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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

Reprinted as amended by the Standing Committee on Environment and Sustainable Development as a working copy for the use of the House of Commons at Report Stage and as reported to the House on May 29, 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

185.‍1

Non-application of this Act

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

42.‍1

References

42.‍2

Appropriations

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 Insertion start Indigenous Insertion end 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 Indigenous knowledge 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;

Start of inserted block

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;

End of inserted block

Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment 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 Insertion start positive and negative Insertion end 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)

Start of inserted block

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

End of inserted block

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, Indigenous knowledge 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, Insertion start respects the Government’s commitments with respect to the rights of the Indigenous peoples of Canada Insertion end and applies the precautionary principle.

Application of principles to powers
Start of inserted block

(3)The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.

End of inserted block
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 Insertion start meaningfully Insertion end 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 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 Insertion start within the time period specified by the Agency Insertion end from the public Insertion start and from any jurisdiction or Indigenous group that is consulted under section 12 Insertion end ;

  • (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 Insertion start Notice Insertion end
Minister’s obligation

17(1)If, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), 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 the Minister is of the opinion that it is clear that the designated project would cause unacceptable Insertion start environmental Insertion end effects within federal jurisdiction, the Minister Insertion start must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion Insertion end .

Copy posted on Internet site

(2)The Agency must post a copy of the Insertion start notice Insertion end 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 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), Insertion start including tailored guidelines regarding the information or studies referred to in paragraph (a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits Insertion end .

Factors to consider — information or studies
Start of inserted block

(1.‍1)The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for it to conduct the impact assessment.

End of inserted block
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, Insertion start whether it is conducted by the Agency or a review panel Insertion end , must take into account the following factors:

  • (a)the Insertion start changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out Insertion end 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 Insertion start that are technically and economically feasible and are directly related to the designated project Insertion end ;

  • (g)Indigenous knowledge 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 —  Insertion start or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 Insertion end  — 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 Insertion start (f), (h) to Insertion end (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 Insertion start meaningfully, within the time period specified by the Agency Insertion end , 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.

Report — Indigenous knowledge
Start of inserted block

(3.‍1)Subject to section 119, the report must set out how the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.

End of inserted block
Report — additional content
Start of inserted block

(3.‍2)The report must also set out a summary of any comments received from the public, as well as the Agency’s recommendations with respect to any mitigation measures and follow-up program and the Agency’s rationale and conclusions.

End of inserted block
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 definition jurisdiction 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 Insertion start meaningfully Insertion end 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.

Report — Indigenous knowledge
Start of inserted block

(2.‍1)The Minister must be satisfied that the report that will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.

End of inserted block
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;

  • (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; Insertion start and Insertion end

  • Start of inserted block

    (d)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.

    End of inserted block
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.

Time limit — 300 days
Start of inserted block

37.‍1(1)Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, it must, subject to subsection (2), submit a report with respect to that impact assessment to the Minister no later than 300 days after the day on which he or she appoints to the panel the minimum number of members required.

End of inserted block
Minister’s power
Start of inserted block

(2)The Minister may, at any time before the Agency posts a copy of the notice of commencement of the impact assessment on the Internet site, by order, establish a time limit that is longer than the time limit referred to in subsection (1) but is no more than 600 days. The order must include the Minister’s reasons for making it.

End of inserted block
Factors to consider
Start of inserted block

(3)The Minister must take into consideration the factors set out in subsection 36(2) in establishing a time limit under subsection (2).

End of inserted block
Application
Start of inserted block

(4)Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.

End of inserted block
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) Insertion start with Insertion end

  • (a) Insertion start the Canadian Nuclear Safety Commission Insertion end if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or

  • (b) Insertion start the Canadian Energy Regulator if the designated project includes physical activities that are regulated under Insertion end 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 —  Insertion start within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site Insertion end  — 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 —  Insertion start within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site Insertion end  — 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 —  Insertion start within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site Insertion end  — 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 —  Insertion start within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site Insertion end  — 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.

Not majority
Start of inserted block

(4)The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.

End of inserted block
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 —  Insertion start within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site Insertion end  — 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.

Not majority
Start of inserted block

(4)The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.

