Designating a Project under the Impact Assessment Act

September 2025

© His Majesty the King in Right of Canada, as represented by the Minister of Environment and Climate Change, 2024

This publication may be reproduced for personal or internal use without permission, provided the source is fully acknowledged. However, multiple copy reproduction of this publication in whole or in part for purposes of redistribution requires the prior written permission from the Impact Assessment Agency of Canada, Ottawa, Ontario K1A 0H3, or information@iaac-aeic.gc.ca.

This document has been issued in French under the title: Désigner un projet en vertu de la Loi sur l’évaluation d’impact.

On this page

• Designating a project under the Impact Assessment Act
  • Purpose
  • Authority under the Impact Assessment Act
    • Project List
    • Designating a project not on the Project List
    • Limitation
    • Delegation to IAAC
  • Prerequisites for initiating a designation request
  • Process for designation requests
    • The requester submits information to the Minister
    • IAAC considers if the information is sufficient
    • If the information is sufficient, the designation request process begins
    • IAAC prepares a recommendation
    • Designation request determination
  • Repeat requests
  • Disclaimer
  • Annexes
    • Annex 1: Necessary information for a designation request

Designating a Project under the Impact Assessment Act

Purpose

This document describes the process under the Impact Assessment Act (the IAA) for considering whether to designate a project that is not identified in the Physical Activities Regulations (also known as the Project List), and the information required to initiate a designation request. Section 9 of the IAA is the legislative framework for the designation of a physical activity. For the purpose of this guidance, the term "project" is used throughout this document as an alternative for "physical activity".

Authority under the Impact Assessment Act

Project List

The Project List describes "designated projects" for which a federal impact assessment may add value, over and above other federal regulatory oversight mechanisms (e.g., authorizations, licences, and permits). Project types included on the Project List are those that are determined to have the greatest potential for adverse and complex effects in areas of federal jurisdiction related to the environment and are called designated projects. Examples of designated projects on the Project List include marine terminals, nuclear facilities and major mines.

Designating a project not on the Project List

The IAA also provides discretionary authority that enables the Minister of Environment and Climate Change (the Minister) to designate a proposed project that is not on the Project List. The Minister may exercise this authority if the carrying out of the project may cause "adverse effects within federal jurisdiction" or "direct or incidental adverse effects" as defined in the IAA (together referred to here as adverse federal effects). The various types of adverse federal effects are listed in the Annex.

This discretionary authority enables the Minister to consider exceptional circumstances such as where a project is proposed in an environmentally sensitive location or there is a new or unique type of project that was not contemplated when the Project List was developed.

Under subsection 9(1) of the IAA, the Minister may, upon request or on their own initiative, designate a project that is not on the Project List.

Designation requests may come from, but are not limited to:

• The public
• An Indigenous group
• A non-governmental organization
• A federal authority
• The Impact Assessment Agency of Canada
• Another jurisdiction
• The project proponent

Upon receiving a complete designation request for a project that has not previously been considered, and which is not subject to a limitation to the Minister’s authority to designate under the IAA, the Minister will issue a response with reasons within 90 days. IAAC advises and assists the Minister on the use of the power to designate a project under the IAA.

Limitation

Subsection 9(7) of the IAA limits the Minister’s authority to designate a project if the project has substantially begun or a federal authority has made a decision under another Act of Parliament that permits the project to be carried out, in whole or in part.

Delegation to IAAC

Under subsection 154(1) of the IAA, the Minister may, subject to any terms and conditions that the Minister specifies, delegate to IAAC any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA.

With respect to designation requests, the Minister can delegate authority to IAAC officials in situations such as:

• to designate a project if, in the opinion of IAAC officials, the carrying out of the project may cause adverse federal effects; and
• to respond with reasons to a request to designate when:
  • the request contains insufficient information to consider the request;
  • multiple requests have been received for the same project and a negative decision has already been issued;
  • the request relates to project already designated under the Project List; or
  • designation is not allowed as per subsection 9(7) of the IAA because the project has "substantially begun," or because a federal authority has exercised a power or performed a duty or function permitting the project to be carried out, in whole or in part.

Please consult IAAC’s webpage on the Delegation of authorities pursuant to subsection 154(1) of the Impact Assessment Act for more information on the authorities delegated by the Minister to IAAC officials .

Prerequisites for initiating a designation request

Before IAAC initiates its review of the designation request, IAAC must first determine whether:

• the project is described on the Project List; and
• a limitation under subsection 9(7) of the IAA applies to the project.

