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Bill C-69

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-69
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
FIRST READING, February 8, 2018
MINISTER OF ENVIRONMENT AND CLIMATE CHANGE
90865


RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts”.
SUMMARY
Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a)names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b)provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c)prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d)establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e)authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f)establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g)provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h)sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i)provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j)provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k)provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l)provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m)sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a)provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b)ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c)provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d)provides for the regulation of international power lines and certain interprovincial power lines;
(e)provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f)provides for the regulation of access to lands;
(g)provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h)sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a)rename it the Canadian Navigable Waters Act;
(b)provide a comprehensive definition of navigable water;
(c)require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d)require that an owner apply for an approval for a major work in any navigable water;
(e) set out the factors that the Minister must consider when deciding whether to issue an approval;
(f)provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g)provide the Minister with powers to address obstructions in any navigable water;
(h)amend the criteria and process for adding a reference to a navigable water to the schedule;
(i)require that the Minister establish a registry; and
(j)provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
Preamble
PART 1
Impact Assessment Act
1
Enactment
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects
Short Title
1
Impact Assessment Act
Interpretation
2
Definitions
3
Rights of Indigenous peoples of Canada
Application
4
Non-application
Her Majesty
5
Binding on Her Majesty
Purposes
6
Purposes
Prohibitions
7
Proponent
8
Federal authority
Designation of Physical Activity
9
Minister’s power to designate
Planning Phase
Obligations
10
Proponent’s obligation — description of designated project
11
Public participation
12
Agency’s obligation — offer to consult
13
Federal authority’s obligation
14
Agency’s obligation — summary of issues
15
Proponent’s obligation — notice
Decisions Regarding Impact Assessments
Agency’s Decision
16
Decision
Minister’s Decision
17
Minister’s power
Information Gathering
18
Notice of commencement
19
Time limit for information or studies
20
Termination of impact assessment
Impact Assessments
Consultation and Cooperation with Certain Jurisdictions
21
Agency’s or Minister’s obligations
Factors To Be Considered
22
Factors — impact assessment
Federal Authority’s Obligation
23
Specialist or expert information
Impact Assessment by Agency
General Rules
24
Application only when no referral to review panel
25
Agency’s obligations
26
Information
27
Public participation
28
Public notice in certain cases — draft report
29
Delegation
30
Non-disclosure
Substitution
31
Minister’s power
32
Exceptions
33
Conditions
34
Assessment considered in conformity
35
Additional information
Impact Assessment by a Review Panel
General Rules
36
Referral to review panel
37
Time limit
38
Studies and collection of information
39
Agreement to jointly establish review panel
40
Mackenzie Valley Resource Management Act
41
Terms of reference and appointment of members
42
Provisions of agreement
43
Obligation to refer
44
Terms of reference — Nuclear Safety and Control Act
45
Impact assessment to be used
46
Powers in relation to Nuclear Safety and Control Act
47
Terms of reference — Canadian Energy Regulator Act
48
Powers in relation to Canadian Energy Regulator Act
49
Summary and information
50
Establishment of roster
51
Review panel’s duties
52
Information
53
Power to summon witnesses
54
Informal proceedings
55
Copy posted on Internet site
56
Studies and collection of information
Confidential Information
57
Non-disclosure
Rules in Case of Termination
58
Power to terminate
59
Completion of impact assessment by Agency
Decision-Making
60
Minister’s decision
61
Referral to Governor in Council
62
Governor in Council’s determination
63
Factors — public interest
64
Conditions — effects within federal jurisdiction
Decision Statement
65
Decision statement issued to proponent
66
Posting of decision statement on Internet site
67
Decision statement considered to be part of licence under Nuclear Safety and Control Act
68
Minister’s power — decision statement
69
Public notice — amendment to decision statement
70
Minister’s obligation
71
Revocation of decision statement
72
Amending decision statement — information
Termination of Impact Assessment
73
Termination by Agency or Minister
Confidential Information
74
No disclosure
Participant Funding Programs
75
Agency’s obligation
Cost Recovery
76
Regulations
77
Powers exercised, duties and functions performed during a given period
78
Expenditure of fees, charges, etc.
79
Debt due to Her Majesty
80
Unpaid fees, charges, etc.
Duties of Certain Authorities in Relation to Projects
81
Definitions
82
Project carried out on federal lands
83
Project outside Canada
84
Factors
85
Federal authority’s obligation
86
Notice posted on Internet site
87
Power to designate physical activities
88
Designation of class of projects
89
Notice inviting public comments
90
Referral to Governor in Council
91
Non-application — national emergency or emergency
Regional Assessments and Strategic Assessments
Regional Assessments
92
Regional assessments — region entirely on federal lands
93
Regional assessments — other regions
94
Agency’s obligation to offer to consult
Strategic Assessments
95
Assessments
General Rules
96
Committee’s mandate and appointment of members
97
Minister’s obligations — request for assessment
98
Information available to public
99
Public participation
100
Federal authority’s obligation
101
Application of section 53
102
Report to Minister
103
Copy of report posted on Internet site
Canadian Impact Assessment Registry
Establishment of Registry
104
Canadian Impact Assessment Registry
Internet Site
105
Establishment and maintenance
Project Files
106
Establishment and maintenance
General
107
Categories of available information
108
Protection from civil proceeding or prosecution
Administration
109
Regulations — Governor in Council
110
Amendment of Schedule 2
111
Review of regulations
112
Regulations — Minister
113
Externally produced documents
114
Minister’s powers
115
Non-application — national security
116
Statutory Instruments Act
Minister’s Advisory Council
117
Advisory council to be established
118
Meetings
Traditional Knowledge of the Indigenous Peoples of Canada
119
Confidentiality
Administration and Enforcement
Enforcement Officers and Analysts
120
Designation
121
Immunity
Powers
122
Authority to enter
123
Warrant for dwelling-house
124
Entry on private property
125
Production of documents
Notice of Non-compliance
126
Issuance
Orders
127
Measures required
128
Exigent circumstances
129
Duty to comply with order
Review of Orders
130
Request for review
131
Review
132
No automatic stay on review
133
Evidence
134
Powers of review officer
135
Decision
136
Immunity
137
Rules
Federal Court
138
Appeal to Federal Court
139
Order not suspended
Injunctions
140
Court’s power
Voluntary Reports
141
Voluntary reports
Prohibitions and Offences
142
Obstruction
143
False statements or information
144
Offences
145
Determination of small revenue corporation or entity status
146
Continuing offences
147
Liability of senior officers
148
Duties of senior officers
149
Limitation period or prescription
150
Admissibility of evidence
151
Notice to shareholders
Publication
152
Power
Impact Assessment Agency of Canada
153
Agency continued
154
Delegation to Agency
155
Agency’s objects
156
Agency’s duties
157
Expert committee
158
Advisory committee — interests and concerns of Indigenous peoples
159
Using government facilities
160
President
161
Executive Vice-president
162
Remuneration
163
Appointment under Public Service Employment Act
164
Head office
165
Contracts, etc.‍, binding on Her Majesty
Annual Report
166
Annual report to Parliament
Review of Act
167
Review of Act after 10 years
Transitional Provisions
168
Definitions
169
President of former Agency
170
Executive Vice-president of former Agency
171
Employment continued
172
References
173
Transfer of rights and obligations
174
Commencement of legal proceedings
175
Continuation of legal proceedings
176
Appropriations
177
Persons designated
178
Screenings commenced under 1992 Act
179
Comprehensive studies commenced under 1992 Act
180
Screenings under 2012 Act
181
Environmental assessments by former Agency under 2012 Act
182
Environmental assessments by other responsible authorities
183
Environmental assessments referred to review panel
184
Decision statements issued under 2012 Act
185
Substitution
186
Unpaid costs
187
Privileged evidence, documents or things
188
Regulations
Amendments to the Impact Assessment Act
2
Amendments
Repeal
9
Repeal
PART 2
Canadian Energy Regulator Act
10
Enactment
An Act to establish the Canadian Energy Regulator
Short Title
1
Canadian Energy Regulator Act
Interpretation
2
Definitions
3
Rights of Indigenous peoples of Canada
4
Application — Special Act lands
5
Powers of liquidators, trustees, etc.
