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Phase 2: Impact Statement

On June 20, 2024, the Budget Implementation Act, 2024, received Royal Assent and brought into force amendments to the Impact Assessment Act (IAA). These changes were made in response to the Supreme Court of Canada's decision on the constitutionality of the IAA. Over the coming weeks and months, this website along with procedures, policy and guidance documents will be updated to reflect these legislative changes, as required. In the meantime, note that all timelines referenced reflect the statutory maximums, while IAAC is committed to completing assessments within three years.

Phase 2: Impact Statement

Roles and Responsibilities

The Proponent
  • Collects information and conducts studies, as required in the Tailored Impact Statement Guidelines
  • Undertakes analysis of the potential impacts of the designated project
  • Considers Indigenous Knowledge, scientific information, community knowledge and other evidence
  • Engages with potentially affected Indigenous groups and the public to identify and address impacts on them
  • Prepares the Impact Statement and submits it to the Impact Assessment Agency of Canada (IAAC)
  • If required by IAAC or the Review Panel, provides additional information or revisions to the Impact Statement
  • Requests an extension of the timeline, if needed
The Impact Assessment Agency of Canada The Impact Assessment Agency of Canada (IAAC)
  • Makes itself available to liaise with the Proponent, Indigenous groups, expert federal departments, the public and provincial, territorial, and Indigenous jurisdictions to support the Proponent as it develops its Impact Statement
  • Continues to consult and engage Indigenous groups and the public on the impact assessment process as outlined in the Public Participation Plan and Indigenous Engagement and Partnership Plan
  • Provides funding to support consultation and engagement
  • Posts the Proponent’s Impact Statement and Impact Statement Summary on the Canadian Impact Assessment Registry (the Registry) and invites comments on the Impact Statement Summary
  • Coordinates a technical review of the Impact Statement and requests specialist or expert information or Indigenous Knowledge with respect to the designated project from federal departments and other sources, when required
  • Reviews the Impact Statement and determines whether the information or studies provided meet the requirements of the Tailored Impact Statement Guidelines
  • Requests and reviews missing information or revisions to the Impact Statement from the Proponent
  • Posts to the Registry and the notice informing Indigenous groups and the public that the Proponent has provided the required information or studies
  • If required, extends the timeline for the Proponent to submit the information or studies required through its Impact Statement
  • When a designated project requires an assessment by another jurisdiction, including provincial, territorial or Indigenous, the Minister of Environment and Climate Change (the Minister) may enter into an agreement or arrangement with the other jurisdiction for the conduct of the impact assessment.
  • Develops the Review Panel's draft Terms of Reference, when applicable, and accepts comments on the draft Terms of Reference
  • Develops the Joint Review Panel Agreement, when applicable, and accepts comments on the draft Joint Review Panel Agreement
Indigenous Groups Indigenous Groups
  • Participate in engagement and consultation activities
  • Apply for funding opportunities
  • Engage with Proponents to identify, co-develop, or provide any relevant information, including by scoping and/or undertaking baseline studies
  • Undertake internal activities within their community to consider the project, including, assessments under Indigenous laws, community engagement and training, etc.
  • May lead their own studies, compile their own information or establish joint methodology
  • May provide Indigenous Knowledge
  • Provide feedback on the Impact Statement Summary
  • May review and provide comments on other documentation (e.g. the full Impact Statement) made available on the Registry
Public Public
  • Participates in engagement activities
  • Applies for funding opportunities
  • May provide community knowledge
  • Provides feedback on the Impact Statement Summary
  • May review other documentation (e.g. the full Impact Statement) made available on the Registry
Expert Federal Departments Expert Federal Departments
  • Participate in Indigenous consultation activities
  • May participate in public engagement activities
  • Provide expert information or knowledge
  • Conduct technical reviews of the information provided in the Proponent's Impact Statement that is relevant to their mandates. This includes examining the information, analysis and results, including consideration of whether required information and studies outlined in the Guidelines are included
Lifecycle Regulator (when a designated project is regulated by a Lifecycle Regulator)
  • Participates in Indigenous consultation activities
  • Participates in public engagement activities
  • Provides expert information or knowledge
  • Conducts a technical review of the information provided in the Proponent's Impact Statement that is relevant to its mandate. This includes examining the information, analysis and results, including consideration of whether required information and studies outlined in the Guidelines are included

Overview of Key Steps

  1. The Impact Statement phase starts when the Notice of Commencement is posted to the Canadian Impact Assessment Registry (the Registry).
  2. The Proponent collects information and conducts studies, as described in the Footnote Tailored Impact Statement Guidelines, and engages with IAAC to clarify information requirements, as needed.
  3. IAAC continues to engage Indigenous groups and the public to prepare them for the impact assessment phase.
  4. The Proponent develops an Footnote Impact Statement containing the information and studies outlined in the Tailored Impact Statement Guidelines and submits it to IAAC.
  5. IAAC reviews the Proponent's Impact Statement, invites comments on the Impact Statement Summary, and engages with Indigenous groups, other jurisdictions and members of the public. IAAC also coordinates a technical review of the Impact Statement and requests expert advice from federal authorities and lifecycle regulators, where applicable. Comments and advice received are posted to the Registry, with some exceptions related to privacy, security or confidentiality.
  6. IAAC determines if the Impact Statement satisfies the requirements set out in the Tailored Impact Statement Guidelines. This determination is informed by the input and comments provided by Indigenous groups, federal authorities, the public, and others.
  7. If IAAC determines that the Impact Statement does not satisfy the requirements of the Tailored Impact Statement Guidelines, IAAC asks the Proponent to provide the missing information or revisions.
  8. IAAC issues a notice on the Registry when it determines that the Proponent has provided all of the required information and studies outlined in the Guidelines. The posting of this notice marks the end of the Impact Statement phase.
  9. IAAC must be satisfied that the Proponent has provided all of the required information and studies outlined in the Guidelines, within three-years from the date the Notice of Commencement is posted on the Registry. Upon request from the Proponent, IAAC may extend the timeline.

