Annex to the Memorandum of Understanding
Between the
Impact Assessment Agency of Canada
and the
Canadian Nuclear Safety Commission

Annex 1 - Information Sharing and Notification Protocol

Whereas the Impact Assessment Agency of Canada (“the Agency”) and the Canadian Nuclear Safety Commission (“the CNSC”) — together, “the participants” — have entered into an MOU on cooperation and collaboration with respect to implementing integrated impact assessment processes under the Impact Assessment Act (the IAA) for designated projects regulated under the Nuclear Safety and Control Act (NSCA).

Therefore, the Agency and the CNSC will consult and work collaboratively, through efficient and effective cooperation, without unnecessary delays or duplication of effort, and in accordance with the provisions of the MOU and the procedures and guidance of this Annex with regard to information sharing and notification.

Purpose

This Annex sets out how the Agency and the CNSC will ensure information exchange and notification during all phases of an integrated impact assessment process.

Scope

This Annex will apply to communication, notification and early and ongoing information sharing in all phases of a potential integrated impact assessment involving designated projects regulated under the NSCA, including engagement, consultation, analysis, and preparatory work activities.

The roles and responsibilities of the Agency and the CNSC relating to an integrated impact assessment process are in accordance with the IAA and the NSCA, respectively.

Information Sharing and Notification

The Agency and the CNSC agree that reciprocal notification and early and ongoing information sharing is important to ensure that the principle of "one project, one assessment" is followed in fulfilling the requirements under the IAA and the NSCA. As such, the Agency and the CNSC agree, at a minimum, to notify each other at the key points outlined below.

Throughout the integrated impact assessment process, the Agency will provide notification to the CNSC regarding planned and/or requested public engagement and Indigenous consultation activities as per the Public Engagement and Indigenous Consultation Annexes (Annexes 2 and 3).

Prior to the submission of an initial Project Description:

• The participants will notify each other if and when a prospective proponent contacts one of the participants for initial and early discussions on a potential designated project prior to the Planning phase of the integrated impact assessment process.
• The participants will collaborate on the review of early drafts of a Project Description to determine completeness and whether the information requirements of the Information Requirements and Time Management Regulations (the Regulations) are met.
• The participants will collaborate on the determination of whether a proposed project is a designated project.
• The participants will share Crown Consultation knowledge as outlined in the Indigenous Consultation Annex (Annex 3).

During the Planning phase:

• The Agency will provide notification to the CNSC regarding when both the initial and detailed Project Descriptions have been accepted and posted on the Registry.
• The Agency will provide notification to the CNSC regarding when the Summary of Issues, Tailored Impact Statement Guidelines, Plans and Notice of Commencement are posted on the Registry.

During the Impact Statement and Impact Assessment phases:

• The participants agree to notify each other regarding any information received regarding the estimated timing for the submission of the Impact Statement / Licence Application.
• The participants agree to notify each other in advance of any bilateral meetings with the proponent or other participants in the integrated impact assessment.
• Following the receipt of the Integrated Review Panel report, the Agency will notify the CNSC as soon as possible if any additional potential impact assessment conditions are required relating to the integrated impact assessment or as a result of consultations with Indigenous groups beyond those potential impact assessment conditions included in the report of the Integrated Review Panel.

During the Decision-Making phase:

• The CNSC will inform the Agency as soon as possible if it is not able to ensure the implementation of a specific mitigation measure or potential impact assessment condition in order to allow that mitigation measure to be included in the impact assessment Decision Statement issued under the IAA.
• The Agency will notify the CNSC prior to the submission of the Memorandum to Cabinet.
• The Agency will notify the CNSC prior to the issuance of the impact assessment Decision Statement under the IAA, should the project be allowed to proceed.
• Should the project receive a positive impact assessment decision, the CNSC will notify the Agency prior to the issuance of a licence under the NSCA.

During the Post-Decision phase:

• The participants agree to keep each other informed regarding:
  • any proposed amendments to impact assessment conditions that could result in changes to achieving the objectives of the conditions but not its scope and intent (e.g., new science, new technology); and
  • any reported non-compliance regarding impact assessment conditions in the licence issued under the NSCA, or, if applicable, the impact assessment Decision Statement issued under the IAA.

Points of Contact

The CNSC and the Agency will each identify the point of contact to coordinate correspondence between the two organizations. These identified points of contact will ensure information exchange and notification during all phases of an integrated impact assessment process.

The CNSC point of contact is the Director of the Environmental Assessment Division or his/her delegate. The Agency’s point of contact is the regional Project Manager for the proposed project. Each participant will ensure that up-to-date contact information for the respective points of contact is made available to each other.