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A Guide to Canada’s Impact Assessment Act, 2023 Edition

Though not everything in the Impact Assessment Act is new, this legislation introduces substantive changes that broaden the scope of all federal assessments. Turn to this publication to gain a thorough understanding of the IAA. Formerly published as Guide to the Canadian Environmental Assessment Act.
by Rodney Northey (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$115.00
Quantity

Softcover | 874 pages | Biennial – Standing Order Terms Apply

In Stock
Published: May 16, 2023
ISBN/ISSN: 9780433518860
Publisher: LexisNexis Canada

Product description


The new federal Impact Assessment Act (IAA) which came into force on August 28, 2019, represents a fundamental shift in federal environmental assessment in Canada. The move from environmental assessment to impact assessment has resulted in a need for guidance on how the new legislation differs from the old and the ramifications of those differences. That’s what A Guide to Canada’s Impact Assessment Act, 2023 Edition aims to provide.

Practical and Informative
Written by expert environmental lawyer, Rodney Northey, A Guide to Canada’s Impact Assessment Act, 2023 Edition offers valuable insight into the new Act as well as a detailed review of each of the processes that now govern impact assessment. In particular, practitioners of impact assessment and environmental, resources and infrastructure law will benefit from:

  • The overview of the IAA, including the most relevant features
  • Discussion of the principal factors for assessments and decision-making
  • Comprehensive discussion and analysis of the steps in the assessment process
  • The full text of the IAA and the accompanying regulations
  • The full text of the IAA’s predecessor statute, the Canadian Environmental Assessment Act, 2012

What's New in the 2023 Edition

  • A brand new section on the triggering of impact assessment
  • Expanded and thorough discussion of the steps in the assessment process
  • A brand new section on other IAA regulatory processes, including regional assessments and strategic assessments

As the first legal reference on the new legislation, A Guide to Canada’s Impact Assessment Act, 2023 Edition will prove indispensable to:

  • Environmental consultants who are responsible for assessing the significance of environmental effects under IAA and numerous environmental regimes across Canada
  • Environmental, energy, aboriginal law, and natural resources lawyers in public and private practice who advise clients on IAA issues and the significance of effects in numerous legal contexts
  • Management and in-house counsel in the energy, mining and natural resources sectors who seek to comply with IAA and design projects to avoid or minimize significant environmental effects
  • Regulatory personnel who administer IAA and other federal, provincial, territorial and self-government regimes that focus on the significance of environmental effects
  • Teachers and advanced environmental studies students interested in environmental assessment inside and outside Canada
 

Featured Authors

Rodney Northey

Rodney Northey

Rod Northey, M.A., LL.M., is a partner in the Toronto office of Gowling WLG (Canada) LLP within the firm’s national and international practice groups for environmental law. Rod’s practice focuses on environmental approvals, hearings and appeals for proponents, municipalities, and Indigenous governments. Rod has been in private practice since 1990 and is certified by the Law Society of Ontario as a specialist in environmental law. Rod has been legal counsel for dozens of major environmental & planning tribunal hearings and court cases in the Federal and Ontario courts.

From August 2016 to April 2017, Rod was a member of the four-person expert panel appointed by the federal Minister of Environment and Climate Change to review and propose reforms to federal environmental assessment processes. This panel produced the report, Building Common Ground: A New Vision for Impact Assessment in Canada, which led to the current federal Impact Assessment Act. From May 2016 to February 2018, Rod was a member of a three-person advisory panel appointed by the Ontario Minister of Transportation to review the environmental assessment for the proposed Highway 413 in the western part of the Greater Toronto Area. This panel’s report was released in February 2018. Rod was a member of Ontario’s 2004 Task Force to establish its Greenbelt and a member of the Executive Panel to reform Ontario environmental assessment in 2004-2005.

Rod is adjunct professor at Osgoode Hall Law School for an LL.M. course on environmental protection. He has taught similar courses to law and planning students at multiple Ontario universities.

View all books by Rodney Northey (1)

Table of contents

Part 1: Introduction to the IAA
 §1.01 Overview
 §1.02 Basic Features
 §1.03 Interpreting the IAA
 §1.04 Timing of Impact Assessments
 §1.05 Enforcement
 
 Part 2: Principal Factors for Assessments and Decision Making
 §2.01 Effects
 §2.02 Significance of Adverse Effects
 §2.03 Mitigation of Effects
 §2.04 Rights, Knowledge, and Interests of Indigenous Peoples
 §2.05 Sustainability
 §2.06 Climate Change
 
 Part 3: Triggering Impact Assessment
 §3.01 Identifying a Designated Project
 §3.02 Planning Phase
 §3.03 Decision Whether to Require Impact Assessment
 
 Part 4: Steps in the Assessment Process
 §4.01 Scope of the Designated Project
 §4.02 Establishing and Operating the Public Registry
 §4.03 Coordination and Cooperation with Jurisdictions
 §4.04 Input from Expert Federal Authorities
 §4.05 Agency-Led Impact Assessments
 §4.06 Review Panels
 
 Part 5: Factors Specific to Impact Assessments
 §5.01 Factors of Assessment
 §5.02 Cumulative Effects
 §5.03 Need for the Designated Project
 §5.04 Alternatives
 §5.05 Public Comments and Engagement 
 
 Part 6: Decisions on Impact Assessments
 §6.01 Decisions on Impact Assessments 
 
 Part 7: Other IAA Regulatory Processes
 §7.01 Determinations for Projects on Federal Lands or Outside Canada
 §7.02 Regional Assessments
 §7.03 Strategic Assessments 
 
 Impact Assessment Act and Regulations
 Impact Assessment Act, S.C. 2019, c.28, s.1
 Information and management of time limits regulations, SOR/2019-283
 Physical activities regulations, SOR/2019-285
 Designated classes of projects order, SOR/2019-323
 
 Canadian Environmental Assessment Act, 2012 and key Regulations
 Canadian Environmental Assessment Act, 2012, S.C. 2012, c.19, s.52
 Regulations designating physical activities, SOR/2019-285
 Prescribed information for the description of a designated project regulations, SOR/2012-148
 

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