CNSC Signs MOU with The Impact Assessment Agency of Canada

Memorandum of Understanding on Integrated Impact Assessments Under the Impact Assessment Act

Preamble
1. Definitions
2. Scope
3. Interpretation
4.Objectives
5. Designation of projects by the Minister
6. Information sharing
7. Participant funding
8. Public engagement
9. Indigenous consultation
10. Timeline for impact assessment phase
11. Joint Agency-CNSC project team and secretariat
12. Appointment of panel members
13. Joint integrated impact assessments
14. Cost sharing
15.Terms of MOU
16. Annexes
17. Signatures
Annex 1 - Information sharing and notification protocol
Annex 2 - Public engagement and participation for integrated impact assessments
Annex 3 - Roles and responsibilities for crown consultation in integrated impact assessment processes
Annex 4 - Project team and panel secretariat for integrated impact assessments
Annex 5 - Appointments to rosters and review panels for integrated impact assessments
Annex 6 - Development of conditions for integrated impact assessments
Annex 7 - Panel terms of reference for a project-specific integrated impact assessments
Appendix 1: Definitions of terms
Annex 8 - Joint integrated impact assessments

Preamble

WHEREAS the Impact Assessment Act (the IA Act) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;

WHEREAS under section 43 of the IA Act, the Minister of the Environment (the Minister) must refer the impact assessment of a designated project to a review panel if the project includes physical activities that are regulated under the Nuclear Safety and Control Act (NSCA);

WHEREAS the Canadian Nuclear Safety Commission (the CNSC) has statutory responsibilities pursuant to the NSCAand is responsible for the regulation of nuclear facilities, activities, substances, prescribed equipment and prescribed information;

WHEREAS the Minister and the Impact Assessment Agency of Canada have statutory responsibilities pursuant to the IA Act;

WHEREAS the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;

WHEREAS the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision making; and,

WHEREAS a purpose of the IA Act is to promote cooperation and coordinated action with respect to impact assessments.

THEREFORE, the assessment of designated projects under the IA Act that are regulated by the CNSC under the NSCAwill proceed by way of an integrated impact assessment;

THEREFORE, the Participants recognize that the objective of “one project, one assessment” can only be achieved without unnecessary delays or duplication of effort through efficient and effective cooperation, and agree to implement an integrated approach for the impact assessment of designated projects regulated by the CNSC;

THEREFORE, the Participants recognize the benefit of cooperating in the development of the processes and procedures that will be followed during integrated impact assessments; and,

THEREFORE, the Participants agree to consult and work collaboratively to implement integrated impact assessment processes under the IA Act, as outlined in this memorandum of understanding (MOU).

1. Definitions

In this MOU,

“Agency” means the Impact Assessment Agency of Canada.

“Canadian Nuclear Safety Commission”is referred to as the “CNSC” when referring to the organization and its staff in general, and the “Commission” when referring to the tribunal component.

“Integrated Impact Assessment” is an assessment process led by a review panel in which the Participants will cooperate, to the extent possible, with the common objective that the requirements of the IA Act and the NSCA are discharged as “one project, one assessment”.

“Integrated Review Panel” is the review panel that has been appointed by the Agency to conduct the integrated IA for a designated project that includes physical activities regulated under the NSCA.

2. Scope

This MOU applies to the impact assessment of a designated project referred to a review panel that includes physical activities that are regulated under the NSCA.

3. Interpretation

This MOU:

creates an administrative framework within which the Participants can cooperatively allow for the exercise of the powers and duties established by the IA Act and the NSCA, as necessary and as reflected in those Acts;
is to be read and interpreted in a manner consistent with the IA Act and the NSCA and all other applicable regulatory requirements; and
does not create any new legal powers or duties, nor does it alter the powers and duties in the IA Act and the NSCA and is not legally binding on the Participants.

This MOU confirms the commitment of the Participants to work collaboratively to ensure that integrated impact assessments (IAs) are conducted in an efficient manner.

4. Objectives

The objectives of this MOU and its Annexes are to provide procedures and guidance to the Participants in order to:

implement an overarching framework to allow for a single, comprehensive process for integrated IAs that is fair, inclusive, transparent and efficient;
clarify the roles and responsibilities for the Participants for the conduct of integrated IAs;
facilitate coordinated public engagement and Indigenous consultation activities in the integrated IA process for designated projects to be regulated by the CNSC;
ensure the statutory requirements of both the IA Act and the NSCA can be fulfilled; and,
facilitate timely and consistent information sharing and coordination between the Participants.

5. Designation of projects by the Minister

The Agency commits to consult with the CNSC prior to making recommendations to the Minister regarding any requests to designate projects that are received under the IA Act, not listed on the Physical Activities Regulations, which include physical activities regulated under the NSCA. The Agency will consult with the CNSC:

regarding any project-specific information received from a project proponent or a third party in relation to a potential designation; and/or,
prior to making any recommendations to the Minister regarding a potential designation; and/or,
following any decision by the Minister to designate a project.

6. Information sharing

6.1 Reciprocal notification

The Agency and the CNSC agree to keep each other informed, in a timely manner, of emerging projects that may be subject to both the IA Act and the NSCA, following the protocol outlined in Annex 1. The Participants will each identify an official who will act as the principal point of contact for the sharing of information regarding emerging projects.

6.2 Public registry

The Impact Assessment Registry Internet Site (the Public Registry) maintained by the Agency will be the official record of the integrated IA process. The Public Registry will include all information related to all integrated IA with the CNSC, until the issuance of a decision statement under the IA Act.

Following the issuance of a decision statement, the CNSC will ensure that all subsequent filings and records (e.g., condition compliance filings and other filings related to the lifecycle oversight of the project) are posted to the CNSC’s website; the Public Registry for each designated project will also contain a link to the CNSC’s website.

6.3 Scientific and technical expertise

The CNSC commits to making its specialist or expert information available to the Agency and review panel throughout all phases of the integrated IA process. Any such scientific and technical advice will be provided on the record of review.

The Agency will consult with the CNSC in determining whether an independent science review is warranted. During the IA phase, any decisions regarding whether an independent science review is warranted will be made by the integrated review panel.

7. Participant funding

Participant funding for all integrated IAs will be provided and administered by the Agency pursuant to its Participant Funding Program. The funding will cover participation in the IA, until the issuance of the Decision Statement. The Agency commits to keeping the CNSC informed of the allocation of participant funding throughout the integrated IA process.

8. Public engagement

The Agency will coordinate public engagement activities for integrated IAs in collaboration with the CNSC, following the protocol outlined in Annex 2. The CNSC will participate, to the extent possible, in all public engagement activities to encourage relationship building and seamless transition as the lifecycle regulator carries out responsibilities to monitor project compliance with conditions throughout the entire life of the project.

As an outcome of the Planning Phase, the Agency and the CNSC will develop the Public Participation Plan for each integrated IA to guide public engagement activities during the IA process.

9. Indigenous consultation

The Agency will coordinate the whole-of-government consultation activities with potentially affected Indigenous groups for integrated IAs with the CNSC, following the protocol outlined in Annex 3.

The CNSC will participate, to the extent possible, in all Crown consultation activities in all stages of the integrated IA process to uphold the honour of the Crown, meet the Crown’s Duty to Consult, and Accommodate obligations where appropriate. This involvement will encourage relationship building and seamless transition as the CNSC carries out its responsibilities to monitor project compliance with conditions throughout the entire life of the project.

As an outcome of the Planning Phase, the Agency and the CNSC will collaboratively develop the Indigenous Engagement and Partnership Plan, in consultation with potentially affected Indigenous groups, for each integrated IA to guide consultation activities with Indigenous groups during the IA process.

10. Timeline for impact assessment phase

The Agency will consult with the CNSC regarding the establishment of the following time limits for the integrated IA:

the time limit, after the day on which the notice referred to in subsection 19(4) of the IA Act is posted on the Public Registry, within which the review panel must submit a report to the Minister; and,
the time limit, after the day on which the review panel submits the report, within which the Agency must post on the Public Registry its recommendations under subsection 55.1(2) of the IA Act.

Prior to the Agency posting a copy of the notice of commencement of an integrated IA on the Public Registry, as per paragraph 37.1(2) of the IA Act, the Participants will discuss the need for a time limit longer than 300 days and the reasons for any such recommendation.

Time limits that are longer than 300 days should only be sought where appropriate due to the nature of the designated project.

The Agency will also consult with the CNSC prior to requesting an extension by the Minister or Governor in Council, to the time limits for the assessment, as per subsections 37(3), 37(4) or 65(5) of the IA Act.

11. Joint Agency-CNSC project team and secretariat

Upon submission of a proponent’s initial project description under the IA Act, the Participants will jointly set up a project-specific Project Team and Secretariat. The Project Team will support the conduct of the integrated IA during all phases of the assessment. The Secretariat will support the review panel in conducting the integrated IA on behalf of their respective organizations.

The Project Team and Secretariat will be composed and function in accordance with the terms set out in the protocol established in Annex 4.

12. Appointment of panel members

The CNSC and the Agency will work collaboratively on the panel member appointment process to ensure it is carried out in a timely and efficient manner and that the integrated review panel can fulfill the requirements under the IA Act and the NSCA.

In order to facilitate the appointment of panel members, the Agency and the CNSC commit to consult each other regarding a list of candidates, for the appointment of the chairperson and members of the review panel, following the procedure outlined in Annex 5.

13. Joint integrated impact assessments

Where a jurisdiction wishes to enter into an agreement to jointly conduct the IA of a designated project that also includes physical activities regulated under the NSCA, the Agency will consult the CNSC on elements with respect to an agreement with a jurisdiction for a joint integrated IA, such as appointments of panel members and the development of the panel’s Terms of Reference. This is in recognition that the Minister cannot enter into an agreement with the CNSC under section 39(2) of the IA Act, and in recognition of the objective to discharge regulatory requirements under the NSCA. The Agency will consult the CNSC on elements of a joint integrated IA, following the procedure outlined in Annex 8.

