A proposed new impact assessment system
What we are doing
The Government of Canada is bringing forward better rules for major projects to protect our environment, fish and waterways, and rebuild public trust in how decisions about resource development projects are made.
One of the key proposed changes is provide greater clarity and consistency by establishing the Impact Assessment Agency of Canada (currently the Canadian Environmental Assessment Agency) to lead all federal reviews of major projects, working with other bodies like the new Canadian Energy Regulator (currently the National Energy Board), the Canadian Nuclear Safety Commission and Offshore Boards, and in cooperation with provinces and territories and Indigenous jurisdictions.
These better rules reflect values that are important to Canadians — including early, inclusive and meaningful public engagement; nation-to-nation, Inuit-Crown, and government-to-government partnerships with Indigenous peoples; timely decisions based on the best available science and Indigenous traditional knowledge; and sustainability for present and future generations.
Why we did this
The government promised to review environmental and regulatory processes to address concerns about previous reforms. The government put in place interim principles for project reviews in January 2016, then launched a comprehensive process in June 2016 to review existing laws and seek Canadians’ input on how to improve our environmental and regulatory system.
Improvements needed to the current system:
- More transparency and certainty that decisions will be based on robust science, evidence and Indigenous traditional knowledge;
- More and earlier opportunities for meaningful participation by Indigenous peoples and the Canadian public;
- More Indigenous leadership opportunities and partnership in project review;
- Impact assessment would look at all of a project’s impacts to foster sustainability, rather than only considering environmental factors;
- More coordination with provinces to support one project one assessment and avoid duplication; and
- More predictable and consistent timelines.
Infographic: Current system and proposed new system comparison
Click on image to enlarge
The proposed new system
A more efficient and predictable process. More timely decision-making.
Diagram: The proposed new system at a glance
Key features of the proposed new system
- Proactive strategic and regional assessments would evaluate big-picture issues (e.g. climate change, biodiversity, species at risk), the cumulative effects of development and provide context for impact assessments.
- An early planning and engagement phase for all projects would build trust, increase efficiency, improve project design, and give companies certainty about the next steps in the review process.
- Indigenous engagement and partnership throughout the process.
- Increased public participation opportunities.
- Legislated timelines to provide clarity and regulatory certainty.
- The legislated timeline for Agency led impact assessments would be reduced from 365 to a maximum of 300 days, and Panel reviews from 720 days (24 months) to a maximum of 600 days (20 months) due to efficiencies created through early planning and engagement. A more timely process would lead to more timely decisions.
- Strengthened monitoring, follow-up, and enforcement:
- Life-cycle regulators and permitting departments would work collaboratively with communities and Indigenous peoples to enhance monitoring, follow-up, and compliance.
Multi-Interest Advisory Committee
The Minister of Environment and Climate Change established the Multi-Interest Advisory Committee in August of 2016 to provide advice to her and to the Expert Panel established to review federal environmental assessment processes. In March 2018, the Minister extended the Committee’s mandate to continue to provide advice on the development of key regulatory and policy issues until the coming into force of the proposed Act.
The proposed new Impact Assessment Act is currently undergoing review by Parliament.
Until the proposed legislation comes into effect, existing laws and interim principles for project reviews will continue to apply to projects under review.
Infographic: How laws and regulations are created
Click on image to enlarge
The government sought public comments from February 8 to June 1, 2018 to help inform the approach to developing two regulations to support the government’s proposed new Impact Assessment Act. Another consultation will take place in the fall on the regulatory proposals.
- Consultation Paper on Approach to revising the Project List HTML l PDF
- Consultation Paper on Information Requirements and Time Management Regulations HTML l PDF
- An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
- News release: Government proposes better rules for a clean environment and strong economy
- Handbook: Better rules for major project reviews
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