Co-operation Agreement between Ontario and Canada

WHEREAS Ontario has constitutional jurisdiction over the development, conservation and management of natural resources in the province, and its decisions related to the management of those resources in the province;

AND WHEREAS Canada and Ontario agree to work toward efficiently and effectively implementing One Project, One Review, and One Decision where each level of government has constitutional responsibilities that can be met through a single assessment process in a manner that enhances co-ordination activities on permitting and eliminates duplication;

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

AND WHEREAS Canada and Ontario 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 Ontario 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 and the Environmental Assessment Act, and contributes to a positive investment climate in Canada;

AND WHEREAS Canada’s decisions under its assessment framework are limited to adverse effects within federal jurisdiction that may be caused by certain types of projects and Canada is committed to rendering these decisions within two years;

AND WHEREAS Canada and Ontario 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 economic resilience, while ensuring environmental protections and Indigenous rights are upheld;

AND WHEREAS Canada and Ontario are committed to respecting Aboriginal and Treaty rights, 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 maintains its commitment to the United Nations Declaration on the Rights of Indigenous Peoples;

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

1. One Project, One Assessment, and One Decision: Reliance on Ontario’s Processes and Reciprocity

(1) When a proposed project is primarily provincially regulated and subject to a provincial environmental assessment process Canada will recognize Ontario as best placed to undertake an assessment and will rely on Ontario’s applicable environmental assessment or regulatory processes to address the adverse effects within federal jurisdiction of a proposed project, 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 Ontario’s environmental assessment and regulatory process requirements into the federal assessment, if applicable and desired by Ontario, as outlined in this Agreement.

2. Early Notification and Information Sharing

(1) The Impact Assessment Agency of Canada (IAAC) and the Ontario Ministry of the Environment, Conservation and Parks (MECP) 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 Ontario’s assessment and permitting/regulatory processes and Ontario’s approach to relying on the federal assessment process, if applicable and desired by Ontario.

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

(3) IAAC and MECP will work with each other and proponents, as early as possible, to ensure that:

a. federal and provincial assessment and permitting/regulatory responsibilities, legislative authorities, and potential requirements are identified; and

b. information about means that would allow Ontario to address adverse effects within federal jurisdiction that may be caused by the proposed project is shared with IAAC and that IAAC shares information that is relevant to MECP.

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

(1) In alignment with 1(1) of this Agreement, IAAC commits to avoiding duplicative decision-making processes related to assessments by relying on the provincial process in circumstances where Ontario confirms that provincial environmental assessment or regulatory processes will address potential adverse effects in federal jurisdiction, as is reasonable after taking into account the factors in subsection 16(2) of the IAA.

(2) In such circumstances, IAAC will provide for continued support and/or resources to Ontario, as requested and reasonable This may include coordination of federal advice related to technical and regulatory aspects of the project related to effects within federal jurisdiction, or providing Ontario with such other resources as may be reasonably required to effectively assess such potential effects to Canada’s satisfaction. 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. Substitution to Ontario’s Process or to Harmonized Process

(1) Where a federal impact assessment is required for a proposed project that is also subject to a provincial environmental assessment process, Ontario will determine whether to submit a request to substitute the federal assessment to the Province’s process or to a harmonized process as provided for in clauses 31(1)(a) and (b) of the IAA and will endeavour to make such request no later than 10 days after IAAC’s decision under section 16 of the IAA.

(2) The request would confirm how the provincial assessment process on it own, or together with an arrangement between IAAC and MECP, will meet the requirements of subsection 33(1) of the IAA. Such arrangement would document the roles, responsibilities, activities and timelines that will lead to a single assessment process that meets the legislative requirements of both Parties for the assessment of effects of the project and would constitute an arrangement for the proposed project pursuant to subsection 114(1)(f) of the IAA, as required under subsection 31(1)(b) of the IAA.

(3) In a substituted assessment the Parties will each retain the responsibility to ensure that the duty to consult and, where appropriate, accommodate Indigenous Peoples has been satisfied. IAAC and MECP will coordinate consultation and co-operate throughout the assessment.

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

(1) At the conclusion of a substituted or harmonized assessment, the Parties will retain final decision-making authority pursuant to their respective legislation. Federal assessment decisions on provincially regulated projects will be based on that assessment and focused on significant adverse environmental effects in federal jurisdiction.

(2) Regardless of the approach to the assessment, IAAC and MECP will jointly review potential conditions for the decision statement under the IAA and Notice of Approval under the EAA 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.

a. 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, and as provided for under the IAA.

(3) Where practical and appropriate, IAAC and MECP will coordinate the opportunity for proponents, Indigenous Peoples, and the public to review potential assessment conditions.

(4) IAAC and MECP will develop a co-operative approach to coordinate federal and provincial permitting activities.

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

a. ensure the consideration of downstream permitting and approval requirements in the assessment process, as appropriate, while recognizing the nature and intended functions of assessment and permitting processes;

b. share information about federal and provincial permitting progress on matters relevant to the federal and provincial assessments;

c. consider joint measures that could be undertaken to further support streamlined regulatory processes, early issues resolution, and effective engagement with Indigenous Peoples;

d. 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

e. increase reliance on provincial reports and documents to meet subsequent federal regulatory and permitting processes and requirements, to the extent possible.

6. Indigenous Peoples

(1) IAAC and MECP commit to working together to co-operate on and coordinate open, transparent, effective and timely communications and consultation with Indigenous Peoples. This includes co-operating on the identification of Indigenous communities for consultation throughout assessment processes and coordinating consultation activities to the extent possible.

(2) IAAC and MECP 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 to ensure that both Canada’s and Ontario’s requirements are met.

(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.

7. Information Sharing & Communications

(1) IAAC and MECP 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) IAAC and MECP will work together with Indigenous Peoples with respect to the sharing and protection of Indigenous Knowledge, including consulting with Indigenous Peoples regarding the sharing of Indigenous Knowledge between IAAC and MECP.

(3) IAAC and MECP agree to coordinate open, transparent, effective and timely communications with the public to support participation in assessments.

8. Resources

(1) When Ontario is addressing effects within federal jurisdiction through Ontario’s environmental assessment process, IAAC will provide, if requested, resources as reasonably required to do so to Canada and Ontario’s satisfaction and in a timely manner so as not to delay review timelines.

9. Participant Funding

(1) IAAC and MECP 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.

10. Application of this Agreement

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

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

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

11. 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 MECP.

(2) This Agreement can be terminated by either Party after providing 12 months notice to the other Party.

(3) Notwithstanding the termination of this Agreement under 11(2), this Agreement continues to apply to any assessments that were being carried out under it on the day the Agreement was terminated.

12. Review

(1) The Parties agree to meet to at least once a year to discuss the ongoing operation and performance of this Agreement and in particular progress toward achieving the goal of One Project, One Review, and One Decision.

Signatures (Minister-level)