14. Cost sharing

Costs associated with integrated IAs will be apportioned between the Participants in accordance with the relevant regulations and a cost-sharing agreement to be finalized prior to the appointment of the review panel for each integrated IA.

15. Terms of the MOU

This MOU comes into effect upon the date of final signing by both Participants and remains in effect until withdrawn by either signatory upon 90 days’ notice in writing. The MOU and its annexes may be amended with the mutual written agreement of both Participants.

16. Annexes

The Participants agree to implement a set of guidance documents and procedures – annexes to this MOU (attached) – that set out the principles and details necessary to facilitate the implementation of integrated IAs.

The Participants may develop further agreements as annexes to this MOU as deemed necessary to facilitate the implementation of the arrangements made herein as required or appropriate.

17. Signatures

Original MOU signed on October 21, 2019 by:

David McGovern
President
Impact Assessment Agency of Canada

and

Rumina Velshi
President
Canadian Nuclear Safety Commission

Annex 1 - Information sharing and notification protocol

WHEREAS the Impact Assessment Agency of Canada (“the Agency”) and the Canadian Nuclear Safety Commission (“the CNSC”) – together, “the Participants” – have entered into an MOU on cooperation and collaboration with respect to implementing integrated impact assessment (IA) processes under the Impact Assessment Act (the IA Act) for designated projects regulated under the Nuclear Safety and Control Act (NSCA).

THEREFORE, the Agency and the CNSC will consult and work collaboratively, through efficient and effective cooperation, without unnecessary delays or duplication of effort, and in accordance with the provisions of the MOU and the procedures and guidance of this Annex with regard to information sharing and notification.

Purpose

This Annex sets out how the Agency and the CNSC will ensure information exchange and notification during all phases of an integrated IA process.

Scope

This Annex will apply to communication, notification and early and ongoing information sharing in all phases of a potential integrated IA involving designated projects regulated under the NSCA, including engagement, consultation, analysis, and preparatory work activities.

The roles and responsibilities of the Agency and the CNSC relating to an integrated IA process are in accordance with the IA Act and the NSCA, respectively.

Information sharing and notification

The Agency and the CNSC agree that reciprocal notification and early and ongoing information sharing is important to ensure that the principle of ‘one project, one assessment’ is followed in fulfilling the requirements under the IA Act and the NSCA. As such, the Agency and the CNSC agree, at a minimum, to notify each other at the key points outlined below.

Throughout the integrated IA process, the Agency will provide notification to the CNSC regarding planned and/or requested public engagement and Indigenous consultation activities as per the Public Engagement and Indigenous Consultation Annexes (Annexes 2 and 3).

Prior to the submission of an initial Project Description:

The Participants will notify each other if and when a prospective proponent contacts one of the participants for initial and early discussions on a potential designated project prior to the Planning Phase of the integrated IA process.
The Participants will collaborate on the review of early drafts of a Project Description to determine completeness and whether the information requirements of the Information Requirements and Time Management Regulations are met.
The Participants will collaborate on the determination of whether a proposed project is a designated project.
The Participants will share Crown Consultation knowledge as outlined in the Indigenous Consultation Annex (Annex 3).

During the Planning Phase:

The Agency will provide notification to the CNSC regarding when both the initial and detailed Project Descriptions have been accepted and posted on the Public Registry.
The Agency will provide notification to the CNSC regarding when the Summary of Issues, Tailored Impact Statement Guidelines, Plans and Notice of Commencement are posted on the Public Registry.

During the Impact Statement and Impact Assessment Phases:

The Participants agree to notify each other regarding any information received regarding the estimated timing for the submission of the Impact Statement / Licence Application.
The Participants agree to notify each other in advance of any bilateral meetings with the proponent or other participants in the integrated IA.
Following the receipt of the Integrated Review Panel report, the Agency will notify the CNSC as soon as possible if any additional potential IA conditions are required relating to the integrated IA or as a result of consultations with Indigenous groups beyond those potential IA conditions included in the report of the Integrated Review Panel.

During the Decision-Making Phase:

The CNSC will inform the Agency as soon as possible if it is not able to ensure the implementation of a specific mitigation measure or potential IA condition in order to allow that mitigation measure to be included in the IA Decision Statement issued under the IA Act.
The Agency will notify the CNSC prior to the submission of the Memorandum to Cabinet.
The Agency will notify the CNSC prior to the issuance of the IA Decision Statement under the IA Act, should the project be allowed to proceed.
Should the project receive a positive IA decision, the CNSC will notify the Agency prior to the issuance of a licence under the NSCA.

During the Post-Decision Phase:

The Participants agree to keep each other informed regarding:
- any proposed amendments to IA conditions that could result in changes to achieving the objectives of the conditions but not its scope and intent (e.g., new science, new technology); and
- any reported non-compliance regarding IA conditions in the licence issued under the NSCA, or, if applicable, the IA Decision Statement issued under the IA Act.

Points of contact

The CNSC and the Agency will each identify the point of contact to coordinate correspondence between the two organizations. These identified points of contact will ensure information exchange and notification during all phases of an integrated IA process.

The CNSC point of contact is the Director of the Environmental Assessment Division or his/her delegate. The Agency’s point of contact is the regional Project Manager for the proposed project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 2 - Public engagement and participation for integrated impact assessments

Definitions

In this Annex:

“Review Participant”, is defined broadly to mean anyone appearing at or participating in an integrated IA process, including public hearings, consistent with the CNSC’s Rules of Procedures.

Purpose

This Annex sets out how the Agency and the CNSC will ensure ongoing cooperation and collaboration with respect to engagement with review participants throughout an integrated IA under the IA Actand the NSCA.

Scope

This Annex will apply to public engagement activities during an integrated IA of a designated project regulated under the NSCA.

The roles and responsibilities of the Agency and the CNSC relating to an integrated IA are in accordance with the IA Act and the NSCA, respectively.

This Annex is intended to provide a flexible framework and will be adapted, as needed and appropriate, on a project-specific basis.

Principles of public engagement

Public participation is an essential part of open, informed and meaningful IA processes. The Agency and the CNSC commit to facilitate meaningful participation by the public and other review participants during integrated IAs. Meaningful public participation means that members of the public who wish to participate in an integrated IA have an opportunity to do so and are provided with the information that enables them to participate in an informed way.

The Agency and the CNSC agree that coordination of public engagement activities throughout all phases of an integrated IA process is important to ensure that the principle of ‘one project-one assessment’ is followed. Public engagement activities throughout the entire IA process will be coordinated by the Agency, in collaboration with the CNSC.

As a lifecycle regulator, the CNSC engages with stakeholders from initial engagement on a potential project, through to site preparation, construction, operation, decommissioning and abandonment. In the context of a designated project that includes physical activities regulated under the NSCA, the CNSC will participate in engagement processes jointly with the Agency throughout the entire integrated IA. This will assist the CNSC in strengthening existing relationships or building new ones that are important to the regulation of the proposed project over its entire lifecycle.

The Agency and the CNSC recognize that projects regulated by the CNSC may attract a high degree of interest from the public. The Agency and CNSC agree that flexibility will be required in developing the appropriate range of engagement activities throughout the integrated IA process in order to facilitate meaningful public participation. In developing the appropriate range of options, the Agency and the CNSC commit to developing a process that is open, inclusive and responsive to public needs.

The Agency and the CNSC agree that the integrated IA process will be informal and will, to the extent that it is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of the assessment.

Public engagement during the impact assessment

In order to facilitate meaningful public engagement in each phase of the integrated IA process, the Agency and CNSC agree to the following:

Early engagement

Following any early notification by a proponent that a Project Description is likely to be submitted under the IA Act, the Agency and the CNSC will begin discussions regarding appropriate engagement activities that will be undertaken during the Planning Phase, should an IA be required.

Where appropriate, consideration will be given to advancing public engagement activities prior to the submission of the initial Project Description in order to improve awareness of the integrated IA process.

Planning phase

The purpose of the engagement opportunity following the submission of the initial Project Description is to solicit input from review participants, regarding the issues of concern associated with the proposed project.

If the proponent has undertaken any engagement activities prior to the submission of the Project Description and has included a summary of the issues it has heard, this initial engagement will also be used to validate the information provided by the proponent.

The input received during this initial engagement period will be reflected in the Summary of Issues that will be provided to the proponent. The Agency and the CNSC will work together to develop the Summary of Issues.

The purpose of the second engagement period following the receipt of the proponent’s response to the Summary of Issues will be to further inform the development of the Tailored Impact Statement Guidelines and the Public Participation Plan. For transparency on how public comments submitted during this engagement period are addressed, the Agency and the CNSC will work together to develop in-depth responses to comments received on the draft Tailored Impact Statement Guidelines and the Public Participation Plan. These responses will be posted on the Public Registry and shared with the review participants.

Should an IA be required, the Agency and the CNSC will work together to develop the Public Participation Plan. The principles outlined in the Public Participation Plan will be integrated into the Terms of Reference for the Integrated Review Panel in order to provide a framework within which the Integrated Review Panel will engage with review participants during the integrated IA.

Impact statement phase

Following the referral of the IA to an Integrated Review Panel, a third engagement period will be held to further inform the development of the Integrated Review Panel’s Terms of Reference. The Agency and the CNSC will work together to develop in-depth responses to comments received on the draft Terms of Reference so that public comments submitted during this engagement period are addressed in a transparent manner. These responses will be posted on the Public Registry and shared with the review participants.

The purpose of the Impact Statement Phase is to ensure that the Impact Statement / Licence Application is appropriate to start a public comment period and includes the required information or studies, as specified in the Final Tailored Impact Statement Guidelines.

During the review of the Impact Statement / Licence Application, the Agency and CNSC will consult with review participants in order to validate information provided by the proponent.

Impact assessment phase

The Integrated Review Panel leads the detailed review of the information and studies provided in the Impact Statement / Licence Application during the Impact Assessment Phase. This phase includes the submission and testing of information, resolution of issues and development of mitigation measures and potential conditions. This phase will culminate in the preparation and submission of the Integrated Review Panel report, including recommendations, proposed conditions and conclusions.

