ID: 2131
Presenting Author: Robert MUGO
Session: 541 - EsIA and Permitting Improvements for Efficiency and Effectiveness: Lessons Learned
Status: pending
An analysis of how Canada's IA system has evolved to balance efficiency, constitutional mandates, and holistic modern concerns (climate, reconciliation); lessons learned and what lies ahead
The evolution of Canada’s federal Impact Assessment (IA) regime (1970s–Present) reflects recurring legislative cycles aimed at correcting failures in efficiency, accountability, or scope. The administrative EARP process (1970s) was replaced by the statutory CEAA 1995 to ensure legal accountability. However, regulatory delays and high project costs led to the streamlined CEAA 2012, which narrowed federal scope to promote economic growth and resource sector investment.
This pursuit of efficiency eroded public trust, especially among First Nations communities. In response, the Impact Assessment Act (IAA 2019) introduced “holistic impact assessment” based on sustainability, mandating integration of climate change effects, Indigenous knowledge, and reconciliation commitments. While the IAA addressed modernization demands for critical minerals and infrastructure, its broad scope was challenged as federal overreach into provincial jurisdiction. The Supreme Court of Canada’s 2023 ruling required amendments in 2024 to re-anchor federal authority to clear constitutional powers.
Drawing on practitioner experience, this paper examines how the policy focus on efficiency and effectiveness has created a trust deficit among stakeholders. It assesses how efforts to restore trust and expand IA scope have been limited by constitutional constraints. Finally, it reviews key ingredients for designing an effective federal IA regime that meets modern challenges—such as climate change and strategic infrastructure—while maintaining legal certainty and public legitimacy.
Robert K. Mugo is IA practitioner and instructor with over 20 years of experience conducting and teaching IAs, SESAs and CEA for natural resource and infrastructure development projects globally