Forward Regulatory Plan: 2023-2025

Cost Recovery Regulations

Enabling Act

Impact Assessment Act (IAA)

Description

The goal of the proposed regulations is to modernize the cost recovery regime under the Impact Assessment Act, which the Impact Assessment Agency of Canada (the Agency) applies to recover a portion of costs incurred while administering the federal impact assessment process.

The IAA provides authority for regulations prescribing fees, charges or levies, for which the proponent is responsible, for the purpose of recovering all or a portion of costs associated with an impact assessment. This may include costs incurred by the Agency or Review Panel from the time the proponent submits an Initial Project Description through to the completion of the monitoring and follow-up programs. The modernized regime would be implemented through Governor in Council regulations that would replace the current Cost Recovery Regulations made under the Canadian Environmental Assessment Act, 2012 (CEAA 2012).

Until such time as the new regulations are in place, the existing regulations continue to apply to panel assessments under both CEAA 2012 and the IAA.

Regulatory cooperation efforts (domestic and international)

The Agency will coordinate regulatory development with other federal departments to ensure consistency and transparency in cost recovery practices across the government.

Potential impacts on Canadians, including businesses

Impacts on Canadians, including businesses, will be reviewed when this regulation is developed.

Consultations

Consultation on a fee proposal with industry, provinces and territories, Indigenous Peoples, stakeholders and the public is targeted for fiscal year 2023-2024. Further public consultation opportunities will be available upon the development of the regulations.

Further information

Further information will be available upon the development of the regulations.

Departmental contact information

Sarah Jackson
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-513-6713
E-mail: regulations-reglements@iaac-aeic.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2018

Indigenous Impact Assessment Co-Administration Agreement Regulations

Enabling Act

Impact Assessment Act (IAA)

Description

The proposed regulations would authorize the Minister of Environment and Climate Change to enter into agreements or arrangements with Indigenous governing bodies to:

This initiative is consistent with the purpose and mandate of the IAA, which outline commitments to:

The Agency is committed to developing the proposed regulations together with Indigenous Peoples. To this end, a Circle of Experts has been established to provide First Nations, Métis, and Inuit perspectives, and with whom the Agency is co-developing a discussion paper to support national engagement. The Circle of Experts is a technical sub-committee of the Indigenous Advisory Committee.

Regulatory cooperation efforts (domestic and international)

The Agency will consult with other jurisdictions to ensure regulations enable opportunities for coordination with other assessment regimes.

Potential impacts on Canadians, including businesses

Impacts on Canadians, including businesses, will be reviewed when this regulation is developed.

Consultations

Agency staff engaged Indigenous peoples in 2018-2019 through a series of national workshops.

A discussion paper co-developed with the Circle of Experts will support further consultation and engagement with Indigenous Peoples. Provinces, territories, industry, stakeholders, and the public will also be engaged.

Further information

Further information will be available upon the development of the regulations.

Departmental contact information

Sarah Jackson
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-513-6713
E-mail: regulations-reglements@iaac-aeic.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2018

Designated Classes of Projects Order (Amendments)

Enabling Act

Impact Assessment Act (IAA)

Description

The Designated Classes of Projects Order (Ministerial Order) was developed under the IAA and came into force on August 30, 2019. It sets out classes of the most common, routine and straightforward projects on federal lands and outside Canada that in the Minister’s opinion, will cause only insignificant adverse environmental effects. Projects that meet the conditions in the Ministerial Order are exempt from requirements under sections 81 to 91 of the IAA relating to projects on federal lands and outside of Canada.

Amendments to this order are planned to designate additional classes of projects that will cause only insignificant adverse environmental effects. Consistent with the past approach to developing this Ministerial Order, projects that meet the following criteria may be considered for exemption:

Regulatory cooperation efforts (domestic and international)

The amendments to the Ministerial Order will be developed in collaboration with authorities and other bodies.

Potential impacts on Canadians, including businesses

Impacts on Canadians, including businesses, will be reviewed when the Ministerial Order is developed.

Consultations

Pre-consultation with authorities on potential amendments took place in 2022. Publication of draft regulations in Canada Gazette, Part I, for a public comment period, is targeted for fall 2023.