The Integrated Review Panel will be responsible for designing its approach to public engagement taking into consideration the principles regarding meaningful engagement included in its Terms of Reference. At a minimum, the Integrated Review Panel will be required to solicit input from review participants at the following steps in its process:

request the views of review participants on the information contained in the Impact Statement / Licence Application,
request the views of review participants on draft procedures for the conduct of the public hearing, and
request the views of review participants on draft potential conditions for consideration by GIC in the IA decision statement and by the Panel as the Commission in the proposed NSCA licence, should the project be allowed to proceed.

Decision phase

As required, the public may be provided with an opportunity to comment on any additional mitigation measures or follow-up requirements that may be developed following the submission of the Integrated Review Panel report. As a result of outstanding issues identified by review participants, additional potential conditions may be developed by the Agency, in consultation with the CNSC.

General

In addition, the Agency and the CNSC agree to the following:

the Agency’s Public Registry will be used as the official record for the integrated IA, including as a repository for all information/evidence submitted by review participants during the integrated IA;
communications with review participants will be coordinated throughout the integrated IA, including prior to the Planning Phase;
appropriate technical expertise will be made available to inform review participants at appropriate stages of the integrated IA process; and,
communications products will be coordinated throughout the integrated IA process.

The Agency will be responsible for translating any documents it creates into both official languages of Canada prior to their posting on the Public Registry, including the translation of public notices and releases and the report prepared by the Integrated Review Panel. The Agency will use all reasonable efforts to expedite the translation of the report following its submission by the Integrated Review Panel.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate public communication and activities throughout the integrated IA. These identified points of contact will ensure coordination and that communication from both organizations avoids duplication and meets the public need for meaningful information.

The CNSC point of contact is the Director, Environmental Assessment Division for the designated project or his/her delegate. The Agency’s points of contact are the regional Project Manager (during the Planning Phase) and the Panel Manager (for all subsequent phases) for the review of the proposed project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 3 - Roles and responsibilities for crown consultation in integrated impact assessment processes

1.1. Definitions

In this Annex:

“Indigenous peoples” has the same meaning as “Aboriginal peoples of Canada” as defined by section 35 of the Constitution Act, 1982.

1.2. Purpose

The purpose of this Annex is to outline the roles and responsibilities in relation to each Participant’s role with respect to the Crown’s duty to consult and, as appropriate, accommodate Indigenous peoples in relation to designated projects subject to an integrated IA process.

1.3. Roles of other participants

The roles of other key participants with respect to Crown consultation activities within an integrated IA process, including federal authorities, the project proponent and Indigenous peoples, will vary depending on various factors. These roles and participation opportunities will be elaborated during the Planning Phase of an integrated IA, including through the Indigenous Engagement and Partnership Plan (IEPP) and group-specific consultation plans, as appropriate.

The role of the Integrated Review Panel with respect to assessing the potential impacts of a designated project on Aboriginal and/or Treaty rights will be outlined in the Terms of Reference for the Integrated Review Panel (refer to Annex 6).

2. Impact Assessment Agency of Canada's role in Crown consultation

2.1. Overview

The Agency will lead Crown Consultation activities with Indigenous peoples during integrated IAs and will coordinate a whole of government approach to integrating Crown consultation into the integrated IA process. The Agency will:

lead a Crown Consultation Team throughout the integrated IA pursuant to the Agency’s and other relevant policies, guidance and tools for Crown consultation and Indigenous engagement, and coordinate the participation of the CNSC, federal authorities and other jurisdictions in consultation activities with potentially affected Indigenous groups;
serve as primary point of contact in respect of the consultation process, coordinate communication and consultation between potentially affected Indigenous groups and other Crown participants, and facilitate communication between Indigenous groups and the proponent as appropriate;
maintain and share the Crown record of consultations with the CNSC, federal authorities and the Panel for their use; and
transfer the Crown record of consultation to the CNSC and federal authorities following the issuance of the IA Decision Statement.

2.2. Planning phase

The Agency, in collaboration with the CNSC, will provide guidance to proponents on early engagement with potentially affected Indigenous groups and Indigenous jurisdictions, leading up to the submission of an initial Project Description to the Agency.

Following submission of an initial Project Description, the Agency will lead the collaborative planning of an appropriately scaled, resourced and flexible Crown consultation process with respect to the integrated IA involving all relevant federal authorities. A Crown Consultation Team will be established for the integrated IA comprised of staff from the Agency, CNSC and appropriate federal authorities.

Key activities that will be undertaken in collaboration with the CNSC include:

conducting preliminary research and analysis required to inform whether and to what extent, a legal duty to consult may apply in respect of contemplated decision making under the IA Act and NSCA, based on information provided by the proponent in its initial Project Description;
working with the proponent, federal and provincial authorities and other jurisdictions, as appropriate, to identify Indigenous groups for consultation that may be affected by a project (breadth of consultation assessment);
conducting a preliminary assessment of the nature, scope and content of Aboriginal and/or Treaty rights that may be exercised by Indigenous groups within the area potentially affected by the project, and a preliminary assessment of potential adverse impacts of the project on the identified Aboriginal and/or Treaty rights;
applying these preliminary assessments to inform the depth of the consultation process identified as appropriate for each Indigenous group;
identifying any agreements or protocols entered into by the Crown and Indigenous groups that must be respected and followed;
assembling background information on Indigenous group participants and current Crown-Indigenous relationships to enable all consultation team members to gain familiarity with traditions, history or unique cultural features of each community the Crown will be consulting with
initiating and maintaining the record of Crown consultation; and
identifying and tracking issues raised by Indigenous groups in comments and feedback received on the initial Project Description.

If an integrated IA is required, the Agency will work collaboratively with Indigenous groups, the CNSC, federal authorities and other jurisdictions to develop and implement the IEPP.

The Agency, in collaboration with the CNSC, will seek comments and input from Indigenous groups on the development of all relevant planning documents, in particular the Tailored Impact Statement Guidelines and any group-specific consultation plans.

At the end of the Planning Phase, the Agency will, in collaboration with the CNSC:

update as necessary the preliminary breadth and depth of consultation assessment, including the initial assessment of potential adverse impacts of the designated project on Aboriginal and/or Treaty rights;
share with Indigenous groups the Notice of Commencement and the finalized plans developed in the Planning Phase; and
invite Indigenous groups to submit applications for participant funding for the subsequent phases of the integrated IA, and share next steps in the process including referral of the IA to an Integrated Review Panel.

At the end of the Planning Phase, the Agency will collaborate with the CNSC and participating federal authorities in considering the adequacy of the IA and consultation approach for being able to address the interests and concerns raised by the identified Indigenous groups with respect to the designated project. This procedural step will assist in identifying a potential accommodation mandate for the Crown Consultation Team in order to address the interests and concerns of identified Indigenous groups. The IEPP will also help inform the overall design of the IA process including management of timelines and key process steps required to implement the IEPP and a meaningful consultation process.

2.3. Impact statement phase

Key activities that will be undertaken in collaboration with the CNSC include:

the Agency will invite Indigenous groups to provide comments on the draft Panel Terms of Reference, suggest individuals for consideration for appointment to the Integrated Review Panel, and solicit feedback on requirements for Indigenous language translation at the public hearing;
the Agency will notify Indigenous groups of funding to support their participation in the subsequent phases of the IA process, consistent with the IEPP and any group-specific consultation plans;
the Agency, along with the Crown Consultation Team, will identify and track potential mitigation measures and other accommodation measures based on a preliminary review of the proponent’s Impact Statement / Licence Application and issues raised by Indigenous groups to that point in the process;
the Agency, along with the Crown Consultation Team, will maintain an ongoing two-way dialogue throughout the Impact Statement Phase and work with Indigenous groups to support the implementation of the IEPP and any group-specific consultation plans, as appropriate;
the Agency will invite Indigenous groups to comment on the proponent’s Impact Statement / Licence Application to help inform the decision on whether the information or studies required have been provided by the proponent;
at the end of the Impact Statement Phase, the Agency, in collaboration with the Crown Consultation Team, will communicate any required updates to Indigenous groups including implementation of the IEPP, any group-specific consultation plans incorporation of Indigenous knowledge, and any required updates to the Crown’s preliminary assessment of potential adverse impacts on Aboriginal and/or Treaty rights (based on information gathered during the Impact Statement Phase); and
the Agency will also begin to develop and consult on a draft Crown Consultation and Accommodation Report.

2.4. Impact assessment phase

Following the establishment of the Integrated Review Panel, key activities that will be undertaken in collaboration with the CNSC include:

the Agency, along with the Crown Consultation Team, will maintain an ongoing two-way dialogue and work with Indigenous groups to support the implementation of the IEPP and any group-specific consultation plans, as appropriate;
the Agency will notify Indigenous groups of the appointment of the Integrated Review Panel members and share the final Terms of Reference for the Integrated Review Panel;
the Agency will encourage Indigenous groups to participate in the Integrated Review Panel process and provide notification of public hearing dates;
the Agency, along with the Crown Consultation Team, will monitor the record of the integrated review to maintain awareness of issues raised by Indigenous groups, and proposals related to avoiding, mitigating or otherwise accommodating potential adverse impacts on the exercise of Aboriginal and/or Treaty rights;
the Agency, along with the Crown Consultation Team, will participate in the public hearing by providing input to the Integrated Review Panel as appropriate or as requested by the Integrated Review Panel. Input to the Panel may include information on potential mitigation measures and other accommodation measures, or submission of the draft Crown Consultation and Accommodation Report or elements thereof;
the Agency will track the development of and consultation by the Integrated Review Panel on draft potential conditions in respect of the designated project;
the Agency, along with the Crown Consultation Team, will respond to information requests within the Integrated Review Panel process and to issues raised by Indigenous groups outside the integrated IA in respect of consultation-related matters;
after the close of the Panel’s record of the review, the Agency, along with the Crown Consultation Team, will:
- collaborate to the extent possible with potentially affected Indigenous groups, in assessing the potential impacts of the project on Aboriginal and/or Treaty rights;
- lead a series of meetings with Indigenous groups, as required, to conduct two-way dialogue on potentially outstanding issues and any proposals to address these outstanding issues; and
- coordinate a whole-of-government ‘gap analysis’ of proposed mitigation and/or accommodation measures in the context of potential impacts on the exercise of Aboriginal and/or Treaty rights, and develop Crown responses to issues raised that may fall outside of the Panel’s Terms of Reference;
the Agency will notify Indigenous groups when the report of the Integrated Review Panel is released and plans for consultation following the close of the Panel’s record of review;
as appropriate following public release of the Integrated Review Panel Report, the Agency, along with the Crown Consultation Team, will:
- share with Indigenous groups any required updates related to the implementation of the IEPP and/or group-specific consultation plans;
- consult on the Integrated Review Panel Report;
- if there are outstanding issues and/or gaps identified in the Integrated Review Panel Report or by potentially affected Indigenous groups, consult on any additional recommended potential conditions that may be required for the Minister of the Environment’s (the Minister) IA Decision Statement and the Commission’s potential licence;
- consult on any proposals for other accommodation measures in respect of potential adverse impacts on the exercise of Aboriginal and/or Treaty rights;
- continue to develop and consult on a draft Crown Consultation and Accommodation Report; and
- consult on a draft IA Decision Statement.
using the draft Crown Consultation and Accommodation Report as the primary vehicle, the Agency, along with the Crown Consultation Team, will share with Indigenous groups, the Crown’s detailed assessment of potential adverse impacts on the exercise of Aboriginal and/or Treaty rights (based on information gathered during the Impact Assessment Phase), as well as any recommended potential conditions or other accommodation measures to address outstanding issues or adverse impacts;
the Agency will coordinate the evaluation of the adequacy of the Crown’s consultation efforts to date, with input from the CNSC, participating federal authorities, and as required, the Department of Justice;
based on consideration of all comments received on the draft Crown Consultation and Accommodation Report, the Agency will finalize the report, coordinate the response to any outstanding issues not already addressed in the Integrated Review Panel Report and Crown Consultation and Accommodation Report, and share with Indigenous groups as appropriate;
the Agency will submit the Crown Consultation and Accommodation Report and recommendations (including draft IA Decision Statement) to the Minister and invite Indigenous groups to submit their own independent submissions directly to the Minister and/or Governor-in-Council to help inform federal decision making in respect of the designated project;

2.5. Decision making phase

Key activities that will be undertaken in collaboration with the CNSC include:

the Agency will coordinate consultation-related input and advice to the Minister and Governor-in-Council, including the outcomes of the Crown’s impacts-on-rights assessment, summary of Crown Consultation and Accommodation Report, consultation adequacy and any recommendations for other accommodation that may be required to fulfill the duty to consult, enhance relationships and foster reconciliation; and
the Agency will continue to provide procedural updates to Indigenous groups about the Decision Making and potential Post-Decision Making phases up to a decision is announced, including the transfer of Crown consultation responsibilities to the CNSC, as appropriate.

2.6. Follow-up, monitoring and compliance & enforcement phase

The Agency will transfer the lead role for Crown consultation to the CNSC, with relationship management efforts to ensure a smooth transition including meetings as appropriate to facilitate ongoing Crown-Indigenous relationships with appropriate Crown participants for the regulatory phase. The Agency will also ensure the Crown record of consultation is made available to the CNSC and federal authorities for their ongoing use.

The Agency, along with the Crown Consultation Team, will discuss and document any lessons learned to support continuous improvement.

3. Canadian Nuclear Safety Commision's role in Crown consultation

3.1. Overview

The CNSC will serve as a technical expert federal authority as part of the Crown Consultation Team throughout the IA, and coordinate participation of relevant staff from the CNSC in consultations with Indigenous groups to ensure that the Commission, as an Agent of the Crown, meets its duty to consult, and, as appropriate, accommodate in relation to any licensing decisions as part of the integrated IA process.

The CNSC will share with the Agency any applicable consultation-related procedures or features of its licensing basis for a regulated facility including the CNSC’s application of REGDOC-3.2.2, Indigenous Engagement, to ensure alignment of any early engagement activities conducted by the Agency or the CNSC including the potential for joint Agency-CNSC meetings with Indigenous groups in respect of a potential designated project.

3.2. Planning phase

The CNSC will assist the Agency in providing guidance to proponents on early engagement with potentially affected Indigenous groups, and Indigenous jurisdictions, leading up to the submission of an initial Project Description to the Agency.

Following submission of an initial Project Description, the CNSC will participate in the collaborative planning of an appropriately scaled, resourced and flexible Crown consultation process with respect to the integrated IA. Key activities include:

assigning CNSC staff to the Crown Consultation Team for the integrated IA;
contributing to preliminary research and analysis led by the Agency to inform whether and to what extent, a legal duty to consult may apply in respect of contemplated decision making under the IA Act and NSCA based on information provided by the proponent in its initial Project Description;
working with the Agency, proponent, federal and provincial authorities and other jurisdictions as appropriate to identify Indigenous groups for consultation that may be affected by a project (breadth of consultation assessment);
contributing to a preliminary assessment of the nature, scope and content of Aboriginal and/or Treaty rights that may be exercised by Indigenous groups within the area potentially affected by the project and a preliminary assessment of potential adverse impacts of the project on these Aboriginal and/or Treaty rights;
contributing to the application of these preliminary assessments to inform the depth of the consultation process identified as appropriate for each Indigenous group;
identifying any agreements or protocols entered into by Canada or the CNSC and Indigenous groups that must be respected and followed;
reviewing background information on Indigenous group participants and current Crown-Indigenous relationships to gain familiarity with traditions, history or unique cultural features of each community the Crown will be consulting with;
assisting in identifying key issues raised by Indigenous groups in comments and feedback received during the Planning Phase;
contributing to the record of Crown consultation as appropriate by providing any details of CNSC interactions with Indigenous groups in respect of the designated project, when the Agency may not be a participant;
If an integrated IA is required, working collaboratively with the Agency, Indigenous groups, federal authorities and other jurisdictions to develop and implement the IEPP and any group-specific consultation plans;
participating as part of the Crown Consultation Team in all meetings with Indigenous groups to build relationships, discuss issues raised, and address issues and concerns raised regarding the CNSC’s regulatory process and life-cycle regulatory role; and
review the proposed design of the subsequent phases of the integrated IA process including timelines and the roles and responsibilities of the CNSC.

3.3. Impact assessment phase

Key activities that the CNSC will participate in include:

assist the Agency in implementing relevant aspects of the IEPP and group-specific consultation plans, including participation in all consultation meetings with Indigenous groups, identifying and tracking potential mitigation or other accommodation measures, based on a preliminary review of the proponent’s Impact Statement / Licence Application;
support the Agency in reviewing comments received on the draft Panel Terms of Reference from Indigenous groups, including suggestions of individuals for consideration for appointment to the Integrated Review Panel, and feedback on requirements for Indigenous language translation at the public hearing;
support the Agency in reviewing comments on the proponent’s Impact Statement / Licence Application received from Indigenous groups to help inform the decision on whether the information or studies required have been provided by the proponent; and
contribute to the development and consultation on a draft Crown Consultation and Accommodation Report.

3.4. Impact assessment phase

Following the establishment of the Integrated Review Panel, the CNSC will, as part of the Crown Consultation Team:

monitor the record of the review to maintain awareness of issues raised by Indigenous groups and proposals related to avoiding or mitigating potential impacts on the exercise of Aboriginal and/or Treaty rights;
support the Agency in responding to information requests within the Integrated Review Panel process and to issues raised by Indigenous groups outside the integrated IA in respect of consultation-related matters;
after the close of the record of the review, participate in meetings with Indigenous groups as required to conduct two-way dialogue on potentially outstanding issues and any proposals for potential additional conditions or other accommodation measures based on the ongoing assessment of the adequacy of proposed mitigation measures to address potential impacts on the exercise of Aboriginal and/or Treaty rights;
following public release of the Integrated Review Panel Report:
- consult on the Integrated Review Panel Report,
- if there are outstanding issues and/or gaps identified in the Integrated Review Panel Report or by potentially affected Indigenous groups, consult on any additional recommended potential conditions for the Minister’s IA Decision Statement and the Commission’s potential licence;
- consult on any proposals for or other accommodation measures in respect of potential adverse impacts on the exercise of Aboriginal and/or Treaty rights;
- assist in the continued development of and consultation on a draft Crown Consultation and Accommodation Report; and
- consult on a draft IA Decision Statement.
participate in the Agency-led evaluation of the adequacy of the Crown’s consultation efforts to date including specific consideration of contemplated action by the Integrated Review Panel as decision-maker under the NSCA; and contribute to the development of responses to Indigenous groups for any outstanding issues not already addressed in the Integrated Review Panel Report and Crown Consultation and Accommodation Report, and assist in updating Indigenous groups on the potential next steps following issuance of the IA Decision Statement

3.5. Decision making phase

The CNSC will, as part of the Crown Consultation Team:

contribute to advice to the Minister and Governor-in-Council on consultation adequacy and any recommended measures or actions that may be required to fulfill the duty to consult, enhance relationships and foster reconciliation.

3.6. Follow-up, monitoring and compliance & enforcement phase / regulatory phase

Following the issuance of a decision statement for a designated project, the Agency will share the Crown record of consultation with the CNSC, and identify the CNSC as Crown Consultation Lead for the regulatory phase, with relationship management efforts coordinated with the Agency and federal authorities to facilitate ongoing Crown/Regulator-Indigenous relationships.

The CNSC will also notify Indigenous groups of issuance of a licence pursuant to the NSCA and the role of Indigenous groups in any next steps of the process.

As the lead for ongoing follow-up monitoring and compliance and enforcement activities, the CNSC will:

monitor implementation of key mitigation measures, IA and licence conditions, including requirements for on-going engagement between the project proponent and identified Indigenous groups and any other accommodation measures to validate Crown conclusions on potential impacts on rights;
be responsive to issues raised by Indigenous groups and pursue ongoing engagement and collaboration opportunities as appropriate;
contribute to the establishment of Monitoring Committees involving Indigenous groups, as appropriate; and
make participant funding available for any ongoing engagement or consultation activities in relation to the life-cycle regulation of the project, where appropriate.