IAAC may seek relevant information from the proponent and federal authorities, as appropriate.

Following a review of the information received, if it is confirmed that the project is described on the Project List, IAAC will inform the requester in writing. If the project is described on the Project List, it is already a designated project and subject to the requirements of the IAA.

If the project is not on the Project List, IAAC will then review the information received to evaluate if a limitation under subsection 9(7) of the IAA applies to the project (i.e. if the project has substantially begun or if a federal authority has made a decision under another Act of Parliament that permits the project to be carried out, in whole or in part). In considering whether the project has substantially begun, IAAC will focus on its material progress and consider factors such as permanence, extent of substantive landscape alteration, and duration. Please consult the linked guidance for interpreting "substantially begun" for more information on the factors considered by IAAC in determining whether the project has substantially begun. If it is determined that either limitation applies, IAAC will inform the requester in writing that the Minister cannot consider the designation request.

If the project is not on the Project List and limitations under subsection 9(7) do not apply to the project, IAAC will then consider whether the information submitted by the requester is sufficient to begin the 90-day designation request process.

Process for designation requests

The requester submits information to the Minister

All designation requests must be made in relation to a specific proposed project for which a sufficient level of detail is available to understand:

• who the proponent is;
• what the project is;
• when construction and operations would occur;
• what are the adverse federal effects the project may cause and how they could occur.

Designation requests for a plan, policy, or hypothetical activity will not be considered.

The Annex below sets out instructions for preparing a designation request, including necessary information. Information provided by any party is considered to be on the public record and may be posted to the Canadian Impact Assessment Registry Internet site (the Registry) unless prohibited under the Access to Information Act or Privacy Act (e.g. personal information, such as home addresses and telephone numbers, are redacted before being posted to the Registry).

A request to designate a project must be sent to the Minister at ministre-minister@ec.gc.ca, with a copy also provided to IAAC at information@iaac-aeic.gc.ca. IAAC considers if the information is sufficient.

IAAC considers if the information is sufficient

Once IAAC has confirmed that the project is not described on the Project List and that no limitations under subsection 9(7) apply to the project, IAAC will take up to 10 calendar days, outside of the 90 days outlined in subsection 9(4) of the IAA, to consider whether sufficient information has been provided to commence the designation request process. If necessary, during this review, IAAC will contact the requester for additional information.

If the information is sufficient, the designation request process begins

Once IAAC determines that sufficient information has been provided to commence the designation request process, it will notify the requester of the determination and the deadline for the 90-day legislated time limit for the Minister’s or IAAC official’s response. IAAC will also notify the proponent of the designation request.

During the 90-day legislated time limit, the proponent can request a suspension of the time limit in accordance with subsection 9(5) of the IAA and the Information and Management of Time Limits Regulations for a specific activity related to the designation request (e.g., to provide IAAC with information). A request for a time limit suspension must be sent to IAAC at information@iaac-aeic.gc.ca.If the time limit is suspended, IAAC will post a notice on the Registry that sets out the reasons for the suspension.

IAAC prepares a recommendation

IAAC will prepare an analysis and recommendations to support the Minister’s or IAAC official’s response. To inform the recommendation, IAAC will consider whether the carrying out of the project may cause adverse federal effects.

In addition, if the project may cause adverse federal effects, the recommendation may consider the factors set out in subsection 9(2) of the IAA:

• public concerns related to such effects;
• the adverse impacts the project may cause on the rights of Indigenous peoples including Indigenous women—recognized and affirmed by section 35 of the Constitution Act, 1982 (section 35 rights);
• relevant regional or strategic assessments;
• whether a means other than an impact assessment exists that would enable a jurisdiction to address the adverse federal effects, where examples could include:
  • whether an assessment of environmental effects would be carried out by another jurisdiction;
  • whether other existing legislative or regulatory mechanisms provide a framework to address the adverse federal effects the project may cause; and
• any other factor that the Minister considers relevant, which may include:
  • the project or its expansion(s) is near a threshold set in the Project List;
  • standard design features and mitigation would address the anticipated adverse federal effects;
  • the project involves new technology or is a new type of activity that is not captured on the Project List;
  • whether the adverse federal effects the project may cause would be localized to previously developed lands;
    • the project contributes to existing cumulative effects within federal jurisdiction;
• the overall context of whether the project is of an exceptional nature.

To inform the recommendation, IAAC may seek information or further input from the following:

• the proponent
• federal departments and provinces
• other jurisdictions
• potentially affected Indigenous groups (depending on the project-specific circumstances)
• the requester
• any other person or entity

IAAC will not undertake a formal public comment period.