Purpose
6
Purpose of Act
General
7
Binding on Her Majesty
8
Order designating Minister
PART 1
Canadian Energy Regulator
9
Definition of document of authorization
Establishment and Mandate
10
Canadian Energy Regulator
11
Mandate
12
Jurisdiction — Inuvialuit Settlement Region
13
Governor in Council directions
Board of Directors
14
Establishment and composition
15
Appointment
16
Conflict of Interest Act
17
Role of the board of directors
18
Annual report
19
Role of Chairperson
20
Vacancy
Chief Executive Officer
21
Appointment
22
Conflict of Interest Act
23
Role of Chief Executive Officer
24
Designated officers
25
For greater certainty
Commission
Composition and Appointments
26
Commission
27
Quorum
28
Appointment
29
Conflict of Interest Act
30
Vacancy
Powers, Duties and Functions
31
Court of record
32
Jurisdiction
33
Power to act on own initiative
34
Orders and prohibitions
35
Rules
36
Annual report
Lead Commissioner and Deputy Lead Commissioner
37
Designation
38
Role of Lead Commissioner
39
Acting Lead Commissioner
40
Acting Lead and Deputy Lead Commissioners
Instructions and Measures
41
Instructions regarding timeliness
42
Measures to meet time limit
43
Inconsistencies
44
Non-application
Authorizations, Panels and Hearings
45
Authorization — powers, duties and functions
46
Authorization — report
47
Replacement of commissioner during hearing
48
Replacement of panel member during hearing
49
Lead Commissioner’s powers
50
Change in composition of panel
51
Authorization to continue
52
Public hearings
Recommendations
53
Reasons
Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers
54
Regulations
55
Apportionment of work
Rights and Interests of the Indigenous Peoples of Canada
56
Duty to consider — Commission
57
Involvement of Indigenous peoples of Canada
58
Confidentiality — traditional knowledge
59
Regulations
Confidentiality of Information
60
Confidentiality
61
Confidentiality
62
Confidentiality
Decisions and Orders
General
63
Reasons
64
Enforcement of orders
65
Conditions
66
General or particular application
67
Coming into force and cessation of effect — Commission
68
Relief
Reviews and Appeals
69
Power to review, vary or rescind — Commission
70
Decisions final
71
Appeal to Commission
72
Appeal to Federal Court of Appeal
Alternative Dispute Resolution
73
Alternative dispute resolution
Public Engagement
74
Public engagement
75
Participant funding program
Collaborative Processes and Ministerial Arrangements
76
Collaborative processes
77
Ministerial arrangements
78
Regulations
79
Inconsistencies
Advice
80
Study and review
81
Reports and recommendations to Minister
82
Recommendations on cooperative measures
83
Request of Minister
84
Other requests
85
Powers — Inquiries Act
86
Use of government agencies
Cost Recovery
87
Regulations
88
Service Fees Act
General
89
Definition of certified document
90
Compensation
91
Public Service Superannuation Act
92
Statutory Instruments Act
PART 2
Safety, Security and Protection of Persons, Property and Environment
Definitions
93
Definitions
General Duty
94
Reasonable care
Regulation of Construction, Operation and Abandonment
95
Orders
96
Regulations
97
Exemption orders
98
Regulations
99
Offence and punishment
Security of Regulated Facilities
100
Security regulations
101
Abandoned facilities
Administration and Enforcement
102
Designation of inspection officers
103
Authority to enter
104
Warrant to enter dwelling-house or living quarters
105
Immunity
106
Prohibition — obstruction
107
Prohibition — false statements or information
108
Notice of non-compliance
109
Grounds for making order
110
Effect of appeal
111
Information confidential
112
Offence and punishment — duty to assist and orders
Privilege
113
Definitions
114
Voluntary reporting
Administrative Monetary Penalties
Regulator’s Powers
115
Regulations
116
Powers of Regulator
Violations
117
Commission of violation
118
Liability of directors, officers, etc.
119
Proof of violation
120
Issuance and service of notice of violation
Rules about Violations
121
Certain defences not available
122
Continuing violation
123
Violation or offence
124
Limitation period or prescription
Reviews
125
Right to request review
126
Correction or cancellation of notice of violation
127
Review
128
Object of review
129
Burden of proof
Responsibility
130
Payment
131
Failure to act
Recovery of Penalties
132
Debts to Her Majesty
133
Certificate
General
134
Admissibility of documents
135
Publication
Polluter Pays Principle
136
Purpose
Liability
137
Recovery of loss, damage, costs, expenses
Financial Requirements
138
Financial resources
139
Pooled fund
Reimbursement by Company
140
Reimbursement —  measures taken by government institution
Designated Company
141
Designation
142
Regulations imposing fees, etc.
Pipeline Claims Tribunal
Establishment
143
Establishment of Tribunal
144
Jurisdiction of courts
145
Public notice
146
Members of Tribunal
147
Tenure
148
Immunity
Chairperson and Staff
149
Chairperson
150
Staff
151
Technical or specialized knowledge
152
Payment by Regulator
153
Staff and facilities
Tribunal’s Powers, Duties and Functions
154
Hearings
155
Powers
156
Examinations
157
Frivolous or vexatious claims
158
Written submissions
159
Rules
Claims for Compensation
160
Application
161
Public hearings
162
Interim award of compensation
163
Determining compensation
Payment by Regulator
164
Amount to be paid
165
Total amount
166
Recovery of overpayment
167
Report
Reconsideration
168
Reconsideration
169
Determining compensation
Judicial Review
170
Grounds
Appropriation and Repayment
171
Amount paid out of Fund
Regulations
172
Regulations — Tribunal
173
Regulations — compensation
Sentencing Respecting Releases from Pipelines
174
Sentencing principles
175
Orders of court
176
Variation of sanctions
177
Subsequent applications with leave
178
Recovery of fines and amounts
PART 3
Pipelines
General
179
Companies only
180
Operation of pipeline
181
Limitations
Certificates
182
Application for certificate
183
Report
184
Order to reconsider
185
Impact Assessment Act
186
Decision by Governor in Council
187
Compliance
188
Application for judicial review
189
Continuation of jurisdiction and obligation
190
Variation or transfer of certificates
191
Recommendation to vary or transfer
192
Recommendation not to vary or transfer
193
Order to reconsider
194
Publication of order
195
Suspension of certificates
196
Revocation of certificates — application or consent
197
Revocation of certificates — contravention
Location of Pipelines
198
Approval
199
Plan, profile and book of reference
200
Additional material to be deposited
Determination of Detailed Route and Approval
201
Notice to owners
202
Public hearing
203
Matters to be taken into account
204
Conditions
205
Notice of decision
206
Costs of making representations
207
For greater certainty
Errors
208
Application for correction of errors
209
Error as to names
Duties of Land Registrar
210
Registration of plans, etc.