As part of the Crown Consultation Team for the integrated IA, the CNSC will contribute to the discussion and documentation of any lessons learned to support continuous improvement.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate Crown consultation and engagement activities throughout the integrated IA. These identified points of contact will ensure coordination and that communication from both organizations avoids duplication.

The CNSC point of contact is the Director, Environmental Assessment Division for the designated project. The Agency’s point of contact is the regional Project Manager or Consultation Lead, as appropriate, for the designated project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 4 - Project team and panel secretariat for integrated impact assessments

Definitions

In this Annex:

Purpose

This Annex sets out how the Agency and the CNSC will support project-specific integrated IAs that include physical activities that are regulated under the NSCA, including the following:

a Project Team, to provide support to the conduct of the integrated IA prior to the appointment of an Integrated Review Panel; and,
a Panel Secretariat, to provide support to the Integrated Review Panel following its appointment.

Scope

This Annex will apply to the functions of the Project Team and Panel Secretariat during integrated IAs for designated projects that include physical activities regulated under the NSCA. The roles and responsibilities of the Agency and the CNSC relating to an integrated IA process are in accordance with the IA Act and the NSCA, respectively.

A Project Team and Panel Secretariat for joint integrated IAs with other jurisdictions will be governed by project-specific panel review agreements (refer to Annex 8). Terms described therein may provide guidance for the development of such agreements.

Project team

A Project Team will be formed during the Planning Phase, consisting of professional, scientific, technical or other Agency and CNSC personnel necessary for the purposes of providing support to the conduct of the integrated IA.

Panel secretariat

A Panel Secretariat will be formed consisting of professional, scientific, technical or other Agency and CNSC personnel necessary for the purposes of providing support to an Integrated Review Panel. The CNSC Secretary and an Agency Panel Manager (or their respective designate) will act as co-managers to a Panel Secretariat.

Subject to the direction of the Integrated Review Panel, a Panel Secretariat’s advisory and administrative responsibilities include, but are not limited to, the following:

coordinating logistical arrangements for the Integrated Review Panel including transcripts, simultaneous translation, travel arrangements, venue rentals, scheduling of oral presentations, drafting agendas, preparing public announcements;
communicating with review participants including the proponent, government departments, Indigenous groups, media and the public;
providing scientific and technical support as directed by Integrated Review Panel members;
maintaining the project file and the internet site component of the Public Registry during the course of the panel review in a manner that provides for convenient public access and for the purposes of compliance with sections 104 and 105 of the IA Act; and,
acting as recording secretaries and assisting with the drafting of records of decision as directed by the Integrated Review Panel members.

The personnel who comprise a Panel Secretariat will not be considered to be participants in the assessment. Activities of these personnel in response to requests from the Integrated Review Panel are separate from the technical review during the Impact Assessment Phase being undertaken by the CNSC and the Agency.

The CNSC and the Agency will provide staff to be a part of the Panel Secretariat for the purposes of serving as advisors to the Integrated Review Panel and providing professional and administrative support. The Agency will also provide media relations / communications experts and staff to maintain the Public Registry to be part of the Panel Secretariat.

The Panel Secretariat activities are carried out under the exclusive and sole direction of the Integrated Review Panel.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate establishment and maintenance of the Panel Secretariat. These representatives will ensure coordination and communication from both organizations to ensure timely support to Integrated Review Panels.

The CNSC point of contact is the Commission Secretary or his/her delegate. The Agency’s point of contact is the Director, Review Panels Division or, once the Integrated Review Panel is established, the Panel Manager. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 5 - Appointments to rosters and review panels for integrated impact assessments

WHEREAS the Impact Assessment Agency of Canada (“the Agency”) and the Canadian Nuclear Safety Commission (“the CNSC”) – together, “the Participants” – have entered into an MOU on cooperation and collaboration with respect to implementing integrated impact assessment (IA) processes under the Impact Assessment Act (the IA Act) for designated projects regulated under the Nuclear Safety and Control Act (NSCA).

Purpose

This Annex sets out how the Agency and the CNSC will cooperate:

in the establishment of a roster of persons for potential appointment to integrated review panels; and,
on the appointment of persons to integrated review panels that fulfill requirements under the IA Act and the NSCA.

Legislative provisions

Subsection 42(c) of the IA Act sets a legislative deadline for the Agency to appoint a review panel – within 45 days after the Agency determines that the proponent has provided all of the information or studies required.

Subsection 44(3) of the IA Act requires the appointment of at least one person from the CNSC roster to the review panel, where a designated project subject to an IA includes physical activities regulated under the NSCA.

Paragraph 50(a) of the IA Act requires the Minister of the Environment (the Minister) to establish a roster of persons who may be appointed to a review panel, including an Integrated Review Panel with the CNSC.

Paragraph 50(b) requires the Minister to establish a roster of persons from the CNSC (CNSC roster) for appointment to an Integrated Review Panel. Subsection 50(2) requires the Minister to establish this roster in consultation with the Minister of Natural Resources.

Roles and responsibilities

Establishment of the CNSC roster

The CNSC and the Agency will work collaboratively in the early identification of potential candidates and in the preparation of information for the Agency to make recommendations to the Minister regarding appointments to the CNSC roster.

The CNSC will identify potential roster candidates from its permanent and temporary Commission members and provide the relevant biographical information to the Agency. The CNSC will inform its permanent and temporary Commission members that they are being considered for the CNSC roster established for the purposes of integrated review panels under the IA Act.

The Agency will use information provided by the CNSC to prepare and make recommendations to the Minister regarding appointments to the CNSC roster. The Agency will consult with Natural Resources Canada (NRCan) and the Minister of Natural Resources on the recommendations to the Minister.

The CNSC will inform the Agency if amendments to the CNSC roster are necessary for reasons that include but are not limited to the appointment of a new Commission member, the resignation of an existing member or the non-availability of a Commission member.

Establishment of the Agency roster

The Agency will seek to have its existing roster under the Canadian Environmental Assessment Act, 2012 affirmed as the Agency roster, under the IA Act. The Agency will provide the biographical information of its existing roster members to the CNSC. The CNSC and the Agency will work collaboratively in the early identification of potential candidates and in the preparation of information for the Agency to make recommendations to the Minister regarding appointments to the Agency roster.

Review Panel Appointments

Preparations for Integrated Review Panel appointments will begin as soon as the Agency and the CNSC have real and constructive knowledge of a specific project proposal. The CNSC will notify NRCan Portfolio Management so that it can begin to work with the Privy Council Office to ensure timely Governor-in-Council appointments under the NSCA.

The Agency will identify potential candidates, in consultation with the CNSC, for the Integrated Review Panel from the Agency roster (appointed by the Minister under paragraph 50(a) of the IA Act) that may be available and are likely to be qualified candidates. Where there are no available or qualified roster members, the Agency will, in consultation with CNSC, identify other individuals for consideration as candidates for the Integrated Review Panel.

The Agency agrees to consult and seek recommendations from the President of the CNSC for the appointment of any person from the CNSC roster. The CNSC will identify potential candidates from the CNSC roster, in consultation with the Agency, that are likely to be available and qualified for the Integrated Review Panel. In the event no member is available from the CNSC roster, the CNSC will be able to identify a potential candidate from the roster appointed by the Minister, or, where there are no available or qualified roster members, the CNSC will in consultation with the Agency, identify other individuals for consideration as candidates for the Integrated Review Panel.

In recognition of the intended objective of ‘one project, one assessment’ to discharge the requirements of the IA Act and the NSCA, the Agency and the CNSC will cooperate on the recommendation that all the members of the Integrated Review Panel are also appointed as temporary members of the Commission under the NSCA, subject to Governor-in-Council approval.

The Agency will assess potential review panel candidates as early as possible in the integrated IA process. The assessment will ensure that potential panel members are unbiased and are free from conflict of interest relative to the designated project, and that the Integrated Review Panel has an appropriate mix of expertise and capacity, including the ability to conduct the public hearing in the relevant official language of Canada.

Non-roster candidates will be identified for panel appointment in the event that there are no available candidates from either the Agency or CNSC roster. The Agency will recommend individuals to the Minister, including undertaking the consultative steps required for any panel appointment. NRCan will also be consulted on the names of the potential candidates who are not from the CNSC roster so that the Minister of NRCan may recommend candidates to the Governor-in-Council for the purposes of their appointment as temporary Commission members under the NSCA. The Agency will appoint the members of the Integrated Review Panel once the Governor-in-Council appointments process is complete.

The Agency, in collaboration with the CNSC, will invite Indigenous groups to suggest individuals for consideration for appointment to the Integrated Review Panel, as early as possible in the integrated IA process.

In the case of an integrated IA that is also to be carried out jointly with a jurisdiction, the jurisdiction will identify potential candidates for consideration for appointment to the Integrated Review Panel, in consultation with the Agency and the CNSC.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate establishment and maintenance of the Commission Roster and for review panel appointments. These representatives will ensure coordination and communication from both organizations to ensure timely appointments to integrated review panels.

The CNSC point of contact is the Commission Secretary or his/her delegate. The Agency’s point of contact is the Director, Review Panels Division. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 6 - Development of conditions for integrated impact

Purpose

This Annex sets out the process for the development of conditions for integrated IAs for designated projects that include physical activities regulated under the NSCA.

Legislative provisions

Subsection 51(1) of the IA Act requires the review panel to prepare a report that sets out the review panel’s rationale, conclusions and recommendations.

Subsection 55.1(1) and (2) of the IA Act requires the Agency to make and post recommendations to assist the Minister of the Environment (the Minister) in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55.

Subsection 64(1) of the IA Act requires the Minister to establish any condition he or she considers appropriate in relation to the adverse effects within federal jurisdiction.

Subsection 64(2) of the IA Act requires the Minister to establish any condition he or she considers appropriate – that is directly linked or necessarily incidental to the exercise of a power, or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part in relation to the adverse direct or indirect incidental effects with which the proponent must comply.

