Indigenous Impact Assessment Co-Administration Agreement Regulations

On June 20, 2024, the Budget Implementation Act, 2024, received Royal Assent and brought into force amendments to the Impact Assessment Act (IAA). These changes were made in response to the Supreme Court of Canada's decision on the constitutionality of the IAA. Over the coming weeks and months, this website along with procedures, policy and guidance documents will be updated to reflect these legislative changes, as required.

The Impact Assessment Act (IAA) provides opportunities for the Government of Canada to work in partnership with Indigenous Peoples throughout the federal impact assessment process.

One potential opportunity for partnership is through Indigenous co-administration agreements. Through these agreements, negotiated with the Minister of Environment and Climate Change, Indigenous governing bodies or co-management bodies would exercise certain powers, duties and functions under the IAA related to federal impact assessments on specified lands. Before entering into these agreements, regulations must first be in place.

Co-administration agreements would provide an additional mechanism for partnership with Indigenous Peoples that better aligns with Indigenous governance, stewardship rights and responsibilities. These long-term agreements would provide certainty for all parties about Indigenous decision-making roles during future impact assessments of projects on lands specified in the agreements.

The Impact Assessment Agency of Canada (IAAC) is committed to developing a regulatory and policy approach for co-administration agreements in consultation and cooperation with Indigenous Peoples.

What we've done and the next steps

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This image outlines the steps along the path toward Indigenous Impact Assessment Co-Administration Agreement Regulations, including what we've done and next steps.

The first step was early engagement. From 2019 to 2020, national engagement focused on partnership and collaboration with Indigenous Peoples.

The second step, in 2022, was to work with the Indigenous Advisory Committee to establish the Circle of Experts.

The third step was the development of the discussion paper. From 2022 to 2024, the Impact Assessment Agency of Canada and the Circle of Experts co-developed a discussion paper with input from national Indigenous representatives.

The fourth step, in 2024, is the national comment period, including engagement with Indigenous rights-holders and organizations on the discussion paper, as well as engagement with provinces, territories, and stakeholders.

Following the national comment period, the path splits in two.

One path leads to regulations. The Department of Justice drafts the regulations based on instructions developed by the Impact Assessment Agency of Canada in consultation and collaboration with Indigenous partners.

The other path leads to Policy and Guidance. The Impact Assessment Agency of Canada works in consultation and collaboration with Indigenous Peoples to develop policy and guidance documents to support implementation.

How is IAAC consulting and collaborating with Indigenous Peoples?

IAAC consulted the Indigenous Advisory Committee as well as national and regional Indigenous representatives on the approach to regulatory and policy development.

IAAC is working towards the following goals:

Setting clear expectations and common understandings
Maintaining a credible process with the confidence of communities as well as political leaders
Ensuring the inclusion of regional perspectives and consultation with rights-holders
Recognizing distinctions-based and context-specific realities

What are the steps towards developing regulations and supporting policies?

Early engagement

Between 2016 and 2020, IAAC sought input on environmental and impact assessment processes from Indigenous organizations and communities in workshops, comment periods and other consultations.

Feedback was analyzed and compiled into "What We Heard Reports":
This input shaped the development of the IAA, which came into force in 2019, as well as IAAC’s policies to implement the IAA. This input also informed early ideas on co-administration agreements.
Establishing a Circle of Experts

Building on early engagement, IAAC held discussions with the Indigenous Advisory Committee as well as national and regional Indigenous representatives. This led, in June 2022, to the establishment of a Circle of Experts made up of First Nations, Inuit and Métis, and experts recommended by Indigenous individuals and organizations.

The Circle of Experts and IAAC worked together to co-develop a discussion paper. Throughout the co-development process, IAAC also continued to seek advice from the Indigenous Advisory Committee and national Indigenous representatives.
The Discussion Paper

The objective of the discussion paper is to open the conversation on co-administration agreements through a national engagement process.
Discussion period

A comment period on the discussion paper will begin in summer 2024. Information and comments received during the discussion period will be summarized in a new "What We Heard Report".
Next steps

Guided by input received during the national discussion period, IAAC will continue to work in consultation and collaboration with Indigenous Peoples towards the development of a regulatory and policy framework. This will include working with IAAC’s Indigenous Advisory Committee, national Indigenous representatives, and directly with rights holders. IAAC will also continue to engage with provincial and territorial governments, industry and other stakeholders throughout this process.

Is there funding available to support engagement on this initiative?

For information and updates on funding opportunities to support engagement, visit our Funding Programs page.

More information

For more information on the regulatory development process, please see the Department of Justice’s overview of how new laws and regulations are created.

For general information on how Indigenous Peoples are involved in impact assessment, visit Participation of Indigenous Peoples in impact assessment.

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Date modified:: 2024-11-07

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