Federal Impact Assessment Act
Since the entry into force of the Impact Assessment Act (IAA) in August 2019, efforts have continued at the regional level to gain a thorough understanding of how it may be implemented in harmonization with the JBNQA, NEQA and NILCA impact assessment procedures. With the IAA, the federal process has extended its scope to improve early consideration of social impacts and engagement with Indigenous people. These new elements could foster harmonization with the procedures under the JBNQA, the NEQA and the NILCA, which have always considered social impacts and the rights of the Inuit, Cree and Naskapi rights. Similarly, it meets the Government of Canada’s objective of “one project, one assessment” in its review of projects
Public Participation
The Impact Assessment Agency of Canada maintains an online project impact assessment registry. The IAA recognizes the importance of meaningful public participation and Indigenous consultations in multiple phases of impact assessments. For more information regarding the IAA and funding to help prepare for, and take part in, key stages of an assessment, click here.
The table below summarizes the roles of the Impact Assessment Agency of Canada within the federal Impact Assessment Act.
Impact Assessment Agency of Canada | |
Legal authority | Impact Assessment Act, 2019 |
Composition of the review body | n/a |
Impact Assessment Zone | In Nunavik: in zones 1, 5 and 7 of Figure 1 |
Applicable Projects
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Projects that are i) on the project list, ii) specifically designated by the Minister of Environment and Climate Change Canada, or iii) on federal lands. |
Main Responsibilities | The Agency is responsible for conducting federal impact assessments, engaging with Indigenous groups and the public, providing participant funding, maintaining the Canadian Impact Assessment Registry, and promoting, monitoring and facilitating compliance with the Act. |
IA process overview
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– Early planning and preparation.
– Guidelines prepared for the proponent. – Impact statement drafted by proponent. – Impact assessment review process – Decision-making. – Post decision. |
Other Information | – In the month prior to the Seminar, a ruling by the Supreme Court of Canada (SCC) declared that several parts of the Act were unconstitutional. Interim guidelines were established while the amendments are made to respect the SCC ruling. At the moment, proponents can decide if they continue their project assessment with the Act as published in 2019, or if they wait until the amendments are published.
– Since the Agency is working on potentially significant amendments to the Act, the process may be subject to changes in the near future. – Assessments may be conducted by the Agency, or by a review panel. – The Act provides for harmonization and cooperation, including early consultation, mechanisms for cooperation (coordination, delegation, substitution, joint review panel), cooperation plans and cooperation agreements. – The Agency is not responsible for all federal assessment processes, only for the assessment of projects subject to the Act. – The various federal departments concerned by a project under the Agency’s review will inform the Agency’s process with their information needs, so that their own processes for issuing permits or authorizations can be expedited once the Agency has given its permission. |