Paragraph 64(4)(a) of the IA Act requires that the conditions established by the Minister must include the implementation of the mitigation measures that the Minister takes into account in making a decision under paragraph 60(1)(a) other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction, including the CNSC.

Subsection 65(1) of the IA Act states the Minister must issue a decision statement to the proponent informing the proponent of the decision made under the IA Act in relation to the designated project. The decision statement includes any conditions with which the proponent must comply.

Subsection 67(1) of the IA Act authorizes the Minister to, in a decision statement issued in relation to a designated project under the NSCA, designate conditions in the decision statement as part of a licence issued under section 24 of the NSCA.

Subsection 68(1) of the IA Act authorizes the Minister to amend a decision statement to add, or remove a condition, to amend any condition or modify the designated project’s description.

Subsection 68(4) of the IA Act prohibits the Minister from amending or removing a condition that has been designated to be part of a licence issued under section 24 of the NSCA. The Minister is also not permitted to designate any conditions added to the decision statement.

Subsection 79(2) of the Species at Risk Act requires that the adverse effects of a project on a listed wildlife species and its critical habitat be identified, and if the project is carried out, requires that measures be taken to avoid or lessen the effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans.

Process for the development of conditions

The Agency will, in consultation with the CNSC, provide guidance to the Integrated Review Panel on the process for developing potential conditions that would be recommended for consideration to be a part of the decision statement issued to a proponent by the Minister, and in the proposed NSCA licence, should the project be allowed to proceed. Guidance provided by the Agency will be made available on the Public Registry. The Panel Secretariat may also provide support to the Integrated Review Panel.

In order to fulfill the requirements of the IA Act and the NSCA, the Integrated Review Panel will identify the mitigation measures and develop potential conditions during the integrated IA process and make the potential conditions available for comment. To the extent possible, the input from the Agency, the CNSC, federal authorities, other government agencies, the public and Indigenous groups on the potential conditions will be provided to the Integrated Review Panel through the IA process. Any such information provided to the Integrated Review Panel will be posted on the Public Registry. The Integrated Review Panel will be encouraged to identify in its report those mitigation measures that it considers the responsibility of the CNSC to ensure implementation by the proponent.

The CNSC agrees, to the greatest extent possible, to ensure the implementation of mitigation measures and the potential IA conditions included as recommendations in the Integrated Review Panel’s report into the licence issued under section 24 of the NSCA. Should the CNSC feel that it is not able to ensure the implementation of a specific mitigation measure or potential IA condition, it will notify the Agency as soon as possible so that the mitigation measure can be included in the decision statement issued under the IA Act.

The Agency agrees to consult with the CNSC regarding any additional potential IA conditions it is of the opinion are required, including:

any additional potential IA conditions that are identified after reviewing the draft conditions released by the Integrated Review Panel; and
any additional potential IA conditions relating to Indigenous consultation that arise as a result of consultations with Indigenous groups following the release of the Integrated Review Panel’s report.

Prior to recommending potential conditions to the Minister for inclusion in the decision statement, the Agency will consult with the CNSC regarding all potential conditions, including those that are to be designated to be part of the licence issued under section 24 of the NSCA.

The compliance verification and enforcement of any conditions, established by the Minister under section 64 of the IA Act and identified in the decision statement as designated to be part of the licence issued under section 24 of the NSCA, will be undertaken by the CNSC.

The Agency and the CNSC agree to keep each other informed regarding:

any proposed amendments to IA conditions that could result in changes (e.g., new science, new technology) to achieving the objectives of the conditions but not its scope and intent; and,
any reported non-compliance regarding IA conditions in the licence issued under section 24 of the NSCA, or, if applicable, in the decision statement issued under the IA Act.

Points of contact

The CNSC and the Agency will each identify the point of contact to coordinate correspondence between the two organizations.

The CNSC point of contact is the Director of the Environmental Assessment Division or his/her delegate. The Agency’s point of contact is the Manager, Decision Statements. The participants will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Annex 7 - Panel terms of reference for a project-specific integrated impact assessment

Purpose

This Annex sets out the roles and responsibilities of the Agency and CNSC with respect to implementing an integrated IA process of a designated project that includes physical activities regulated under the NSCA. The roles and responsibilities of the Agency and the CNSC relating to an integrated IA process are in accordance with the IA Act and the NSCA, respectively.

This Annex also provides generic terms of reference as a basis for the development of future draft project-specific terms of reference for Integrated Review Panels established under the IA Act. The Participants agree that the details of the generic terms of reference can be modified, as required, to suit the specific requirements of each integrated IA.

Legislative provisions

Paragraph 44(1) of the IA Act will require the Minister of the Environment (the Minister) to establish a terms of reference for a review panel, established with the CNSC under section 44 of the IA Act, in consultation with the President of the CNSC.

Section 49 of the IA Act will require the Minister, in establishing a terms of reference, to consider, among other things, the Summary of Issues and any information or knowledge made available by a federal authority, as provided by the Agency to the proponent during the Planning Phase.

Subsections 51(1) and 51(2) of the IA Act outlines the duties of a review panel established with the CNSC under section 44 of the IA Act.

Roles and responsibilities

The Participants agree to work cooperatively to implement integrated IA processes. In particular:

The Agency will consult the CNSC on the development of the project-specific terms of reference for an Integrated Review Panel;
The CNSC will provide support to the conduct of the integrated IA, including providing specialist information and knowledge to the Integrated Review Panel on the record of the review, as outlined in Annex 4;
The CNSC will provide staff for the Secretariat that will support the Integrated Review Panel, as outlined in Annex 4;
The CNSC and the Agency will work collaboratively on the panel member appointment process to ensure it is carried out in a timely and efficient manner and that the Integrated Review Panel can fulfill the requirements under the IA Act and the NSCA, as outlined in Annex 5; and,
The Agency and the CNSC will share costs for conducting an integrated IA. The details of a cost-sharing agreement will be negotiated between the Agency and the CNSC on a project-specific basis.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate the establishment of project-specific terms of reference for Integrated Review Panels. These identified points of contact will ensure coordination and that communication from both organizations to ensure the timely development of project-specific terms of reference for Integrated Review Panels.

The CNSC point of contact is the Director, Environmental Assessment Division for the designated project or his/her delegate. The Agency’s points of contact is the Panel Manager for the review of the proposed project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.

Integrated Review Panel Terms of Reference - Generic [project name] Project

Definitions

Definitions of terms used in these Terms of Reference are listed in Appendix 1.

Part 1 Description of the project

1.1. [xxx] (the proponent) proposes to develop and operate the [name of Project] located [xx] kilometers (km) [direction, e.g. southwest] of [known community, province]. The Project consists of
[summary project description]

Part 2 Scope of Assessment by the integrated review panel

2.1. The Integrated Review Panel (the Panel) will conduct an impact assessment of the Project referred to in the Scope of the Project (Part 1) in a manner consistent with the requirements of the Impact Assessment Act(the IA Act), the Nuclear Safety and Control Act (NSCA) and these Terms of Reference.
2.2. The assessment by the Panel will include a consideration of the following factors listed in subsection 22(1) of the IA Act:
- a) 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:
  - (i) the effects of malfunctions or accidents that may occur in connection with the designated project,
  - (ii) 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
  - (iii) the result of any interaction between those effects;
- b) mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
- c) 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;
- d) the purpose of and need for the designated project;
- e) 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;
- f) any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
- g) Indigenous knowledge provided with respect to the designated project;
- h) the extent to which the designated project contributes to sustainability;
- i) 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;
- j) any change to the designated project that may be caused by the environment;
- k) the requirements of the follow-up program in respect of the designated project;
- l) considerations related to Indigenous cultures raised with respect to the designated project;
- m) community knowledge provided with respect to the designated project;
- n) comments received from the public;
- o) comments from a jurisdiction that are received in the course of consultations conducted under section 21 of the IA Act;
- p) any relevant assessment referred to in section 92, 93 or 95 of the IA Act;
- q) 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;
- r) 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 of the IA Act — that is in respect of a region related to the designated project and that has been provided with respect to the project;
- s) the intersection of sex and gender with other identity factors
2.3. In addition to the factors listed above, pursuant to paragraph 22(1)(t) of the IA Act, the Agency requires the following matters that are relevant to the impact assessment to be taken into account:
- a) [Insert as necessary]
2.4. The assessment by the Panel, in accordance with section 24 of the NSCA and its regulations, will include consideration of:
- a) Whether the applicant is qualified to perform the activity to be licensed; and
- b) Whether in carrying on that activity the applicant will make adequate provisions for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.
2.5. As required, the scope of the factors set out in articles 2.2, 2.3 and 2.4 to be considered in the impact assessment of the Project are outlined in the “Tailored Impact Statement Guidelines for the [project name] Project”, issued by the Agency in consultation with the CNSC on [date].

