The Physical Activities Regulations, made under the Impact Assessment Act, establish the criteria for which projects are 'designated', meaning they may require an impact assessment. These regulations were published in Canada Gazette II on 21 August 2019.
Where a designated project also contains activities regulated under the Canadian Energy Regulator Act, an integrated impact assessment between the new Impact Assessment Agency of Canada (previously the Canadian Environmental Assessment Agency) and the Canada Energy Regulator (previously the National Energy Board) would be required.
As an integrated impact assessment of a designated project with the Canada Energy Regulator will need to meet the requirements of both the Canadian Energy Regulator Act and Impact Assessment Act, any review of these projects will be undertaken by a review panel. This will require coordination and collaboration between the two organizations.
In October of 2019, the Canada Energy Regulator signed a Memorandum of Understanding with the Impact Assessment Agency of Canada, to provide a framework for how the two organizations would collaborate on these reviews. This MOU is supplemented with annexes outlining further details regarding the approach to these reviews. The links to the MOU and associated annexes can be found on the Impact Assessment Agency’s website.
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