Guide on the proposed new system
- Step 1: Early Planning
- Step 2: Impact Statement
- Step 3: Impact Assessment
- Step 4: Decision-making
- Step 5: Follow-up, Monitoring and Enforcement
STEP 1: Early planning
A new early planning step would be established where potential impacts are discussed with the public and with Indigenous peoples at the very outset of the initiative. This would lead to better project design and greater clarity and predictability for project proponents by identifying what is expected of them from the beginning. The early planning step would also allow for enhanced opportunities for cooperation and harmonization with other jurisdictions.
Key Elements:
- This step would begin when the proponent submits an initial description of a proposed project.
- The Impact Assessment Agency of Canada (the Agency) would determine if the project is a designated project subject to the Impact Assessment Act.
- During this step, the proponent would engage potentially affected communities and Indigenous groups early in the process to allow them the opportunity to meaningfully influence project design.
- In this step, the results of regional and strategic assessments would be used to identify potential impacts on the rights of Indigenous peoples, and to inform project assessments.
- The Agency would offer to consult other jurisdictions and any Indigenous groups that may be affected by the designated project.
- The Agency would work with other jurisdictions to plan a single assessment process that meets the requirements of the jurisdictions involved.
- The Agency would be required to provide Indigenous peoples and the public with an opportunity to participate in the early planning step.
- The Agency would provide feedback to the proponent based on the results of consultations. With this feedback, the proponent would develop a more detailed project description that would include updated information on the project description, details on how the proponent would address the issues that were raised and information about the potential effects of the project.
- At the end of the early planning step, the Agency would determine whether an impact assessment is required for a designated project.
- If an impact assessment is required, three documents would be issued to guide the impact assessment process:
- Impact Assessment Cooperation Plan (including Indigenous Engagement and Partnership Plan and Public Participation Plan)
- Tailored Impact Statement Guidelines
- Permitting Plan (if required)
- The early planning step would have a timeline of up to 180 days. The Minister would be able to extend this time limit by up to 90 days. The Governor in Council could further extend this time limit if required.
STEP 2: Impact Statement
The Impact Statement is a document prepared by the proponent that identifies the potential impacts of a designated project.
Key Elements:
- At the end of the early planning phase (Step 1), the Agency would issue Tailored Impact Statement Guidelines to the proponent, describing the necessary information and studies that must be included in the proponent’s Impact Statement.
- The proponent’s Impact Statement would take into account scientific information, evidence, community knowledge, and Indigenous traditional knowledge.
- The timing for completing an impact statement is up to the proponent, but it must be provided to the Agency within three years after the Tailored Impact Statement Guidelines are issued.
- The proponent prepares the Draft Impact Statement and submits it to the Agency.
- When the Agency determines that the proponent has provided all of the information and studies described in the Tailored Impact Statement Guidelines, the Agency would post a notice informing the public that the Impact Statement is complete as well as the proponent’s Impact Statement on the Agency’s website.
- It is expected that the Tailored Impact Statement Guidelines would allow the proponent to submit a complete Impact Statement that meets the Agency’s requirements. This would result in a more efficient and streamlined impact assessment, fewer additional information requests and a more timely decision.
STEP 3: Impact Assessment
Federal assessments would be expanded to holistic impact assessments with a focus on sustainability.
Key Elements:
- A single federal agency, the Impact Assessment Agency of Canada, would be responsible for leading impact assessments of all designated projects and coordinating engagement and consultation with Indigenous peoples.
- The impact assessment would consider a broader range of impacts, including environmental, social, economic, health, and gender.
- The impact assessment would also assess a broader range of potential impacts on Indigenous peoples, including impacts on Indigenous rights and culture.
- Impact Assessments would be based on rigorous science and evidence. It would be mandatory to consider and protect Indigenous traditional knowledge provided.
- All Canadians would be able to participate in impact assessments. The requirements for individuals to meet specific criteria to participate in assessments (i.e. the “standing test” or “interested party” requirements in the previous Act) would be removed. Participant funding would be enhanced in order to better support the involvement of Indigenous peoples and the public.
- Opportunities for participation by Indigenous peoples would be provided earlier and on an ongoing basis throughout the assessment process.
- For impact assessments led by the Agency, the Agency would be responsible for preparing the Impact Assessment Report. The legislated timeline for the Agency to conduct an impact assessment and provide the Minister with the Report would be up to 300 days.
