Feds release Interim Guidance on Impact Assessment Act

Ottawa – Attracting investment and supporting major job-creating projects requires regulatory certainty from all levels of government. Following the recent opinion by the Supreme Court of Canada on the Impact Assessment Act (IAA), the Government of Canada is setting a clear path forward for impact assessments in Canada to provide clarity for businesses, provinces, Indigenous groups and stakeholders involved in the development of major projects.

Today, the Minister of Environment and Climate Change, the Honourable Steven Guilbeault, announced Government of Canada guidance on the interim administration of the Impact Assessment Act to ensure that projects currently in the assessment process have an orderly and clear path forward.

As part of this guidance:

• The Impact Assessment Agency of Canada will assess all projects currently under assessment and provide an opinion on whether they impact areas of federal jurisdiction;
• Proponents are invited to continue information sharing to advance their assessments;
• Consultation will continue with Indigenous Peoples through existing assessment processes, as they relate to a clear area of federal jurisdictional responsibility;
• The Minister’s discretionary authorities to designate projects will be paused.
• Consideration of any new designation requests will only resume, as appropriate, once amended legislation is in force;
• The Impact Assessment Agency of Canada remains prepared to provide an opinion on whether a full impact assessment is warranted, and to invite proponents to collaborate on an assessment; and
• The three regional assessments underway, the Ring of Fire in Ontario and offshore wind in Nova Scotia and Newfoundland and Labrador, will continue, as these seek only to understand impacts and do not involve decision-making on specific projects.

This guidance provides certainty to ongoing processes while the Government prepares for the introduction of targeted and meaningful amendments to the IAA that align with the opinion of the Supreme Court of Canada.

The Supreme Court of Canada affirmed the right of the Government of Canada to put in place impact assessment legislation, protect Indigenous Peoples rights, and collaborate with the provinces on environmental protection. Respecting guidance from the Supreme Court of Canada, the Government will move quickly to introduce important amendments, including incorporating the Court’s call for greater collaboration between the federal and provincial governments.

The Government of Canada and the Impact Assessment Agency of Canada will continue to work collaboratively with the provinces, Indigenous partners, stakeholders and the public as the amendments to the Impact Assessment Act proceed. Strong collaboration is and will remain at the heart of conducting federal assessments and protecting the environment.