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 June of 2019, the National Energy Board signed an interim Memorandum of Understanding with the Canadian Environmental Assessment Agency, to provide a framework for how the Canada Energy Regulator would collaborate with the Impact Assessment Agency of Canada on these reviews. This MOU is supplemented with protocols, which outline further details regarding the approach to these reviews. The links to the Memorandum of Understanding and associated protocols can be found on IAAC's website
- Date modified: