Co-operation Agreement between Alberta and Canada

Draft Co-operation Agreement on Environmental and Impact Assessment

Between:

Alberta as represented by the Minister of Environment and Protected Areas (“Alberta”)

and

Canada as represented by the Minister of Environment, Climate Change and Nature (“Canada”)

WHEREAS Alberta and Canada signed a Memorandum of Understanding to strengthen energy collaboration and build a stronger, more competitive, and more sustainable economy on November 27, 2025, and part of that Memorandum indicated Alberta and Canada would negotiate a co-operation agreement on impact assessments on or before April 1, 2026, that reduces duplication through a single assessment process that respects federal and provincial jurisdictions;

AND WHEREAS Alberta has exclusive legislative jurisdiction over the development, conservation and management of non-renewable natural resources in the province, and decisions related to the management of those resources in the province as well as jurisdiction over local works and undertakings, property and civil rights, local matters of a private nature, provincial Crown lands and the generation of electricity;

AND WHEREAS Canada and Alberta agree to work toward efficiently and effectively implementing a streamlined assessment approach that defers, whenever possible, to provincial processes for projects and activities that primarily fall within Alberta’s exclusive legislative jurisdiction, to eliminate duplication;

AND WHEREAS Alberta and Canada recognize that responsibilities for the environment are shared and recognize responsibilities to consult with, and where appropriate, accommodate Indigenous Peoples when the Crown contemplates actions that could adversely impact their rights recognized and affirmed under the Constitution;

AND WHEREAS Canada and Alberta have each established robust processes for the high-quality assessment of the effects of certain types of projects, informed by rigorous science, Indigenous consultation, public participation, and community knowledge;

AND WHEREAS Canada and Alberta recognize the importance of implementing their assessment processes in a manner that respects federal and provincial jurisdiction and is transparent, coordinated, efficient and timely, enables each of them to exercise their respective powers and duties under the Impact Assessment Act (IAA) and the Environmental Protection and Enhancement Act (EPEA), and contributes to a positive investment climate in Canada;

AND WHEREAS Canada and Alberta are committed to improving efficiency of these assessment and permitting processes, which is critical to increasing regulatory certainty and to attracting investment in major projects and enhancing economic resilience, while ensuring environmental protections and Indigenous Peoples’ rights are respected;

AND WHEREAS Canada and Alberta are committed to respecting Indigenous Peoples’ rights recognized and affirmed under the Constitution, engaging in early, consistent, and meaningful consultation with Indigenous Peoples, in a manner that promotes reconciliation, and respects the rights and cultures of Indigenous Peoples, while advancing economic opportunities through Indigenous ownership and partnerships;

AND WHEREAS Canada is committed to issuing federal assessment decisions within a maximum of two years from receipt of the initial project description in accordance with the Impact Assessment Agency of Canada’s (IAAC) implementation policies and guidelines;

AND WHEREAS Canada maintains its commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP);

AND WHEREAS Alberta continues to act in a manner that is consistent with treaties, the Canadian Constitution, and Alberta law, and views UNDRIP as non-binding;

NOW THEREFORE, Canada and Alberta agree to co-operate in the conduct of assessments in accordance with the provisions in this Agreement.

1. Reliance on Alberta’s Processes and Reciprocity

(1) When a proposed project is primarily within provincial jurisdiction, Canada will recognize Alberta as best placed to undertake an assessment and will rely on Alberta’s environmental assessment or regulatory processes to assess the effects of the project including, as applicable, to address adverse effects within federal jurisdiction, as defined in the IAA, as outlined in this Agreement.

(2) When a proposed project is or includes a federal work or undertaking or is on federal land Canada commits to integrating Alberta’s environmental assessment and regulatory process requirements into the federal assessment, if applicable and desired by Alberta, as outlined in this Agreement.

2. Early Notification and Information Sharing

(1) The Impact Assessment Agency of Canada (IAAC) and the Alberta ministries or regulators authorized under EPEA to carry out provincial environmental impact assessments (collectively the Alberta Regulator) will implement the following commitments regarding early notification and information sharing to ensure sufficient information is available to inform Canada’s approach to relying on Alberta’s assessment and permitting/regulatory processes and Alberta’s approach to relying on the federal assessment process, if applicable and desired by Alberta.

(2) IAAC and the applicable Alberta Regulator will notify each other as early as possible of a potential project that may be subject to both the IAA and the EPEA.

(3) IAAC and the applicable Alberta Regulator will work with each other and proponents, as early as possible, to ensure that federal and provincial assessment and permitting/regulatory responsibilities, legislative authorities, and potential requirements are identified;

(4) The applicable Alberta Regulator will share with IAAC information about means that would allow Alberta to address adverse effects within federal jurisdiction that may be caused by the proposed project and IAAC will share information that is relevant to the applicable Alberta Regulator; and

(5) IAAC and the applicable Alberta Regulator will undertake to inform Indigenous groups as early as possible, and share information where possible, regarding projects subject to this Agreement.

3. Decision-Making About the Conduct of a Federal Impact Assessment

(1) In alignment with clause 1(1) of this Agreement, IAAC commits to avoiding duplicative decision-making processes related to assessments by relying on the provincial environmental assessment or regulatory processes in circumstances where Alberta confirms that those processes will address the adverse effects within federal jurisdiction, as defined in the IAA, of projects that are primarily regulated by Alberta and/or there is a means other than impact assessment to address such effects, when making decisions about such projects as is reasonable after taking into account the factors under sections 9 and / or 16 of the IAA.

(2) In such circumstances, IAAC will provide for continued support and/or resources to Alberta, as requested and reasonable. This may include coordination of federal advice related to technical and regulatory aspects of the project related to potential adverse effects within federal jurisdiction, as defined in the IAA, or providing Alberta with such other resources as may be reasonably required to effectively address such potential effects. Such provision of continued federal support and/or resources may be considered as part of IAAC’s determination on whether a federal impact assessment is required.

4. Co-operative Assessments

(1) Notwithstanding clauses 1(1) and (2), in the event both federal and provincial assessments may apply to a proposed project, the parties are committed to avoiding duplicative processes. In such circumstances IAAC and the applicable Alberta Regulator will develop an arrangement, including roles, responsibilities, activities and timelines that would lead to a single assessment process that would meet the legislative requirements of both jurisdictions. The proposed arrangement will be reviewed and considered by the President of IAAC and the Deputy Minister-level head of the relevant Alberta Regulator.

5. Timeline for Completion of Impact Assessment

(1) Any impact assessment determined to be required under this agreement will be completed within a maximum of two years from receipt of the initial project description in accordance with IAAC’s implementation policies and guidelines.

6. Co-ordination of Potential Assessment Conditions and Decision-Making; and Permitting

(1) In the event that both federal and provincial assessments apply to a proposed project, IAAC and the applicable provincial public interest decision-maker or regulatory approval decision-maker(s) will jointly review potential conditions for the decision statement under the IAA and the applicable provincial decision or approval(s) to minimize duplication and regulatory burden, and to align, where appropriate, descriptions of the applicable project, reporting and notification requirements, terminology and definitions, and deadlines, to the extent possible.

1. Where duplication of potential assessment conditions has been identified, federal conditions will defer to provincial conditions and authority, when applicable provincial legislation, regulation, policies and/or processes exist.

(2) Where practical and appropriate, IAAC and the applicable provincial public interest decision-maker or regulatory approval decision-maker(s) will coordinate the opportunity for proponents, Indigenous Peoples, and the public to review potential assessment conditions.

(3) Canada and Alberta will develop a co-operative approach to coordinate federal and provincial permitting activities.

(4) Regardless of the approach to the assessment, Alberta and Canada will endeavour to work with key provincial and federal authorities on major projects to:

1. ensure the consideration of permitting and approval requirements in the assessment process, as appropriate, while recognizing the nature and intended functions of assessment and permitting processes;
2. share information about federal and provincial permitting progress on matters relevant to the federal and provincial assessments;
3. consider joint measures that could be undertaken to further support streamlined regulatory processes, early issues resolution, and effective engagement with Indigenous Peoples;
4. consider opportunities to improve co-ordination and integration of federal and provincial permitting processes and enhance existing joint tools and processes to expedite authorizations and permitting for major projects, including opportunities to increase reliance on provincial authorization processes; and
5. increase reliance on provincial reports and documents to meet subsequent federal regulatory and permitting processes and requirements, to the extent possible.

7. Indigenous Peoples

(1) When a proposed project is primarily within provincial jurisdiction, Canada will recognize Alberta as best placed to consult with Indigenous Peoples pursuant to Alberta’s consultation policies and practices in relation to the effects of relevant provincial decisions on the rights of Indigenous peoples.

(2) IAAC and Alberta commit to respecting the rights of Indigenous Peoples of Canada recognized and affirmed by Section 35 of the Constitution Act, 1982, supporting meaningful Indigenous participation in the assessment process, and incorporating Indigenous perspectives in assessments.

(3) For certainty, nothing in this Agreement is intended to limit the ability of either of the Parties to co- operate, or enter into agreements or arrangements, with Indigenous Peoples respecting assessments or incorporate Indigenous-led assessments.

8. Information Sharing & Communications

(1) IAAC and the applicable Alberta Regulator will seek to identify opportunities to share information and streamline the collection and public dissemination of information through their respective assessment processes while ensuring each jurisdiction’s legislative requirements are satisfied.

(2) Canada will work with Indigenous Peoples with respect to the sharing and protection of Indigenous Knowledge.

(3) Alberta commits to receiving, sharing, and considering Indigenous Knowledge in accordance with Alberta’s legislation, policies, and practices.

(4) IAAC and the applicable Alberta Regulator agree to coordinate open, transparent, effective and timely communications with the public to support participation in assessments.

9. Participant Funding

(1) IAAC and the applicable Alberta Regulator will work to coordinate distribution of federal funding for participation in assessment, to the extent practicable, including the provision of funding to Indigenous Peoples to support their participation in assessments conducted under this Agreement while respecting the participation rights in provincial legislation.

10. Application of this Agreement

(1) The Parties agree that neither Canada nor Alberta cede any jurisdiction, right, power, privilege, prerogative or immunity by entering into this Agreement.

(2) The Parties acknowledge that Alberta is challenging the constitutionality of the IAA, which is a matter before the courts. By entering into this Agreement, Alberta does not acknowledge the IAA is constitutional.

(3) This Agreement does not create or alter any power or duty under any enactment of Canada or Alberta and is not intended to direct or fetter the exercise of such powers or duties.

(4) Should a proposed project be located on or cross a boundary with another province or territory with a portion of the project located within Alberta, the Parties would seek to apply the principles and approaches contained herein in co-operation with the other province or territory.

11. Issues Management

(1) The Parties will make reasonable efforts to agree on the interpretation and application of this Agreement and will work with each other to resolve issues related to the implementation of this Agreement through co-operation and consultation. This includes a commitment to provide reasonable advance notice to one another of decisions related to the implementation of this Agreement and an opportunity to provide comments.

(2) Should differences in views arise between the Parties on any matters related to the interpretation or implementation of this Agreement, including process and content issues, the Parties will, to the extent possible, seek to resolve their differences at the working level. Where these efforts are unsuccessful, either Party may request a meeting at a senior level, to seek a resolution of the issue or to agree on a process for resolving the issue and a timeframe within which to resolve it. Unless otherwise agreed, such meeting will be held within ten days of a Party first requesting a meeting.

(3) If the issue has not been resolved after the timeframe agreed to by the senior officials at the onset of the issue management process, the matter may be referred to the President of the IAAC and the Deputy Minister-level head of the relevant Alberta Regulator to facilitate resolution of the issues by the Parties. Where a matter is referred by either Party under this section, the President of the IAAC and the Deputy Minister-level head of the relevant Alberta Regulator will make reasonable efforts to facilitate resolution of the issues by the Parties.

(4) IAAC and the applicable Alberta Regulator recognize that this issue management process does not fetter the authority of IAAC under the IAA or of Alberta under the EPEA.

12. General Provisions

(1) This Agreement will be implemented on the date of the last signature of the Parties and may be amended in writing at any time by mutual consent of both IAAC and Alberta.

(2) This Agreement can be terminated by either Party after providing 90 days notice to the other Party.

(3) Notwithstanding the termination of this Agreement under clause 12(2), this Agreement continues to apply to any assessments that were being carried out under it on the day the Agreement was terminated.

Signatures (Minister-level)

*For Alberta, the English version of this agreement is authoritative.