Deviations and Relocations
211
Approval of deviations
212
Relocation
Leave to Open Pipelines
213
Leave required
Exemptions
214
Orders
215
Impact Assessment Act
Regulations Concerning Time Limits
216
Power of the Regulator
Construction Despite Presence of Utilities or Navigable Waters
217
Construction — utility
218
Construction or operation — navigable water
219
Effects of recommendation on navigation
220
Pipeline not work
221
Regulations
222
Existing terms and conditions
223
Offence and punishment
224
If pipeline affixed to any real property or immovables
Traffic, Tolls and Tariffs
Interpretation
225
Definition of tariff
Commission’s Powers
226
Orders
Filing of Tariff
227
Tariff to be filed
228
Commencement of tariff
229
Authorized tolls
Just and Reasonable Tolls
230
Tolls
231
Determination — Commission
232
Interim tolls
Disallowance or Suspension of Tariff
233
Disallowance
234
Suspension
Discrimination
235
No unjust discrimination
236
Burden of proof
237
Prohibition
Contracts Limiting Liabilities
238
General rule
Transmission by Pipeline
239
Duty — company
Transmission and Sale of Gas
240
Extension or improvement
Abandonment
241
Limitation
242
Costs and expenses related to abandonment
243
Orphan pipelines
244
Orphan abandoned pipelines
245
Measures
246
Orphan Pipelines Account
PART 4
International and Interprovincial Power Lines
International Power Lines
247
Prohibition
Permits
248
Issuance
249
Publication
Location and Construction under Provincial Law
250
Provincial regulatory agency
251
Application
252
Laws of a province
253
Application of provincial laws
254
Powers, duties and functions of provincial regulatory agency
255
Paramountcy
Certificates
Designated International Power Lines
256
Further information
257
Recommendation and delay of issuance
258
Where certificate required
Election — Application of this Act
259
Election by applicant or holder
260
Effect of election
Designated Interprovincial Power Lines
261
Where certificate required
Issuance of Certificate
262
Issuance
263
Impact Assessment Act
Location and Construction under Federal Law
264
Application
265
Prohibition
266
Application of certain provisions
Navigable Waters
267
Construction or operation
268
Effects on navigation
269
Power lines not works
270
Regulations
Facilities, Ground Disturbances and Relocation
271
Application
272
Construction — facility
273
Prohibition — construction or ground disturbance
274
Relocation
275
Orders
276
Temporary prohibition — ground disturbances
Abandonment
277
Prohibition
Permits and Certificates
278
Conditions — permit
279
Compliance
280
Variation or transfer of certificates
281
Recommendation to vary or transfer
282
Recommendation not to vary or transfer
283
Order to reconsider
284
Publication of order
285
Suspension of certificates
286
Revocation of certificates — application or consent
287
Revocation of certificates — contravention
288
Variation or transfer of permits
289
Suspension or revocation of permits
General Provisions
290
Application of certain provisions
291
Regulations
Offences
292
Offence and punishment
293
Offence
Application of Certain Provisions
294
Certificate or order before June 1, 1990
295
Terms and conditions before July 3, 2013
PART 5
Offshore Renewable Energy Projects and Offshore Power Lines
296
Definitions
Prohibition
297
Prohibition — work or activity
Authorizations
298
Issuance
299
Impact Assessment Act
300
Variation or transfer
301
Suspension or revocation
Liability and Financial Requirements
302
Recovery of loss, etc.‍, caused by debris
303
Financial resources
304
Proof of financial responsibility
General Provisions
305
Application of provisions in Part 4
306
Application of provisions in Part 6
307
Application of sections 317 and 318
308
Limitations
309
Right of entry
310
Study and report
311
Offence and punishment
312
Regulations
PART 6
Lands
General Powers
313
Powers of company
314
Damages and compensation
315
Exercise of powers outside Canada
Taking and Using Crown Lands
316
Crown lands
Certain Lands for Which Consent Required
317
Consent of council of the band
318
Consent of Yukon first nation or Governor in Council
Application
319
Application restricted
Acquisition or Lease of Lands
320
Definition of owner
321
Methods of acquisition or lease
322
Notice of proposed acquisition or lease of lands
323
Agreement of purchase and sale
Right of Entry
324
Immediate right of entry
325
Advance of compensation
326
Vesting
Determination of Compensation
327
Determinations regarding compensation
328
Settlement land or Tetlit Gwich’in Yukon land
329
Form of compensation payment if land taken
330
Costs
331
Decisions
332
Agreements supersede Commission decisions
Regulations and Orders Respecting Acquisition, Lease or Taking of Lands and Compensation Matters
333
Regulations
334
Orders of Commission
Damage Prevention
335
Prohibition — construction or ground disturbance
Mines and Minerals
336
Protection of mines
337
Right to minerals
338
Protection of pipeline from mining operations
339
Examination of site of mining operations
340
Compensation for severance, etc.‍, of mining property
Executions
341
Assets of company subject to executions
Construing Special Acts
342
Construing Special Acts
PART 7
Exports and Imports
DIVISION 1
Oil and Gas
Prohibition
343
Prohibition — export
Issuance of Licences for Exportation
344
Issuance
345
Criteria
346
Time limit
347
Ministerial approval
Variation, Transfer, Suspension and Revocation
348
Variation of licences
349
Transfer of licences
350
Suspension or revocation of licences — application or consent
351
Suspension or revocation of licences — contravention
Importation of Oil or Gas
352
Importer
Regulations
353
Regulations
354
Regulations — Governor in Council approval
DIVISION 2
Electricity
Prohibition
355
Export
Issuance of Permits
356
Issuance
357
Publication
358
Further information
359
Delay of issuance
Orders
360
Where licence required
Issuance of Licences
361
Issuance
Conditions of Permits and Licences
362
Conditions — permits
363
Compliance
364
Period of validity
365
Variation or transfer of permits or licences
366
Suspension or revocation of permits or licences
Regulations
367
Regulations — Governor in Council
DIVISION 3
Interprovincial Oil and Gas Trade
Interpretation
368
Definitions
Control by Regulator
369
Order in Council
Issuance of Licences
370
Issuance
371
Criteria
Regulations
372
Regulations — Governor in Council
DIVISION 4
Implementation of Free Trade Agreements
373
Definitions
374
Principle
375
Declaration of Governor in Council
376
Request for declaration
377
Exportation to United States, Chile or Costa Rica
378
No declaration made
DIVISION 5
Offences and Punishment
379
Offence and punishment
380
Powers of certain officers
PART 8
Oil and Gas Interests, Production and Conservation
Interpretation
381
Definitions of oil and gas
Declarations of Significant Discovery and Commercial Discovery
382
Application
Operating Licences and Authorizations
383
Variation of licences or authorizations
Chief Conservation Officer and Chief Safety Officer
384
Application to appeals
385
Show cause hearing relating to waste
386
Application
Orders
387
Offence and punishment
388
Statutory Instruments Act
PART 9
General
Regulations
389
Regulations respecting accounts, etc.
