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

Annex 8 — Generic Project-Specific Joint Integrated Review Panel Agreement

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.

Purpose

This Annex sets out how the Agency and the CER will implement an integrated impact assessment under the IAA in the context of a joint review panel with a jurisdiction that also has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that also includes physical activities regulated under the CERA.

The purpose of this Annex is to outline the roles and responsibilities of the Agency and CER with respect to a joint integrated impact assessment with other jurisdictions. The roles and responsibilities of the Agency and the CER relating to a joint integrated impact assessment process are in accordance with the IAA and the CERA, respectively.

Joint integrated impact assessment with other jurisdictions will be governed by project-specific Joint integrated Review Panel Agreements.

Legislative Provisions

Under subsection 39(1) of the IAA, the Minister of the Environment and Climate Change (the Minister) may enter into an agreement or arrangement with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

Subsection 39(2) of the IAA indicates that the Minister cannot enter into an agreement or arrangement (referred to in subsection 39(1)) with the CER if the designated project includes physical activities regulated under the CERA.

Section 42 of the IAA outlines the provisions that must be included in an agreement to jointly establish a review panel, including that the agreement must include a consideration of the factors set out in subsection 22(1) of the IAA, and be conducted in accordance with any additional requirements and procedures set out in the agreement.

Roles and Responsibilities

The parties agree to work cooperatively to implement joint integrated impact assessment processes. In particular:

• the Agency will consult the CER on elements with respect to an agreement with a jurisdiction for a joint integrated impact assessment, such as appointments of review panel members and the development of the review panel’s Terms of Reference;
• the CER will provide support to the conduct of the joint integrated impact assessment, including providing staff for the secretariat that will support the joint integrated review panel; and
• the Agency and the CER will share costs for conducting the joint integrated impact assessment. The details of a cost-sharing agreement will be negotiated between the Agency and the CER, taking into consideration any cost sharing arrangements with the partner jurisdiction.

Points of Contact

The CER and the Agency will each identify a point of contact to coordinate joint integrated impact assessment process activities. These identified points of contact will ensure coordination and that communication from both organizations avoids duplication and ensures timely establishment of a joint integrated review panel.

The CER point of contact is the hearing manager. The Agency’s point of contact is the panel manager for the review of the proposed project. Each participant will ensure that up-to-date contact information is made available to each other.