Impact Assessment by Review Panel or Integrated Review Panel, in addition to the steps outlined above for Impact Assessments by IAAC:

  1. IAAC develops Review Panel's draft Footnote Terms of Reference.
  2. IAAC appoints the members of the Review Panel. The Panel may be appointed from a Footnote roster of individuals qualified to undertake the impact assessment. The Review Panel is supported by a secretariat comprising staff from IAAC and other jurisdictions as appropriate.
    • Note that the establishment of the Terms of Reference and the appointment of members must occur no later than 45 days from the posting of the Notice of Determination that the Impact Statement contains all the required information and studies.
    • In the case of Integrated Review Panels, IAAC would also appoint members to the Review Panel from the Minister's Roster for the lifecycle regulator. The Integrated Review Panel would be supported by a secretariat comprised of staff from IAAC and the lifecycle regulator.
  3. IAAC sets a time limit for the Review Panel to submit its report to the Minister of Environment and Climate Change (the Minister). IAAC also sets a time limit for it to post recommendations for the Minister with respect to mitigation measures and follow-up programs to be included as conditions in a decision statement. The combined time limit for the Review Panel to complete its assessment and for IAAC to post its recommendation after receipt of the Panel's report must not exceed 600 days.
    • Integrated Review Panels have a timeline of 300 days. For more complex projects, IAAC could set the review to a maximum of 600 days.
  4. When IAAC is satisfied that the Impact Statement contains all of the information and studies outlined in the Guidelines, a notice informing Indigenous groups and the public that the Impact Statement contains all the required information and studies is posted on the Registry. The time limit established by IAAC begins from this point.

FAQ

1. What is an Impact Statement?

An Impact Statement is a detailed technical document prepared by the Proponent as per the requirements set out in the Tailored Impact Statement Guidelines. The purpose of the Impact Statement is to identify and assess impacts of the project, the measures proposed to mitigate those effects, and any follow-up programs. IAAC must be satisfied that the Proponent has provided the required information or studies outlined in the Tailored Impact Statement Guidelines within three years from the date the Notice of Commencement is posted on the Registry, or within any extension to the timeline provided by IAAC.

2. Can the timeline for submitting the required information or studies be extended? By whom and by how long?

If requested by the Proponent, IAAC may extend the three-year timeline by any length of time that is necessary for the Proponent to satisfy IAAC that the required information or studies outlined in the Tailored Impact Statement Guidelines have been provided. In the case that an extension of the time limit has been provided to the Proponent, IAAC may require the Proponent to provide it with additional information or studies that IAAC considers necessary for the conduct of the impact assessment.

3. What if the Proponent does not submit the Impact Statement?

If the Proponent does not submit an Impact Statement with the information or studies outlined in the Tailored Impact Statement Guidelines within the established timeline, the impact assessment is terminated. A notice informing Indigenous groups and the public that the impact assessment is terminated is posted on the Registry. In this case, the project cannot proceed. If the Proponent wants to continue with the project, it must begin the process again starting with the planning phase.

4. What if IAAC is not satisfied that the Proponent has provided the required information or studies in the Impact Statement?

If IAAC is not satisfied that the required information or studies outlined in the Tailored Impact Statement Guidelines have been provided will require the Proponent to provide the missing information or studies. If the Proponent does not provide all the required information or studies within the established timeline, the impact assessment is terminated. A notice informing Indigenous groups and the public that the impact assessment is terminated is posted on the Registry. In this case, the project cannot proceed. If the Proponent wants to continue with the project, it must begin the process again with the planning phase.

5. What is assessed in the review of the Impact Statement?

IAAC reviews the Impact Statement submitted by the Proponent to determine if it contains the required information and studies outlined in the Tailored Impact Statement Guidelines, including whether the information and studies are scientifically and technically defensible and complete. In making this determination, IAAC may be informed by input from Indigenous groups, federal authorities, Lifecycle Regulators, other jurisdictions, the public or other participants as required.

IAAC's review and input from others allow IAAC to determine if the Proponent has provided the information and studies required by the Tailored Impact Statement Guidelines that are necessary for it to complete the impact assessment.

Once IAAC is satisfied that the Proponent has provided it with all of the information or studies, a notice of that determination is posted on the Registry.

6. What is a Review Panel?

A Review Panel is a group of independent experts appointed by the Minister to conduct an impact assessment. The members are selected on the basis of their knowledge, knowledge of Indigenous issues, experience and expertise, and must be free from bias or conflict of interest relative to the project. The Review Panel is responsible for conducting the impact assessment, which includes collecting information, holding a public hearing and preparing the Impact Assessment Report.

7. What does the Minister consider when determining if it is in the public interest for the impact assessment to be conducted by a Review Panel?

The Minister must consider the following factors:

  • the potential for adverse effects in federal jurisdiction;
  • opportunities for cooperation with provincial, territorial, and Indigenous jurisdictions;
  • potential adverse impacts on the rights of Indigenous peoples; and
  • public concerns related to the effects of the project.

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