The Proposed Impact Assessment Act: A Sea Change For Proponents Navigating Canada's Project Approval Regime

If the federal government's proposed Impact Assessment Act (IAA)¹  is enacted substantially in its current form (which is expected), proponents of large energy, infrastructure and mining projects caught by the IAA will face new challenges and opportunities in obtaining regulatory approvals in a timely manner.

To illustrate some of the new courses that proponents may chart, this article maps out both challenges posed by the IAA's planning phase, and opportunities provided by the IAA's decision-making based on the "public interest."

Background

After much anticipation, on February 8, 2018, the Government of Canada announced and introduced for first reading Bill C-69, which contains the IAA and other important regulatory changes. Bill C-69 is the product of a multi-year federal Review of Environmental and Regulatory Processes. Bill C-69 has passed second reading and is currently subject to a review by a House of Parliament committee.