Draft co-operation agreements between the government and the provinces Ontario and Manitoba would formalize a one project and one review model by committing Ottawa to rely on provincial assessment processes.
In the Ontario draft, Canada explicitly recognizes the province’s constitutional authority over natural resources and agrees to work toward One Project, One Review, and One Decision through a single assessment that satisfies both the Impact Assessment Act and Ontario’s Environmental Assessment Act.
When a project is primarily provincially regulated, Canada will treat Ontario as best placed to assess adverse effects within federal jurisdiction and will rely on Ontario’s environmental assessment or regulatory processes to address them. Where a project is on federal land or involves a federal work or undertaking, Canada commits to integrate Ontario’s assessment and regulatory requirements into the federal process, rather than run parallel reviews.
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The Manitoba draft follows the same core logic, but is anchored in The Environment Act and the Canadian Environmental Protection Act. Canada undertakes to rely on Manitoba’s assessment and regulatory processes for federal effects to the greatest extent possible when a project does not include a federal work or undertaking. Where a project does involve a federal work or undertaking or is on federal lands such as ports or nuclear facilities, Canada in turn commits to integrate Manitoba’s requirements into the federal assessment if Manitoba wants that approach.
Both texts stress that Canada’s decisions remain confined to effects within federal jurisdiction as defined in the IAA.
The agreements create early notification and information sharing obligations to front-load coordination. The Impact Assessment Agency of Canada and Ontario’s Ministry of the Environment, Conservation and Parks must notify each other as early as possible when a project may trigger both the federal IAA and Ontario’s EAA. IAAC and Manitoba Environment and Climate Change face a similar duty where both the IAA and The Environment Act could apply.
Decision making on whether a federal impact assessment proceeds is also tied directly to provincial capacity. Under the Ontario agreement, IAAC commits to avoid duplicative decision making when Ontario confirms that its environmental assessment or regulatory processes will reasonably address adverse effects in federal jurisdiction, taking into account the factors listed in the IAA. Under the Manitoba agreement, IAAC must explicitly consider the extent to which provincial processes will address adverse federal and direct or incidental effects when deciding whether an impact assessment is required and when the federal minister considers designating a project under the Act.
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The Ontario draft sets tight timelines around process substitution and harmonization. Where a project requires both federal and provincial assessments, Ontario will determine whether to request substitution of the federal assessment to the provincial process or to a harmonized process and will endeavour to make that request no later than 10 days after IAAC’s decision.
The Manitoba text offers the same tools, but stresses that substitution or harmonization can occur only upon Manitoba’s request, that substitution requests must demonstrate how conditions for it are met, and that they will be posted on the Canadian Impact Assessment Registry for public comment.
Both agreements keep Indigenous consultation obligations at the core of any substituted or harmonized process. Each affirms respect for Aboriginal and treaty rights, the principles of the United Nations Declaration on the Rights of Indigenous Peoples and the possibility of separate agreements with Indigenous Peoples.
The Ontario agreement takes effect on the date of the last signature, can be amended by mutual consent, can be terminated with 12 months notice, continues to apply to assessments already underway and requires at least annual meetings to review performance and progress toward One Project, One Review, and One Decision. The Manitoba agreement can be amended by mutual consent and terminated with only 30 days written notice, with no explicit annual review requirement.
The draft agreements are open for public comment, with IAAC seeking feedback on both the Ontario and Manitoba agreements until December 15.
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