Process Overview

These are the high-level steps of the Post-decision phase:

Select each heading for more information.

1

The proponent is responsible for carrying out the follow-up program according to the enforceable conditions outlined in the Decision Statement, and may include the involvement of federal authorities, Indigenous groups, and the public in relevant activities.

2

The Agency, where circumstances warrant, may also establish monitoring committees to help provide additional confidence in the science and evidence used in the follow-up program.

3

The Agency will post information relating to follow-up activities to the Registry, including data, summaries, and other relevant documents.

4

The Agency is responsible for ensuring that there is no contravention of the Impact Assessment Act (IAA), including verifying compliance with conditions in the Decision Statement and undertaking compliance activities and enforcement actions to prevent, identify or correct contraventions of the IAA, including non-compliance with the Decision Statement.

5

In circumstances of contravention or non-compliance, enforcement officers and analysts will take the appropriate steps to work with the proponent to ensure a return to compliance (the state of conformity with the IAA and the Minister’s Decision Statement).

6

The Agency will establish a review process for non-compliance orders whereby orders are reviewed by the Agency if requested by the person or entity who received the order.

7

The Agency will post the following information to the Registry, as appropriate:

  • information or any document(s) provided by a proponent to comply with a condition set out in the Decision Statement;
  • any summary report that an enforcement officer or analyst may prepare in their designated role;
  • any notice(s) of non-compliance;
  • a written order issued by an enforcement officer or analyst; and
  • any decisions made by a review officer.
8

The Minister may amend a Decision Statement. In this case, a notice of the intended amendment to the Decision Statement and an invitation for public comment will be posted on the Registry.

9

Any comments received on intended amendments will be considered.

10

The Minister will issue an amended Decision Statement.

11

The Agency will post the final amended Decision Statement and reasons for the amendment to the Registry.

On the web: Post-decision phase — Step by Step

Glossary: Analysts, Non-compliance, Conditions, Decision Statement, Enforcement Officers, Registry, Monitoring Committees

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.

Non-Compliance

Any actions that contradict or violate the conditions of the Decision Statement or any provisions in the Impact Assessment Act.

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.

Decision Statement

Document issued by the Minister that includes the public interest determination.

Enforcement Officer

Person, as designated by the President of the Agency, responsible for verifying compliance and issuing orders to correct non-compliance.

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.

Monitoring committees

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.