Assessments conducted by review panels

Disclaimer: This page provides a plain language overview of the impact assessment process. It does not replace or alter common or civil law or legal requirements under the Impact Assessment Act or regulations enacted under it. In the event of any inconsistency between this content and the Impact Assessment Act or regulations enacted under it, the latter prevails.

What is a review panel assessment?

The Minister of Environment and Climate Change may refer an impact assessment to an independent review panel if the Minister believes it is in the public interest. The Minister's decision on whether to refer the project to a review panel must consider adverse federal effects, the public concerns about those effects, opportunities to collaborate with other jurisdictions, and any adverse impacts on Indigenous Peoples' rights. The panel leads the impact assessment and provides views on the extent to which adverse federal effects are significant. However, Cabinet decides whether the significant adverse federal effects are justified in the public interest.

The Minister of Environment and Climate Change may refer an impact assessment to an independent review panel if the Minister believes it is in the public interest. The Minister’s decision on whether to refer the project to a review panel must consider adverse federal effects, the public concerns about those effects, opportunities to collaborate with other jurisdictions, and any adverse impacts on Indigenous Peoples’ rights. The panel leads the impact assessment and provides views on the extent to which adverse federal effects are significant. However, Cabinet decides whether the significant adverse federal effects are justified in the public interest.

If the proposed project includes activities that are regulated under the Nuclear Safety and Control Act or the Canadian Energy Regulator Act, the Minister must automatically refer the impact assessment to an integrated review panel. This type of panel is set up by the Impact Assessment Agency of Canada (IAAC) and either the Canada Energy Regulator or the Canadian Nuclear Safety Commission, depending on the type of project. (Learn more about integrated assessments.)

Review panels are made of independent experts appointed by IAAC to conduct impact assessments. Members are selected from a roster of potential candidates.

Review panels operate independently. Members are not government employees. They are selected for their knowledge, experience, and expertise relative to a project and its potential effects. Panel members must be free from bias and conflicts of interest related to the project.

IAAC staff support the work of independent review panels by providing technical, procedural, and logistical support.

Panel responsibilities

Review panels must hold a public hearing. Like a court, panels can summon and order witnesses to present evidence.

The review panel is responsible for:

leading engagement during the impact assessment phase
holding a public hearing that is open to the public, potentially impacted Indigenous groups, and federal experts
preparing an Impact Assessment Report with recommendations and conclusions and sending it to the Minister

Need for confidentiality

While the hearing and the information provided to the panel is open to the public, the deliberations of a review panel remain confidential until the panel submits its Impact Assessment Report. This is necessary to help preserve the independence of the panel and ensure it can conduct its work effectively.

Once the Impact Assessment Report has been submitted, it is posted on the Canadian Impact Assessment Registry.

The review panel’s Impact Assessment Report:

describes and assesses the information gathered
explains what Indigenous Knowledge was obtained and considered
provides an analysis of the direct and indirect adverse federal effects of a project and the extent to which they are significant
proposes conditions to prevent or reduce adverse federal effects, including technically and economically feasible mitigation measures
must contain sufficient information to allow the Governor in Council to determine if a project has significant adverse federal effects and to make a decision on whether any significant adverse federal effects are justified in the public interest

Process

Phase 1: Planning

To begin, the project proponent gives IAAC a description of the project as required by the Information and Management of Time Limits Regulations. This document is called the Initial Project Description. It includes the location of the project and identifies the communities and Indigenous groups that may be affected. This description is then posted on the Registry for comment.

Using the comments received, we prepare a summary of the issues raised that apply to federal jurisdiction and ask the proponent to respond. This summary is posted on the Registry.

Next, we decide if an impact assessment is required. At that point, the Minister can decide that the assessment will be led by an independent review panel.

We also consult with other jurisdictions (e.g., provinces, territories, Indigenous authorities) to discuss ways to cooperate on the assessment.

If a federal impact assessment is required, we prepare various planning documents and gives the proponent project-specific Tailored Impact Statement Guidelines. This document:

outlines the information and studies the proponent must provide to inform the assessment process
explains how we will work with other jurisdictions
describes other activities such as the permit process, and
how we will consult and engage with Indigenous Peoples and the public

To support the objective of "one project, one assessment," an agreement to establish the joint review panel may be signed by other jurisdictions to support their involvement in the process.

Phase 2: Impact Statement process

In this phase, the proponent assesses the impacts of the project, engages with Indigenous Peoples and the public, and submits a detailed technical document called an Impact Statement. That document is based on the requirements outlined in the Tailored Impact Statement Guidelines issued by us in Phase 1.

The purpose of the Impact Statement is to identify and assess the impacts of the project, how various groups may be affected, and the measures proposed to mitigate these effects.

Once we receive the Impact Statement, we invite comments through the Registry and begin reviewing the document. It is also reviewed by other government experts and Indigenous Peoples. If information is missing, we ask the proponent to provide it.

Once we determine that all needed information has been provided, we draft the Terms of Reference for the panel. The Terms of Reference are the panel’s instructions for carrying out the assessment. We then appoint the review panel members, including a chairperson, and the Minister issues the panel’s final terms of reference.

Phase 3: Impact Assessment process

The review panel analyzes the potential impacts of the project. It also reviews the input received from Indigenous Peoples, the public, federal and non-federal experts, other jurisdictions (such as a province), and other participants (such as industry representatives and environmental organizations). The panel also holds a public hearing during this phase.

The review panel uses the information collected during this process to prepare its Impact Assessment Report, including its conclusions and recommendations, and sends it to the Minister. This report is posted on the Registry.

IAAC prepares draft potential conditions based on the panel’s recommendations and invites comments on this draft. These comments are then considered, and a final list of the proposed conditions is sent to the Minister. (In some cases, the review panel may be required to submit draft conditions with its Impact Assessment Report.)

Phase 4: Decision

The review panel’s Impact Assessment Report is used by Cabinet to determine whether:

the project is likely to cause significant adverse federal effects
the extent to which these effects are significant after any proposed mitigation measures are applied
whether the significant adverse federal effects are justified in the public interest

This decision is communicated by the Minister to the project proponent in a Decision Statement, which also:

lists any enforceable conditions to which the proponent must comply
describes the necessary follow-up measures (refer to the next phase)
indicates a time limit as to when the proponent must begin to carry out the designated project

If the project is allowed to proceed, the proponent can begin to obtain any additional authorizations and permits required from federal departments.

After it is issued, we post the full Decision Statement on the Registry.

Phase 5: Post Decision (follow-up activities)

These are ongoing activities where IAAC monitors and verifies that the proponent is complying with the Impact Assessment Act and the Decision Statement. If there is non-compliance, enforcement action is taken.

Indigenous Peoples and the public have opportunities to participate in both monitoring and follow-up activities.

If the proponent wants to make a change to the project, they must send details to IAAC for analysis. If the change involves modifying the conditions or project description, details of these changes as well as our analysis are posted on the Registry. Indigenous Peoples, the public, and other stakeholders have an opportunity to comment on our analysis of the proposed changes.

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Date modified:: 2025-03-20

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