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Phase 5: Post Decision

Phase 5: Post Decision

Roles and Responsibilities

The Minister The Minister
  • Issues decision statement containing detailed reasons and conditions
  • May amend decision statements
The Agency The Agency
  • Verifies compliance with Minister's Decision Statement
  • Establishes Environmental Monitoring Committees as required
  • Posts follow-up and monitoring documents to the Registry
  • Provides compliance awareness and uses enforcement tools to prevent non-compliance
  • Sets rules governing the practice and procedures for the review of orders
  • Posts information relating to compliance and enforcement to the Registry
The Proponent The Proponent
  • Implements mitigation measures and follow-up programs, taking into account advice from the Agency, federal authorities, environmental monitoring committees, Indigenous Groups, and other members of the public
  • Complies with Minister's Decision Statement and provisions under the Act
  • Corrects any non-compliance that is discovered on their own or by Agency enforcement officers
  • Submits relevant documents to the Agency for posting to the Registry
Federal Authorities Federal Authorities
  • May provide input and expertise through participation in the Environmental Monitoring Committees
  • Provide expert advice when amendments are made to the Decision Statement
Other Jurisdictions (Provincial, Territorial and Indigenous) Other Jurisdictions (Provincial, Territorial and Indigenous)
  • May participate in Monitoring Committees
Indigenous Groups Indigenous Groups
  • Participate in follow-up and monitoring activities
  • Participate in Environmental Monitoring Committees
  • May inform the Agency of potential non-compliance through voluntary reporting mechanisms
Public Public
  • Participates in follow-up and monitoring activities
  • Participates in Environmental Monitoring Committees
  • May inform the Agency of potential non-compliance through voluntary reporting mechanisms
Lifecycle Regulators
  • Verify compliance with certificates, licenses and permits
  • Prevent and correct any non-compliance

Step by Step

  1. The Minister issues the Footnote Decision Statement including detailed reasons related to the public interest determination, any enforceable Footnote conditions with which the Proponent must comply and the final description of the designated project. Conditions must include the implementation of Footnote mitigation measures, and the implementation of a Footnote follow-up program and where appropriate, an adaptive management plan may be established.
  2. The Proponent is responsible for developing and carrying out the follow-up and monitoring programs, but may also include the involvement of Federal Authorities, Indigenous groups and the public in relevant activities.
  3. The Agency, where circumstances warrant, may also establish Footnote Monitoring Committees that will help to provide additional confidence in the science and evidence used in the follow-up and monitoring programs.
  4. The Agency will track and report on the follow-up and monitoring programs and will post information relating to follow-up and monitoring activities to the Footnote Registry, including data, summaries and other relevant documents.
  5. The Agency is responsible for verifying compliance with the Minister's Decision Statement and undertakes compliance and enforcement measures to encourage compliance with the Decision Statement.
  6. In circumstances of Footnote non-compliance, Footnote enforcement officers and Footnote analysts will take the appropriate steps to work with the Proponent to ensure a return to compliance (the state of conformity with the Act and the Minister's Decision Statement).
  7. The Agency will establish a review process for non-compliance orders whereby orders are reviewed by the Agency if requested by the person or entity who received the order.
  8. The Agency will post the following information to the Agency's Registry Internet Site (the Registry), as appropriate:
    • information or any document(s) provided by a Proponent to comply with a condition set out in the decision statement;
    • any summary report that an enforcement officer or analyst may prepare in their designated role;
    • any notice(s) of non-compliance;
    • a written order issued by an enforcement officer or analyst; and
    • any decisions made by a review officer.
  9. The Minister may amend a Decision Statement. In this case, a notice of the intended amendment to the Decision Statement and an invitation for public comment will be posted on the Registry.
  10. Any comments received on intended amendments will be considered.
  11. The Minister issues an amended Decision Statement.
  12. The Agency will post the final amended Decision Statement and reasons for the amendment to the Registry.

In the case of Integrated Review Panels with lifecycle regulators:

  1. Lifecycle regulators verify compliance with the certificates, licences and permits and prevent or correct any non-compliance.

FAQ

1. What opportunities are there in follow-up and monitoring for Indigenous and public participation?

During the post-decision phase, Indigenous groups and the public can participate in follow-up and monitoring activities or in Monitoring Committees.

2. What are compliance measures and enforcement actions?

Compliance measures are actions taken by the Agency to promote awareness amongst Proponents, federal authorities, Indigenous groups, environmental groups and other members of the public as to the means of ensuring compliance with the Minister's Decision Statement and the Act. Such actions could include issuing guidance publications, providing training sessions and maintaining effective, on-going communication with the Proponent throughout the impact assessment process.

Enforcement actions are actions taken by enforcement officers when there is reason to believe that the Act has been contravened. Actions include warnings (oral and written), orders, injunctions, prosecution, and penalties. Any enforcement action taken against a person or entity will be posted to the Registry.

3. How are orders reviewed?

After receiving an order, the person or entity to whom it has been given has 30 days to submit a written request to the President of the Agency to have that order reviewed. The 30-day period may be extended by the President if it is thought that it would be in the public interest to do so. Once a request has been approved, a specifically designated individual at the Agency (a 'review officer') will review the order and will take one or more of the following decisions: cancel or confirm the order, amend or suspend a condition of the order, add a condition to it or delete a condition from it, or extend the order's duration. Once the review officer has made a decision, a copy of that decision will be given to the person or entity to whom the order applies, as well as the President of the Agency. This decision will be made available to the public.

It is important to note that orders undergoing review remain in effect.

4. What are the penalties of non-compliance?

Penalties under the Act have been updated to align with amounts found in other environmental legislation, which also allows for distinctions to be made for penalties against individuals and those against corporations. For individuals, a first offence can face $5,000 to $300,000 in penalties, with a second offence penalty ranging from $10,000 to $600,000. For small revenue corporations and entities, a first offence can be subject to a penalty ranging from $25,000 to $2,000,000, while a second offence could range from $50,000 to $4,000,000. Finally, other corporations or entities face penalties for a first offence ranging from $100,000 to $4,000,000 and a second offence ranging from $200,000 to $8,000,000 in penalties.

5. What changes can be made to a Decision Statement?

The Minister may add or remove a condition, amend a condition or modify the designated project's description.

A change cannot increase the extent of the adverse effects. The determination of public interest cannot be changed.

6. Can conditions associated with integrated reviews be amended?

In the case of an Integrated Review Panel with the Canadian Nuclear Safety Commission, the Minister cannot amend or remove any conditions that have been designated to be part of the licence issued under the Nuclear Safety and Control Act.

For other lifecycle regulators, the Minister must offer to consult with the lifecycle regulator prior to amending conditions.

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