Further information

The IAA provisions for non-designated projects on federal lands or outside Canada require responsible authorities to determine whether a proposed project is likely to cause significant adverse environmental effects before taking action or making a decision that would enable the project to proceed, and to post public notices on the Canadian Impact Assessment Registry.

Authorities review large numbers of federal lands projects, many of which present only insignificant or no potential for adverse environmental effects. The time needed to plan and review such projects is typically very short – often only a day or two. Holding a public comment period and making a determination under the IAA with respect to such projects would not add value to Canadians and would cause delays to the operational continuity and service delivery of authorities. The ability to exclude these low-risk activities through the Ministerial Order ensures that government resources are directed at assessing proposals with greater potential for adverse environmental effects.

Departmental contact information

Sarah Jackson
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-513-6713
E-mail: regulations-reglements@iaac-aeic.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2018

Administrative Monetary Penalties Regulations for Violations under the Impact Assessment Act

Enabling Act

Environmental Violations Administrative Monetary Penalties Act (EVAMPA)

Description

The objective of the proposed administrative monetary penalties (AMPs) regulations is to provide a modern and flexible enforcement tool that supplements existing enforcement measures under the Impact Assessment Act (IAA) and, as a result, improve environmental protection.

The Environmental Violations Administrative Monetary Penalties Act (EVAMPA) provides authority to establish a regulatory AMPs regime for the enforcement of specified environmental acts, including the IAA. AMPs, which are financial penalties or fines imposed for contravention of a legislative scheme, are common across a range of other federal and provincial legislation. The maximum penalties for AMPs under EVAMPA are $5,000 for an individual and $25,000 for a corporation.

Regulatory cooperation efforts (domestic and international)

The Agency will coordinate regulatory development with Environment and Climate Change Canada and other federal departments to ensure consistency and transparency in AMPs practices across the government.

Potential impacts on Canadians, including businesses

Impacts on Canadians, including businesses, will be reviewed when this regulation is developed.

Consultations

Initial consultation on the proposal with industry, provinces and territories, Indigenous Peoples, stakeholders and the public is targeted for 2024. Further public consultation opportunities will be available upon the development of the regulations.

Further information

Further information will be available upon the development of the regulations.

Departmental contact information

Sarah Jackson
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-513-6713
E-mail: regulations-reglements@iaac-aeic.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2023

Repeal of Spent Regulations and Minor Corrections: Miscellaneous Amendments Regulations

Enabling Act

Impact Assessment Act (IAA)

Description

On an ongoing basis, the Standing Joint Committee for the Scrutiny of Regulations reviews regulations for errors, omissions, discrepancies, and Official Language concordance. Issues identified by the Committee are brought to the attention of the responsible Minister and amendments to the regulations are made, as deemed necessary, to address the recommendations of the Committee.

The purpose of the proposed regulations is to repeal spent regulations made under the former Canadian Environmental Assessment Act as requested by the Standing Joint Committee for the Scrutiny of Regulations. These regulations no longer have any legal or practical force or effect. In addition, the proposed regulations will correct a minor discrepancy between the English and French versions of the Physical Activities Regulations.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation is not required.

Potential impacts on Canadians, including businesses

There are no expected business impacts.

Consultations

There are no planned consultations, consistent with the expedited process for Miscellaneous Amendment Regulations, which are minor and non-substantive.

Further information

In accordance with transitional provisions under sections 178 and 179 of the IAA, all environmental assessments under the former CEAA were either terminated or continued under CEAA 2012 and all regulatory instruments adopted under the former CEAA ceased to have any legal effect, and are considered spent. The repeal of the following regulations made under the former CEAA is not legally required but would help eliminate a potential source of confusion for stakeholders:

In the Physical Activities Regulations, there is a discrepancy between the English and French versions under subsection 42(a). The English version of this provision includes a quantitative production capacity threshold that establishes what hydroelectric generating facilities are designated by the Regulations. This threshold, however, is missing from the French version. The French version will be amended to include the threshold featured in the English version.

This initiative is expected to be finalized in spring 2023, with publication of the Governor in Council Regulations and a Ministerial Order in Canada Gazette, Part II.

Departmental contact information

Sarah Jackson
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-513-6713
E-mail: regulations-reglements@iaac-aeic.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

Review of the spent regulations was first included in the Agency’s Forward Regulatory Plan in 2022.

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