390
Regulations
391
Security regulations
Review of Act
392
Review of Act after 10 years
Transitional Provisions
11
Definitions
12
Appointments terminated
13
Appointments terminated
14
Continuation — members of National Energy Board
15
Persons employed by National Energy Board
16
Collective agreements or arbitral awards continued
17
Application for certification
18
Power of Board
19
Application for leave to give notice to bargain collectively
20
No application within specified period
21
Notice to bargain given before commencement day
22
Duty to observe conditions
23
Application and notice to bargain collectively
24
Inquiry and votes
25
Consideration of classification
26
Determination of questions of membership in bargaining units
27
Employer participation
28
Application of Federal Public Sector Labour Relations Act
29
Persons not represented
30
Complaints
31
Grievances
32
Matter referred to Board
33
Decisions and orders
34
Certificates, licences and permits
35
Leave
36
Pending applications
37
Excluded periods if no regulations — Part 3
38
Certified copies
39
Lands — consent not required
40
Section 112 of National Energy Board Act
41
Pending requests
42
Importation of oil or gas
43
Regulations
Repeal
44
Repeal
PART 3
Navigation Protection Act
Amendments to the Act
45
Amendments
Transitional Provisions
76
Deemed approval
77
Minor works
78
Navigable waters not listed in the schedule
79
Validly constructed or placed
80
Notice or application not decided
PART 4
Consequential and Coordinating Amendments and Coming into Force
Consequential Amendments
81
Access to Information Act
87
Energy Administration Act
96
Energy Supplies Emergency Act
100
Excise Tax Act
101
Export Development Act
102
Federal Courts Act
103
Financial Administration Act
115
Canada Labour Code
116
Northern Pipeline Act
125
Canada Oil and Gas Operations Act
143
Privacy Act
145
Public Service Superannuation Act
147
Canada Petroleum Resources Act
153
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
157
Canadian Transportation Accident Investigation and Safety Board Act
159
Hibernia Development Project Act
160
Public Sector Compensation Act
162
Transportation of Dangerous Goods Act, 1992
163
Yukon Surface Rights Board Act
164
Mackenzie Valley Resource Management Act
172
Yukon Act
173
Nunavut Waters and Nunavut Surface Rights Tribunal Act
174
Species at Risk Act
176
Yukon Environmental and Socio-economic Assessment Act
179
First Nations Oil and Gas and Moneys Management Act
180
Environmental Violations Administrative Monetary Penalties Act
181
Bridge To Strengthen Trade Act
182
Nunavut Planning and Project Assessment Act
184
Northwest Territories Devolution Act
185
Northwest Territories Act
Terminology
186
Replacement of “Navigation Protection Act
187
Replacement of “Navigable Waters Protection Act
188
Replacement of “Canadian Environmental Assessment Act, 2012
Coordinating Amendments
189
2002, c. 7
192
2014, c. 2
193
2015, c. 4
194
Bill C-49
195
Bill C-64
Coming into Force
196
Order in council
Schedule 
SCHEDULE 1
Schedule 2
SCHEDULE 3
SCHEDULE 4


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-69
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts
Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;
Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;
Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the traditional knowledge of the Indigenous peoples of Canada are taken into account in decision-making;
And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1

Impact Assessment Act

Enactment of Act

Enactment
1The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects
Preamble
Whereas the Government of Canada is committed to fostering sustainability;
Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and the traditional knowledge of the Indigenous peoples of Canada into decision-making processes related to designated projects;
Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;
Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;
Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;
Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to theassessment of the effects of designated projects in order that impact assessments may be conducted more efficiently; 
Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;
Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;
And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1This Act may be cited as the Impact Assessment Act.
Interpretation
Definitions
2The following definitions apply in this Act.
Agency means the Impact Assessment Agency of Canada that is continued under section 153.‍ (Agence)
analyst means a person or a member of a class of persons designated as an analyst under subsection 120(1).‍ (analyste)
assessment by a review panel means an impact assessment that is conducted by a review panel.‍ (examen par une commission)
Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act. (Régie canadienne de l’énergie)
Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by section 8 of the Nuclear Safety and Control Act.‍ (Commission canadienne de sûreté nucléaire)
designated project means one or more physical activities that
(a)are carried out in Canada or on federal lands; and
(b)are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1).
It includes any physical activity that is incidental to those physical activities.‍ (projet désigné)
direct or incidental effects means effects that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of a physical activity or designated project, or to a federal authority’s provision of financial assistance to a person for the purpose of enabling that activity or project to be carried out, in whole or in part.‍ (effets directs ou accessoires)
effects means, unless the context requires otherwise, changes to the environment or to health, social or economic conditions and the consequences of these changes. (effets)
effects within federal jurisdiction means, with respect to a physical activity or a designated project,
(a)a change to the following components of the environment that are within the legislative authority of Parliament:
(i)fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
(ii)aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
(iii)migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
(iv)any other component of the environment that is set out in Schedule 3;
(b)a change to the environment that would occur
(i)on federal lands,
(ii)in a province other than the one where the physical activity or the designated project is being carried out, or
(iii)outside Canada;
(c)with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
(i)physical and cultural heritage,
(ii)the current use of lands and resources for traditional purposes, or
(iii)any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
(d)any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and
(e)any change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3. (effet relevant d’un domaine de compétence fédérale)
enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120(1).‍ (agent de l’autorité)
environment means the components of the Earth, and includes
(a)land, water and air, including all layers of the atmosphere;
(b)all organic and inorganic matter and living organisms; and
(c)the interacting natural systems that include components referred to in paragraphs (a) and (b).‍ (environnement)
federal authority means
(a)a Minister of the Crown in right of Canada;
(b)an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;
(c)any department or departmental corporation that is set out in Schedule I, I.‍1 or II to the Financial Administration Act; and
(d)any other body that is set out in Schedule 1.
It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is a wholly-owned subsidiary, as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1.‍ (autorité fédérale)
federal lands means
(a)lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;
(b)the following lands and areas:
(i)the internal waters of Canada, in any area of the sea not within a province,
(ii)the territorial sea of Canada, in any area of the sea not within a province,
(iii)the exclusive economic zone of Canada, and
(iv)the continental shelf of Canada; and
(c)reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands.‍ (territoire domanial)
follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures.‍ (programme de suivi)
impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act.‍ (évaluation d’impact)
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones du Canada)
Internet site means the Internet site that is established under section 105.‍ (site Internet)
jurisdiction means
(a)a federal authority;
(b)any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;
(c)the government of a province;
(d)any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;
(e)any body — including a co-management body — established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;
(f)an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project
(i)under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or
(ii)under an Act of Parliament other than this Act or under an Act of the legislature of a province, including a law that implements a self-government agreement;
(g)an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)‍(e);
(h)a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and
(i)an international organization of states or any institution of such an organization.‍ (instance)
Minister means the Minister of the Environment.‍ (mi­nistre)
mitigation measures means measures to eliminate, reduce, control or offset the adverse effects of a project or designated project, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means.‍ (mesures d’atténuation)
prescribed means prescribed by the regulations.‍ (Version anglaise seulement)
proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. (promoteur)
record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it.‍ (document)
Registry means the Canadian Impact Assessment Registry established under section 104.‍ (registre)
review panel means a review panel established
(a)under section 41;
(b)under subsection 44(1);
(c)under subsection 47(1);
(d)under an agreement or arrangement entered into under subsection 39(1) or (3); or
(e)by document referred to in subsection 40(2).‍ (commission)
sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations. (durabilité)
Rights of Indigenous peoples of Canada
3For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Application
Non-application
4This Act does not apply in respect of physical activities to be carried out wholly within lands described in Schedule 2.
