Glossary
A
- Analysts
- Persons, as designated by the Minister of the Environment and Climate Change, with specific scientific or other expertise that is needed to support enforcement officers in carrying out their duties.
C
- Canadian Impact Assessment Registry (the Registry)
- The Registry is established and maintained by the Agency and consists of an Internet site and project files relevant to the impact assessment process. The Registry is operated in a manner that allows access to information for anyone who is interested in a project or the impact assessment process.
- Conditions
- The requirements included in a Decision Statement issued by the Minister of Environment and Climate Change with which the proponent of the designated project must comply. These include mitigation measures and follow-up program requirements.
- Cooperation Plan
- Document describing how the Agency will work with other jurisdictions throughout the impact assessment process to harmonize timelines, consultation and engagement activities, where possible. This plan aims to satisfy the requirements and objectives of the Impact Assessment Act and the participating provincial, territorial and/or Indigenous jurisdictions to reduce duplication, increase efficiency and certainty, and draw on the best available expertise.
D
- Decision Statement
- Document issued by the Minister that includes the public interest determination.
- Designated Project
- Project that is subject to the Impact Assessment Act, and may require an impact assessment. Types of designated projects are set out in the Physical Activities Regulations (also known as the Project List). The Minister may also designate a project that is not on the Project List if he or she is of the opinion that the carrying out of the project may cause adverse effects within federal jurisdiction, or that public concerns related to those effects warrant the designation.
- Detailed Project Description
- Document prepared by the proponent containing information prescribed by the Information and Management of Time Limits Regulations about the designated project including information about possible environmental, social, health and economic effects of the designated project and any changes made in response to the Summary of Issues.
- Direct or Incidental Effects
- Effects that result from federal decisions that would permit a designated project to be carried out or federal funding that would enable the designated project.
E
- Effects
- Unless the context requires otherwise, means changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes and any changes in response to the Summary of Issues.
- Effects within Federal Jurisdiction
Effects within Federal Jurisdiction are defined in section 2 of the Impact Assessment Act.
In general, they are effects related to a physical activity or a designated project that change:
- environmental components within the legislative authority of Parliament such as fish, other aquatic species or migratory birds;
- the environment on federal lands, in another province or outside Canada;
- the environment in a way that impacts Indigenous peoples of Canada through impacts to their physical and cultural heritage, their current use of lands and resources for traditional purposes, or any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
- the health, social or economic conditions of the Indigenous peoples of Canada; and
- a health, social or economic matter that is within the legislative authority of Parliament.
- Enforcement Officer
- Person, as designated by the President of the Agency, responsible for verifying compliance and issuing orders to correct non-compliance.
- Environment
The components of the Earth, and includes
- land, water and air, including all layers of the atmosphere;
- all organic and inorganic matter and living organisms; and
- the interacting natural systems that include components referred to in paragraphs (a) and (b).
- External Technical Review
- Tool that can be used by the Agency or a Review Panel as required to complement the reviews conducted by expert federal departments. It allows difficult science issues related to a designated project to be examined by independent experts and helps inform complex scientific elements of the assessment.
F
- Federal Authorities
Federal departments or agencies that are in possession of specialist or expert information or knowledge with respect to a project, upon request, have the obligation of:
- making information available to the Agency, review panel or body conducting the impact assessment; and
- engaging with the proponent.
Their expertise may be used at any stage of the impact assessment process, including in the Planning phase.
- Follow-up Program
- Program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures.
G
- Governor in Council
- The Governor General of Canada acts by and with the advice and consent of the Cabinet.
H
- Hearing
- A public forum organized for the review panel to obtain the information required to complete its assessment and for Indigenous groups, the public and other participants to participate in the impact assessment by presenting their views and questioning information on the record.
I
- Impact Assessment
- An assessment of the effects of a designated project that is conducted in accordance with the Impact Assessment Act.
