Annex for Integrated Impact Assessments
Between
the Impact Assessment Agency of Canada
– and –
the Canadian Energy Regulator

Annex 5 — Appointments to Rosters and Integrated Review Panels

General

This Annex is governed by the understandings as described in the Memorandum of Understanding (MOU) between the Impact Assessment Agency of Canada (the Agency) and the Canadian Energy Regulator (CER). Pursuant to the MOU and under the terms of this Annex, the Agency and the CER (each a “party” or jointly “the parties”) agree to respect this Annex. This Annex is intended to be read in conjunction with the MOU.

Purpose

This Annex sets out how the Agency and the CER will cooperate:

1. (1) in the establishment of a roster of persons for potential appointment to integrated review panels; and
2. (2) on the appointment of persons to integrated review panels acting under the Impact Assessment Act (IAA) and the Canadian Energy Regulator Act (CERA).

Legislative Provisions

Paragraph 50(a) of the IAA requires the Minister of the Environment and Climate Change (the Minister) to establish a roster of persons who may be appointed to a review panel, including an integrated review panel with the CER (impact assessment roster).

Paragraph 50(1)(c) and subsection 50(3) of the IAA requires the Minister to establish, in consultation with the Minister of Natural Resources (NRCan), a roster of persons from the CER who may be appointed to an integrated review panel.

Where a designated project includes physical activities also regulated under the CERA, subsection 47(3) of the IAA requires the appointment of at least one person from the CER roster. The appointment of this individual is made by the Agency on the recommendation of the lead commissioner of the CER.

Members of the integrated review panel who are not from the CER roster will be cross-appointed by the Governor-in-Council under section 28 of the CERA to be part-time commissioners of the CER. This will allow the integrated review panel to fulfil requirements under both the IAA and the CERA.

Section 41 of the IAA sets a legislative deadline for the Agency to appoint a review panel – within 45 days after the Agency issues its notice that the proponent has provided an Impact Statement that includes the required information or studies.

Roles and Responsibilities

Establishment of the CER Roster

The CER will identify commissioners as potential candidates for the CER roster and provide the relevant biographical information to the Agency.

The CER will inform its commissioners that they are being considered for the CER roster established for the purposes of integrated review panels under the IAA.

The Agency will use information provided by the CER to prepare an approval package for consideration by the Minister. The Agency will consult with NRCan regarding the candidates being put forward for consideration for appointment to the CER roster.

The CER will inform the Agency if amendments to the roster are necessary for reasons that include but are not limited to appointment of a new commissioner or resignation of an existing commissioner.

Establishment of the Agency Roster

The Agency will seek to have its existing roster under the Canadian Environmental Assessment Act 2012 (CEAA 2012) affirmed as the roster under the IAA. The Agency will provide the biographical information of its existing roster members to the CER. To facilitate cross-appointment of review panel members as part-time commissioners, the CER will work collaboratively with the Agency in the early identification and pre-appointment of appropriate individuals from the roster, as part-time commissioners.

Review Panel Appointments

Preparations for integrated review panel appointments will begin as soon as the Agency and the CER become aware of a specific project proposal. The CER will notify NRCan portfolio management so that it can begin to work with the Privy Council Office, as required, to ensure timely Governor-in-Council appointments under the CERA.

The Agency will identify potential candidates, in consultation with the CER, for the integrated review panel from the CER roster. Where there are no available or suitable members on the CER roster, the Agency will, in consultation with the CER, identify other individuals for consideration as candidates for the review panel.

The CER will identify potential candidates from the CER roster, in consultation with the Agency.

The Agency will assess potential review panel candidates as early as possible in the impact assessment process. The assessment will ensure that potential panel members are unbiased and are free from conflict of interest relative to the designated project, and that the integrated review panel has an appropriate mix of expertise and capacity, including the ability to conduct the public hearing in the relevant official language(s) of Canada.

The Agency will notify NRCan of the names of the approved members who are not from the CER roster. This will allow NRCan to recommend candidates to the Governor-in-Council for purposes of their appointment as part-time commissioners under the CERA (cross appointment). Once the Governor-in-Council appointments have been made, the integrated review panel will be formally appointed.

Points of Contact

The CER and the Agency will each identify a point of contact to coordinate establishment and maintenance of the CER roster and for review panel appointments. These representatives will ensure coordination and communication from both organizations to ensure timely appointments to integrated review panels.

The CER point of contact is the secretary. The Agency’s point of contact is the director, review panels division. Each participant will ensure that up-to-date contact information for the representatives is made available to each other.