Summary
Details
- Canada
Federal impact assessment is mandatory for projects designated under the Act or regulations.
Criteria:
Climate-related considerations, including emissions and climate change impacts, form part of the assessment.
Compliance with approval conditions is legally binding.
Exceptions:
Projects not designated under the Act are outside federal assessment scope.
Certain projects may proceed under provincial assessment regimes where substitution or equivalency applies.
Minor modifications to approved projects may not trigger new assessments.
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What’s Required
Proponents of designated projects must:
Submit project descriptions triggering federal impact assessment where applicable.
Assess environmental, health, social, and economic impacts, including greenhouse gas emissions.
Demonstrate consideration of sustainability, Indigenous rights, and climate commitments.
Participate in public and Indigenous consultation processes.
Comply with conditions imposed as part of project approvals.
Important Deadlines
August 28, 2019: The Impact Assessment Act came into force, replacing the previous CEAA 2012 regime and establishing the modern federal impact assessment framework.
Project Planning Phase (up to 180 days): Upon receipt of an initial project description, the IAAC may spend up to 180 days completing the planning phase, including public and Indigenous engagement, issuing Tailored Impact Statement Guidelines, and posting the Notice of Commencement.
Impact Statement Phase (up to 3 years): After the planning phase, a proponent may take up to 3 years to prepare and submit the required detailed impact statement and supplements in line with the tailored guidelines.
Impact Assessment Phase (up to 300 days): The IAAC’s federal impact assessment review phase is generally expected to be completed within approximately 300 days from submission of the complete impact statement, unless extended for cooperation, panel review, or unique project circumstances.
Review Panel Process (up to 600 days): If the Minister refers a project to a review panel, the assessment period may be up to 600 days, subject to procedural orders, but may also be extended in certain cases.
Current Status
The Impact Assessment Act is in force and actively applied.
The Act has been subject to constitutional scrutiny, with adjustments made to ensure continued operation.
Federal assessments continue to incorporate climate and sustainability criteria.
Penalties for Non-Compliance
Non-compliance with assessment requirements or approval conditions can result in enforcement actions.
Penalties include fines, compliance orders, and potential suspension of project activities.
Examples of Known Violations
A large energy infrastructure project must assess lifecycle greenhouse gas emissions and demonstrate alignment with national climate objectives.
A mining project approval may include enforceable conditions related to emissions monitoring and mitigation.
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