- For impact assessments conducted by a review panel, the panel would be responsible for preparing the Impact Assessment Report. The legislated timeline for the review panel to conduct an impact and provide the Minister with the Report would be up to 600 days.
- For impact assessments of designated projects regulated by the proposed new Canadian Energy Regulator or the Canadian Nuclear Safety Commission, the impact assessment would integrate the regulatory review requirements to the greatest extent possible. The integrated assessment would be conducted through a review panel where the Agency would provide support to the review panel with assistance from life cycle regulators, using the procedures established under the IA Act and its regulations, and ensure the impact assessment and regulatory expertise required is available to the panel. The integrated review would result in one report with two sections: an impact assessment report and regulator recommendations.
- The federal government would seek to cooperate with other jurisdictions on the impact assessment in order to achieve “one project, one assessment”.
STEP 4: Decision-Making
The proposed Impact Assessment Act is introducing substantial changes to decision-making for designated projects. The concept of public interest would be at the centre of decisions related to designated projects that are subject to a federal impact assessment.
Key Elements:
- For assessments conducted by the Agency, the Minister of Environment and Climate Change would make the public interest decision or would have discretion to refer this decision to the Governor in Council. For all impact assessments conducted by a review panel, the Governor in Council would make the public interest decision.
- The project decision of either the Minister of Environment and Climate Change or the Governor in Council would be based on whether the project’s adverse effects that are within federal jurisdiction are in the public interest.
- In making the decision, the Minister of Environment and Climate Change or the Governor in Council would need to consider:
- the Impact Assessment Report, which would set out – among other things – the environmental, social, economic health and gender effects of the project, and its potential impacts on the rights of Indigenous peoples;
- the designated project’s contribution to sustainability;
- the extent to which the effects within federal jurisdiction or that would directly result from other federal decisions about the project are adverse;
- mitigation measures (e.g., use of renewable energy to reduce greenhouse gas emissions);
- the impact the designated project may have on any Indigenous groups that may be affected by the carrying out of the project and the potential adverse impact on their rights; and
- whether the effects negatively or positively affect the Government of Canada’s ability to meet its environmental obligations and climate change related commitments (e.g., commitments under the Paris Agreement).
- To provide greater transparency, reasons for the decision would be made public. The reasons given would need to provide an explanation of how the public interest factors were considered in decision-making.
- The Minister of Environment and Climate Change would continue to issue decision statements to proponents. Decision statements would contain the public interest decision made by either the Minister of Environment and Climate Change or the Governor in Council, the project decision, enforceable conditions with which the proponent must comply, and the reasons for the decision.
- In order to provide flexibility and allow for adaptive management, the new Act would provide the Minister of Environment and Climate Change with the authority to amend decision statements, including adding, removing or amending conditions. This would provide the flexibility required to change conditions during project implementation if needed (e.g.new technologies are developed).
STEP 5: Follow-up, Monitoring and Enforcement
Under the proposed Impact Assessment Act, there would be increased opportunity for meaningful participation in monitoring activities which is intended to result in greater confidence that conditions in the Minister’s Decision Statement are being complied with.
Key Elements:
- At the end of the Impact Assessment Phase, the Minister of Environment and Climate Change issues a Decision Statement. The Decision Statement contains a decision on whether the project may proceed and any enforceable conditions that the proponent must comply with (e.g. implement a water quality plan).
- Monitoring and follow up ensure that proponents are complying with conditions, and increase public confidence in the impact assessment process. Under the new system, Indigenous peoples and communities would have a greater role in monitoring and follow up. Where circumstances warrant, the Agency would establish Indigenous and Community Monitoring Committees to undertake monitoring activities.
- Where there is a federal life cycle regulator for a project, decision statements conditions would continue to be set out in certificate, licence or permit of the life cycle regulator. The life cycle regulator would continue to be responsible for monitoring project compliance with conditions throughout the project life cycle.
- Enforcement officers as well as analysts would be designated under the Act. Analysts would be persons with specific scientific or other expertise that is needed to support enforcement officers in carrying out their duties.
- A review process would be established to review orders of non-compliance. When an order of non-compliance has been issued, the person who was given the order may request in writing to the Agency that the order be reviewed. The request for review of the order must be made within 30 days after the order was given. Orders remain in effect while the review is being completed.
- New provisions would require the Agency to publish more information related to compliance and enforcement, such as summaries of inspection reports and enforcement actions, to the Agency’s website.
- A new penalty scheme is proposed under the Impact Assessment Act. This penalty scheme sets out different fines for individuals versus corporations.
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