The new IAA in Canada: From revolutionary thoughts to reality

Abstract

Federally, Canada entered a new chapter of review and revision of its impact assessment law in 2015. On the path to reform, the Federal government undertook a number of activities that spanned almost two years before introducing legislation. Efforts included striking an ‘expert panel’ to consult Canadians and establishing a multi-stakeholder Ministerial advisory committee. A new impact assessment Bill was eventually introduced to the House of Commons in early 2018. Key provisions of the Bill include a sustainability orientation, an early planning stage, a climate test, and a gender-based assessment requirement. Despite these positive changes, the IAA draws heavily on the flawed existing federal process (CEAA 2012) for its basic structure and approach and falls well short of what Canadians told the Expert Panel should be reflected in a new bill (and what the Panel itself recommended). The new Act falls even further short of what the literature suggests are the key elements of IA legislation.