End of inserted block
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 Insertion start 26 Insertion end (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 Insertion start of Insertion end 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 Insertion start meaningfully, within the time period specified by the review panel Insertion end , 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,

    • Start of inserted block

      (ii.‍1)subject to section 119, sets out how the review panel, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project,

      End of inserted block
    • (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.

Report — Indigenous knowledge
Start of inserted block

(3)Subject to section 119, the report must set out how the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.

End of inserted block
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 Insertion start and the reasons for it are Insertion end 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 Insertion start be based on the report with respect to the impact assessment Insertion end and 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 Insertion start and, if the Minister considers it appropriate, an adaptive management plan Insertion end .

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, Insertion start based the determination on the report with respect to the impact assessment of the designated project Insertion end and considered Insertion start each of Insertion end 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.

Proponent informed of extension
Start of inserted block

(7)The Minister must inform the proponent in writing of any extension granted under this section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.

End of inserted block
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 authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project.

Decision statement considered to be part of authorization, etc.‍, under Canada Oil and Gas Operations Act

(3)A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project.

Non-application
Start of inserted block

(4)Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.

End of inserted block
Minister’s power — decision statement

68(1)The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it.

Limitation — condition

(2)The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.

Limitation and application

(3)The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64(1) or (2). Subsection 64(3) applies with respect to the new or amended condition if it could be established under subsection 64(2).

Limitation — Nuclear Safety and Control Act

(4)The Minister is not permitted to amend or remove a condition designated under subsection 67(1) and is not permitted to designate, under that subsection, any condition added under this section.

Public notice — amendment to decision statement

69(1)If the Minister intends to amend a decision statement under section 68, the Minister must ensure that the following are posted on the Internet site:

  • (a)a draft of the amended decision statement; and

  • (b)a notice that invites the public to provide comments on the draft within the period specified.

Posting of amended decision statement on Internet site

(2)If, after taking into account any comments received from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site.

Minister’s obligation

70(1)The Minister must, Insertion start after considering any views provided by the proponent on the matter Insertion end , establish the period within which the proponent must substantially begin to carry out the designated project.

Extension

(2)The Minister may, Insertion start after considering any views provided by the proponent on the matter Insertion end , extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site.

Expiry of decision statement

(3)If the proponent does not substantially begin to carry out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period.

Notice posted on Internet site

(4)The Agency must post on the Internet site a notice that a decision statement has expired.

Revocation of decision statement

71If the proponent of a designated project advises the Minister in writing that the designated project will not — or will no longer — be carried out, the Minister may revoke the decision statement issued in respect of that project.

Amending decision statement — information

72(1)The Minister may, before amending a decision statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement.

Offer to consult

(2)If the decision statement is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in section 67, the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be.

Offer to consult — Nuclear Safety and Control Act

(3)Before the Minister amends any portion of a decision statement referred to in subsection 67(1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.

Termination of Impact Assessment
Termination by Agency or Minister

73The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.

Confidential Information
No disclosure

74Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.

Participant Funding Programs
Agency’s obligation

75(1)The Agency must establish a participant funding program to facilitate the participation of the public in

  • (a)the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(e) or that are part of a class of activities designated by those regulations;

  • (b)the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(e) or that are not part of a class of activities designated by those regulations; and

  • (c)regional assessments and strategic assessments.

Exception

(2)The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under section 31.

Cost Recovery
Regulations

76(1)The Governor in Council may make regulations

  • (a)providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and

  • (b)providing for the manner of calculating those fees, charges or levies and their payment to the Agency.

Proponent’s obligation to pay costs

(2)If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency

  • (a)any costs that the Agency or review panel incurs for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and

  • (b)any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function.

Service Fees Act

(3)The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)‍(b).

Powers exercised, duties and functions performed during a given period

77For the purposes of section 76, the powers, duties and functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10(1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed.

Expenditure of fees, charges, etc.

78The Agency may spend for any prescribed purpose the fees, charges, levies, costs and amounts referred to in section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year.

Debt due to Her Majesty

79The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Unpaid fees, charges, etc.

80If a proponent does not pay a fee, charge, levy, cost or amount referred to in section 76 that they owe within 90 days after the day on which it is due,

  • (a)the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or

  • (b)the Minister may, if an impact assessment of any designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.