Part 3 Mandate of the integrated review panel

3.1. The Panel will conduct the assessment in accordance with the Terms of Reference in a manner that:
- a) Discharges the requirements set out in the IA Act;
- b) Permits it to obtain the information and evidence required for it to consider a Licence Application under the NSCA; and,
- c) Permits it to obtain information and evidence about the adverse effects the project may have on Aboriginal and/or Treaty rights as identified to the Panel and enables it to bring any such information and evidence to the attention of the Minister of the Environment in support of consultation between the Crown and Indigenous groups.
3.2. In accordance with subsection 51(1) of the IA Act, the Panel must:
- a) conduct an impact assessment of the designated project;
- b) ensure that the information that it uses when conducting the impact assessment is made available to the public;
- c) hold hearings in a manner that offers the public an opportunity to participate meaningfully in a manner that the review panel considers appropriate and within the time period specified by the review panel, in the impact assessment;
- d) prepare a report with respect to the impact assessment that
  - (i) sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project
  - (ii) indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are significant,
  - ii.1) subject to section 119 of the IA Act, sets out how the Panel, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project,
  - (iii) sets out a summary of any comments received from the public, and
  - (iv) sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;
- e) submit the report with respect to the impact assessment to the Minister; and
- f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment
3.3. A Panel established under subsection 44(1) of the IA Act must in accordance with subsection 51(2) of the IA Act include in its report the information necessary for the licence to be issued under section 24 of the NSCA in relation to the designated project.
3.4. The Panel has all the powers of a panel described in section 53 of the IA Act.
3.5. As a panel of the Commission, the Panel also has the powers and duties of the Commission described in section 20 of the NSCA and the Rules of Procedure.
3.6. The Panel will use the information collected during the integrated impact assessment process, including any information collected prior to its appointment during the Planning Phase or Impact Statement Phase, when conducting its assessment.
3.7. Nothing in this Terms of Reference is construed as limiting the ability of the Panel to discharge its mandate.
3.8. Through these Terms of Reference, the Panel is mandated to:
- 3.8.1. INSERT
- 3.8.2. The Panel will ensure that Indigenous groups are provided an opportunity to meaningfully participate in the impact assessment process, including, but not limited to the following:
  - Holding public hearing sessions in or near the communities of potentially affected Indigenous groups;
  - As requested, providing interpretation services into Indigenous languages during the public hearing, if such services are available;
  - Considering the timing of traditional activities by Indigenous groups in scheduling the public hearing; and
  - As requested, translating the executive summary of its report into Indigenous languages, assuming such services are available.
- 3.8.3. Pursuant to its mandate as outlined in its Terms of Reference and the requirements of the IA Act, the Panel will provide conclusions and recommendations in its Report regarding the potential impacts of the designated project on Indigenous peoples and Aboriginal or Treaty rights, including measures to mitigate any adverse impacts.

Part 4 Supporting the integrated review panel

4.1. The Agency and the CNSC will establish a Secretariat to support the Panel in its duties during the Impact Statement phase.
4.2. The Secretariat will be formed consisting of staff from the CNSC and the Agency and will provide administrative, technical and procedural support to the Panel.
4.3. The Secretary of the Commission, or his/her designate, will act as Secretary to the Panel and as co-manager of the Secretariat. The Agency Panel Manager will act as co-manager of the Secretariat.
4.4. The Secretariat will report to the Panel and will be structured to allow the integrated review panel to conduct the impact assessment in an efficient and cost-effective manner.
4.5. The personnel who comprise the Secretariat will not be considered to be review participants.

Part 5 Principles of public engagement and participation

5.1. The Panel will be responsible for designing its approach to public engagement taking into consideration the principles regarding meaningful engagement included in its Terms of Reference.
5.2. At a minimum, the Panel is required to solicit input from review participants at the following steps in its process:
- request the views of participants on the information contained in the Impact Statement / Licence Application;
- request the views of participants on draft procedures for the conduct of the public hearing; and,
- prior to the start of the public hearing request the views of participants on draft potential conditions for consideration by GIC in the decision statement and by the Panel as the Commission in the proposed NSCA licence, should the project be allowed to proceed.
5.3. Insert appropriate principles as outlined in Public Participation Plan

Part 6 Key steps in the impact statement phase and impact assessment phase

6.1. The Agency will appoint the members of the Panel during the Impact Statement Phase. The Panel will provide advice to the Agency and the CNSC on whether the Impact Statement / Licence Application contains the required information and studies.
6.2. During the Impact Assessment Phase, the Panel will be responsible for the conduct of the integrated impact assessment, including the following:
- Undertake a public review of the Impact Statement / Licence Application as set out in articles xxx;
- Conduct a public hearing as set out in articles xx; and
- Prepare and submit a report to the Minister of the Environment as set out in articles xxx.
6.3. As may be required in order to meet the overall time limit referred to in article xxx, the Panel may modify any of the interim timelines referred to in articles xxx to xxx of these Terms of Reference.

Impact statement phase

6.4. The proponent will prepare and submit to the Agency and the CNSC an Impact Statement / Licence Application. The Impact Statement / Licence Application must contain, to the satisfaction of the Agency and the CNSC, the information or studies set out in the Final Tailored Impact Statement Guidelines issued by the Agency at the end of the Planning Phase.
- 6.4.1. The proponent will have 3 years from the issuance of the Final Tailored Impact Statement Guidelines to prepare and submit its satisfactory Impact Statement / Licence Application to the Agency and the CNSC.
- 6.4.2. If more time is required to prepare a satisfactory Impact Statement / Licence Application, the proponent will notify the Agency and the CNSC in writing and request an extension of this time limit.
6.5. Following the receipt of the Impact Statement/Licence Application by the Agency and the CNSC, a copy will be posted on the Public Registry.
6.6. The Agency, in collaboration with the CNSC, will undertake a review of the Impact Statement / Licence Application to determine the following:
- 6.6.1. whether it is appropriate to start a public comment period. The Agency will engage with federal and provincial authorities or other participants, as appropriate and required, on whether there are information gaps that would prevent the Agency and other participants from starting an effective and efficient analysis of the documentation;
- 6.6.2. whether it contains the information and studies specified in the final Tailored Impact Statement Guidelines.
- 6.6.3. In order to assist with making the determination in 6.6.2, the Agency will initiate a xxx-day public comment period and any advice received will be posted on the Public Registry
6.7. The Agency will invite the Panel to review the Impact Statement / Licence Application and provide the Agency and the CNSC with its views as to whether the information and studies specified in the Final Tailored Impact Statement Guidelines have been received from the proponent. The Panel will provide its advice within the timeframe established by the Agency, in consultation with the CNSC. The advice provided by the Panel with be posted on the Public Registry.
6.8. Taking into consideration the advice received from the Panel, the federal and provincial authorities and Indigenous groups or others, the Agency and the CNSC will determine whether the Impact Statement / Licence Application contains the information and studies required by the Final Tailored Impact Statement Guidelines.
6.9. If the Agency and CNSC determine that the Impact Statement / Licence Application does not contain the required information and studies specified in the Final Tailored Impact Statement Guidelines, supplemental information to be provided by the proponent will be required. At the same time, the Agency’s notice to the proponent will be posted on the Public Registry.
6.10. Upon its submission to the Agency and the CNSC, the supplemental information provided by the proponent will be placed on the Public Registry.
- 6.10.1. If necessary, the Agency, in consultation with the CNSC, may request input from the federal and provincial authorities and Indigenous groups or others on the supplemental information.
- 6.10.2. The Agency will invite the Panel to review any information provided by the proponent and provide the Agency and the CNSC with its views as to whether the impact Statement / Licence Application, as supplemented by the information, contains the required information and studies. The Panel will provide its advice within the timeframe established by the Agency, in consultation with the CNSC. The advice provided by the Panel will be posted on the Public Registry.
- 6.10.3. Taking into consideration the advice received from the Panel, the federal and provincial authorities and Indigenous groups or others, the Agency and the CNSC will determine whether the Impact Statement / Licence Application, as supplemented, contains the information and studies required in the Final Tailored Impact Statement Guidelines.
6.11. The procedures described in articles xxx to xxx will apply, with the necessary adjustments, until such time as the Agency and the CNSC determine that the Impact Statement / Licence Application contains the information and studies required in the Final Tailored Impact Statement Guidelines. The advice received from the Panel, the federal and provincial authorities and Indigenous groups will be considered in making this determination.
6.12. A notice will be posted on the Public Registry when the Agency, in consultation with the CNSC, is satisfied that the proponent has provided it with all of the requested information or studies.
6.13. Within 45 days of the posting of the notice referred to in xxx, the Minister must establish the Panel’s Terms of Reference, in consultation with the President of the CNSC.
6.14. The Panel’s assessment of the sufficiency of the Impact Statement / Licence Application pursuant to articles 6.13 to 6.20 is not affected or altered by the review of the these documents by the Agency and the CNSC or the Agency’s determination outlined in article 6.8.3.

Impact assessment phase

6.15. The Panel will undertake and complete its assessment within [300-600] calendar days. This time limit will only be suspended as described in the Information Requirements and Time Management Regulations.
The Panel will issue directions on procedures in accordance with the IA Act, NSCA and the provisions of this Terms of Reference. The directions on procedures will include the Panel’s procedures for the conduct of the review of the Impact Statement / Licence Application, communication with the Panel, procedures for the conduct of the public hearing, and/or any other matter the Panel deems appropriate.
6.16. Following the posting of the notice referred to in xxx, the Panel will initiate a public comment period of no less than xx days. Indigenous groups, the public, government authorities, and other review participants may submit within that period of time, written comments to the Panel on whether the information available in relation to the assessment of the project is sufficient for the purpose of scheduling the public hearing. Any comments received will be posted on the Public Registry unless otherwise determined by the Panel.
- 6.16.1. The Panel will also seek the views of the Agency and the CNSC regarding whether the information provided is sufficient for the purpose of scheduling the public hearing. Any comments received from the Agency and the CNSC will be posted on the Public Registry unless otherwise determined by the Panel.
6.17. If the Panel determines that there is not sufficient information to proceed to a public hearing, it will require additional information as per subsections 52(1) and 52(2) of the IA Act to be provided by the proponent or other participants. At the same time, the Panel will post the request on the Public Registry.
6.18. Upon its submission to the Panel, the additional information provided by the proponent or other participants will be placed on the Public Registry. The Panel may commence, at its discretion, a xx-day public comment period on the additional information provided by the proponent.
- 6.18.1. The Panel will also seek the views of the Agency and the CNSC on the information provided. Any comments received from the Agency and the CNSC will be posted on the Public Registry unless otherwise determined by the Panel.
6.19. The procedures described in articles xx and xx will apply, with the necessary adjustments, until such time as the Panel determines it has sufficient information to proceed to a public hearing.
6.20. Prior to the start of the public hearing, the Panel will release a list of proposed potential conditions that could be included in a decision statement issued under the IA Act and a licence to be issued under the NSCA in the event that the Project is allowed to proceed. Participants will be given the opportunity to provide comments whether the proposed conditions are sufficient to address identified impacts or issues and concerns arising from the Project.

