Phase 3: Impact Assessment
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.

Roles and Responsibilities
The Proponent
- Provides clarifications to the Impact Assessment Agency of Canada (IAAC) or Review Panel as required
- Participates in consultations with Indigenous groups
- Participates in public engagement sessions
- Participates in the public hearing, where the assessment has been referred to a review panel
- Provides comments on potential conditions
The Impact Assessment Agency of Canada (IAAC)
- Leads consultation with Indigenous peoples and implements the Indigenous Engagement and Partnership Plan
- Leads public engagement and implements the Public Participation Plan
- Administers the Participant Funding Program
- Collaborates, engages and consults with federal authorities and provincial, territorial, or Indigenous jurisdictions
- May engage the Proponent to seek clarifications or ask questions
- May initiate an External Technical Review, if required
- Ensures that any portion of the assessment delegated to a provincial, territorial, or Indigenous jurisdiction adheres to IAAC's process and quality requirements
- Considers information and evidence received and continues its analysis to prepare the draft Impact Assessment Report
- Works with Knowledge holders to understand and apply Indigenous Knowledge as part of the analysis, when provided
- Prepares the draft Impact Assessment Report
- Prepares draft potential conditions
- Prepares draft Consultation Report
- May co-develop with Indigenous groups sections of the draft Impact Assessment Report, draft potential conditions and/or draft Consultation Report relevant to the groups
- Revises draft documents, as necessary, taking into consideration engagement, consultation and public comments
- Submits the Impact Assessment Report and Consultation Report to the Minister of Environment and Climate Change (the Minister)
- Recommends to the Minister the potential conditions that may form part of the Decision Statement
- Posts documents to the Canadian Impact Assessment Registry (the Registry)
In the case of a Review Panel or Integrated Review Panel:
- Establishes the Review Panel and provides it with its Terms of Reference
- Leads consultation with Indigenous peoples
- Engages on draft documents prior to the establishment of the Review Panel and following the submission of the Review Panel's Report
- Assigns a secretariat to work separately from the Government to support the Review Panel
- Administers the Participant Funding Program
- Develops and engages on potential conditions based on the recommendations in the Review Panel’s Impact Assessment Report
- Prepares and consults Indigenous groups on the Crown Consultation Report
- Posts documents to the Registry
Review Panel or Integrated Review Panel
- Conducts the impact assessment, including assessing the information, analysis and results in the Impact Statement
- Considers the evidence provided by Indigenous groups, federal authorities and provincial, territorial, or Indigenous jurisdictions and the public
- Engages Indigenous groups and the public
- Initiates an External Technical Review, if required
- Holds public hearings
- Prepares the Impact Assessment Report
- Recommends potential mitigation measures and follow-up programs to be considered for inclusion as conditions that would form part of the Decision Statement
- Submits Impact Assessment Report to the Minister
- Ensures information is posted on the Registry
Indigenous Groups
- May contribute Indigenous Knowledge
- Provide input into the assessment process, collaborate, or conduct aspects of the impact assessment
- Review and provide comments on draft documents
- Participate in engagement and consultation activities
- Participate in public hearings
- May co-develop sections of the draft Impact Assessment Report, potential conditions and/or draft Consultation Report relevant to the groups
Public
- Reviews and provides comments on draft documents
- Participates in engagement activities
- Participates in public hearings
- May contribute community knowledge
Expert Federal Departments
- Participate in and support Crown consultation with Indigenous groups
- Participate in public engagement activities, when required
- Participate in public hearings, when required
- Provide analysis and conclusions to a Review Panel or Integrated Review Panel relevant to their respective mandates
- Continue to provide expert advice as requested by IAAC or the Review Panel or Integrated Review Panel, including to support the analysis of the project’s effects and development of the Impact Assessment Report and potential mitigation measures and follow-up programs and potential conditions.
Other Jurisdictions (Provincial, Territorial or Indigenous)
- Collaborate with IAAC or Review Panel to conduct a harmonized or joint process, where possible
- Participate in Indigenous and public engagement
- Participate in public hearings
- Provide input and advice into the assessment process
Lifecycle Regulator (in the case of integrated Review Panels)
- Participates in consultations with Indigenous peoples
- Collaborates with IAAC in public engagement activities
- Assigns staff to a secretariat to work separately from the Government to support the Integrated Review Panel
- Participates in public hearings and provides technical advice to the Integrated Review Panel
- Collaborates on the development of potential conditions
Overview of Key Steps
Impact Assessment by IAAC
- The Impact Assessment phase begins once IAAC posts the Notice of Determination on its Footnote Canadian Impact Assessment Registry (the Registry) that it is satisfied that the Proponent has provided all of the required information and studies outlined in the Tailored Impact Statement Guidelines. The time limit for the Impact Assessment phase is up to 300 days for an impact assessment by IAAC.
When a designated project requires an impact assessment by another jurisdiction, including provincial, territorial or Indigenous jurisdictions, IAAC offers to consult and cooperate with the other jurisdiction(s) for the conduct of the impact assessment and implements the Impact Assessment Cooperation Plan developed in the planning phase.
- IAAC continues its analysis by taking into consideration the information gathered during the Impact Statement phase (e.g. the Proponent’s Impact Statement and the comments and input received, from Indigenous groups, federal authorities, other jurisdictions, the public, and other participants). IAAC may engage the Proponent to seek clarifications, resolve issues or to ask questions on the Impact Statement.
- IAAC continues to consult Indigenous groups and implement the Indigenous Engagement and Partnership Plan developed in the planning phase.
- IAAC continues to engage the public and implement the Public Engagement Plan developed in the planning phase.
- IAAC may hold public meetings or open houses to promote the participation of Indigenous groups, stakeholders and the public in the impact assessment process. These events are also opportunities to ask questions of the Proponent, IAAC and federal expert departments.
- Federal authorities continue to provide expert advice to IAAC to support the analysis of the project’s effects and development of the draft Impact Assessment Report and draft potential conditions.
- If required, IAAC can initiate an Footnote External Technical Review. IAAC would select independent experts and develop questions to pose to scientific experts. The independent experts would produce a report that would be considered by IAAC when developing the Impact Assessment Report. IAAC would review any comments received from the Proponent, stakeholders and Indigenous groups on the report so that they would be considered in the development of the Impact Assessment Report.
- IAAC develops the draft Footnote Impact Assessment Report. In preparing its analysis, IAAC considers the information and evidence provided by the Proponent, Indigenous groups, expert federal departments, the public, and other jurisdictions, including provincial, territorial and Indigenous.
- IAAC prepares draft potential Footnote conditions.
- IAAC develops a Footnote Consultation Report and consults Indigenous groups on the document.
- IAAC may co-develop or collaborate on some sections of the Impact Assessment Report, draft potential conditions and Consultation Report with Indigenous groups.
- IAAC seeks views on the draft Impact Assessment Report and draft potential conditions.
- IAAC considers the comments received in order to finalize the Impact Assessment Report and potential conditions.
- IAAC provides the Impact Assessment Report, Consultation Report and recommended potential conditions to the Minister of Environment and Climate Change (the Minister).
Substituted Impact Assessment
- If the Impact Assessment is a Footnote Full SubstitutionorFootnote Partial Substitution to a provincial, territorial, or Indigenous jurisdiction in the planning phase, the assessment would be conducted entirely or in part by that jurisdiction.
- IAAC and expert federal departments participate in the process (e.g. participation in a technical working group, provision of advice, etc.) during both fully and partially substituted assessment.
- IAAC develops draft potential conditions for the Federal Decision Statement. Indigenous groups and the public have an opportunity to comment on these draft conditions.
- The Impact Assessment Report produced by the other jurisdiction and the recommended potential conditions are provided to the Minister.
Impact Assessment by Review Panel or Integrated Review Panel
- 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, IAAC, in consultation with the relevant jurisdiction, develops and engages on the Footnote Joint Review Panel Agreement. IAAC engages and invites comments on the document.
- The Review Panel or Integrated Review Panel will conduct its analysis on the information and studies provided in the Proponent's Impact Statement.
- For both Review Panels and Footnote Integrated Review Panels, IAAC leads Crown consultation with Indigenous groups and implements the Indigenous Engagement and Partnership Plan developed in the planning phase. This may include direct consultation by IAAC with Indigenous groups, in addition to participation by Indigenous groups in the Review Panel process.
- In the case of Integrated Review Panels, the lifecycle regulator will participate in consultations with Indigenous groups.
- The Review Panel or Integrated Review Panel may engage with the Proponent, Indigenous groups, expert federal departments, the public, and other jurisdictions, including provinces, territories and Indigenous, on the Impact Statement, in accordance with its Terms of Reference.
- If requested by the Review Panel or Integrated Review Panel, federal authorities provide their expert advice. This advice is posted to the Registry.
- The Review Panel or Integrated Review Panel holds a Footnote public hearing when the panel determines that it has sufficient information.
- The need may arise for the Review Panel or Integrated Review Panel to retain the services of independent, non-government experts to provide advice or support in delivering on its mandate, where that expertise is not available from expert federal departments or other government agencies. All requested information provided by independent, non-governmental experts will be posted on the Registry.
- If required, the Review Panel or Integrated Review Panel can initiate an External Technical Review. The Review Panel or Integrated Review Panel would select independent experts and develop questions to be posed to scientific experts. The independent experts would produce a report that would be considered by the Review Panel or Integrated Review Panel when developing the Impact Assessment Report.
- Upon completion of the public hearing and the close of the record, the Review Panel or Integrated Review Panel prepares and submits to the Minister the Footnote Impact Assessment Report that contains the Review Panel's rationale, conclusions and recommendations, including recommendations for conditions.
- In the case of Integrated Review Panels, the report will include recommendations on potential conditions and will address the requirements of both the Impact Assessment Act and the relevant provisions of the legislation of the lifecycle regulator.
- IAAC prepares draft potential conditions based on the Panel's recommendation. IAAC engages and invites comments on the draft potential conditions.
