Annex for Integrated Impact Assessments
Between
the Impact Assessment Agency of Canada
– and –
the Canadian Energy Regulator

Annex 1 — Information Sharing and Notification Annex

General

This Annex is governed by the understandings as described in the Memorandum of Understanding (MOU) between the Impact Assessment Agency of Canada (the Agency) and the Canadian Energy Regulator (CER). Pursuant to the MOU and under the terms of this Annex, the Agency and the CER (each a “party” or jointly “the parties”) agree to respect this Annex. This Annex is intended to be read in conjunction with the MOU.

This Annex is not intended to affect the exchange of information between the parties under other established information sharing arrangements or agreements, including other annexes under this MOU.

Purpose

This Annex sets out how the Agency and the CER will ensure information exchange and notification during all phases of an integrated impact assessment.

Scope

This Annex will apply to communication, notification and early and ongoing information sharing in all phases of a potential integrated impact assessment involving designated projects also regulated under the Canadian Energy Regulator Act (CERA).

The roles and responsibilities of the Agency and the CER relating to an integrated impact assessment are in accordance with the Impact Assessment Act (IAA) and the CERA, as relevant.

Information Sharing and Notification

The Agency and the CER agree that reciprocal notification and early and ongoing information sharing is important to ensure that the principle of “one project, one assessment” is followed in fulfilling the requirements under the IAA and the CERA.

Throughout the integrated impact assessment process, the Agency will provide notification to the CER regarding planned and/or requested public engagement and Indigenous consultation activities as per the Public Engagement and Crown Consultation annexes.

For all stages of an integrated impact assessment, the CER and the Agency agree to keep each other informed of issues that may arise or information that is provided through informal channels.

Prior to the submission of an initial project description:

1. (1) the parties will notify each other if and when a prospective proponent contacts one of the parties for initial and early discussions on a potential designated project prior to the Planning phase of the integrated impact assessment process;
2. (2) the parties will collaborate on the review of early drafts of a project description to determine completeness and whether the information requirements of the Information and Management of Time Limits Regulations (the Project List) are met;
3. (3) the parties will collaborate on the determination of whether a proposed project is a designated project;
4. (4) the Agency will provide notification to the CER regarding when the Initial Project Description has been officially accepted; and
5. (5) the parties will share Crown constructive knowledge as per the Indigenous Consultation Annex.

During the Planning phase:

• the Agency will provide notification to the CER regarding when both the Initial and Detailed Project Descriptions have been accepted and posted on the Impact Assessment Registry internet site (the Registry); and
• the Agency will provide notification to the CER regarding when the Summary of Issues, Tailored Impact Statement Guidelines, Plans and Notice of Commencement are posted on the Registry.

During the Impact Statement and Impact Assessment phases:

• the parties agree to notify each other regarding any information received regarding the estimated timing for the submission of the Impact Statement / Integrated Application;
• the parties agree to notify each other in advance of any bilateral meetings with the proponent or other parties in the integrated impact assessment; and
• following the receipt of the Integrated Review Panel Report, the Agency will notify the CER as soon as possible if any additional potential impact assessment conditions are required relating to the integrated impact assessment or as a result of consultations with Indigenous groups beyond those potential impact assessment conditions included in the Integrated Review Panel Report.

During the Decision-Making phase:

• the Agency will notify the CER prior to the submission of the memorandum to Cabinet;
• the Agency will notify the CER prior to the issuance of the impact assessment Decision Statement under the IAA, should the project be allowed to proceed; and
• should the project receive a positive impact assessment decision, the CER will notify the Agency prior to the issuance of a certificate under the CERA.

During the Post-Decision phase:

• The parties agree to keep each other informed regarding:
  • any proposed amendments to impact assessment conditions that could result in changes to achieving the objectives of the conditions but not its scope and intent (e.g., new science, new technology); and
  • any reported non-compliance regarding impact assessment conditions in the certificate issued under the CERA, or, if applicable, the impact assessment Decision Statement issued under the IAA.

Point of Contact

The CER and the Agency will each identify the point of contact to coordinate correspondence between the two organizations. These identified points of contact will ensure information sharing throughout the integrated impact assessment.

The CER point of contact is the director of the appropriate team in the CER’s Energy Adjudication Business Unit. The Agency’s point of contact is the regional project manager or panel manager, as appropriate, for the designated project. The parties will ensure that up-to-date contact information for the respective points of contact is made available to each other.