- Impact Assessment Factors, IAA, s.22(1)
Factors To Be Considered
Factors — impact assessment
22 (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel, must take into account the following factors:
- the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including
- the effects of malfunctions or accidents that may occur in connection with the designated project,
- any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out, and
- the result of any interaction between those effects;
- mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
- the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
- the purpose of and need for the designated project;
- alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;
- any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
- Indigenous knowledge provided with respect to the designated project;
- the extent to which the designated project contributes to sustainability;
- the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
- any change to the designated project that may be caused by the environment;
- the requirements of the follow-up program in respect of the designated project;
- considerations related to Indigenous cultures raised with respect to the designated project;
- community knowledge provided with respect to the designated project;
- comments received from the public;
- comments from a jurisdiction that are received in the course of consultations conducted under section 21;
- any relevant assessment referred to in section 92, 93 or 95;
- any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;
- any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project;
- the intersection of sex and gender with other identity factors; and
- any other matter relevant to the impact assessment that the Agency requires to be taken into account.
- the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including
- Impact Assessment Report
- Document, prepared by the Agency or the Review Panel, summarizing the impact assessment process that takes into consideration the information and analysis by the proponent and associated perspectives, including of federal authorities, Indigenous groups, the public and provincial, territorial, or Indigenous jurisdictions. The Impact Assessment Report must provide sufficient information for the Minister of Environment and Climate Change or Cabinet to support the public interest decision.
- Impact Statement
- Detailed technical document prepared by the proponent as per the requirements set out in the Tailored Impact Statement Guidelines.
- Indigenous Engagement and Partnership Plan
- Document outlining how Indigenous groups may wish to participate in the impact assessment process, including, where available, information on proponent-led engagement activities. This document will be developed in collaboration with Indigenous groups.
- Initial Project Description
- Document prepared by the proponent that provides preliminary information about a designated project and includes the prescribed information set out in the Information and Management of Time Limits Regulations. It identifies the location, local communities and Indigenous groups that may be affected.
- Integrated Assessment
Integrated assessments are assessments of designated projects that integrate the legislative requirements of both the Impact Assessment Act and the legislative requirements of the respective lifecycle regulator. The Minister must automatically refer the integrated assessment to a Review Panel if the designated project includes physical activities that are regulated under the:
- Nuclear Safety and Control Act
- Canadian Energy Regulator Act
- Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
- Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
- Integrated Review Panel
- When an impact assessment is required for a designated project regulated by a lifecycle regulator, the Minister must refer the assessment to an Integrated Review Panel. The impact assessment will integrate the requirements of the Impact Assessment Act and the legislation for which the lifecycle regulator is responsible into the process.
J
- Joint Review Panel Agreement
- Establishes the mandate and authority of the Joint Review Panel, its composition and the procedures and timelines for the review process. An agreement is negotiated between the Agency and approved by the Minister and the provincial, territorial, or Indigenous jurisdiction for each Joint Review Panel, outlining its process and the terms of reference.
L
- Lifecycle Regulator
Lifecycle regulators have roles throughout the process, for project that they regulate. They collaborate with the Agency through an integrated assessment process that meets the Impact Assessment Act and their own regulatory requirements.
Lifecycle regulators include the Canada Energy Regulator (CER), the Canadian Nuclear Safety Commission (CNSC), and the Offshore Petroleum Boards. The Agency will work collaboratively with the lifecycle regulators on designated projects that are also regulated under the Nuclear Safety and Control Act (NSCA), the Canadian Energy Regulator Act (CERA), the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. The Agency will draw upon their expert knowledge and ensure that safety, licensing requirements, international obligations, and other key regulatory factors are considered as part of a single, integrated assessment, as appropriate.
M
- Mitigation Measures
- Measures to eliminate, reduce, control or offset the adverse effects of a project or designated project, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means.
- Monitoring Committee
- A committee that may be established by the Agency for matters related to the implementation of follow-up programs and adaptive management plans, and to provide opportunities for Indigenous peoples and the public to participate in post-decision making activities such as monitoring.
N
- Non-Compliance
- Any actions that contradict or violate the conditions of the Decision Statement or any provisions in the Impact Assessment Act.
- Notice of Commencement
- Notice issued by the Agency before the end of the 180-day Planning phase that sets out the start of the Impact Statement phase and includes the Tailored Impact Statement Guidelines, that outlines the information and studies necessary to conduct the impact assessment, and plans relating to cooperation with other jurisdictions, Indigenous engagement and partnership, public participation and permitting.
P
- Participants
- The Agency needs to work closely with federal authorities, the public, Indigenous groups, other jurisdictions (provincial, territorial, and Indigenous), and, when applicable, lifecycle regulators as well as proponents.
- Permitting Plan
- Document outlining the anticipated permits, licenses and authorizations (regulatory instruments) that may be required for a designated project. The types of regulatory instruments integrated in the plan: federal instruments, including those under the authority of a lifecycle regulator; those of any jurisdiction that will undertake a Joint Review Panel impact assessment with the Agency under the Impact Assessment Act; those of another jurisdiction that may have responsibilities for an assessment with the agreement of the Agency and that jurisdiction; and any other permits, licences and authorizations that the Agency determines are appropriate to include.
- Project List
- The Physical Activities Regulations (also known as the Project List) identifies types of projects that are subject to the Impact Assessment Act and may require an impact assessment under the Impact Assessment Act. When the physical activity associated with carrying out a proponent's project is described in Physical Activities Regulations, the proponent must provide the Agency with an Initial Project Description.
- Proponent
- A person or entity – federal authority, government, or body – that proposes carrying out, or carries out, a designated project.
- Public Interest Determination, IAA, 60(1)
Minister’s decision
60 (1) After taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister under subsection 28(2) or at the end of the assessment under the process approved under section 31, the Minister must
- determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest; or
- refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.
- Public Interest Factors
- Impact Assessment Act, s. 63
- the extent to which the designated project contributes to sustainability;
- the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;
- the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;
- the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed, by section 35 of the Constitution Act, 1982; and
- the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.
- Public Participation Plan
- Document outlining how the public will be engaged throughout the impact assessment process and preferred engagement tools and strategies.
R
- Response to the Summary of Issues
- Information prepared by the proponent and included in the Detailed Project Description that sets out how it intends to address the issues described in the Summary of Issues.
- Review Panel's Impact Assessment Report
- Report prepared by the Review Panel that identifies the effects that are likely to be caused, the adverse effects within federal jurisdiction, the extent to which these effects are significant, how Indigenous knowledge was considered, a summary of comments and the Review Panel's rationale, conclusions and recommendations. In the case of Integrated Review Panels, the report will include recommendations on potential conditions and will address the requirements of both the Impact Assessment Act and the relevant provisions of the legislation of the lifecycle regulator.
- Roster
- Potential members of a Review Panel may be selected by the Agency from a roster of candidates established by the Minister. In the case of Integrated Review Panels, the Minister will establish three rosters, one that identifies potential candidates, one of members of the Canadian Nuclear Safety Commission and one of Commissioners from the Canadian Energy Regulator. Candidates must have relevant knowledge and expertise and must be free from a conflict of interest.
S
- Substitution
- Process that allows the Minister to replace the conduct of a federal assessment with that of another jurisdiction, if conditions set out in the Impact Assessment Act are met and the Minister is of the opinion that the process of the other jurisdiction would be an appropriate substitute for the federal process.
- Summary of Issues
- Document prepared by the Impact Assessment Agency to summarize issues raised through the initial engagement processes during the Planning phase. This document provides the proponent, and other participants, with a summary of the comments received by the Agency in relation to the Initial Project Description and allows participants to see how their comments and concerns have been characterized.
- Sustainability
- The ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations.
T
- Tailored Impact Statement Guidelines
- Document that provides direction and requirements for the proponent in preparing an Impact Statement. The Tailored Impact Statement Guidelines detail all information and studies that the Agency or a review panel will require to conduct the impact assessment.
- Terms of Reference
- Establishes the composition and authority of the Review Panel and the Minister's expectations for the impact assessment by Review Panel. It sets procedures and the boundaries of the assessment, including the time limit for the Review Panel to submit its report to the Minister. The objectives of the Public Participation Plan issued by the Agency at the end of the planning phase will be reflected in the Review Panel's Terms of Reference. The Terms of Reference must be established no later than 45 days from the posting of the notice indicating that the Agency is satisfied that the proponent has provided the required information and studies.
V
- Valued Component (VC)
-
Environmental, health, social, economic and potentially other elements of the natural and human environment that is identified as having scientific, social, cultural, economic, historical, archaeological or aesthetic importance.
The value of a component may be determined on the basis of cultural ideals or scientific concern. Valued components that have the potential to interact with project components should be included in the assessment of effects.