Her Majesty
Binding on Her Majesty
5This Act is binding on Her Majesty in right of Canada or a province.
Purposes
Purposes
6(1)The purposes of this Act are
(a)to foster sustainability;
(b)to protect the components of the environment, and the health, social and economic conditions that are within the legislative authority of Parliament from adverse effects caused by a designated project;
(c)to ensure that impact assessments of designated projects take into account all effects — both positive and adverse — that may be caused by the carrying out of designated projects;
(d)to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid adverse effects within federal jurisdiction and adverse direct or incidental effects;
(e)to promote cooperation and coordinated action between federal and provincial governments, and the federal government and Indigenous governing bodies that are jurisdictions, with respect to impact assessments;
(f)to promote communication and cooperation with Indigenous peoples of Canada with respect to impact assessments;
(g)to ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, in the course of impact assessments and decision-making under this Act;
(h)to ensure that opportunities are provided for meaningful public participation during an impact assessment, a regional assessment or a strategic assessment;
(i)to ensure that an impact assessment is completed in a timely manner;
(j)to ensure that an impact assessment takes into account scientific information, traditional knowledge of the Indigenous peoples of Canada and community knowledge;
(k)to ensure that an impact assessment takes into account alternative means of carrying out a designated project, including through the use of best available technologies;
(l)to ensure that projects, as defined in section 81, that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects;
(m)to encourage the assessment of the cumulative effects of physical activities in a region and the assessment of federal policies, plans or programs and the consideration of those assessments in impact assessments; and
(n)to encourage improvements to impact assessments through the use of follow-up programs.
Mandate
(2)The Government of Canada, the Minister, the Agency and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters sustainability and applies the precautionary principle.
Prohibitions
Proponent
7(1)Subject to subsection (3), the proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause any of the following effects:
(a)a change to the following components of the environment that are within the legislative authority of Parliament:
(i)fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
(ii)aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
(iii)migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
(iv)any other component of the environment that is set out in Schedule 3;
(b)a change to the environment that would occur
(i)on federal lands,
(ii)in a province other than the one in which the act or thing is done, or
(iii)outside Canada;
(c)with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
(i)physical and cultural heritage,
(ii)the current use of lands and resources for traditional purposes, or
(iii)any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
(d)any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; or
(e)any change to a health, social or economic matter within the legislative authority of Parliament that is set out in Schedule 3.
Schedule 3
(2)The Governor in Council may, by order, amend Schedule 3 to add or remove a component of the environment or a health, social or economic matter.
Conditions
(3)The proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause any of the effects described in subsection (1) if
(a)the Agency makes a decision under subsection 16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site;
(b)the proponent complies with the conditions included in the decision statement that is issued to the proponent under section 65 with respect to that designated project and is not expired or revoked; or
(c)the Agency permits the proponent to do that act or thing, subject to any conditions that it establishes, for the purpose of providing to the Agency the information or details that it requires in order to prepare for a possible impact assessment of that designated project or for the purpose of providing to the Agency or a review panel the information or studies that it considers necessary for it to conduct the impact assessment of that designated project.
Federal authority
8A federal authority must not exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part and must not provide financial assistance to any person for the purpose of enabling that designated project to be carried out, in whole or in part, unless
(a)the Agency makes a decision under subsection 16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site; or
(b)the decision statement with respect to the designated project that is issued to the proponent of the designated project under section 65 sets out that the effects that are indicated in the report with respect to the impact assessment of that project are in the public interest.
Designation of Physical Activity
Minister’s power to designate
9(1)The Minister may, on request or on his or her own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in his or her opinion, either the carrying out of that physical activity may cause adverse effects within federal jurisdiction or adverse direct or incidental effects, or public concerns related to those effects warrant the designation.
Factors to be taken into account
(2)Before making the order, the Minister must take into account any adverse impact that a physical activity may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 as well as any relevant assessment referred to in section 92, 93 or 95.
Agency’s power to require information
(3)The Agency may require any person or entity to provide information with respect to any physical activity that can be designated under subsection (1).
Minister’s response — time limit
(4)The Minister must respond, with reasons, to a request referred to in subsection (1) within 90 days after the day on which it is received. The Minister must ensure that his or her response is posted on the Internet site.
Suspending time limit
(5)The Minister may suspend the time limit for responding to the request until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
Notice posted on Internet site
(6)When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
Limitation
(7)The Minister must not make the designation referred to in subsection (1) if
(a)the carrying out of the physical activity has substantially begun; or
(b)a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.
Posting of notice of order on Internet site
(8)The Agency must post on the Internet site a copy of the order made under subsection (1).
Planning Phase
Obligations
Proponent’s obligation — description of designated project
10(1)The proponent of a designated project must provide the Agency with an initial description of the project that includes the information prescribed by regulations made under paragraph 112(a).
Copy posted on Internet site
(2)The Agency must post a copy of the description on the Internet site.
Public participation
11The Agency must ensure that the public is provided with an opportunity to participate in its preparations for a possible impact assessment of a designated project, including by inviting the public to provide comments within the period that it specifies.
Agency’s obligation — offer to consult
12For the purpose of preparing for a possible impact assessment of a designated project, the Agency must offer to consult with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project and any Indigenous group that may be affected by the carrying out of the designated project.
Federal authority’s obligation
13(1)Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request and within the period that it specifies, make that information or knowledge available to the Agency.
Engaging proponent
(2)Every federal authority that has powers, duties or functions conferred on it under any Act of Parliament other than this Act with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request, engage the proponent of the designated project in order that the federal authority may specify to the proponent the information, if any, that it may require in order to exercise those powers or perform those duties or functions.
Agency’s obligation — summary of issues
14(1)The Agency must provide the proponent of a designated project with a summary of issues with respect to that project that it considers relevant, including issues that are raised by the public or by any jurisdiction or Indigenous group that is consulted under section 12, and with any information or knowledge made available to it by a federal authority that the Agency considers appropriate.
Copy posted on Internet site
(2)The Agency must post on the Internet site a copy of the summary of issues that it provided to the proponent.
Proponent’s obligation — notice
15(1)The proponent must provide the Agency with a notice that sets out, in accordance with the regulations, how it intends to address the issues referred to in section 14 and a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(a).
Additional information
(2)If, after receiving the notice from the proponent, the Agency is of the opinion that a decision cannot be made under subsection 16(1) because the description or the prescribed information set out in the notice is incomplete or does not contain sufficient details, the Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies.
Copy posted on Internet site
(3)When the Agency is satisfied that the notice includes all of the information or details that it specified, it must post a copy of the notice on the Internet site.
Decisions Regarding Impact Assessments
Agency’s Decision
Decision
16(1)After posting a copy of the notice on the Internet site under subsection 15(3), the Agency must, subject to section 17, decide whether an impact assessment of the designated project is required.
Factors
(2)In making its decision, the Agency must take into account the following factors:
(a)the description referred to in section 10 and any notice referred to in section 15;
(b)the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects;
(c)any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
(d)any comments received from the public;
(e)any relevant assessment referred to in section 92, 93 or 95;
(f)any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; and
(g)any other factor that the Agency considers relevant.
Posting notice on Internet site
(3)The Agency must post a notice of its decision and the reasons for it on the Internet site.
