WCS Canada comments: IAAC Cooperation Agreements

Ray, J. & Goodday, V.

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Key points

This submission addresses two separate but closely related Impact Assessment Agency of Canada (IAAC) requests for comments:

1. IAAC’s request for feedback on its proposed “One Project, One Review” approach to cooperation with provinces on the assessment of major projects (“the One Project, One Review consultation paper”); and
2. IAAC's request for feedback on the Draft Co-operation Agreement Between New Brunswick and Canada on Environmental and Impact Assessment (“the draft NB-Canada agreement”).

Our overarching concern is that the approach laid out in the One Project, One Review consultation paper and reflected in the draft NB-Canada agreement does not emphasize Impact Assessment (IA) process outcomes and efficacy, but rather centres further devolution of federal IA responsibilities to provinces as the primary objective.

We identify five specific concerns with IAAC's proposed approach to cooperation:

1. Inadequacy of provincial processes to identify and address effects in federal jurisdiction: Provincial IA regimes vary significantly and most fail to measure up to the federal regime on core elements of assessment scope and procedure.
2. Lack of a robust, transparent method for evaluating adequacy of provincial processes to address federal effects: No detail is provided related to how the two key decisions under the proposed approach - the early assessment decision and the substitution decision - will be made by IAAC.
3. Unclear objectives or measures of success of cooperation: Efficiency depends on effectiveness and the evaluation of outcomes, but clear, measurable outcomes are not provided.
4. Mischaracterization of federal government responsibilities with respect to IA: The proposed approach does not accurately reflect the federal government’s legislated mandate as reiterated by the Supreme Court of Canada in Reference re Impact Assessment Act, 2023 SCC 23.
5. Failure to address key aspects of cooperation implementation: It is essential that cooperation efforts are monitored and reported on and accountability measures taken where commitments are not met, yet the proposed approach is silent on these and other key implementation considerations.

Recommended citation

Ray, J. & Goodday, V. (2025). WCS Canada comments: IAAC Cooperation Agreements. Wildlife Conservation Society Canada [WCS Canada]. https://wcscanada.org/resources/wcs-canada-comments-iaac-cooperation-agreements/