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Phase 2: Impact Statement

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
  • Consults with potentially affected Indigenous groups and the public to identify and address impacts on them
  • Engages the public and Indigenous groups to gather information and address concerns that may be raised, to the extent reasonable
  • Prepares the Impact Statement and submits it to the Agency
  • If required by the Agency or the Review Panel, provides additional information or revisions to the Impact Statement
  • Requests an extension of the timeline, if needed
Agency The Agency
  • 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
  • May facilitate engagement 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 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 engagement
  • Reviews the Impact Statement to determine whether the information provided meets the requirements of the Tailored Impact Statement Guidelines
  • Requests specialist or expert information or knowledge with respect to the designated project from expert federal departments
  • Requests and review missing information or revisions to the Impact Statement by the Proponent
  • Posts to the Registry the Impact Statement and the notice informing the public that the Impact Statement provides all the required information or studies
  • If required, extends the timeline for the Proponent to submit its Impact Statement
  • When a designated project requires an assessment by another jurisdiction, including provincial, territorial or Indigenous, the Minister may enter into an agreement or arrangement with the other jurisdiction for the conduct of the impact assessment. In this case, the Agency, in consultation with the relevant jurisdiction, develops a draft Footnote Joint Review Panel Agreement on behalf of the Minister. The Agency will typically engage and invite comments on the document
  • Develops the Review Panel's draft Terms of Reference 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
Public Public
  • Participates in engagement activities
  • Applies for funding opportunities
  • May provide community knowledge
  • May review the Proponent's Impact Statement to ensure all information and studies outlined in the Guideline are included
Indigenous Groups Indigenous Groups
  • Participate in engagement and consultation activities
  • Apply for funding opportunities
  • Engage with Proponents to identify, co-develop, or collect 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, etc.
  • May lead their own studies or compile their own information
  • May provide Indigenous knowledge
  • Review the Proponent's Impact Statement to ensure all information and studies outlined in the Guideline are included
Expert Federal Departments Expert Federal Departments
  • Participate in Indigenous consultation activities
  • May participate in public engagement activities
  • Provide expert information or knowledge
  • Review the Proponent's Impact Statement to ensure all information and studies outlined in the Guideline are included and determines whether they have the information necessary to conduct their analysis
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
  • Reviews the Proponent's Impact Statement to ensure all information and studies outlined in the Guideline are included and determines whether they have the information necessary to conduct their analysis

Step by Step

  1. The Proponent collects information and conducts studies, as described in the Footnote Tailored Impact Statement Guidelines.
  2. The Proponent continues to engage Indigenous groups and the public to inform its Impact Statement.
  3. The Agency continues to engage in order to prepare Indigenous groups and the public 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 the Agency. The Agency must be satisfied that the proponent has provided the required information or studies outlined in Tailored Impact Statement Guidelines within three years from the date the Footnote Notice of Commencement is posted on the Agency's Registry Internet Site (the Registry). Upon request from the Proponent, the Agency may extend the timeline.
  5. The Agency reviews the Proponent's Impact Statement to determine if it conforms to the Tailored Impact Statement Guidelines.
  6. The Agency invites comments on the Impact Statement and engages with federal authorities, lifecycle regulators, Indigenous groups, other jurisdictions and members of the public to ensure all information and studies outlined in the Guidelines are included in the Proponent's Impact Statement.
  7. If the Impact Statement does not conform to the Tailored Impact Statement Guidelines, the Agency requires the Proponent to provide the missing information or revisions.
  8. When the Agency is satisfied that the Impact Statement contains all of the information and studies outlined in the Guidelines, a notice informing the public that the Impact Statement contains all the required information and studies is posted on the Registry.

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

  1. The Agency develops Review Panel's draft Footnote Terms of Reference.
  2. The Minister establishes the Review Panel's Terms of Reference. The Agency 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 the Agency 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, the Agency 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 the Agency and the lifecycle regulator.
  3. The Agency sets a time limit for the Review Panel to submit its report to the Minister. The Agency also sets a time limit for it to post recommendations for the Minister with respect to conditions that would be included in a decision statement. The combined time limit for the Review Panel to complete its assessment and for the Agency 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, the Agency could set the review to a maximum of 600 days.
  4. When the Agency is satisfied that the Impact Statement contains all of the information and studies outlined in the Guidelines, a notice informing the public that the Impact Statement contains all the required information and studies is posted on the Registry. The time limit established by the Agency 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 and the measures proposed to mitigate those effects. The Impact Statement must be submitted to the Agency within three years from the date the Notice of Commencement is posted on the Registry.

2. Can the timeline for submitting the Impact Statement be extended? By whom and by how long?

If requested by the Proponent, the Agency may extend the three-year timeline by any length of time that is necessary for the Proponent to satisfy the Agency 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, the Agency may require the Proponent to provide it with additional information or studies that the Agency 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 that conforms with the Guidelines within the timeline, the impact assessment is terminated. A notice informing 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.

This review allows the Agency to determine if the Proponent has provided the information and studies required by the Tailored Impact Statement Guidelines that is necessary for it to complete the impact assessment.

Once the Agency 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.

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

If the Agency is not satisfied that the required information or studies outlined in the Tailored Impact Statement Guidelines have been provided within the timeline, the impact assessment is terminated. A notice informing 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. How does the Agency determine that the Proponent's Impact Statement includes the information and studies required in the Tailored Impact Statement Guidelines?

The Agency 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. In making this determination, the Agency consults federal authorities, Lifecycle Regulators, other jurisdictions, Indigenous groups and the public or other participants as required.

This review allows the Agency to determine if the Proponent has provided the information and studies required by the Tailored Impact Statement Guidelines that is necessary for it to complete the impact assessment.

Once the Agency 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?

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.

The Minister must consider the following factors:

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

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