Minister’s Decision
Minister’s power
17(1)At any time before the Agency provides the proponent with a notice of the commencement of the impact assessment of a designated project under subsection 18(1), the Minister may make an order directing the Agency to not conduct that impact assessment if
(a)a federal authority advises the Minister that it will not be exercising a power conferred on it under an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part; or
(b)the Minister is of the opinion that it is clear that the designated project would cause unacceptable effects within federal jurisdiction or unacceptable direct or incidental effects.
Copy posted on Internet site
(2)The Agency must post a copy of the order on the Internet site.
Information Gathering
Notice of commencement
18(1)If the Agency decides that an impact assessment of a designated project is required — and the Minister does not make an order under section 17 or approve the substitution of a process under section 31 in respect of the designated project — the Agency must, within 180 days after the day on which it posts a copy of the description of the designated project under subsection 10(2), provide the proponent of that project with
(a)a notice of the commencement of the impact assessment of the project that sets out the information or studies that the Agency considers necessary for it to conduct the impact assessment; and
(b)any documents that are prescribed by regulations made under paragraph 112(a).
Copy posted on Internet site
(2)The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site.
Extension of time limit by Minister
(3)The Minister may extend the time limit within which the Agency must provide the notice by any period up to a maximum of 90 days.
Extension of time limit by Governor in Council
(4)The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
Posting notice on Internet site
(5)The Agency must post on the Internet site a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (4).
Suspending time limit
(6)The Minister may suspend the time limit within which the Agency must provide the notice of the commencement of the impact assessment until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
Notice posted on Internet site
(7)When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
Time limit for information or studies
19(1)The proponent of a designated project must provide the Agency with the information or studies that are set out in the notice of the commencement of the impact assessment of the designated project within three years after the day on which a copy of that notice is posted on the Internet site.
Extension of time limit
(2)On the proponent’s request, the Agency may extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.
Additional information or studies
(3)If the Agency extends the time limit, it may require the proponent to provide it with any additional information or studies that the Agency considers necessary for it to conduct the impact assessment.
Notice posted on Internet site
(4)When the Agency is satisfied that the proponent has provided it with all of the information or studies, it must post a notice of that determination on the Internet site.
Termination of impact assessment
20(1)If the proponent does not provide the Agency with the information or studies within the time limit referred to in subsection 19(1), or within any extension of that time limit, the impact assessment is terminated.
Notice posted on Internet site
(2)The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.
Impact Assessments
Consultation and Cooperation with Certain Jurisdictions
Agency’s or Minister’s obligations
21The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — must offer to consult and cooperate with respect to the impact assessment of the designated project with
(a)any jurisdiction referred to in paragraph (a) of the definition jurisdiction in section 2 if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act; and
(b)any jurisdiction referred to in paragraphs (c) to (i) of that definition if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project.
Factors To Be Considered
Factors — impact assessment
22(1)The impact assessment of a designated project must take into account the following factors:
(a)the effects of the designated project, including
(i)the effects of malfunctions or accidents that may occur in connection with the designated project,
(ii)any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out, and
(iii)the result of any interaction between those effects;
(b)mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
(c)the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
(d)the purpose of and need for the designated project;
(e)alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;
(f)any alternatives to the designated project;
(g)traditional knowledge of the Indigenous peoples of Canada provided with respect to the designated project;
(h)the extent to which the designated project contributes to sustainability;
(i)the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
(j)any change to the designated project that may be caused by the environment;
(k)the requirements of the follow-up program in respect of the designated project;
(l)considerations related to Indigenous cultures raised with respect to the designated project;
(m)community knowledge provided with respect to the designated project;
(n)comments received from the public;
(o)comments from a jurisdiction that are received in the course of consultations conducted under section 21;
(p)any relevant assessment referred to in section 92, 93 or 95;
(q)any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;
(r)any study or plan that is conducted or prepared by a jurisdiction, that is in respect of a region related to the designated project and that has been provided with respect to the project;
(s)the intersection of sex and gender with other identity factors; and
(t)any other matter relevant to the impact assessment that the Agency or — if the impact assessment is referred to a review panel — the Minister requires to be taken into account.
Scope of factors
(2)The scope of the factors to be taken into account under paragraphs (1)‍(a) to (l) and (s) and (t) is determined by
(a)the Agency; or
(b)the Minister, if the impact assessment is referred to a review panel.
Federal Authority’s Obligation
Specialist or expert information
23Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to
(a)the Agency;
(b)the review panel; and
(c)a government, an agency or body, or a jurisdiction that conducts an assessment of the designated project under a substituted process approved under section 31.
Impact Assessment by Agency
General Rules
Application only when no referral to review panel
24Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.
Agency’s obligations
25The Agency must ensure that
(a)an impact assessment of the designated project is conducted; and
(b)a report is prepared with respect to that impact assessment.
Information
26(1)The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it.
Studies and collection of information
(2)However, if the Agency is of the opinion that there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
Public participation
27The Agency must ensure that the public is provided with an opportunity to participate in the impact assessment of a designated project.
Public notice in certain cases — draft report
28(1)The Agency must ensure that a draft report with respect to the impact assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site:
(a)a copy of the draft report or an indication of how a copy may be obtained; and
(b)a notice that invites the public to provide comments on the draft report within the period specified.
Final report submitted to Minister
(2)After taking into account any comments received from the public, the Agency must, subject to subsection (5), finalize the report with respect to the impact assessment of the designated project and submit it to the Minister no later than 300 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site.
Effects set out in report
(3)The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are adverse.
Copy posted on Internet site
(4)A copy of the report or a summary of the report and an indication of how a copy of the report may be obtained must be posted on the Internet site on the day on which the report is submitted to the Minister.
Time limit established by Minister — designated project
(5)Before the commencement of the impact assessment, the Minister may, by order, establish
(a)a longer time limit than the time limit referred to in subsection (2) to allow the Agency to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project; or
(b)a shorter time limit than the time limit referred to in subsection (2), for any reason that the Minister considers appropriate.
The order must include the Minister’s reasons for making the order.
Extension of time limit by Minister
(6)The Minister may extend the time limit referred to in subsection (2) or any time limit established under subsection (5) by any period — up to a maximum of 90 days — that is necessary to permit the Agency to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.
Extension of time limit by Governor in Council
(7)The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) any number of times.
Posting notices on Internet site
(8)The Agency must post on the Internet site a copy of the Minister’s order made under subsection (5), a notice of any extension granted under subsection (6), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (7).
Suspending time limit
(9)The Minister may suspend the time limit within which the Agency must submit the report until any activity that is prescribed by a regulation made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
Notice posted on Internet site
(10)When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
Delegation
29The Agency may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (g) of the definitionjurisdiction in section 2 the carrying out of any part of the impact assessment of the designated project and the preparation of the report with respect to the impact assessment of the designated project.
Non-disclosure
30(1)If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Non-disclosure
(2)If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the Agency’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Substitution
Minister’s power
31(1)Subject to sections 32 and 33, if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2, that has powers, duties or functions in relation to an assessment of the effects of a designated project would be an appropriate substitute, the Minister may, on request of the jurisdiction and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, approve the substitution of that process for the impact assessment.
Notice inviting public comments
(2)When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted.
Minister must consider public comments
(3)The Minister must consider any comments received from the public in deciding whether to approve the substitution.
Posting of Minister’s decision on Internet site
(4)The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site.
Exceptions
32The Minister must not approve the substitution of a process in relation to a designated project
(a)the impact assessment of which has been referred by the Minister to a review panel; or
(b)that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act.
