Annex to the Memorandum of Understanding
Between the
Impact Assessment Agency of Canada
and the
Canadian Nuclear Safety Commission

Annex 3 - Roles and Responsibilities for Crown Consultation in Integrated Impact Assessment Processes

Whereas the Impact Assessment Agency of Canada (“the Agency”) and the Canadian Nuclear Safety Commission (“the CNSC”) — together, “the participants” — have entered into an MOU on cooperation and collaboration with respect to implementing integrated impact assessment processes under the Impact Assessment Act (the IAA) for designated projects regulated under the Nuclear Safety and Control Act (NSCA).

Therefore, the Agency and the CNSC will consult and work collaboratively, through efficient and effective cooperation, without unnecessary delays or duplication of effort, and in accordance with the provisions of the MOU and the procedures and guidance of this Annex with regard to Crown consultation.

1. Definitions

In this Annex:

Indigenous peoples” has the same meaning as “Aboriginal peoples of Canada” as defined by section 35 of the Constitution Act, 1982.

2. Purpose

The purpose of this Annex is to outline the roles and responsibilities in relation to each participant’s role with respect to the Crown’s duty to consult and, as appropriate, accommodate Indigenous peoples in relation to designated projects subject to an integrated impact assessment process.

3. Roles of other Participants

The roles of other key participants with respect to Crown consultation activities within an integrated impact assessment process, including federal authorities, the project proponent and Indigenous peoples, will vary depending on various factors. These roles and participation opportunities will be elaborated during the Planning phase of an integrated impact assessment, including through the Indigenous Engagement and Partnership Plan (IEPP) and group-specific consultation plans, as appropriate.

The role of the Integrated Review Panel with respect to assessing the potential impacts of a designated project on Aboriginal and/or Treaty rights will be outlined in the Terms of Reference for the Integrated Review Panel (refer to Annex 6).

4. Impact Assessment Agency of Canada’s Role in Crown Consultation

4.1. Overview

The Agency will lead Crown Consultation activities with Indigenous peoples during integrated impact assessments and will coordinate a whole of government approach to integrating Crown consultation into the integrated impact assessment process. The Agency will:

4.2. Planning phase

The Agency, in collaboration with the CNSC, will provide guidance to proponents on early engagement with potentially affected Indigenous groups and Indigenous jurisdictions, leading up to the submission of an initial Project Description to the Agency.

Following submission of an initial Project Description, the Agency will lead the collaborative planning of an appropriately scaled, resourced and flexible Crown consultation process with respect to the integrated impact assessment involving all relevant federal authorities. A Crown consultation team will be established for the integrated impact assessment comprised of staff from the Agency, CNSC and appropriate federal authorities.

Key activities that will be undertaken in collaboration with the CNSC include:

If an integrated impact assessment is required, the Agency will work collaboratively with Indigenous groups, the CNSC, federal authorities and other jurisdictions to develop and implement the IEPP.

The Agency, in collaboration with the CNSC, will seek comments and input from Indigenous groups on the development of all relevant planning documents, in particular the Tailored Impact Statement Guidelines and any group-specific consultation plans.

At the end of the Planning phase, the Agency will, in collaboration with the CNSC:

At the end of the Planning phase, the Agency will collaborate with the CNSC and participating federal authorities in considering the adequacy of the impact assessment and consultation approach for being able to address the interests and concerns raised by the identified Indigenous groups with respect to the designated project. This procedural step will assist in identifying a potential accommodation mandate for the Crown consultation team in order to address the interests and concerns of identified Indigenous groups. The IEPP will also help inform the overall design of the impact assessment process including management of timelines and key process steps required to implement the IEPP and a meaningful consultation process.

4.3. Impact Statement phase

Key activities that will be undertaken in collaboration with the CNSC include:

4.4. Impact Assessment phase

Following the establishment of the Integrated Review Panel, key activities that will be undertaken in collaboration with the CNSC include:

4.5. Decision Making Phase

Key activities that will be undertaken in collaboration with the CNSC include:

4.6. Follow-up, Monitoring and Compliance and Enforcement Phase

The Agency will transfer the lead role for Crown consultation to the CNSC, with relationship management efforts to ensure a smooth transition including meetings as appropriate to facilitate ongoing Crown-Indigenous relationships with appropriate Crown participants for the regulatory phase. The Agency will also ensure the Crown record of consultation is made available to the CNSC and federal authorities for their ongoing use.

The Agency, along with the Crown consultation team, will discuss and document any lessons learned to support continuous improvement.

5. Canadian Nuclear Safety Commissions's Role in Crown Consultation

5.1. Overview

The CNSC will serve as a technical expert federal authority as part of the Crown consultation team throughout the impact assessment, and coordinate participation of relevant staff from the CNSC in consultations with Indigenous groups to ensure that the Commission, as an Agent of the Crown, meets its duty to consult, and, as appropriate, accommodate in relation to any licensing decisions as part of the integrated impact assessment process.

The CNSC will share with the Agency any applicable consultation-related procedures or features of its licensing basis for a regulated facility including the CNSC’s application of REGDOC-3.2.2, Indigenous Engagement, to ensure alignment of any early engagement activities conducted by the Agency or the CNSC including the potential for joint Agency-CNSC meetings with Indigenous groups in respect of a potential designated project.

5.2. Planning phase

The CNSC will assist the Agency in providing guidance to proponents on early engagement with potentially affected Indigenous groups, and Indigenous jurisdictions, leading up to the submission of an initial Project Description to the Agency.

Following submission of an initial Project Description, the CNSC will participate in the collaborative planning of an appropriately scaled, resourced and flexible Crown consultation process with respect to the integrated impact assessment. Key activities include:

5.3. Impact Statement phase

Key activities that the CNSC will participate in include:

5.4. Impact Assessment phase

Following the establishment of the Integrated Review Panel, the CNSC will, as part of the Crown consultation team:

5.5. Decision Making Phase

The CNSC will, as part of the Crown consultation team:

5.6. Follow-up, Monitoring and Compliance and Enforcement Phase / Regulatory Phase

Following the issuance of a decision statement for a designated project, the Agency will share the Crown record of consultation with the CNSC, and identify the CNSC as Crown Consultation Lead for the regulatory phase, with relationship management efforts coordinated with the Agency and federal authorities to facilitate ongoing Crown/Regulator-Indigenous relationships.

The CNSC will also notify Indigenous groups of issuance of a licence pursuant to the NSCA and the role of Indigenous groups in any next steps of the process.

As the lead for ongoing follow-up monitoring and compliance and enforcement activities, the CNSC will:

As part of the Crown consultation team for the integrated impact assessment, the CNSC will contribute to the discussion and documentation of any lessons learned to support continuous improvement.

Points of Contact

The CNSC and the Agency will each identify a point of contact to coordinate Crown consultation and engagement activities throughout the integrated impact assessment. These identified points of contact will ensure coordination and that communication from both organizations avoids duplication.

The CNSC point of contact is the Director, Environmental Assessment Division for the designated project. The Agency’s point of contact is the regional Project Manager or Consultation Lead, as appropriate, for the designated project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

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