Duties of Certain Authorities in Relation to Projects
Definitions

81The following definitions apply in this section and sections 82 to 91.

authority means

  • (a)a federal authority; and

  • (b)any other body that is set out in Schedule 4.‍ (autorité)

environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. (effets environnementaux)

project means

  • (a)a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project; and

  • (b)a physical activity that is designated under section 87 or that is part of a class of physical activities that is designated under that section.‍ (projet)

Project carried out on federal lands

82An authority must not carry out a project on federal lands, 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 project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless

  • (a)the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b)the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.

Project outside Canada

83A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless

  • (a)the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b)the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.

Factors

84 Insertion start (1) Insertion end An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must Insertion start be based on Insertion end a consideration of the following factors:

  • (a)any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

  • (b)Indigenous knowledge provided with respect to the project;

  • (c)community knowledge provided with respect to the project;

  • (d)comments received from the public under subsection 86(1); and

  • (e)the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.

Factors — project outside Canada
Start of inserted block

(2)However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)‍(a) and (b).

End of inserted block
Federal authority’s obligation

85Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.

Notice posted on Internet site

86(1)Before making a determination under section 82 or 83, an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination.

Notice of determination posted on Internet site

(2)No sooner than Insertion start 30 Insertion end days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.

Power to designate physical activities

87 Insertion start The Minister Insertion end may, Insertion start by order Insertion end , designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Insertion start Minister’s Insertion end opinion, may cause significant adverse environmental effects.

Designation of class of projects

88(1) Insertion start The Minister Insertion end may, Insertion start by order Insertion end , designate a class of projects if, in Insertion start the Minister’s Insertion end opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects.

Projects excluded

(2)Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1).

Notice inviting public comments

89(1) Insertion start If the Minister Insertion end intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), Insertion start the Agency Insertion end must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted.

Minister must consider public comments

(2)The Insertion start Minister Insertion end must consider any comments received from the public in deciding whether to make the designation.

Posting notice on Internet site

(3) Insertion start If the Minister Insertion end designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), Insertion start the Agency Insertion end must post on the Internet site a notice that includes a description of the physical activity, the class of physical activities or the class of projects, as the case may be, and Insertion start the Minister’s Insertion end reasons for making the designation.

Referral to Governor in Council

90(1)If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

Referral through Minister

(2)When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.

Governor in Council’s decision

(3)When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.

Non-application — national emergency or emergency

91Sections 82 and 83 do not apply to an authority in respect of a project

  • (a)in relation to which there are matters of national security;

  • (b)that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (c)that is to be carried out in response to an emergency, and the carrying out of the project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

Regional Assessments and Strategic Assessments
Regional Assessments
Regional assessments — region entirely on federal lands

92The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.

Regional assessments — other regions

93(1)If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands,

  • (a)the Minister may

    • (i)enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or

    • (ii)authorize the Agency to conduct the assessment; and

  • (b)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 that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.

Committee’s terms of reference and appointment of members

(2)If an agreement or arrangement referred to in subparagraph (1)‍(a)‍(i) or paragraph (b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.

Agency’s obligation to offer to consult

94If the Agency conducts an assessment referred to in subsection 92 or 93, it must offer to consult and cooperate 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 the physical activities in respect of which the assessment is conducted.

Strategic Assessments
Assessments

95The Minister may establish a committee — or authorize the Agency — to conduct an assessment of

  • (a)any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or

  • (b)any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects.

General Rules
Committee’s mandate and appointment of members

96(1)If the Minister establishes a committee under section 92 or 95, he or she must establish its terms of reference and appoint as a member of the committee one or more persons.

Agency’s mandate

(2)If the Minister authorizes the Agency to conduct an assessment under section 92, subsection 93(1) or section 95, he or she must establish the Agency’s terms of reference with respect to the assessment.

Minister’s obligations — request for assessment

97 Insertion start (1) Insertion end The Minister must respond, with reasons and within the prescribed time limit, to any request that an assessment referred to in section 92, 93 or 95 be conducted. The Minister must ensure that his or her response is posted on the Internet site.

Committee’s or Agency’s obligation
Start of inserted block

(2)When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge provided with respect to the assessment.

End of inserted block
Information available to public

98 Insertion start Subject to section 119 Insertion end , the Agency, or the committee, must ensure that the information that it uses when conducting an assessment referred to in section 92, 93 or 95 is made available to the public.

Public participation

99The Agency, or the committee, must ensure that the public is provided with an opportunity to participate Insertion start meaningfully, within the time period specified by the Agency or committee, as the case may be Insertion end , in any assessment referred to in section 92, 93 or 95 that it conducts.

Federal authority’s obligation

100Every federal authority that is in possession of specialist or expert information or knowledge with respect to the physical activities in respect of which an assessment referred to in section 92 or 93 is conducted — or with respect to any policy, plan, program or issue in respect of which an assessment referred to in section 95 is conducted — must, on request, make that information or knowledge available to the committee or Agency that conducts the assessment within the specified period.

Application of section 53

101Section 53 applies, with any necessary modifications, to a committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)‍(a)‍(i) or paragraph 93(1)‍(b) and, for the purpose of applying section 53 to a committee, a reference in that section to a review panel is a reference to a committee.

Report to Minister

102 Insertion start (1) Insertion end On completion of the assessment that it conducts, the committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)‍(a)‍(i) or paragraph 93(1)‍(b) or the Agency, as the case may be, must provide a report to the Minister.

Indigenous knowledge
Start of inserted block

(2)Subject to section 119, the report must set out how the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment.

End of inserted block
Copy of report posted on Internet site

103The Agency must post a copy of the report on the Internet site.

Canadian Impact Assessment Registry
Establishment of Registry
Canadian Impact Assessment Registry

104(1)There is to be a registry called the Canadian Impact Assessment Registry, consisting of an Internet site and project files.

Right of access

(2)The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.

Copy

(3)For the purpose of facilitating public access to records included in the Registry, the Agency must ensure that a copy of any of those records is provided in a timely manner on request.

Internet Site
Establishment and maintenance

105(1)The Agency must establish and maintain an Internet site that is available to the public.

Contents — assessment conducted by Agency

(2)The Agency must ensure that the following records and information relating to the impact assessment of the designated project that it conducts are posted Insertion start and, subject to paragraph (4)‍(c), maintained Insertion end on the Internet site:

  • (a)any public notice that is issued by the Agency to request the participation of the public in the impact assessment;

  • (b)a description of the factors to be taken into account in the impact assessment and of the scope of those factors;

  • (c)the report with respect to the impact assessment that is taken into account by the Minister under subsection 60(1), or a summary of the report and an indication of how a copy of the report may be obtained;

  • (d)any scientific information that the Agency receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;

  • (e)a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;

  • (f)notice of the Agency’s decision to terminate the impact assessment under section 73;

  • (g)any other information that the Agency considers appropriate, including information in the form of a list of relevant records and an indication of how a copy of them may be obtained;

  • Insertion start (g.‍1) Insertion end Insertion start Insertion end Insertion start any public comments received during the impact assessment Insertion end ; and

  • (h)any other record or information prescribed by regulations made under paragraph 112(f).

Contents — assessment conducted by review panel

(3)The Agency must ensure that, in the case of an assessment conducted by a review panel or an impact assessment completed under section 59, the following records or information are posted Insertion start and, subject to paragraph (4)‍(c), maintained Insertion end on the Internet site:

  • (a)the review panel’s terms of reference;

  • (b)any public notice that is issued by the review panel to request the participation of the public in an impact assessment;

  • (c)the report with respect to the review panel’s impact assessment referred to in section 55 or the impact assessment completed under section 59, or a summary of the report and an indication of how a copy of the report may be obtained;

  • (d)any scientific information that the Agency or the review panel receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;

  • (e)a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;

  • (f)notice of the termination of an assessment by the review panel under section 58;

  • (g)notice of the Minister’s decision to terminate an impact assessment under section 73;

  • (h)any other information that the Agency considers appropriate, including information in the form of a list of relevant documents and an indication of how a copy of them may be obtained;

  • Insertion start (h.‍1) Insertion end Insertion start Insertion end Insertion start any public comments received in the course of the impact assessment Insertion end ; and

  • (i)any other record or information prescribed by regulations made under paragraph 112(f).

Management of Internet site

(4)The Agency must determine

  • (a)what the form of the Internet site is to be and how it is to be kept;

  • (b)what information must be contained in any record required to be posted on the Internet site under this Act; and

  • (c)when information may be removed from the Internet site.

Project Files
Establishment and maintenance

106(1)Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.

Exception

(2)The obligation set out in subsection (1) ends on the earliest of the following days:

  • (a)the day on which the Agency under subsection 16(1) decides that an impact assessment in respect of the designated project is not required;

  • (b)[Deleted]

  • (c)the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;

  • (d)the day on which the Minister issues, in respect of the designated project, a decision statement that informs the proponent of his or her, or the Governor in Council’s, determination that the adverse effects within federal jurisdiction, or the adverse direct or incidental effects, that the designated project is likely to cause are not in the public interest; and

  • (e)the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.

Contents of project file

(3)A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including

  • (a)all records posted on the Internet site;

  • (b)any report relating to the impact assessment;

  • (c)any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment;

  • (d)any records relating to the design or implementation of any follow-up program; and

  • (e)any records relating to the implementation of any mitigation measures.

General
Categories of available information

107(1)Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if

  • (a)it has otherwise been made publicly available; or

  • (b)the Minister determines

    • (i)that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

    • (ii)that there are reasonable grounds to believe that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.

Applicability of sections 27, 28 and 44 of Access to Information Act

(2)Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following:

  • (a)the information is deemed to be a record that the head of a government institution intends to disclose; and

  • (b)any reference to the person who requested access must be disregarded.

Protection from civil proceeding or prosecution

108Despite any other Act of Parliament, no civil or criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Administration
Regulations — Governor in Council

109The Governor in Council may make regulations

  • (a)amending Schedule 1 or 4 by adding or deleting a body or a class of bodies;

  • (b)for the purpose of the definition designated project in section 2, designating a physical activity or class of physical activities;

  • (c)exempting any class of proponents or class of designated projects from the application of section 76;

  • (d)varying or excluding any requirement set out in this Act or the regulations as it applies to physical activities to be carried out

    • (i)on reserves, surrendered lands or other lands that are vested in Her Majesty and subject to the Indian Act,

    • (ii)on lands covered by land claim agreements referred to in section 35 of the Constitution Act, 1982,

    • (iii)on lands with respect to which agreements or arrangements referred to in paragraph 114(1)‍(d) or (e) apply,

    • (iv)under international agreements or arrangements entered into by the Government of Canada, or

    • (v)in relation to which there are matters of national security;

  • (e)respecting agreements or arrangements referred to in paragraph 114(1)‍(d) or (e);

  • (f)prescribing anything that, by this Act, is to be prescribed;

  • (g)prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and

  • (h)generally, for carrying out the purposes and provisions of this Act.

Amendment of Schedule 2

110The Governor in Council may, by order, amend Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982.

Review of regulations

111(1)The Agency must review, within the prescribed period, any regulations made under paragraph 109(b).

Report

(2)After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.

Regulations — Minister

112The Minister may make regulations

  • (a)prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1) and the documents referred to in paragraph 18(1)‍(b);

  • Start of inserted block

    (a.‍1)respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;

    End of inserted block
  • (b)respecting the procedures, requirements and time periods relating to impact assessments, including the manner of designing a follow-up program;

  • (c)prescribing, for the purposes of Insertion start any of Insertion end subsections 9(5), 18(6), 28(9), 36(3) and 37(6), Insertion start any activity Insertion end in respect of which Insertion start a Insertion end time Insertion start limit Insertion end may be suspended Insertion start and respecting circumstances, in relation to an activity, in which a time limit may be suspended Insertion end ;

  • (d)respecting a participant funding program established under section 75;

  • (e)designating, for the purposes of section 75, a physical activity or class of physical activities;

  • (f)respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and

  • (g)respecting the charging of fees for providing copies of documents contained in the Registry.

Externally produced documents

113(1)A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in section 2.

Ambulatory incorporation by reference

(2)A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.

Accessibility of incorporated document

(3)The Minister must ensure that any document incorporated by reference in a regulation is accessible.

No registration or publication

(4)For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Minister’s powers

114(1)For the purposes of this Act, the Minister may

  • (a)issue guidelines and codes of practice respecting the application of this Act;

  • (b)establish research and advisory bodies in the area of impact assessment, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons;

  • (c)enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects;

  • (d)if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to

    • (i)authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or

    • (ii)in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project,

      • (A)provide that the jurisdiction is considered to be a jurisdiction for the application of this Act on those lands, and

      • (B)authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (e)if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to

    • (i)provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and

    • (ii)authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (f)enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest;

  • (g)establish criteria for the appointment of members of review panels; and

  • (h)establish criteria for the appointment of members of committees established under section 92 or 93.

International agreements and arrangements

(2)The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party.

Opportunity for public to comment

(3)The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.

Availability to public

(4)Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.

Agreements or arrangements posted on Internet site

(5)The Minister must ensure that an agreement or arrangement referred to in paragraph (1)‍(d) or (e) is posted on the Internet site.

Non-application — national security

115(1)The Governor in Council may, by order, exclude a designated project from the application of this Act if, in the Governor in Council’s opinion, the designated project is one in relation to which there are matters of national security.

Non-application — national emergency or emergency

(2)The Minister may, by order, exclude a designated project from the application of this Act if, in the Minister’s opinion, the designated project is one to be carried out in response to

  • (a)a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (b)an emergency, and carrying out the designated project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

Posting of notice of order on Internet site

(3)The Agency must post on the Internet site a notice of any order made under subsection (2).

Statutory Instruments Act

116An order made under subsection 9(1) or 115(1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Minister’s Advisory Council
Advisory council to be established

117(1)The Minister must establish an advisory council to advise him or her on issues related to the implementation of the impact assessment and regional and strategic assessment regimes set out under this Act.

Appointment

(2)The Minister must appoint members to the advisory council, including a chairperson.

Membership
Start of inserted block

(3)The membership of the council must include at least

  • (a)one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

  • (b)one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

  • (c)one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.

    End of inserted block
Meetings

118(1)The advisory council must meet at least once a year.

First report

(2)Within three months after the end of the fiscal year during which the first anniversary of the coming into force of this Act occurs, the advisory council must submit to the Minister a report setting out the advice it provided during the period beginning on the day on which this Act comes into force and ending on the day on which that fiscal year ends, Insertion start including the advice with respect to regional and strategic assessments to be given priority Insertion end .

Subsequent reports

(3)Within three months after the end of each period of two fiscal years not addressed by the previous report, the advisory council must provide to the Minister a report setting out the advice it provided during that period of two fiscal years, Insertion start including the advice with respect to regional and strategic assessments to be given priority Insertion end .

Tabling of report

(4)The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report and then ensure the report is posted on the Internet site.

Minister’s comments

(5)Within 90 days after the day on which he or she receives the report, the Minister must provide his or her comments on the report to the advisory council, Insertion start including with respect to the advice the council provided about regional and strategic assessments Insertion end , and then ensure they are posted on the Internet site.

Indigenous Knowledge
Confidentiality

119(1)Any Indigenous knowledge that is provided to the Minister, the Agency, Insertion start a committee referred to in section 92, 93 or 95 Insertion end or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

Exception

(2)Despite subsection (1), the Insertion start Indigenous Insertion end knowledge referred to in that subsection may be disclosed if

  • (a)it is publicly available;

  • (b)the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

  • (c)the disclosure is authorized in the prescribed circumstances.

Consultation
Start of inserted block

(2.‍1)Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

End of inserted block
Further disclosure

(3)The Minister, the Agency, Insertion start the committee Insertion end or the review panel, as the case may be, may, Insertion start having regard to the consultation referred to in subsection (2.‍1) Insertion end , impose conditions with respect to the disclosure of Insertion start Indigenous Insertion end knowledge by any person Insertion start or entity Insertion end to whom it is disclosed under paragraph (2)‍(b) for the purposes of procedural fairness and natural justice.

Duty to comply

(4)The person Insertion start or entity Insertion end referred to in subsection (3) must comply with any conditions imposed under that subsection.

Administration and Enforcement
Enforcement Officers and Analysts
Designation

120(1)The Minister may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.

