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Environment • Aboriginal • Energy


October 05, 2018

The New Impact Assessment Process: Fostering Partnerships with Indigenous Peoples

On June 20, 2018 Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, passed Third Reading in the House of Commons and was referred to the Senate for First Reading.  Second Reading debate has commenced in the Upper Chamber and will most likely be referred to the Energy, Environment and Natural Resources Committee for review.

Part 1 of Bill C-69 (An Act to enact the Impact Assessment Act)  is intended to repeal the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) and the environmental assessment process it established.  The Impact Assessment Act (“IAA”), sets out a new impact assessment regime for designated projects.

The impact assessment regime under the IAA differs in several key respects from the environmental assessment process under the CEAA 2012.  One such difference is the way in which the IAA includes Indigenous peoples in the impact assessment process.  Proponents of designated projects should pay close attention to the IAA as their consultation and information gathering obligations have changed.

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