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

Annex 8 - Joint 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 joint integrated impact assessment processes.

Purpose

This Annex sets out how the Agency and the CNSC will implement an integrated impact assessment under the IAA in the context of a joint review panel with a jurisdiction that 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 NSCA.

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

Joint integrated impact assessments with other jurisdictions will be governed by project-specific joint integrated review panel agreements.

Legislative Provisions

Subsection 39(1) of the IAA indicates that the Minister of the Environment (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 CNSC if the designated project includes physical activities regulated under the NSCA.

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

• The Agency will consult the CNSC on elements with respect to an agreement with a jurisdiction for a joint integrated impact assessment, such as appointments of panel members and the development of the panel’s Terms of Reference;
• The CNSC will provide support to the conduct of the joint integrated impact assessment, including providing specialist information and knowledge to the Joint Integrated Review Panel on the record of the review;
• The CNSC will provide staff for the Panel Secretariat that will support the Joint Integrated Review Panel; and,
• The Agency and the CNSC 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 CNSC, taking into consideration any cost sharing arrangements with the partner jurisdiction.

Points of Contact

The CNSC 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 CNSC point of contact is the Director, Environmental Assessment Division for the designated project or his/her delegate. The Agency’s points of contact is the Panel Manager for the review of the proposed project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.