Cooperation and Participation

The Government of Canada is committed to meeting the objective of “one project, one assessment” in its review of designated projects. By working with other jurisdictions, duplication of effort is reduced while increasing efficiency and process certainty.

To meet the objectives for cooperation with jurisdictions:

• the Agency must offer to consult and cooperate with jurisdictions, including Indigenous jurisdictions;
• the Agency and the Minister have flexibility to adjust certain time limits to enable co-operation with jurisdictions;
• tools to improve efficiency and effectiveness may be used such as delegation, substitution, and joint review panels; and
• cooperation agreements with interested jurisdictions may be established to coordinate assessments.

The Agency will create a Cooperation Plan during the Planning phase for each designated project to outline the project-specific cooperative approach to the impact assessment process.

One Project, One Assessment Approaches to Impact Assessment

There are three benefits to the “one project, one assessment” approach:

1. efficiency – reducing duplication of effort, shared activities, and joint documentation;
2. rigour – meeting the requirements of all jurisdictions; and
3. clarity – setting out a clear, predictable process leading to a shared understanding of the evidence and potential impacts.

On the web: Cooperative Impact Assessments

The approach to Indigenous participation in impact assessments addresses the three following objectives:

1. Fulfill the Crown’s constitutional obligations to consult and accommodate, where appropriate, Indigenous peoples whose Aboriginal and Treaty rights may be adversely impacted by a proposed project.
2. Address statutory obligations under the Impact Assessment Act (IAA) to:
   • consult potentially impacted Indigenous groups;
   • consider potential effects on Indigenous peoples and any potential adverse impacts on the rights of Indigenous peoples;
   • consider Indigenous knowledge provided;
   • consider Indigenous culture; and
   • advance cooperation with Indigenous jurisdictions.
3. Advance reconciliation by increasing opportunities for collaborating or partnering with Indigenous peoples via a spectrum of engagement:
   • participation, which may include discussion with the Crown on potential impacts and comments on key documents (e.g., draft Crown record of consultation, draft Conditions);
   • collaboration, which may include establishing joint methodology for assessing impacts to rights and joint development of sections of reports; and
   • partnership, which may include formal co-operation agreements and conduct of aspects of the impact assessment.

The Indigenous Engagement and Partnership Plan will outline the Indigenous participation.

Participation

Examples include:

• innovative engagement;
• input into plans and documents during Planning phase;
• participation in public or community events;
• Crown consultation on potential impacts; and
• provision of comments on key documents (e.g., draft Consultation Report, draft Conditions).

Collaboration

Examples include:

• co-development and implementation of consultation protocols and plans;
• establishing joint methodology for assessing impacts to rights;
• undertaking independent studies;
• establishing technical working groups;
• joint delivery of community-based training; and
• joint development of sections of reports.

Example: Indigenous-Led Assessment

During the course of the environmental assessment for the Ajax Copper-Gold Mine in BC, the Stk'emlúpsemc te Secwépemc Nation (SSN) Joint Council carried out its own assessment process for the project. This assessment process was designed to assess impacts of the project in a way that respected SSN knowledge and perspectives and facilitated informed decision-making by their communities consistent with their laws, governance, traditions, and customs. The SSN’s assessment was provided to the Minister. The Agency engaged deeply with SSN, and made efforts to align the federal environmental assessment with SSN’s assessment process to the extent possible.

Partnership

Examples include:

• formal co-operation agreements;
• joint assessments;
• conduct of aspects of the impact assessment; and
• joint implementation of monitoring.

Meaningful Public Participation

Meaningful public participation means members of the public who wish to participate in an impact assessment:

• have an opportunity to do so;
• are provided with the information and support that enables them to participate in an informed way;
• inform and influence decision-making; and
• see that their input was considered

According to the Impact Assessment Act (IAA), the Agency must ensure an opportunity for meaningful participation, in a manner it considers appropriate, within the period it specifies. To encourage meaningful participation, a variety of tools are used throughout the impact assessment process, including improved online and interactive tools and face-to-face activities.

The Public Participation Plan will outline the participation opportunities.

Overarching Principles

Several overarching principles will guide the Agency’s approach to public participation:

• it starts early and continues throughout each phase of the impact assessment process;
• it is supported with funding made available through the Agency’s Participant Funding Program
• it is inclusive and transparent, and information is available to the public on the Canadian Impact Assessment Registry;
• it is designed to increase the knowledge of participants and the government, and build relationships;
• it is designed to prioritize the participation of those who could be most affected by the proposed project, while also ensuring that all members of the public have an opportunity to share their knowledge and view;
• its methods are flexible, innovative and consider the context of the designated project and legislated timelines;
• it influences decision-making and participants see how their input was considered; and
• it continually adapts and improves.