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Canada-British Columbia Environmental Assessment Cooperation Agreement

(14) In the case of a substituted impact assessment, the EAO agrees to exchange, if necessary, information and knowledge on the project with the Agency, subject to Section 13, throughout the impact assessment process and the decision taken following the impact assessment. CONSIDERING that Canada and British Columbia recognize that transparency and accountability are essential features of impact assessment processes; and 5. The Agency and the OCT will endeavour to ensure that a decision statement under the Canada Act and, where applicable, an environmental assessment certificate in accordance with the BC Act contain similar descriptions of the applicable project. The Canada-British Columbia Cooperation Agreement on Impact Assessment sets out how the two legal systems will work together on impact assessments requiring authorizations from both levels of government, using replaced and coordinated joint assessments and review bodies. “impact assessment” means an assessment of the impact of a project, conducted in accordance with the BC Act or the law of Canada. (7) Where a project contains activities governed by the Canadian Energy Regulator Act or the Nuclear Safety and Control Act, and is therefore to be referred to an audit body in accordance with the Canada Act, the Parties agree to consider the establishment of a joint supervisory body for the implementation of the impact assessment. (13) For each impact assessment replaced, the Agency and the EAO shall jointly develop an approval plan in accordance with Subsection 18(1)(b) of the Law of Canada. If a common authorisation plan is not appropriate in the current circumstances, the Agency shall draw up a Confederation authorisation plan and the EAO shall publish the plan. (i) whether the assessment procedure in British Columbia for that project is an appropriate substitute; 1. The Agency and the EAO agree to put in place, from the date on which a supporter has received a first description of the project, a common process of early integration up to the decisions necessary for the impact assessment, in order to allow for coordinated engagement, facilitate common document requirements and facilitate the joint issuance of documents, and agree in particular: (i) the Agency receives information that it is reasonable to consider that a project requires an impact assessment under Canadian law; or 1. The Agency and the OCT shall exchange information and cooperate, to the extent possible, on best practices in impact assessment. WHEREAS Canada and British Columbia agree that substituted impact assessments bring benefits to supporters, Indigenous peoples and the public by reducing workload and streamlining participation, while ensuring that the expertise of both governments is implemented; Information on the project`s substituted impact assessment procedure will be available on the EAO`s specific project website, EPIC. (1) The Parties agree that neither Canada nor British Columbia grants any jurisdiction, right, power, privilege, prerogative or immunity by entering into this Agreement.

The cooperation agreement updates the existing agreements in order to establish cooperation within the framework of the new federal and national legislation. The ILO entered into force on 28 August 2019. For more information, see our bulletin on the new Federal Act on The Federal Impact Assessment of the Confederation. However, the cooperation agreement will not enter into force until the BCEAA enters into force, which is expected to be at the end of 2019. Pending the entry into force of the BCEAA, the Federal Impact Assessment Agency (“Agency”) and the Environmental Assessment Office (EAO) of British Columbia have agreed to cooperate in the spirit of the Cooperation Agreement. (12) As soon as an assessment is to replace the EAO, the assessment is subject to the procedures and time limits laid down in the BC Act. 2. The Agency and the EAO shall coordinate their monitoring and the verification and application of compliance with the rules (the activities covered by the Decision) concerning projects under this Agreement. .

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