Conditions
33(1)The Minister may only approve a substitution if he or she is satisfied that
(a)the process to be substituted will include a consideration of the factors set out in subsection 22(1);
(b)federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment;
(c)the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment;
(d)the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project;
(e)the public will be given an opportunity to participate in the assessment and to provide comments on a draft report;
(f)the public will have access to records in relation to the assessment to enable its meaningful participation;
(g)at the end of the assessment, a report will be submitted to the Minister;
(h)the report will be made available to the public; and
(i)any other conditions that the Minister establishes are or will be met.
Effects set out in report
(2)The Minister must be satisfied that the report that will be submitted to him or her will set out the effects that, in the opinion of the jurisdiction that is following the process to be substituted, are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are adverse.
Approval
(3)The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.
Availability
(4)The conditions referred to in paragraph (1)‍(i) must be made available to the public.
Assessment considered in conformity
34If the Minister approves the substitution of a process under section 31, the assessment that results from the substituted process is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment.
Additional information
35If, after taking into account the report with respect to the impact assessment of a designated project that is submitted to him or her at the end of the assessment under the substituted process approved under section 31, the Minister requires additional information for the purposes of subsection 60(1), the Minister may request the additional information from the jurisdiction that followed that process or require the proponent of the designated project to provide that information.
Impact Assessment by a Review Panel
General Rules
Referral to review panel
36(1)Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel.
Public interest
(2)The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:
(a)the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse;
(b)public concerns related to those effects; and
(c)opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it.
Suspending time limit
(3)The Minister may suspend the time limit within which he or she may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
Notice posted on Internet site
(4)When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
Posting notice on Internet site
(5)The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.
Time limit
37(1)If the Minister refers the impact assessment of a designated project to a review panel, the review panel must, subject to subsection (2), submit a report with respect to that impact assessment to the Minister no later than 600 days after the day on which he or she appoints to the panel the minimum number of members required.
Time limit established by Minister — designated project
(2)Before the Minister refers the impact assessment to a review panel, he or she may, by order, establish
(a)a longer time limit than the time limit referred to in subsection (1) to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project; or
(b)a shorter time limit than the time limit referred to in subsection (1), for any reason that the Minister considers appropriate.
The order must include the Minister’s reasons for making the order.
Extension of time limit by Minister
(3)The Minister may extend the time limit referred to in subsection (1) or any time limit established by the Minister under subsection (2) by any period — up to a maximum of 90 days — that is necessary to permit the review panel to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.
Extension of time limit by Governor in Council
(4)The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
Posting notices on Internet site
(5)The Agency must post on the Internet site a copy of the Minister’s order made under subsection (2), a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (4).
Suspending time limit
(6)The Minister may suspend the time limit within which the review panel must submit the report until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
Notice posted on Internet site
(7)When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
Studies and collection of information
38When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.
Agreement to jointly establish review panel
39(1)When the Minister refers the impact assessment of a designated project to a review panel, he or she may enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.
Limitation
(2)However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) if the designated project includes physical activities that are regulated under any of the following Acts:
(a)the Nuclear Safety and Control Act;
(b)the Canadian Energy Regulator Act.
Other jurisdiction
(3)When the Minister refers the impact assessment of a designated project to a review panel, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.
Posting on Internet site
(4)Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.
Mackenzie Valley Resource Management Act
40(1)When a proposal is referred to the Minister under paragraph 130(1)‍(c) of the Mackenzie Valley Resource Management Act, the Minister must refer the proposal to a review panel.
Document establishing review panel
(2)When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.
If no agreement
(3)Despite subsection (2), if, in respect of a proposal referred to in subsection 138.‍1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.‍1(4) of that Act, an assessment by a review panel of the proposal must be conducted.
Coordination with environmental impact review
(4)The Minister must, to the extent possible, ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.
Consultations
(5)Before making a referral under section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act.
Report taken into account
(6)Before making its decision under section 62 in relation to the proposal, the Governor in Council must take into account any report referred to in subsection (5) and any information that the Minister provides to the Governor in Council following the consultations referred to in that subsection.
Posting on Internet site
(7)Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.
Terms of reference and appointment of members
41(1)If the impact assessment of a designated project is referred to a review panel, the Minister must establish the panel’s terms of reference and appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Restriction
(2)Subsection (1) is subject to the following sections:
(a)section 42;
(b)section 44;
(c)section 47.
Provisions of agreement
42When there is an agreement or arrangement to jointly establish a review panel under subsection 39(1) or (3), or when there is a document jointly establishing a review panel under subsection 40(2), the agreement, arrangement or document must provide that the impact assessment of the designated project includes a consideration of the factors set out in subsection 22(1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that
(a)the Minister must establish — or approve — the review panel’s terms of reference, which are to include the time limit set out in subsection 37(1) or established by the Minister under subsection 37(2);
(b)the Minister may, at any time, modify the terms of reference in order to reflect an extension of the time limit granted under subsection 37(3) or (4);
(c)the Minister must appoint the chairperson, or a co-chairperson, and at least one other member of the review panel; and
(d)the members of the panel must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Obligation to refer
43The Minister must refer the impact assessment of a designated project to a review panel if the project includes physical activities that are regulated under any of the following Acts:
(a)the Nuclear Safety and Control Act;
(b)the Canadian Energy Regulator Act.
Terms of reference — Nuclear Safety and Control Act
44(1)When the Minister refers an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act to a review panel, the Minister must establish the panel’s terms of reference and appoint the chairperson and at least two other members.
Appointment of members
(2)The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Appointment from roster
(3)At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(b), on the recommendation of the President of the Canadian Nuclear Safety Commission and in consultation with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.
Impact assessment to be used
45The impact assessment conducted by a review panel established under subsection 44(1) is the only assessment that the Canadian Nuclear Safety Commission may use for the purpose of issuing the licence referred to in the panel’s terms of reference.
Powers in relation to Nuclear Safety and Control Act
46For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Canadian Nuclear Safety Commission.
Terms of reference — Canadian Energy Regulator Act
47(1)When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act to a review panel, the Minister must establish the panel’s terms of reference and appoint the chairperson and at least two other members.
Appointment of members
(2)The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Appointment from roster
(3)At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(c), on the recommendation of the Lead Commissioner of the Canadian Energy Regulator and in consultation with the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the Canadian Energy Regulator Act.
Powers in relation to Canadian Energy Regulator Act
48For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Commission that is referred to in subsection 25(1) of that Act.
Summary and information
49In establishing or approving a panel’s terms of reference, the Minister must consider, among other things, the summary of issues and the information or knowledge referred to in section 14.
Establishment of roster
50The Minister must establish the following rosters:
(a)a roster of persons who may be appointed as members of a review panel established under any of the following:
(i)section 41,
(ii)subsection 44(1),
(iii)subsection 47(1),
(iv)an agreement, arrangement or document referred to in section 42;
(b)a roster of persons who are members of the Canadian Nuclear Safety Commission and who may be appointed as members of a review panel established under subsection 44(1);
(c)a roster or persons who are commissioners under the Canadian Energy Regulator Act and who may be appointed as members of a review panel established under subsection 47(1).
