Abstract
Credible assessment of sustainability purpose, scope and criteria and cumulative and interactive effects are key components of next-generation impact assessment (IA). They are also a vexing challenge, one that is exacerbated by the increased pressure many states are under to expedite the approval of projects deemed important for mitigating the climate crisis. In federalist countries like Canada, obstacles to implementing next-generation IA are amplified by divisions of powers among national, provincial (state) and other governments. In this paper, we consider a recent Supreme Court of Canada decision on the constitutionality of the federal Impact Assessment Act (IAA), a commitment by the Government of Canada to improve IA efficiency, and amendments to the IAA aimed at fixing constitutional issues and shortening timelines. We analyse the ability of the amended law to ensure effective attention to cumulative and interactive effects and contribute to sustainability while achieving desired efficiency gains. We conclude that while the changes to the IAA may undermine its ability achieve these goals, opportunities for advancing next generation assessment may be found in other key components of it, namely interjurisdictional collaboration and upward harmonization, respect for Indigenous knowledge, rights and authority, and more frequent and ambitious use of regional assessments.
Published Version
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