Section 22 Procedure
The Section 22 environmental and social protection regime provides for a two-tiered environmental and social impact assessment and review procedure that is unique to the Territory.
Notably it:
- Is designed to account for the afore-mentioned Section 22 guiding principles.
- Provides a special status of involvement of the Cree which goes beyond that provided for in procedures involving the general public.
- Assures Cree representation on the assessment and review bodies at each step of the procedure.
The Section 22 procedure is built around a set of authorities and bodies composed of appointed representatives, as well as on three Schedules:
Authorities and bodies – Section 22 of the JBNQA
Cree Regional Administrator, Provincial Administrator and Federal Administrator
- Issue the Directives to proponents for their preparation of environmental and social impact statements (EISs);
- After assessments, decide on the subjection or exemption of projects from reviews;
- After reviews, decide on project authorization (or not) and issue conditions.
Environmental and Social Impact Evaluating Committee (COMEV)
- Assesses the Preliminary Information provided by proponents and recommends to the relevant Administrator if reviews are needed (or not);
- May organize public information sessions and consultations for projects under assessment (discretionary);
- If needed, provides recommendations on the contents of the environmental and social impact statements and on the scope of reviews to the Administrator.
Environmental and Social Impact Review Committee (COMEX) and Federal Review Panel - South (COFEX-South)
- Review environmental and social impact statements provided by proponents;
- Organize formal public information sessions and hearings for projects under review (discretionary);
- Provide recommendations on project authorizations (or not), and on conditions and/or mitigations applicable to the project (as the case may be) to the relevant Administrator;
- Assume an ongoing follow up on project authorizations and conditions.
- Schedule 1: inclusion list that identifies projects that are automatically subject to the assessment and review
- Schedule 2: exclusion list that identifies projects that are exempt from assessment and review
- Schedule 3: brief description of the suggested contents of an environmental and social impact statement (EIS)
Projects not listed in either Schedule 1 or Schedule 2 of Section 22 of the JBNQA (grey zone projects) must be assessed by COMEV, which makes recommendations on whether or not the project should be subject to an impact assessment. COMEV also makes recommendations on the scope and content of the environmental and social impact statements. The decision rests with the appropriate Administrator based on the committee’s recommendations. If a review is required, COMEX or COFEX-Sud (depending on the jurisdiction) will examine a project once the environmental and social impact statements has been filed. Following the review, the relevant review committee will forward its recommendations to the appropriate Administrator, who will then make a final decision regarding the authorization of the project and the application of conditions, if any.
Once the authorization has been granted, or if the project is not subject to assessment, further authorizations may be required and must be received before the project begins.