Certificate

(2)The Minister must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 122(1).

Immunity

121No action or other proceeding of a civil nature lies against an enforcement officer or analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.

Powers
Authority to enter

122(1)An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, enter a place in which they have reasonable grounds to believe a designated project is or was being carried out or a record or anything relating to a designated project is located.

Powers on entry

(2)The enforcement officer may, for those purposes,

  • (a)examine anything in the place;

  • (b)use any means of communication in the place or cause it to be used;

  • (c)use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

  • (d)prepare a document, or cause one to be prepared, based on the data;

  • (e)use any copying equipment in the place, or cause it to be used;

  • (f)remove anything from the place for examination or copying;

  • (g)take photographs and make recordings or sketches;

  • (h)direct the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;

  • (i)direct the owner or a person having possession, care or control of anything in the place not to move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;

  • (j)direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

  • (k)prohibit or limit access to all or part of the place.

Person accompanying enforcement officer

(3)An enforcement officer who enters a place under subsection (1) may be accompanied by any other person that they believe is necessary to help them exercise their powers and perform their duties and functions under this section.

Analysts

(4)An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)‍(a) to (g).

Duty to assist

(5)The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer or analyst to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose.

Warrant for dwelling-house

123(1)If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2)On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that

  • (a)the dwelling-house is a place referred to in subsection 122(1);

  • (b)entry to the dwelling-house is necessary for any of the purposes of that subsection; and

  • (c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Use of force

(3)In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.

Entry on private property

124(1)For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

Person accompanying

(2)A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so.

Production of documents

125(1)An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act.

Proof of delivery

(2)The enforcement officer must make the request by a means that provides a record of delivery.

Compliance

(3)Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.

Notice of Non-compliance
Issuance

126(1)If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.

Contents of notice

(2)The notice must be made in writing and must set out

  • (a)the name of the person or entity to whom it is directed;

  • (b)the provision of this Act or the regulations, or the condition established under section 64, Insertion start amended under subsection 68(1) or added to a decision statement under that subsection Insertion end , that is alleged to have been contravened;

  • (c)the relevant facts surrounding the alleged contravention; and

  • (d)a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.

Orders
Measures required

127(1)If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to

  • (a)stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or

  • (b)take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance.

Contents of order

(2)Subject to section 128, the order must be made in writing and must set out

  • (a)the name of the person or entity to whom it is directed;

  • (b)the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68, that is alleged to have been or that is likely to be contravened;

  • (c)the relevant facts surrounding the alleged contravention;

  • (d)the measures to be taken;

  • (e)the time or the day when each measure is to begin or the period during which it is to be carried out;

  • (f)the duration of the order;

  • (g)a statement that the person or entity may provide comments to the enforcement officer in response to the order; and

  • (h)a statement that a request for a review may be made to the President of the Agency and the time period for doing so.

Variation or cancellation of order

(3)The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order,

  • (a)amend or suspend a condition of the order, add a condition to it or delete a condition from it;

  • (b)cancel the order;

  • (c)correct a clerical error in the order; or

  • (d)extend the order’s duration.

Exigent circumstances

128(1)In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127.

For greater certainty

(2)For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127(2) would likely result in danger to the environment, human life or health or public safety.

Duty to comply with order

129(1)Any person or entity to whom an order is given under section 127 or 128 must comply with the order.

Measures taken by enforcement officer

(2)If the person or entity does not comply with the order within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.

Review of Orders
Request for review

130(1)Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order.

Extension of period for request

(2)The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.

Review

131On receipt of a request made under subsection 130(1), the President of the Agency must designate an individual as a review officer to review the order.

No automatic stay on review

132(1)Subject to subsection (2), the request for a review of an order does not suspend the operation of an order.

Suspension on application

(2)A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety.

Duration of suspension

(3)If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.

Evidence

133(1)A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions.

Enforcement of orders

(2)Any order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court.

Procedure

(3)An order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court.

Powers of review officer

134A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may

  • (a)confirm or cancel the order;

  • (b)amend or suspend a condition of the order, add a condition to it or delete a condition from it; or

  • (c)extend the order’s duration.

Decision

135(1)A review officer must render a written decision, with reasons, and provide