitted, I have responded to requests for reconsideration on February 10, 2022, indicating there is no basis for me to revisit the former Minister’s response on the project.
Agency’s role in oil and gas and nuclear projects
Q1. What is the role of the Impact Assessment Agency of Canada in the review of nuclear projects?
The Project List, the regulations that prescribe projects that must enter the federal impact assessment process, identifies certain nuclear facilities including storage and long-term management or disposal facilities as designated projects subject to the IAA.
Under the Impact Assessment Act (IAA) any assessment that involves physical activities regulated under the Nuclear Safety and Control Act must be referred to an independent review panel, integrated with the Canadian Nuclear Safety Commission (CNSC).
The Agency and the CNSC entered into a Memorandum of Understanding outlining the conduct of assessments by integrated review panels under the IAA to facilitate one single, comprehensive and coordinated process that meets the statutory requirements of both the IAA and the Nuclear Safety Control Act.
To date, no designated projects regulated under the Nuclear Safety Control Act have been submitted under the IAA.
Atomic Energy of Canada Limited (AECL) is a federal authority responsible for managing radioactive waste and decommissioning activities on the federal lands that it manages. AECL must determine whether such projects are likely to cause significant adverse environmental effects before taking an action that would allow the project to be carried out.
Q2. What is the role of the Impact Assessment Agency of Canada in the review of oil and gas projects?
The Project List identifies certain oil and gas projects as subject to the IAA including new oil or gas facilities in a wildlife area or bird sanctuary; pipelines; new oil sands mines or expansions of existing ones; offshore platforms for oil or gas production, offshore exploratory wells; new facilities or expansions of existing ones for oil refinery, liquefaction of natural gas and storage.
If an impact assessment is required it is conducted by either the Agency or an independent review panel.
Under the IAA any assessment of a project that includes physical activities regulated under the Canadian Energy Regulator Act must be referred to an independent review panel, integrated with the Canada Energy Regulator (CER), for a coordinated process that meets the statutory requirements of both the IAA and the Canadian Energy Regulator Act.
To provide clarity on the Government’s expectations regarding emissions reduction, on April 6, 2022, I announced plans to develop guidance for new oil and gas projects subject to review under the IAA to demonstrate that they will have “best in class” emissions intensity. This guidance will help ensure oil and gas projects and activities are lowering emissions at a pace and scale needed to achieve net zero by 2050.
