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

Annex 6 - Development of Conditions 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 the development of conditions.

Purpose

This Annex sets out the process for the development of conditions for integrated impact assessments for designated projects that include physical activities regulated under the NSCA.

Legislative Provisions

Subsection 51(1) of the IAA requires the review panel to prepare a report that sets out the review panel’s rationale, conclusions and recommendations.

Subsection 55.1(1) and (2) of the IAA requires the Agency to make and post recommendations to assist the Minister of the Environment (the Minister) in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55.

Subsection 64(1) of the IAA requires the Minister to establish any condition he or she considers appropriate in relation to the adverse effects within federal jurisdiction.

Subsection 64(2) of the IAA requires the Minister to establish any condition he or she considers appropriate – that is directly linked or necessarily incidental to the exercise of a power, or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part in relation to the adverse direct or indirect incidental effects with which the proponent must comply.

Paragraph 64(4)(a) of the IAA requires that the conditions established by the Minister must include the implementation of the mitigation measures that the Minister takes into account in making a decision under paragraph 60(1)(a) other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction, including the CNSC.

Subsection 65(1) of the IAA states the Minister must issue a decision statement to the proponent informing the proponent of the decision made under the IAA in relation to the designated project. The decision statement includes any conditions with which the proponent must comply.

Subsection 67(1) of the IAA authorizes the Minister to, in a decision statement issued in relation to a designated project under the NSCA, designate conditions in the decision statement as part of a licence issued under section 24 of the NSCA.

Subsection 68(1) of the IAA authorizes the Minister to amend a decision statement to add, or remove a condition, to amend any condition or modify the designated project’s description.

Subsection 68(4) of the IAA prohibits the Minister from amending or removing a condition that has been designated to be part of a licence issued under section 24 of the NSCA. The Minister is also not permitted to designate any conditions added to the decision statement.

Subsection 79(2) of the Species at Risk Act requires that the adverse effects of a project on a listed wildlife species and its critical habitat be identified, and if the project is carried out, requires that measures be taken to avoid or lessen the effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans.

Process for the Development of Conditions

The Agency will, in consultation with the CNSC, provide guidance to the Integrated Review Panel on the process for developing potential conditions that would be recommended for consideration to be a part of the decision statement issued to a proponent by the Minister, and in the proposed NSCA licence, should the project be allowed to proceed. Guidance provided by the Agency will be made available on the Registry. The Panel Secretariat may also provide support to the Integrated Review Panel.

In order to fulfill the requirements of the IAA and the NSCA, the Integrated Review Panel will identify the mitigation measures and develop potential conditions during the integrated impact assessment process and make the potential conditions available for comment. To the extent possible, the input from the Agency, the CNSC, federal authorities, other government agencies, the public and Indigenous groups on the potential conditions will be provided to the Integrated Review Panel through the impact assessment process. Any such information provided to the Integrated Review Panel will be posted on the Registry. The Integrated Review Panel will be encouraged to identify in its report those mitigation measures that it considers the responsibility of the CNSC to ensure implementation by the proponent.

The CNSC agrees, to the greatest extent possible, to ensure the implementation of mitigation measures and the potential impact assessment conditions included as recommendations in the Integrated Review Panel’s report into the licence issued under section 24 of the NSCA. Should the CNSC feel that it is not able to ensure the implementation of a specific mitigation measure or potential impact assessment condition, it will notify the Agency as soon as possible so that the mitigation measure can be included in the decision statement issued under the IAA.

The Agency agrees to consult with the CNSC regarding any additional potential impact assessment conditions it is of the opinion are required, including:

• any additional potential impact assessment conditions that are identified after reviewing the draft conditions released by the Integrated Review Panel; and
• any additional potential impact assessment conditions relating to Indigenous consultation that arise as a result of consultations with Indigenous groups following the release of the Integrated Review Panel’s report.

Prior to recommending potential conditions to the Minister for inclusion in the decision statement, the Agency will consult with the CNSC regarding all potential conditions, including those that are to be designated to be part of the licence issued under section 24 of the NSCA.

The compliance verification and enforcement of any conditions, established by the Minister under section 64 of the IAA and identified in the decision statement as designated to be part of the licence issued under section 24 of the NSCA, will be undertaken by the CNSC.

The Agency and the CNSC agree to keep each other informed regarding:

• any proposed amendments to impact assessment conditions that could result in changes (e.g., new science, new technology) to achieving the objectives of the conditions but not its scope and intent; and,
• any reported non-compliance regarding impact assessment conditions in the licence issued under section 24 of the NSCA, or, if applicable, in the decision statement issued under the IAA.

Points of Contact

The CNSC and the Agency will each identify the point of contact to coordinate correspondence between the two organizations.

The CNSC point of contact is the Director of the Environmental Assessment Division or his/her delegate. The Agency’s point of contact is the Manager, Decision Statements. The participants will ensure that up-to-date contact information for the respective points of contact is made available to each other.