Forward Regulatory Plan: 2025-2027
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 IAA, to enable the Impact Assessment Agency of Canada (IAAC) to recover a portion of costs incurred while administering the federal impact assessment process for IAAC-led and substituted assessments in addition to review panels.
The IAA provides authority for regulations prescribing fees, charges or levies for the purpose of recovering all or a portion of costs associated with an impact assessment. This may include costs incurred by IAAC or a 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would be implemented through Governor in Council regulations that would replace the current Cost Recovery Regulations originally made under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and transitioned under the IAA.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 co-operation efforts (domestic and international)
IAAC 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 2026-2027. 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
Celine Guidone
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-790-1828
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 IAA;
- 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 preamble, purpose and mandate of the IAA, which outline commitments to:
- Promote co-operation between the federal government and the Indigenous Peoples of Canada;
- 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).
IAAC is committed to developing the proposed regulations together with Indigenous Peoples. To this end, a Circle of Experts was established to provide First Nations, Métis, and Inuit perspectives, and with whom IAAC co-developed a discussion paper to support national engagement. The Circle of Experts was a technical sub-committee of the Indigenous Advisory Committee.
Regulatory co-operation efforts (domestic and international)
IAAC will continue to consult with other jurisdictions and federal authorities 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
IAAC staff engaged Indigenous peoples in 2018-2019 through a series of national workshops. This input shaped the development of the IAA, and informed early ideas on co-administration agreements.
IAAC established the Circle of Experts in 2022. A discussion paper co-developed with the Circle of Experts supported further engagement with Indigenous Peoples, provinces, territories, industry and stakeholders throughout a 90-day national comment period in the summer and fall of 2024. Input from the comment period and further engagement will inform development of the regulatory and policy framework for this initiative.
Further information
Further information is available at Indigenous Impact Assessment Co-Administration Agreement Regulations.
Departmental contact information
Celine Guidone
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-790-1828
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 co-operation efforts (domestic and international)
IAAC 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
Consultation opportunities on the proposal with industry, provinces and territories, Indigenous Peoples, and stakeholders 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
Celine Guidone
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-790-1828
E-mail: regulations-reglements@iaac-aeic.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
April 2023
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. Since the IAA came into force in 2019, an average of nine projects per year meet thresholds in the Project List and enter the federal impact assessment process.
The IAA requires IAAC to review the Project List within five years after the day on which the regulations came into force (i.e., by August 2024). IAAC completed the review in 2024 after a public engagement period. The review continues to inform potential regulatory reform, and any proposed changes would proceed through the regulatory development and approval process for Governor in Council regulations, including publishing draft regulatory text through Canada Gazette, Part I.
Regulatory co-operation 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 the discussion paper on the five-year review of the Project List took place in 2023 and 2024, including targeted external engagement with key stakeholders and Indigenous organizations and a public comment period in the summer of 2024. This will inform further regulatory development on this initiative. Any 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
Celine Guidone
Director, Legislative and Regulatory Affairs
160 Elgin Street, 22nd floor
Ottawa, ON K1A 0H3
Tel.: 613-790-1828
E-mail: regulations-reglements@iaac-aeic.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
April 2024