- IAAC prepares a Consultation Report that documents the outcomes of the Crown consultation process. IAAC will consult Indigenous groups on the relevant sections of the draft Report.
- IAAC submits the Consultation Report and potential conditions to the Minister.
FAQ
1. What does an Impact Assessment consider?
Whether conducted by IAAC or Review Panel, impact assessments must take into account factors set out in the Impact Assessment Act. The Tailored Impact Statement Guidelines developed for each impact assessment set out the scope of these factors that is to be considered, including the extent of their relevance to the impact assessment. The interactions and effects of the relevant factors are described in an Impact Assessment Report. The factors to be considered include:
- Changes, both negative and positive, to the environment, health, social or economic conditions as well as the effects of malfunctions and accidents, cumulative effects and interactions between effects in federal jurisdiction.
- Mitigation measures that are technical and economically feasible
- The requirements of the follow-up program
- The impact that the project may have on any Indigenous group or the rights of the Indigenous peoples of Canada
- Purpose of and need for the project
- Alternative means of carrying out the project
- Alternatives to the designated project
- Indigenous Knowledge provided
- Considerations related to Indigenous cultures
- Any assessment of the effects of a designated project that is conducted by or on behalf of an Indigenous governing body
- Extent to which the project contributes to sustainability
- Extent to which the project affects the Government of Canada's ability to meet its environmental obligations and commitments related to climate change
- Any change to the designated project that may be caused by the environment
- Community knowledge
- Comments from another provincial, territorial or Indigenous jurisdiction
- Comments received from Indigenous groups and the public
- Any relevant regional or strategic assessment
- Any study or plan that is conducted or prepared by a jurisdiction that is in respect of a region related to the designated project
- The intersection of sex and gender with other identity factors
- Any other matter relevant to the impact assessment that IAAC requires to be taken into account
2. Can IAAC adjust the time limit for IAAC or Review Panel to provide the Impact Assessment Report to the Minister?
IAAC may establish a longer time limit to allow IAAC or Review Panel to cooperate with a provincial, territorial, or Indigenous jurisdiction or for project-specific circumstances. IAAC may also establish shorter time limit for any reason that it considers appropriate.
3. What is an Integrated Review Panel?
Impact assessments of projects involving lifecycle regulators, including the Canadian Energy Regulator, the Canadian Nuclear Safety Commission or offshore petroleum boards, would be conducted by Integrated Review Panels. The single, integrated assessment would be conducted through a panel review process and would fulfill, to the extent possible, the requirements of relevant Acts. Lifecycle regulators would participate in all stages of the impact assessment to provide expertise. IAAC would appoint panel members, with at least one panel member from the roster of the lifecycle regulator.
4. What is a Review Panel secretariat?
A Secretariat supports the conduct of an Impact Assessment by a Review Panel and comprises staff from IAAC. In the case of a Joint Review Panel, staff from any provincial, territorial, or Indigenous jurisdiction may also be part of the secretariat. In the case of an Integrated Review Panel, staff from the lifecycle regulator are part of the secretariat
The secretariat provides administrative, technical and procedural support to Review Panels, Joint Review Panels and Integrated Review Panels. The secretariat supports the Review Panel in conducting its review in an efficient and cost-effective manner. IAAC ensures that all other activities performed by IAAC staff while assigned to the secretariat are conducted in a way to avoid a conflict of interest with the Review Panel. The work of these staff is separated from the rest of the Government by an ethical wall. This means the secretariat staff work at the direction of the Review Panel and do not communicate with IAAC or any jurisdiction regarding the deliberations of the Review Panel.
5. How are Review Panel members selected?
Review Panel members must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project's anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment. The Review Panel chairperson is appointed by IAAC.
Potential members of a Review Panel may be selected from a roster of candidates established by the Minister or may be identified for the purpose of the specific project. IAAC identifies potential candidates and conducts interviews to identify relevant knowledge and expertise and any potential bias or conflict of interest. Once the membership of the Review Panel has been decided by IAAC, panel appointments are made public and notification is posted on the Registry.
In the case of Integrated Review Panels with lifecycle regulators, at least one panel member must be selected from the lifecycle regulator's roster on the recommendation of the lifecycle regulator. The panel members from the roster of the lifecycle regulator cannot form the majority of the Review Panel.
6. What types of hearing sessions can a Review Panel may hold?
Types of hearing sessions may include:
- Community hearing sessions: Encourages the full and open participation of people living in or adjacent to the project area and provides a more informal setting in which community members are able to make presentations to the Review Panel on any matters within the scope of the review and present community knowledge or Indigenous knowledge.
- General hearing sessions: Provides an opportunity for participants and the Proponent to make presentations to the Review Panel on both the technical and non-technical subjects that are within the scope of the review. They also provide the opportunity for participants to question the information submitted during the review process.
- Technical hearing sessions: Allows participants who possess specialized knowledge or expertise in a specific topic to present the results of their analysis of the potential environmental and other effects of the designated project to the Review Panel. They also allow for scrutiny of the designated projects by participants who have conducted a technical review of the project. This may include participants who have hired technical experts to assist them with their review.
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