Near term priority files: Impact assessment

Impact Assessment Agency of Canada

Mission

The Impact Assessment Agency of Canada (the Agency) is responsible for providing high-quality impact assessments and coordinating Crown Indigenous consultation related to the review of major projects under federal jurisdiction.

Operating context and major challenges and pressures

The Impact Assessment Act (IAA) came into force on August 28, 2019, expanding the Agency’s mandate and responsibilities as the single Agency responsible for impact assessment and the Crown coordinator for Indigenous consultation of major projects. Under the IAA, the Agency is responsible for assessing the positive and negative environmental, economic, social, and health impacts of potential major projects.

The IAA repealed and replaced Canadian Environmental Assessment Act, 2012 (CEAA 2012). It includes transitional provisions for projects that began under previous legislation.

Under the IAA:

• Impact assessments are carried out on designated projects. These projects can either be designated by the Physical Activities Regulations or they can be designated by the Minister of Environment and Climate Change under s. 9.
• The Information and Management of Time Limits Regulations enable the new impact assessment system to function and enhance clarity, transparency and predictability in the process.

During the Parliamentary review of the IAA, it was controversial and received a high profile in the press. While supported by the mining industry and many Indigenous communities and environmental groups, it was not supported by the oil and gas industry and some provinces.

The Agency is in the early stages of implementing the IAA, which has involved: the development of regulations; new policy and guidance; the negotiation of agreements with other jurisdictions; memoranda of understanding with federal authorities; development of a new public registry; and the hiring of new FTEs.

As of October 30, 2019, 63 projects are being reviewed pursuant to federal legislation. Of these 63 projects, 44 are ongoing environmental assessments by the Agency, six are ongoing active review panels, eight are approved and ongoing substitution projects, one is undergoing a Regional Assessment, and four projects are being reviewed under the IAA (planning phase). Over the next 90 days, the Agency expects to receive submissions for 12 new projects.

Trans Mountain Pipeline Expansion Project

Issue

Ensuring the timely implementation of Environment and Climate Change Canada (ECCC) Trans Mountain Pipeline Expansion Project (TMX) accommodation measures and responses to National Energy Board (NEB) recommendations.

Background

• The TMX project (the Project) will twin an existing oil pipeline that was built in 1953. It runs from Edmonton, Alberta, to the Westridge Marine Terminal and the Chevron refinery in Burnaby, British Columbia. It was purchased by the Government of Canada in August 2018, following Kinder Morgan’s decision to suspend all non-essential activities related to the pipeline. The Government views the pipeline, and the potential to get Canada’s oil resources to tidewater, as being in the national interest. It does not intend to be the permanent owner of the pipeline.
• On February 22, 2019, the NEB released its Reconsideration Report for the Trans Mountain Expansion Project, outlining 156 conditions for the Project and 16 recommendations for the Government of Canada pertaining to Project-related marine shipping. The recommendations include plans and measures to offset increased underwater noise, marine oil spill response, marine shipping and small vessel safety, and the reduction of greenhouse gas emissions from marine vessels. On June 18, 2019, the Government of Canada approved the Project, including eight accommodation measures and programs to respond to the NEB recommendations.
• ECCC is responsible for the implementation of one accommodation measure - the Terrestrial Cumulative Effects Initiative in partnership with Natural Resources Canada (NRCan) and Fisheries and Oceans Canada (DFO). ECCC has also developed two programs in response to NEB recommendations - the Regional Cumulative Effects Management Plan and the Marine Bird Monitoring Program.
• Each program includes Indigenous-led studies focused on monitoring and baseline data acquisition.
• The consultation and approval process for up to five Species at Risk permits is being undertaken by officials.

Terrestrial Cumulative Effects Initiative

• Component 1: Engagement and Governance: ECCC, DFO, and NRCan will engage with Indigenous groups to co-develop governance structure for program implementation.
• Component 2: Indigenous Capacity Building and Cumulative Effects Projects: Make strategic investments to support local communities and build Indigenous capacity for Indigenous-led monitoring, data acquisition, and reporting on cumulative effects.
• Component 3: Technical and Advisory support: Establish technical and advisory support to provide guidance for the consistent implementation of Indigenous-led studies. This will aid the integration of Indigenous knowledge with Western-science.

Regional Cumulative Effects Management Plan

• Air Quality-Marine Emissions: ECCC will work with Transport Canada to analyze current and future emissions from marine vessels. ECCC will develop an online Marine Emissions Inventory Tool and will engage with Indigenous communities on the use of the tool.
• Air Quality Research and Monitoring: ECCC will coordinate and lead air quality research and monitoring efforts that focus on on-land and marine-based pollutants contributing to changing air quality.
• Water Quality Research and Monitoring: Improve the understanding of point and non-point sources of pollution being deposited into the Salish Sea and design pollution prevention programs.

Marine Bird Monitoring Program

• Component 1: Marine Bird Baseline Monitoring and Research: Government led research to collect data and establish baselines for distribution and populations.
• Component 2: Integration of Indigenous led monitoring of Marine Birds: Indigenous led research to complement Government research which focuses on species of priority for Indigenous groups.
• Component 3: Adaptive Management: Utilize the outcomes of components 1 and 2 to develop mitigation strategies to protect marine bird populations.