Public Hearing

6.21. The Panel will issue draft procedures for the conduct of the public hearing. These procedures will allow for the public hearing to be open to the public and will emphasize flexibility and informality, and be conducted in a manner that offers all interested participants an opportunity to participate in the hearing process. The draft procedures for the conduct of the public hearing will be based on and informed by the CNSC’s Rules of Procedure, with the understanding that these rules may be varied by the Panel, as appropriate. Participants will be given the opportunity to provide comments whether the draft procedures are sufficient to allow for open, flexible and informal public hearings.
6.22. Upon determination that there is sufficient information to proceed to a public hearing, the Panel will announce the public hearing. The Panel will provide xxxx days notice of the start of the public hearing.
6.23. The Panel will, where practicable, hold the public hearing in the communities in closest proximity to the Project, including Indigenous communities, to provide convenient access for potentially affected Indigenous groups and local communities.
6.24. The Panel will, to the extent possible, take into account the timing of traditional activities in local Aboriginal communities when setting the time and location of the public hearing session.
6.25. The Panel will use its best efforts to complete the public hearing and close the record of the review within xx days.
6.26. The public hearings will be conducted in accordance with the IA Act, NSCA and this Terms of Reference and will ensure that opportunities are provided for timely and meaningful participation by the public and Indigenous groups and that technical sessions are scheduled for specific matters of concern.
6.27. For the purposes of the IA Act and the NSCA, the public hearings will be public unless the Panel is satisfied after representations made by a participant that specific, direct and substantial harm would be caused to the participant or specific harm to the environment by the disclosure of the evidence, documents or other things that the participant is ordered to give or produce, or that information to be presented involves national or nuclear security; the information is confidential information of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential and the person affected has not consented to the disclosure; or the disclosure of the information is likely to endanger the life, liberty or security of a person.

Impact Assessment Report

6.28. Following the close of the record of the review, the Panel will prepare and submit to the federal Minister of the Environment a report with respect to the impact assessment as required in article xxx that sets out, but is not limited to the following:
- The adverse effects that, in the opinion of the Panel, are likely to be caused by the carrying out of the Project;
- An Indication of which of the effects are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are significant;
- How the Panel, in determining the effects that are likely to be caused by the carrying out of the Project, took into account and used any Indigenous knowledge provided;
- A summary of any comments received from the public;
- The rationale, conclusions and recommendations of the Panel, including any recommended mitigation measures and follow-up programs, under both the IA Act and the NSCA; and
- All proposed potential conditions relating to the IA Decision Statement for consideration by GIC and relating to the proposed licence and licence conditions for consideration by the Panel as the Commission.
6.29. The report will reflect the views of all members of the Panel. In particular, the report will reflect points of convergence and divergence, including deliberations on how the diverging views were addressed.
6.30. The Panel will submit with its report an executive summary in both official languages of Canada.
6.31. The Panel must consider any requests made by Indigenous groups to have the executive summary of the report translated into their Indigenous languages. If the Panel agrees with such a request, the Agency must endeavor to provide any such translations in a timely manner.
6.32. In order to meet the timeline referred to in article xxx, the Panel will submit its report to the Minister of the Environment at the earliest possible date, and within the overall time limit established for it to conduct its work and prepare its report.
6.33. Upon receiving the report submitted by the Panel, the Minister of Environment and Climate Change will make the report available to the public and will advise the public that the report is available.
6.34. In accordance with section 51(1)(f) of the IA Act, the Panel may be required to clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.
6.35. If there is a positive IA decision, the Panel may proceed with making a decision with respect to the Licence Application pursuant to section 24 of NSCA.

Part 7 Expert advice

7.1. The Panel may request specialist or expert information or knowledge with respect to the Project from federal, provincial and municipal authorities in possession of such information or knowledge, including the CNSC and Agency. Any such information received from federal, provincial and/or municipal authorities will be posted on the Public Registry.
7.2. The Panel may also retain the services of independent non-government experts to provide advice on certain subjects within the Panel’s Terms of Reference.
7.3. The names of the experts retained by the Panel and any documents obtained or created by the experts and that are submitted to the Panel will be placed on the Public Registry. For greater certainty, this will exclude any information subject to solicitor-client privilege where the expert is a lawyer.
7.4. The Panel may require any expert referred in articles 6.1 and 6.2 to appear before the Panel at the public hearing.
7.5. The Panel may also make use of an independent science review, as outlined in Agency policy “xxx”

Part 8 Clarifying or amending the terms of reference

8.1. The Panel may request clarification of its Terms of Reference by sending a letter signed by the chairperson to the President of the Agency and the President of the CNSC setting out the request. Upon receiving such a request, the President of the Agency is authorized to act on behalf of the federal Minister of the Environment and collaborate with the CNSC to provide to the Panel such clarification. The President of the Agency and the President of the CNSC will use best efforts to provide a response to the Panel within 14 calendar days. The Panel will continue with the review to the extent possible while waiting for the response in order to adhere to the time limits established for the integrated impact assessment. The Panel will notify the public of any clarifications to its Terms of Reference. Any requests for clarification under this article, as well as any response, will be posted on the Public Registry.
8.2. The Panel may seek an amendment to its Terms of Reference by sending a letter signed by the chairperson to the Minister of the Environment and the President of the CNSC setting out the request. As appropriate, the Minister of the Environment may delegate to the President of the Agency the authority to act on the Minister’s behalf and, in collaboration with the CNSC, consider and respond to any request from the Panel to amend the Terms of Reference. The Minister or the President of the Agency in case of such delegation, and the President of the CNSC, will use best efforts to ensure a response is provided to the Panel's letter within 30 calendar days. The Panel will continue with the integrated impact assessment to the extent possible while waiting for the response in order to adhere to the time limits for the integrated impact assessment. Any requests for amendments under this article, as well as any amendments to these Terms of Reference, will be posted on the Public Registry.

Appendix 1: Definitions of terms

Annex 8 - Joint integrated impact assessments

Purpose

This Annex sets out how the Agency and the CNSC will implement an integrated IA under the IA Act in the context of a joint review panel with a jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that also includes physical activities regulated under the NSCA.

The purpose of this Annex is to outline the roles and responsibilities of the Agency and CNSC with respect to a joint integrated IA with other jurisdictions. The roles and responsibilities of the Agency and the CNSC relating to a joint integrated IA process are in accordance with the IA Act and the NSCA, respectively.

Joint integrated IAs with other jurisdictions will be governed by project-specific joint integrated review panel agreements.

Legislative provisions

Subsection 39(1) of the IA Act indicates that the Minister of the Environment (the Minister) may enter into an agreement or arrangement with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

Subsection 39(2) of the IA Act indicates that the Minister cannot enter into an agreement or arrangement referred to in subsection 39(1) with the CNSC if the designated project includes physical activities regulated under the NSCA.

Section 42 of the IA Act outlines the provisions that must be included in an agreement to jointly establish a review panel, including that the agreement must include a consideration of the factors set out in subsection 22(1) of the IA Act, and be conducted in accordance with any additional requirements and procedures set out in the agreement.

Roles and responsibilities

The Participants agree to work cooperatively to implement joint integrated IA processes. In particular:

The Agency will consult the CNSC on elements with respect to an agreement with a jurisdiction for a joint integrated IA, such as appointments of panel members and the development of the panel’s Terms of Reference;
The CNSC will provide support to the conduct of the joint integrated IA, including providing specialist information and knowledge to the Joint Integrated Review Panel on the record of the review;
The CNSC will provide staff for the Panel Secretariat that will support the Joint Integrated Review Panel; and,
The Agency and the CNSC will share costs for conducting the joint integrated IA. The details of a cost-sharing agreement will be negotiated between the Agency and the CNSC, taking into consideration any cost sharing arrangements with the partner jurisdiction.

Points of contact

The CNSC and the Agency will each identify a point of contact to coordinate joint integrated IA process activities. These identified points of contact will ensure coordination and that communication from both organizations avoids duplication and ensures timely establishment of a joint integrated review panel.

Page details

Date modified:: 2023-09-05

CNSC Signs MOU with The Impact Assessment Agency of Canada

Memorandum of Understanding on Integrated Impact Assessments Under the Impact Assessment Act

Table of contents

Preamble

1. Definitions

2. Scope

3. Interpretation

4. Objectives

5. Designation of projects by the Minister

6. Information sharing

6.1 Reciprocal notification

6.2 Public registry

6.3 Scientific and technical expertise

7. Participant funding

8. Public engagement

9. Indigenous consultation

10. Timeline for impact assessment phase

11. Joint Agency-CNSC project team and secretariat

12. Appointment of panel members

13. Joint integrated impact assessments

14. Cost sharing

15. Terms of the MOU

16. Annexes

17. Signatures

Annex 1 - Information sharing and notification protocol

Purpose

Scope

Information sharing and notification

Points of contact

Annex 2 - Public engagement and participation for integrated impact assessments

Definitions

Purpose

Scope

Principles of public engagement

Public engagement during the impact assessment

Early engagement

Planning phase

Impact statement phase

Impact assessment phase

Decision phase

General

Points of contact

Annex 3 - Roles and responsibilities for crown consultation in integrated impact assessment processes

1.1. Definitions

1.2. Purpose

1.3. Roles of other participants

2. Impact Assessment Agency of Canada's role in Crown consultation

2.1. Overview

2.2. Planning phase

2.3. Impact statement phase

2.4. Impact assessment phase

2.5. Decision making phase

2.6. Follow-up, monitoring and compliance & enforcement phase

3. Canadian Nuclear Safety Commision's role in Crown consultation

3.1. Overview

3.2. Planning phase

3.3. Impact assessment phase

3.4. Impact assessment phase

3.5. Decision making phase

3.6. Follow-up, monitoring and compliance & enforcement phase / regulatory phase

Points of contact

Annex 4 - Project team and panel secretariat for integrated impact assessments

Definitions

Purpose

Scope

Project team

Panel secretariat

Points of contact

Annex 5 - Appointments to rosters and review panels for integrated impact assessments

Purpose

Legislative provisions

Roles and responsibilities

Establishment of the CNSC roster

Establishment of the Agency roster

Review Panel Appointments

Points of contact

Annex 6 - Development of conditions for integrated impact

Purpose

Legislative provisions

Process for the development of conditions