Designation request determination

Once the Minister or an IAAC official makes a determination, the Minister or an IAAC official will provide a response, including reasons for the determination, to the requester and will notify the proponent. The response will be posted on the Registry.

If the Minister or an IAAC official designates the project, an Order will be posted on the Registry. If designated, the project would be subject to the requirements of the IAA, including those related to the submission of an Initial Project Description by the proponent, and the prohibitions that apply to proponents and federal authorities.

IAAC will respond to the requester and notify other parties, as appropriate, in the circumstances where the response to the designation request has been delegated to IAAC.

Repeat requests

Where a project has already been the subject of a designation request and the Minister or an IAAC official has decided not to designate it, correspondence containing a new designation request for the same proposed project will be considered where the Minister or an IAAC official is not precluded from designating the project under subsection 9(7) and the correspondence demonstrates a new basis for consideration.

For example, a new basis for consideration may consist of important new information regarding adverse federal effects the project may cause, or a material change in circumstances, such as important project design changes.

Disclaimer

This document is for information purposes only. It is not intended to be binding on IAAC or the Minister. It is not a substitute for the IAA, its regulations, or the delegation instrument. In the event of an inconsistency between this document and the IAA or its regulations or the delegation instrument, the IAA or its regulations or the delegation instrument, as the case may be, would prevail.

Annexes

Annex 1: Necessary information for a designation request

To ensure that the designation request process can commence and proceed efficiently, necessary information in a written request includes:

• the requester’s contact details, including full name, address, email address, and telephone number;
• a statement clearly requesting the Minister to designate a project under subsection 9(1) of the IAA;
• a description of the project that is the subject of the request, including:
  • project name;
  • proponent name and address (or other contact information);
  • project location;
  • timeline for when the project is expected to commence construction and operations;
  • descriptive information about the project, including all project components and activities, to assist IAAC in assessing:
    1. whether it is a type of activity described on the Project List, and near any threshold set therein;
    2. whether the project is near or on federal lands or federally designated areas;
    3. whether the project involves new technology or a new type of activity not included in the Project List;
• a description of any potential review of the project by a provincial or territorial government: and
  • information as to whether the project is under regulatory review (i.e., any formal application is in process); or
  • information about when the submission for regulatory review is to occur;
• a description of any "adverse effect within federal jurisdiction" the project may cause as defined under the IAA. Adverse effects that fall within federal jurisdiction include a non-negligible adverse change on the following:
  • fish and fish habitat;
  • marine plants;
  • migratory birds;
  • the environment on federal lands;
  • transboundary waters, and to the marine environment that would occur outside Canada, that is caused by pollution;
  • Indigenous Peoples, resulting from any change to the environment on physical and cultural heritage, the current use of lands and resources for traditional purposes, or any structure, site or thing that is of historical, archaeological, paleontological, or architectural significance; and
  • the health, social, or economic conditions of Indigenous Peoples.
  Note: In the case of an activity or project that is carried out on federal lands or is a federal work or undertaking, effects include changes to the environment or to health, social and economic conditions.
• A description of the "direct or incidental adverse effects" the project may cause as defined in the IAA. Direct or incidental adverse effects means non-negligible adverse effects that are directly related or incidental to a federal authority that is either:
  • making a decision that would permit the carrying out, in whole or in part, of the project; or
  • providing financial assistance for the purpose of enabling the project to be carried out, in whole or in part.
  For example: an authorization by Fisheries and Oceans Canada under paragraphs 34.4(2)(b) and 35(2)(b) of the Fisheries Act may be required for works, undertakings or activities that would result in the death of fish or the harmful alteration, disruption, or destruction of fish habitat. The designation request could describe additional non-negligible adverse effects that could arise from this authorization.
• A description of how the project would cause the adverse federal effects (e.g., pathway of effects, such as "in-water works located in fish-bearing waterbodies could lead to adverse effects on fish and fish habitat");
• a description of the adverse impacts the project may cause on the section 35 rights of Indigenous Peoples;
• a description about how the requester became aware of the project (e.g., specify the newspaper article, public advertisement, public event, time and location of observation, etc.); and
• links to any relevant documentation, to the extent that this information is available.

IAAC acknowledges that, in certain circumstances, a project-specific context may not allow for the availability of all the information noted above.

For further information or guidance on the designation request process and how to submit a request, please contact IAAC by email at information@iaac-aeic.gc.ca