441-01169 (Environment)

The Impact Assessment Act (the IAA) and its regulations establish the legal framework for federal impact assessments. On May 3, 2021, the former Minister of Environment and Climate Change determined that the Highway 413 Project (the Project) warranted designation under the IAA. The Impact Assessment Agency of Canada (the Agency) awaits the submission of an Initial Project Description from the Ontario Ministry of Transportation (the Proponent). Once the Agency determines that the Initial Project Description conforms with the Information and Management of Time Limits Regulations (the Regulations), the impact assessment process will begin with the 180-day Planning Phase.

During the Planning Phase, Indigenous groups, the public, other jurisdictions, federal authorities, and other participants will have opportunities to provide input and identify key issues of concerns about the Project. The Agency provides key issues identified during the public comment period on the Initial Project Description to the Proponent as a Summary of Issues. The Proponent must then provide a response to the Summary of Issues that explains how it intends to address the issues raised, and a Detailed Project Description to the Agency. Following receipt of a Detailed Project Description that conforms to the Regulations, the Agency will determine whether an impact assessment is required for the Project. The Agency’s determination, including the reasons for the decision, will be posted on the Canadian Impact Assessment Registry (the Registry).

If an impact assessment is required, the Agency continues to engage with Indigenous groups, the public, other jurisdictions, and federal authorities to develop the Public Participation Plan, the Indigenous Engagement and Partnership Plan, the Cooperation Plan, the Permitting Plan, and the Tailored Impact Statement Guidelines, which includes the scope of the factors that are considered as part of the impact assessment. The Agency must then issue the final Tailored Impact Statement Guidelines and plans to the Proponent, and post a Notice of Commencement of the Impact Assessment on the Registry before the end of the 180-day Planning Phase.

Within 45 days from the posting of the Notice of Commencement on the Registry, the Minister may refer the impact assessment to a Review Panel, if he is of the opinion it is in the public interest to do so. The Minister considers the following factors in the determination: the extent to which effects in areas of federal jurisdiction or direct or incidental effects may be adverse; public concerns related to those effects; opportunities for cooperation with other jurisdictions; and any adverse impacts on the rights of Indigenous peoples. If the Minister refers the impact assessment to a Review Panel, the Agency posts a notice of the Minister's decision, including the Minister's reasons for referring the assessment to a Review Panel, on the Registry.