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The government of canada committed to introduce meaningful and targeted amendments to the iaa to respond to the decision, ensure the iaa is constitutionally sound, and restore regulatory certainty. This brief discusses each of those sets of amendments in turn. The federal government unveiled amendments to the iaa in the budget implementation act, 2024, no
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[1] the amendments are intended to ensure the iaa is more efficient and constitutionally sound. Fix the constitutional issues identified by the supreme court and implement measures to improve the efficiency of the act A detailed discussion of the iaa amendments, which were crafted to address the supreme court of canada’s (“ scc ”) findings in reference re
Impact assessment act[ii], is set out in a previous post here.
Draft amendments to the federal impact assessment act (the iaa or the act) were released on tuesday, april 30, 2024, as part of a notice of ways and means motion [pdf] previewing implementation of the 2024 federal budget. Proposed amendments to the impact assessment act In october 2023, the supreme court of canada issued a decision that the impact assessment act (iaa) was partially unconstitutional and must focus on areas of federal jurisdiction. This article summarizes the iaa amendments that became law on june 20, 2024 in an effort to restore the act ’s constitutionality, as well as the broader cabinet directive published on july 5, 2024 aimed at improving all federal regulatory and permitting processes.
The iaa amendments modify the long title, preamble and purpose of the iaa, so as to narrow in on the objective of preventing or mitigating negative effects falling within an area of federal jurisdiction. Amendments to the impact assessment act as noted above, the iaa was amended to achieve two goals