Review panel’s duties
51(1)A review panel must, in accordance with its terms of reference,
(a)conduct an impact assessment of the designated project;
(b)ensure that the information that it uses when conducting the impact assessment is made available to the public;
(c)hold hearings in a manner that offers the public an opportunity to participate in the impact assessment;
(d)prepare a report with respect to the impact assessment that
(i)sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project,
(ii)indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are adverse,
(iii)sets out a summary of any comments received from the public, and
(iv)sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;
(e)submit the report with respect to the impact assessment to the Minister; and
(f)on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.
Duties in relation to Nuclear Safety and Control Act
(2)A review panel established under subsection 44(1) must, in accordance with its terms of reference, include in the report that it prepares the information necessary for the licence referred to in the panel’s terms of reference to be issued under section 24 of the Nuclear Safety and Control Act in relation to the designated project that is the subject of the report.
Duties in relation to Canadian Energy Regulator Act
(3)A review panel established under subsection 47(1) must, in accordance with its terms of reference, include in the report that it prepares the conclusions or recommendations necessary for a certificate, order, permit, licence or authorization to be issued, a leave or an exemption to be granted or a direction or approval to be given under the Canadian Energy Regulator Act in relation to the designated project that is the subject of the report.
Information
52(1)A review panel may, when conducting the impact assessment of a designated project and preparing the report with respect to the impact assessment of the designated project, use any information that is available to it.
Studies and collection of information
(2)However, if the review panel is of the opinion that there is not sufficient information available for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the review panel, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
Power to summon witnesses
53(1)A review panel has the power to summon any person to appear as a witness before it and to order the witness to
(a)give evidence, orally or in writing; and
(b)produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project.
Enforcement powers
(2)A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record.
Hearings to be public
(3)A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1).
Non-disclosure
(4)If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Non-disclosure
(5)If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the review panel’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
Enforcement of summonses and orders
(6)Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure.
Immunity
(7)No action or other proceeding lies against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.
Informal proceedings
54A review panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of hearings and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the rules of evidence.
Copy posted on Internet site
55On receiving a report with respect to the impact assessment of the designated project by a review panel, the Minister must ensure that a copy of the report is posted on the Internet site.
Studies and collection of information
56The Minister may, before making a referral under section 61, require the proponent of the designated project to collect any information or undertake any studies that are necessary for the Governor in Council to make a determination under section 62.
Confidential Information
Non-disclosure
57If the Agency is of the opinion that, in respect of a review panel to which it is providing or has provided support under paragraph 156(1)‍(a), the disclosure of a record would reveal the substance of the panel’s deliberations in relation to an impact assessment that the panel is conducting or has conducted, the Agency may refuse to disclose the record to any person who is not a member of the review panel.
Rules in Case of Termination
Power to terminate
58(1)The Minister may terminate the assessment by a review panel of a designated project if
(a)he or she is of the opinion that the review panel will not submit its report within the time limit set out in subsection 37(1) or established by him or her under subsection 37(2), as the case may be, including any extension of that time limit; or
(b)the review panel fails to submit its report within that time limit, including any extension of that time limit.
Preliminary consultations
(2)Before the Minister exercises the power referred to in subsection (1) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must
(a)in the case of an agreement or arrangement referred to in subsection 39(1), consult with the jurisdiction with which the agreement or arrangement was entered into;
(b)in the case of an agreement or arrangement referred to in subsection 39(3), obtain the approval of the Minister of Foreign Affairs and consult with the jurisdiction with which the agreement or arrangement was entered into; and
(c)in the case of a document referred to in subsection 40(2), consult with the Mackenzie Valley Environmental Impact Review Board.
Preliminary consultations — other
(3)The Minister must, before he or she exercises the power referred to in subsection (1) with respect to one of the following review panels,
(a)in the case of a review panel established under subsection 44(1), consult with the President of the Canadian Nuclear Safety Commission; and
(b)in the case of a review panel established under subsection 47(1), consult with the Lead Commissioner of the Canadian Energy Regulator.
Completion of impact assessment by Agency
59(1)When the assessment by a review panel of a designated project is terminated under section 58, the Agency must, in accordance with directives provided by the Minister, complete the impact assessment of the designated project and prepare a report and submit it to the Minister.
Effects set out in report
(2)The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are adverse.
Decision-Making
Minister’s decision
60(1)After taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister under subsection 28(2) or at the end of the assessment under the process approved under section 31, the Minister must
(a)determine if the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest; or
(b)refer to the Governor in Council the matter of whether these effects are, in light of the factors referred to in section 63, in the public interest.
Notice posted on Internet site
(2)If the Minister refers the matter to the Governor in Council, he or she must ensure that a notice of the referral is posted on the Internet site.
Referral to Governor in Council
61After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister must refer to the Governor in Council the matter of determining whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest.
Governor in Council’s determination
62If the matter is referred to the Governor in Council under paragraph 60(1)‍(b) or section 61, the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project that is the subject of the referral, determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest.
Factors — public interest
63The Minister’s determination under paragraph 60(1)‍(a) in respect of a designated project referred to in that subsection, and the Governor in Council’s determination under section 62 in respect of a designated project referred to in that subsection, must include a consideration of the following factors:
(a)the extent to which the designated project contributes to sustainability;
(b)the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are adverse;
(c)the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;
(d)the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and
(e)the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.
Conditions — effects within federal jurisdiction
64(1)If the Minister determines under paragraph 60(1)‍(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate in relation to the adverse effects within federal jurisdiction with which the proponent of the designated project must comply.
Conditions — direct or incidental effects
(2)If the Minister determines under paragraph 60(1)‍(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate — that is directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that designated project — in relation to the adverse direct or incidental effects with which the proponent of the designated project must comply.
Conditions subject to exercise of power or performance of duty or function
(3)The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance.
Mitigation measures and follow-up program
(4)The conditions referred to in subsections (1) and (2) must include
(a)the implementation of the mitigation measures that the Minister takes into account in making a determination under paragraph 60(1)‍(a), or that the Governor in Council takes into account in making a determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and
(b)the implementation of a follow-up program.
Decision Statement
Decision statement issued to proponent
65(1)The Minister must issue a decision statement to the proponent of a designated project that
(a)informs the proponent of the determination made under paragraph 60(1)‍(a) or section 62 in relation to that project and the reasons for the determination;
(b)includes any conditions that are established under section 64 in relation to the designated project and that must be complied with by the proponent;
(c)sets out the period established under subsection 70(1); and
(d)includes a description of the designated project.
Detailed reasons
(2)The reasons for the determination must demonstrate that the Minister or the Governor in Council, as the case may be, considered all of the factors referred to in section 63.
Time limit of decision statement — Minister’s determination
(3)When the Minister makes a determination under paragraph 60(1)‍(a), he or she must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site.
Time limit of decision statement — Governor in Council’s decision
(4)When the Governor in Council makes a determination under section 62, the Minister must issue the decision statement no later than 90 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site.
Extension of time limit by Minister
(5)The Minister may extend the time limit referred to in subsection (3) or (4) by any period — up to a maximum of 90 days — for any reason that the Minister considers necessary.
Extension of time limit by Governor in Council
(6)The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.
Posting notice of extension on Internet site
(7)The Agency must post on the Internet site a notice of any extension granted under subsection (5), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (6).
Posting of decision statement on Internet site
66The Agency must post on the Internet site any decision statement that the Minister issues under section 65.
Decision statement considered to be part of licence under Nuclear Safety and Control Act
67(1)The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act, designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under section 24 of that Act in relation to the designated project.
Decision statement considered part of certificate, etc.‍, under Canadian Energy Regulator Act
(2)A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorizat