Impact Assessments in Canada's North

On this page

• About northern regulatory regimes
• Yukon's regulatory regime
• Northwest Territories' regulatory regime
• Inuvialuit Settlement Region's regulatory regime
• Nunavut's regulatory regime

About northern regulatory regimes

Canada's 3 territories are home to rich cultures, diverse ecosystems, and tremendous natural resource potential.

Projects like the building of mines, roads or dams can have both positive and negative impacts on the environment, people, communities, or economies.

Impact assessment is a systematic approach to determine the potential impacts of a proposed project. It is a legislated process that helps decision-makers make informed determinations on proposed projects that balance economic, social, and environmental factors.

The impact assessment process in Canada's northern territories is based on a unique co-management approach, rooted in the legal and cultural frameworks of land claims agreements with Indigenous Peoples.

The settlement of land claims provides Indigenous Peoples in the territories with harvesting rights, participation in land and water management, and land ownership rights.

The northern impact review boards and land and water boards and their processes exemplify the co-management principles that are the foundation of the north's integrated land and water management system.

Each territory has its own regulatory regime, defined in legislation specific to the region:

• Yukon: Yukon Environmental and Socio-economic Assessment Act (YESAA)
• Northwest Territories: Mackenzie Valley Resource Management Act (MVRMA)
• Nunavut: Nunavut Planning and Project Assessment Act (NuPPAA)

Additionally, in the Inuvialuit Settlement Region (in the Northwest Territories), the regulatory regimes defined in both the Inuvialuit Final Agreement (IFA) and the Impact Assessment Act (IAA) apply (other than in the Yukon North Slope, where YESAA can apply instead of the IAA).

Public participation and Indigenous consultation are important parts of the impact assessment process. The Northern Participant Funding Program provides funding for Indigenous Peoples and Northerners to participate meaningfully in impact assessments and some regulatory processes for major projects in the territories.

Yukon's regulatory regime

Impact assessments in Yukon are rooted in Chapter 12 of the Umbrella Final Agreement and Yukon First Nation Final Agreements, and are further defined by the Yukon Environmental and Socio-economic Assessment Act (YESAA). The Impact Assessment Act (IAA) does not apply in Yukon.

YESAA establishes the Yukon Environmental Socio-economic Assessment Board (YESAB), an independent arms-length body that administers the impact assessment provisions of YESAA. As set out in YESAA, YESAB also maintains designated offices in specified communities in 6 assessment districts, responsible for conducting certain assessments within their specified areas.

There are 3 tiers of impact assessment in Yukon:

• Evaluations conducted by Designated Offices
• Screenings conducted by the Executive Committee of YESAB
• Panel Reviews conducted by a panel of YESAB

Projects enter the assessment process by triggering a Designated Office Evaluation or Executive Committee Screening, and can be referred to a higher tier for further assessment, as appropriate.

At the end of an assessment, a report, along with recommendations (as applicable), is issued to the decision bodies for a project, who then issue a decision document.

Northwest Territories' regulatory regime

Impact assessments in the Northwest Territories' Mackenzie Valley are rooted in the Gwich'in Comprehensive Land Claim Agreement, Sahtu Dene and Metis Comprehensive Land Claim Agreement, and Tłı̨chǫ Land Claims and Self-Government Agreement, and are further defined by the Mackenzie Valley Resource Management Act (MVRMA). The Impact Assessment Act (IAA) does not apply in the Mackenzie Valley, other than in respect of projects referred for a joint review under the IAA.

The MVRMA establishes the Mackenzie Valley Environmental Impact Review Board (MVEIRB), an independent arms-length body that administers the impact assessment provisions of the MVRMA.

There are 3 tiers of impact assessment in the Mackenzie Valley:

• Preliminary Screening conducted by various parties, though most often by the land and water boards
• Environmental Assessment conducted by MVEIRB
• Environmental Impact Review conducted by a review panel appointed by MVEIRB

Preliminary Screenings determine whether an Environmental Assessment is required. Projects can be referred to an Environmental Impact Review for further assessment, as appropriate. Proponents may also self-refer to an Environmental Assessment, thereby negating the need for a Preliminary Screening.

At the end of an Environmental Assessment or Environmental Impact Review, a report, along with recommendations (as applicable), is issued to the relevant decision-makers for a project (such as responsible ministers, designated regulatory agencies, Tłı̨chǫ Government), who then make a decision.

Inuvialuit Settlement Region's regulatory regime

Impact assessments in the Inuvialuit Settlement Region are rooted in the Inuvialuit Final Agreement (IFA). The IFA establishes the Environmental Impact Screening Committee (EISC) and Environmental Impact Review Board (EIRB), which are independent arms-length bodies that administer the impact assessment provisions of the IFA.

There are 2 tiers of impact assessment in the Inuvialuit Settlement Region under the IFA:

• Screenings conducted by the EISC
• Reviews conducted by the EIRB

Screenings determine whether further assessment (for example, a Review by the EIRB or another review body) is required.

At the end of a Review by the EIRB, a report, along with recommendations (as applicable), is issued to the governmental authorities responsible for authorizing a project, who then make a decision.

With the exception of the Yukon North Slope, the Impact Assessment Act (IAA) also applies in the Inuvialuit Settlement Region. Where both assessment processes are triggered for the same project, the jurisdictions work together to avoid duplication as far as possible.

In the Yukon North Slope, the Yukon Environmental and Socio-economic Assessment Act (YESAA) process can also apply. Recommendations from a Designated Office, the Executive Committee, or a Review Panel for such projects are provided to the EISC who may refer the project to the EIRB. Should a Review by the EIRB be conducted, YESAA assessment requirements cease to apply.

Nunavut's regulatory regime

Impact assessments in Nunavut are rooted in the Nunavut Land Claims Agreement (Nunavut Agreement), and are further defined by the Nunavut Planning and Project Assessment Act (NuPPAA). The Impact Assessment Act (IAA) does not apply in the Nunavut Settlement Area and the Outer Land Fast Ice Zone.

The Nunavut Agreement establishes the Nunavut Impact Review Board (NIRB), an independent arms-length body that administers the impact assessment provisions of the Nunavut Agreement and NuPPAA.

Generally, there are 2 tiers of assessment in Nunavut:

• Screening conducted by NIRB
• Review conducted by NIRB or a federal environmental assessment panel

Screenings determine whether a more in depth review is required. NIRB also conducts impact assessments through the reconsideration of Project Certificate terms and conditions, as set out in the Nunavut Agreement and NuPPAA.

At the end of an assessment, a report, along with recommendations (as applicable), is issued to the responsible ministers for a project, who then make a final decision.