Impact Assessment Act

Impact Assessment Act
Title	Impact Assessment Act
Jurisdiction	Canada
Enacted	2019
Status	in force

Impact Assessment Act

The Impact Assessment Act is Canadian federal legislation enacted in 2019 that replaced parts of the Canadian Environmental Assessment Act, 2012 and reformed project review processes under the Government of Canada. It establishes procedures for evaluating potential effects of designated projects on matters such as Indigenous rights, health, and species protected under the Species at Risk Act, while assigning roles to institutions including the Impact Assessment Agency of Canada and the Canadian Environmental Assessment Agency. The Act intersects with instruments like the Fisheries Act, the Canadian Navigable Waters Act, and international obligations such as the United Nations Declaration on the Rights of Indigenous Peoples.

Background and Purpose

The Act was introduced amid debates involving the Liberal Party of Canada, the Conservative Party of Canada, and the New Democratic Party about reforming the legacy of the Canadian Environmental Assessment Act, 2012, balancing objectives advanced in platforms tied to the 2015 Canadian federal election and commitments following the 2019 Canadian federal election. It sought to respond to public inquiries from stakeholders including Indigenous and Northern Affairs Canada, environmental NGOs like the David Suzuki Foundation, industry groups such as the Canadian Association of Petroleum Producers, and provincial authorities in Alberta, British Columbia, and Ontario. The legislative initiative drew on comparative models from jurisdictions such as the United States National Environmental Policy Act and Australia’s environmental assessment practice administered by the Department of Agriculture, Water and the Environment (Australia).

Key Provisions and Framework

The Act defines "designated projects" and establishes a planning, impact assessment, and decision-making sequence that integrates scientific evidence from agencies like Environment and Climate Change Canada and heritage considerations overseen by Parks Canada. It mandates consideration of factors such as effects on Indigenous rights recognized in instruments connected to the Constitution Act, 1982 and socio-economic consequences relevant to regions like the Mackenzie Valley. The statute creates requirements for public participation modeled in part on processes observed in reviews of projects by the National Energy Board (now Canada Energy Regulator), and includes provisions relating to follow-up and monitoring akin to protocols used by the International Association for Impact Assessment.

Regulatory and Institutional Implementation

Institutional roles are delineated: the Impact Assessment Agency of Canada conducts assessments, panels of experts may be appointed under the aegis of the Minister of Environment and Climate Change (Canada), and decision-making authority may involve referral to federal ministers or Cabinet. Cooperation frameworks with provinces such as Quebec and Newfoundland and Labrador rely on substitution and equivalency arrangements influenced by past accords like the Agreement on Environmental Cooperation models. Regulatory instruments under the Act include guidance documents developed with input from Crown-Indigenous bodies, scientific input from organizations such as the Canadian Science Advisory Secretariat, and procedural rules echoing standards used by the International Maritime Organization for navigable waterways.

Environmental and Socioeconomic Impacts

Application of the Act has affected major resource proposals spanning sectors represented by the Canadian Association of Petroleum Producers and the Mining Association of Canada, influencing projects in regions including the Athabasca oil sands and the Ring of Fire (Ontario). Assessments consider potential impacts on species listed under the Species at Risk Act, fisheries protected by the Fisheries Act, and migratory bird habitat related to the Migratory Birds Convention Act, 1994. Socioeconomic dimensions include effects on communities governed by Indigenous institutions such as the Assembly of First Nations and territorial governments like the Government of Yukon, with attention to employment projections and regional development analyses used by bodies like the National Energy Board historically.

Legal Challenges and Case Law

The Act has been the subject of constitutional and administrative law litigation involving parties such as provincial governments of Alberta and Saskatchewan, industry proponents including multinational firms with interests in the Trans Mountain pipeline, and Indigenous litigants represented by organizations like the First Nations Summit. Judicial review applications have engaged courts such as the Federal Court of Canada and appellate panels leading to decisions that interpret powers under the Constitution Act, 1867 and standards of procedural fairness articulated in precedents like judgments from the Supreme Court of Canada. Litigation has clarified issues about the scope of federal jurisdiction, the validity of substitution agreements with provinces, and standards for assessing impacts on rights protected by the Canadian Charter of Rights and Freedoms in certain contexts.

Amendments, Reviews, and Policy Debates

Since enactment, the Act has undergone statutory reviews and proposed amendments debated in the House of Commons of Canada and the Senate of Canada, with input from parliamentary committees such as the House of Commons Standing Committee on Environment and Sustainable Development. Policy debates have focused on timelines for decision-making, the balance between environmental protection and resource development advanced by stakeholders like the Alberta Federation of Labour and the Canadian Chamber of Commerce, and reconciliation imperatives emphasized by Indigenous leaders associated with the National Aboriginal Council. Reviews reference comparative assessment reform from jurisdictions like the European Union and procedural recommendations by the Canadian Environmental Assessment Agency in earlier iterations.

Category:Canadian federal legislation Category:Environment of Canada Category:Canadian law