Basics of cooperation
A key principle of the Impact Assessment Act (IAA) is cooperation with other jurisdictions, such as provinces, territories and Indigenous jurisdictions. Cooperation allows us to work together to support a single impact assessment process for major projects with each jurisdiction maintaining authority over their respective areas of jurisdiction.
By working together, we can reduce duplication and enhance the efficiency and certainty of the assessment process. The goal is “one project, one assessment” and this approach is critical to the success of Canada’s regulatory approach for major projects.
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Benefits of cooperation
Guided by the principle of “one project, one assessment,” cooperation offers many benefits while respecting the jurisdictional responsibilities of each government, including:
- agreed-upon principles for assessments
- streamlined planning
- reduced duplication
- reduced burden for proponents and other participants
- increased efficiency and certainty of the assessment process
- use of the best available expertise
Cooperation approaches
The IAA allows for several approaches to cooperation with other jurisdictions.
- Coordinated assessments: the jurisdictions coordinate activities and, where possible, timelines and documents.
- Delegation: parts of the federal assessment process can be delegated to another body or jurisdiction, while the federal government remains responsible for the overall assessment process under the IAA.
- Substitution: the federal Minister of Environment and Climate Change can allow another jurisdiction’s assessment, or a harmonized assessment, to substitute for the federal one while remaining responsible for the final decision on effects in federal jurisdiction.
- Harmonized assessments: the jurisdictions jointly develop an assessment process that meets the requirements of the IAA and the other jurisdiction’s legislative framework. With a Ministerial cooperation agreement in place, a harmonized assessment can be a substitute for the federal assessment under the IAA.
- Joint review panels: the jurisdictions jointly appoint panel members and agree on terms of reference for an independent panel to conduct the assessment.
Formalizing cooperation
The federal government and a province, territory, or Indigenous jurisdiction may prepare formal cooperation instruments, such as agreements and memoranda of understanding (MOUs), which set out how they will work together. Cooperation instruments provide transparency and certainty for proponents, Indigenous Peoples, and stakeholders. For a list of current cooperation instruments, consult Agreements related to assessments.
Project-specific cooperation
The federal government and a province, territory, or Indigenous jurisdiction may also establish how they will cooperate for individual project assessments. The cooperation approach is developed during the federal Planning phase for each project and may be documented through a project-specific agreement or simply outlined in the Cooperation Plan for the project. All project-specific Cooperation Plans and agreements are posted on the Canadian Impact Assessment Registry.
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