Forward Regulatory Plan: 2024-2026
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would be implemented through Governor in Council regulations that would replace the current Cost Recovery Regulations originally made under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and transitioned under the IAA.
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 2024-2025. 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:
- Provide that these bodies be considered jurisdictions for the application of the Impact Assessment Act;
- Authorize Indigenous governing bodies to exercise powers and perform duties or functions in relation to impact assessment on lands specified in the agreement or arrangement.
This initiative is consistent with the purpose and mandate of the IAA, which outline commitments to:
- Promote cooperation and coordinated action between the federal government and Indigenous governing bodies that are jurisdictions;
- Ensure respect for the rights of Indigenous Peoples in the course of impact assessments and decision-making under the IAA;
- Respect the Government’s commitments with respect to the rights of Indigenous Peoples (for example, implementation of the United Nations Declaration on the Rights of Indigenous Peoples).
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.
The targeted timeline for engagement was delayed pending legislative amendments required to respond to the decision from the Supreme Court of Canada (SCC) on the Constitutionality of the IAA.
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, through a public comment period targeted for 2024, which will inform further regulatory development on this initiative.
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 Exclusion Order) was put in place by the Minister of Environment and Climate Change 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 Exclusion 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 that will address additional classes of projects that will cause only insignificant adverse environmental effects. Consistent with the past approach to developing this Ministerial Exclusion Order, projects that meet the following criteria may be considered for exemption:
- Non-complex projects with minimal interaction with the environment;
- Federal authorities’ experience with the project type has resulted in a good understanding of any associated potential environmental effects;
- Any potential adverse effects can be reduced to an insignificant level through standard design and by the routine application of effective and established mitigation measures; and,
- Environmental effects for the class of project are considered insignificant.
Regulatory cooperation efforts (domestic and international)
The amendments to the Ministerial Exclusion 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 Exclusion 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 2024.
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 Exclusion Order ensures that government resources are directed at assessing proposals with greater potential for adverse environmental effects.
This initiative is expected to be finalized by winter 2025, with publication of the Ministerial Exclusion 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
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 2025. 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
Information and Management of Time Limits Regulations
Enabling Act
Impact Assessment Act (IAA)
Description
The Information and Management of Time Limits Regulations was developed and came into force with the IAA on August 28, 2019. These regulations set out the information that a proponent of a designated project must include in a project description submitted to the Agency. These regulations also include criteria under which the legislated timelines can be suspended, the guidelines and plans the Agency is required to provide to the proponent, and the format in which information should be provided to the Agency.
The purpose of the proposed amendments is to harmonize the regulations to align with legislative amendments to the IAA.
Regulatory cooperation efforts (domestic and international)
Regulatory cooperation is not required.
Potential impacts on Canadians, including businesses
There are no expected business impacts.
Consultations
An expedited process for Miscellaneous Amendment Regulations is contemplated, without consultation, given amendments are minor, non-substantive and for the purpose of alignment with enabling legislation.
Further information
Following the Supreme Court of Canada’s issuance of its decision on the constitutionality of the IAA, the Government of Canada committed to make the legislative changes required to respect the Court’s opinion. The proposed amendments to these regulations would ensure its language is harmonized with the amended legislation.
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 2024
Physical Activities Regulations
Enabling Act
Impact Assessment Act (IAA)
Description
The Physical Activities Regulations, commonly known as the Project List is a Governor in Council regulation which came into force with the IAA on August 28, 2019. These regulations describe the classes of “designated projects” that are subject to the IAA and which may require an impact assessment.
The Project List was designed to focus federal impact assessment on projects with the greatest potential for adverse environmental effects in areas of federal jurisdiction and in areas where federal assessment adds value beyond regulatory oversight and provincial assessment processes.
The IAA requires the Impact Assessment Agency to review the Project List within five years after the day on which the regulations came into force. This review will inform recommendations to the Minister of Environment and Climate Change on potential regulatory amendments. This will be followed by a regulatory development and approval process for Governor in Council regulations, including publishing draft regulatory text through Canada Gazette.
Regulatory cooperation efforts (domestic and international)
The amendments to the Physical Activities regulations will be developed in collaboration with federal departments and other bodies.
Potential impacts on Canadians, including businesses
Impacts on Canadians, including businesses, will be reviewed when developing the amendments to the regulation.
Consultations
Engagement on a discussion paper on the five-year review of the Project List is targeted for 2024, including a public comment period. This will inform further regulatory development on this initiative. Further public consultation opportunities on amendments to the regulations will be available through Canada Gazette, Part I.
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 2024