Operating context

The Impact Assessment Agency of Canada (the Agency) operates in a constantly changing environment, where external factors such as markets and the socio-economic climate can affect the type, timing, volume, and distribution of projects requiring impact assessments. In response to the Supreme Court of Canada’s opinion on the Reference re: Impact Assessment Act (IAA) case, the Agency will support the Government of Canada in developing legislative amendments to the IAA.

Impact and environmental assessments are planning and decision-making tools that support the Government of Canada’s priority to protect the environment, while strengthening the economy and encouraging investment. In particular, these assessments:

• assist with project design;
• ensure that input and perspectives from Indigenous Peoples, the public, and stakeholders are considered before decisions are made; and
• identify and implement appropriate measures to mitigate potential adverse federal effects.

The Agency engages and consults meaningfully with Indigenous Peoples and the public, provides opportunities throughout assessment processes for them to participate, and manages funding programs to facilitate their participation in these processes. For example, the Agency administers the Participant Funding Program, which supports Indigenous groups, individuals, and non-profit organizations interested in participating in federal environmental and impact assessments, as well as regional and strategic assessments. Indigenous and public participation in federal assessments ensures an open and balanced process, while strengthening the quality and credibility of project reviews.

Assessment decision-making is transparent and guided by western science, Indigenous Knowledge, community knowledge, and other reliable evidence. Under the IAA, assessments include Gender-based Analysis Plus (GBA Plus), which examines differential project impacts on communities and different groups of individuals.

The Agency promotes impact assessment in a manner consistent with the provisions of the IAA and ensures that Canada meets its international obligations related to impact assessment. In accordance with the Government of Canada’s Interim Guidance on the IAA, the Agency remains ready to work collaboratively with proponents to continue to advance ongoing impact assessments of projects already in progress. The Agency will continue engagement with Indigenous partners, stakeholders, and the public, and will continue to work in close cooperation with the provinces on project assessments, with its emphasis clearly on the prevention of adverse effects in federal jurisdiction.

The Crown has a legal duty to consult and, where appropriate, accommodate Indigenous Peoples when it considers conduct that may adversely affect Indigenous or treaty rights. By recognizing and respecting the rights of Indigenous Peoples – as well as their knowledge, cultures, and interests in project reviews – and by working in partnership with Indigenous Peoples from the start, the Agency advances Canada’s commitment to reconciliation.

The assessment process established under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and the current IAA coexist with other impact assessment requirements established under several land claims agreements, including:

• James Bay and Northern Quebec Agreement;
• Northeastern Quebec Agreement;
• Nisga’a Final Agreement;
• Labrador Inuit Land Claims Agreement;
• Tsawwassen First Nation Final Agreement;
• Maa-nulth First Nations Final Agreement; and
• Inuvialuit Final Agreement.

Close collaboration between the Agency and Indigenous rights-holders ensures the efficient and effective coordination of these processes.