Legislation and Regulations
On June 20, 2024, the Budget Implementation Act, 2024, received Royal Assent and brought into force amendments to the Impact Assessment Act (IAA). These changes were made in response to the Supreme Court of Canada’s decision on the constitutionality of the IAA. Over the coming weeks and months, this website along with procedures, policy and guidance documents will be updated to reflect these legislative changes, as required.
The Impact Assessment Agency of Canada (the Agency) is responsible for the Impact Assessment Act (IAA).
List of regulations under the Impact Assessment Act
- Physical Activities Regulations
These regulations identify the physical activities that constitute the "designated projects" that are subject to the Impact Assessment Act and may require an impact assessment by the Agency.
Frequently Asked Questions - Information and Management of Time Limits Regulations
IAArequires that the proponent of a designated project submit a project description to the Agency. These regulations set out the information that must be included in a project description. 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.
Frequently Asked Questions - Cost Recovery Regulations
Canadian Environmental Assessment Act, 2012 (CEAA 2012) provides for cost recovery regulations to enable the recovery from the proponent of a project certain costs incurred during the course of an environmental assessment. These regulations set out the services and amounts for which the Agency can recover costs from the proponent of a project that undergoes an assessment by review panel. The Cost Recovery Regulations under CEAA 2012 will continue to apply until such time as new Cost Recovery Regulations are developed under the IAA.
Frequently Asked Questions - Designated Classes of Projects Order
Under section 88 of the Impact Assessment Act, the Minister of the Environment can designate, by order, classes of projects that, if carried out, will cause only insignificant effects. The Designated Classes of Projects Order sets out such classes of projects. For these projects, authorities would not be subject to the requirements under the IAA for projects on federal lands and outside Canada.
Frequently Asked Questions - Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells)
Transitional environmental assessments
When the IAA came into force, the former CEAA 2012 was repealed. The IAA includes transitional provisions for environmental assessments that were underway at that time.
Any screening of a project commenced under the former Canadian Environmental Assessment Act of 1992 (CEAA 1992), in respect of which the responsible authority has not , before the day on which the IAA came into force, taken a course of action under section 20 of CEAA 1992, was terminated.
Any comprehensive study of a project commenced under the CEAA 1992 in respect of which the Canadian Environmental Assessment Agency (CEAA, the former Agency) has not, before the day on which the IAA came into force, published a notice under subsection 22(1) of CEAA 1992, was terminated.
Any comprehensive study of a project commenced under CEAA 1992, in respect of which the former Agency has, before the day on which the IAA came into force, published a notice under subsection 22(1) of CEAA 1992, is continued as an environmental assessment by the Agency under CEAA 2012 as if CEAA 2012 had not been repealed.
Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of CEAA 2012 before the day on which the IAA came into force is continued as an environmental assessment under CEAA 2012 as if that Act had not been repealed.
If a proponent of a designated project under CEAA 2012 submitted a project description to former Agency and the former Agency has not posted a notice under subsection 8(1) of CEAA 2012, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of CEAA 2012 is deemed to be an initial description of the project provided under subsection 10(1) of the IAA on the day that act came into force.
Any environmental assessment of a designated project commenced under CEAA 2012 by the former Agency, in respect of which the former Agency has posted the notice of commencement under section 17 of CEAA 2012 before the day on which the IAA came into force, is continued under CEAA 2012 as if that act had not been repealed.
Any environmental assessment of a designated project referred to a review panel under section 38 of CEAA 2012 before the day on which the IAA came into force is continued under CEAA, 2012 as if that act had not been repealed.
Any environmental assessment of a designated project by the Canadian Nuclear Safety Commission or the Canada Energy Regulator (formerly the National Energy Board) commenced under CEAA 2012, in respect of which a decision statement was not issued under section 54 of CEAA 2012 before the day on which the IAA came into force, is continued under CEAA 2012 as if that act had not been repealed.
Any environmental assessment of a designated project by the Canada Energy Regulator commenced under CEAA 2012, in respect of which a decision statement has not been issued under section 31 of CEAA 2012 before the day on which the IAA came into force is continued under CEAA 2012 as if that Act had not been repealed.
The regulations under CEAA 2012 will continue to apply to those projects that are being continued and completed under CEAA 2012.
For more information on federal environmental assessment, see Policy and Guidance.
Quick Links
Page details
- Date modified: