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

Annex 5 - Appointments to Rosters and Review Panels for Integrated Impact Assessments

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 appointments to rosters and review panels.

Purpose

This Annex sets out how the Agency and the CNSC will cooperate:

• in the establishment of a roster of persons for potential appointment to integrated review panels; and,
• on the appointment of persons to integrated review panels that fulfill requirements under the IAA and the NSCA.

Legislative Provisions

Subsection 42(c) of the IAA sets a legislative deadline for the Agency to appoint a review panel — within 45 days after the Agency determines that the proponent has provided all of the information or studies required.

Subsection 44(3) of the IAA requires the appointment of at least one person from the CNSC roster to the review panel, where a designated project subject to an impact assessment includes physical activities regulated under the NSCA.

Paragraph 50(a) of the IAA requires the Minister of the Environment (the Minister) to establish a roster of persons who may be appointed to a review panel, including an Integrated Review Panel with the CNSC.

Paragraph 50(b) requires the Minister to establish a roster of persons from the CNSC (CNSC roster) for appointment to an Integrated Review Panel. Subsection 50(2) requires the Minister to establish this roster in consultation with the Minister of Natural Resources.

Roles and Responsibilities

Establishment of the CNSC Roster

The CNSC and the Agency will work collaboratively in the early identification of potential candidates and in the preparation of information for the Agency to make recommendations to the Minister regarding appointments to the CNSC roster.

The CNSC will identify potential roster candidates from its permanent and temporary Commission members and provide the relevant biographical information to the Agency. The CNSC will inform its permanent and temporary Commission members that they are being considered for the CNSC roster established for the purposes of integrated review panels under the IAA.

The Agency will use information provided by the CNSC to prepare and make recommendations to the Minister regarding appointments to the CNSC roster. The Agency will consult with Natural Resources Canada (NRCan) and the Minister of Natural Resources on the recommendations to the Minister.

The CNSC will inform the Agency if amendments to the CNSC roster are necessary for reasons that include but are not limited to the appointment of a new Commission member, the resignation of an existing member or the non-availability of a Commission member.

Establishment of the Agency Roster

The Agency will seek to have its existing roster under the Canadian Environmental Assessment Act, 2012 affirmed as the Agency roster, under the IAA. The Agency will provide the biographical information of its existing roster members to the CNSC. The CNSC and the Agency will work collaboratively in the early identification of potential candidates and in the preparation of information for the Agency to make recommendations to the Minister regarding appointments to the Agency roster.

Review Panel Appointments

Preparations for Integrated Review Panel appointments will begin as soon as the Agency and the CNSC have real and constructive knowledge of a specific project proposal. The CNSC will notify NRCan Portfolio Management so that it can begin to work with the Privy Council Office to ensure timely Governor-in-Council appointments under the NSCA.

The Agency will identify potential candidates, in consultation with the CNSC, for the Integrated Review Panel from the Agency roster (appointed by the Minister under paragraph 50(a) of the IAA) that may be available and are likely to be qualified candidates. Where there are no available or qualified roster members, the Agency will, in consultation with CNSC, identify other individuals for consideration as candidates for the Integrated Review Panel.

The Agency agrees to consult and seek recommendations from the President of the CNSC for the appointment of any person from the CNSC roster. The CNSC will identify potential candidates from the CNSC roster, in consultation with the Agency, that are likely to be available and qualified for the Integrated Review Panel. In the event no member is available from the CNSC roster, the CNSC will be able to identify a potential candidate from the roster appointed by the Minister, or, where there are no available or qualified roster members, the CNSC will in consultation with the Agency, identify other individuals for consideration as candidates for the Integrated Review Panel.

In recognition of the intended objective of "one project, one assessment" to discharge the requirements of the IAA and the NSCA, the Agency and the CNSC will cooperate on the recommendation that all the members of the Integrated Review Panel are also appointed as temporary members of the Commission under the NSCA, subject to Governor-in-Council approval.

The Agency will assess potential review panel candidates as early as possible in the integrated impact assessment process. The assessment will ensure that potential panel members are unbiased and are free from conflict of interest relative to the designated project, and that the Integrated Review Panel has an appropriate mix of expertise and capacity, including the ability to conduct the public hearing in the relevant official language of Canada.

Non-roster candidates will be identified for panel appointment in the event that there are no available candidates from either the Agency or CNSC roster. The Agency will recommend individuals to the Minister, including undertaking the consultative steps required for any panel appointment. NRCan will also be consulted on the names of the potential candidates who are not from the CNSC roster so that the Minister of NRCan may recommend candidates to the Governor-in-Council for the purposes of their appointment as temporary Commission members under the NSCA. The Agency will appoint the members of the Integrated Review Panel once the Governor-in-Council appointments process is complete.

The Agency, in collaboration with the CNSC, will invite Indigenous groups to suggest individuals for consideration for appointment to the Integrated Review Panel, as early as possible in the integrated impact assessment process.

In the case of an integrated impact assessment that is also to be carried out jointly with a jurisdiction, the jurisdiction will identify potential candidates for consideration for appointment to the Integrated Review Panel, in consultation with the Agency and the CNSC.

Points of Contact

The CNSC and the Agency will each identify a point of contact to coordinate establishment and maintenance of the Commission Roster and for review panel appointments. These representatives will ensure coordination and communication from both organizations to ensure timely appointments to integrated review panels.

The CNSC point of contact is the Commission Secretary or his/her delegate. The Agency’s point of contact is the Director, Review Panels Division. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.