Coordination of Federal Authorizations through the Impact Assessment Process

Context

Designated projects undergoing federal assessment under the Impact Assessment Act (IAA) may also be subject to other federal authorization regimes, including those under:

• Fisheries Act (including Metal and Diamond Mining Effluent Regulations);
• Species at Risk Act;
• Canadian Navigable Waters Act;
• Explosives Act; and
• Canadian Environmental Protection Act, 1999 (including Disposal at Sea Regulations).

The regulatory processes of these regimes are distinct from the impact assessment process, and authorizations can only be issued after a project is allowed to proceed under the IAA. However, the information, studies, and public and Crown-Indigenous consultation requirements for separate regulatory processes may be completed concurrently with those required for the impact assessment. In some cases, the same information and studies may be used to inform both the proponent’s Impact Statement and other applicable federal regulatory processes, though subsequent federal authorization processes often require more detailed and specific information than that required for the Impact Statement (e.g. additional details on project design or activities, such as detailed drawings for river crossings or detailed habitat offset plans, etc.).

For each designated project, the IAA requires the Impact Assessment Agency of Canada (IAAC) to develop a permitting plan that outlines the permits, licences and authorizations that may be required by the proponent for the project. Based on the information provided by the proponent, IAAC develops the permitting plan in cooperation with federal regulators, including lifecycle regulators and, in some cases, other jurisdictions. IAAC may revise the permitting plan during the impact assessment process, based on new information from the proponent, regulators, or other jurisdictions.

Coordinating authorization processes during a federal impact assessment

Each proponent is required to include in its Impact Statement the information and studies outlined in the Tailored Impact Statement Guidelines. Although not a requirement of the IAA, the proponent may choose to work concurrently on complementary federal regulatory processes, as established by the responsible federal department, while the project is undergoing the impact assessment. Collecting this additional information during the assessment process can expedite subsequent federal authorizations, should the project be allowed to proceed under the IAA. IAAC will liaise with federal authorities to coordinate complementary authorization processes. For integrated assessments by review panel with lifecycle regulators, the proponent is required to include the applicable lifecycle regulatory permitting information in its Impact Statement. For assessments being coordinated with another jurisdiction, IAAC will work with the other jurisdiction to identify applicable regulatory authorizations and opportunities to enhance regulatory efficiencies.

Additionally, the Government is required to consult with Indigenous Peoples and undertake public engagement on many federal regulatory decisions. Proponents can speed up the overall regulatory timelines by establishing good relationships with Indigenous and local communities, and undertaking early and meaningful engagement with these communities, before and during the IA process.

Should a proponent wish to work concurrently on complementary processes for federal authorizations, it should convey this information to IAAC before submitting its Initial Project Description.