“IAA 101: A Guide to Public Participation in Impact Assessment Act Processes” is an informational resource designed to help the public navigate assessment and decision-making processes carried out under the federal Impact Assessment Act (IAA), prepared by lawyers at the environmental law organizations of Legal Advocates for Nature’s Defence, East Coast Environmental Law, and West Coast Environmental Law.
This Guide is a must-read for anyone considering participating in an assessment under Canada’s IAA. It describes what impact assessment is, outlines key reasons people often participate, explains the difference between public participation and Indigenous engagement and consultation, and talks about key players in the assessment process. It explains the various steps of an assessment under the IAA, from how projects are designated, the various stages of assessment, to follow-up and monitoring after assessments conclude.
The Guide also explores how opportunities for public participation under the IAA differ from Indigenous consultation, engagement, and partnership. Excerpted below, is the Guide’s chapter on Indigenous Peoples’ Inclusion in IAA processes. It identifies and explains some of the key parts of the Act that impact Indigenous engagement and participation, including opportunities, barriers, and requirements addressing how Indigenous knowledge is included and considered.
The inclusion of Indigenous communities and their knowledge in impact assessment processes is necessary to respecting Indigenous peoples’ rights, including their right to determine the development and use of their lands, territories and resources, and their right to participate in decision-making that may affect them. For example, the United Nations Declaration on the Rights of Indigenous Peoples recognizes a number of Indigenous rights that are relevant to impact assessment. It also requires that states like Canada consult and cooperate in good faith with Indigenous peoples in order to obtain their free, prior and informed consent before approving any projects that might affect their territories.