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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
AS PASSED
BY THE HOUSE OF COMMONS
June 20, 2018
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 Indigenous 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;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
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 positive and negative consequences of these changes. (effets)
effects within federal jurisdiction means, with respect to a physical activity or a designated project,
(a)a change to the following components of the environment that are within the legislative authority of Parliament:
(i)fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
(ii)aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
(iii)migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
(iv)any other component of the environment that is set out in Schedule 3;
(b)a change to the environment that would occur
(i)on federal lands,
(ii)in a province other than the one where the physical activity or the designated project is being carried out, or
(iii)outside Canada;
(c)with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
(i)physical and cultural heritage,
(ii)the current use of lands and resources for traditional purposes, or
(iii)any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
(d)any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and
(e)any change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3. (effet relevant d’un domaine de compétence fédérale)
enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120(1).‍ (agent de l’autorité)
environment means the components of the Earth, and includes
(a)land, water and air, including all layers of the atmosphere;
(b)all organic and inorganic matter and living organisms; and
(c)the interacting natural systems that include components referred to in paragraphs (a) and (b).‍ (environnement)
federal authority means
(a)a Minister of the Crown in right of Canada;
(b)an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;
(c)any department or departmental corporation that is set out in Schedule I, I.‍1 or II to the Financial Administration Act; and
(d)any other body that is set out in Schedule 1.
It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is a wholly-owned subsidiary, as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1.‍ (autorité fédérale)
federal lands means
(a)lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;
(b)the following lands and areas:
(i)the internal waters of Canada, in any area of the sea not within a province,
(ii)the territorial sea of Canada, in any area of the sea not within a province,
(iii)the exclusive economic zone of Canada, and
(iv)the continental shelf of Canada; and
(c)reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands.‍ (territoire domanial)
follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures.‍ (programme de suivi)
impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act.‍ (évaluation d’impact)
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
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, respects the Government’s commitments with respect to the rights of the Indigenous peoples of Canada and applies the precautionary principle.
Application of principles to powers
(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.
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 meaningfully 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 within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under section 12;
(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 Notice
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 environmental effects within federal jurisdiction, the Minister 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.
Copy posted on Internet site
(2)The Agency must post a copy of the notice 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), 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.
Factors to consider — information or studies
(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.
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, whether it is conducted by the Agency or a review panel, must take into account the following factors:
(a)the 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 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 that are technically and economically feasible and are directly related to the designated project;
(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 — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — 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 (f), (h) to (l) and (s) and (t) is determined by
(a)the Agency; or
(b)the Minister, if the impact assessment is referred to a review panel.
Federal Authority’s Obligation
Specialist or expert information
23Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to
(a)the Agency;
(b)the review panel; and
(c)a government, an agency or body, or a jurisdiction that conducts an assessment of the designated project under a substituted process approved under section 31.
Impact Assessment by Agency
General Rules
Application only when no referral to review panel
24Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.
Agency’s obligations
25The Agency must ensure that
(a)an impact assessment of the designated project is conducted; and
(b)a report is prepared with respect to that impact assessment.
Information
26(1)The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it.
Studies and collection of information
(2)However, if the Agency is of the opinion that there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
Public participation
27The Agency must ensure that the public is provided with an opportunity to participate meaningfully, within the time period specified by the Agency, 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
(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.
Report — additional content
(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.
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 meaningfully 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
(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.
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; and
(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.
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
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.
Minister’s power
(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.
Factors to consider
(3)The Minister must take into consideration the factors set out in subsection 36(2) in establishing a time limit under subsection (2).
Application
(4)Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.
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) with
(a)the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or
(b)the Canadian Energy Regulator if the designated project includes physical activities that are regulated under 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 — 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 — 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 — 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 — 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 — 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 — 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 — 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 — 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
(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.
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 — 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 — 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
(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.
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 26(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 of 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 meaningfully, within the time period specified by the review panel, 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,
(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,
(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
(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.
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 and the reasons for it are 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 be based on the report with respect to the impact assessment 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 and, if the Minister considers it appropriate, an adaptive management plan.
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, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in section 63.
Time limit of decision statement — Minister’s determination
(3)When the Minister makes a determination under paragraph 60(1)‍(a), he or she must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site.
Time limit of decision statement — Governor in Council’s decision
(4)When the Governor in Council makes a determination under section 62, the Minister must issue the decision statement no later than 90 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site.
Extension of time limit by Minister
(5)The Minister may extend the time limit referred to in subsection (3) or (4) by any period — up to a maximum of 90 days — for any reason that the Minister considers necessary.
Extension of time limit by Governor in Council
(6)The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.
Proponent informed of extension
(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.
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
(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.
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, after considering any views provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project.
Extension
(2)The Minister may, after considering any views provided by the proponent on the matter, 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(1)An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on 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
(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).
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 30 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
87The Minister may, by order, 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 Minister’s opinion, may cause significant adverse environmental effects.
Designation of class of projects
88(1)The Minister may, by order, designate a class of projects if, in the Minister’s 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)If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency 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 Minister must consider any comments received from the public in deciding whether to make the designation.
Posting notice on Internet site
(3)If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency 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 the Minister’s 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(1)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
(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.
Information available to public
98Subject to section 119, 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 meaningfully, within the time period specified by the Agency or committee, as the case may be, 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(1)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
(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.
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 and, subject to paragraph (4)‍(c), maintained 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;
(g.‍1)any public comments received during the impact assessment; 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 and, subject to paragraph (4)‍(c), maintained 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;
(h.‍1)any public comments received in the course of the impact assessment; 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)the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;
(c)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
(d)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);
(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;
(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 any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;
(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
(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.
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, including the advice with respect to regional and strategic assessments to be given priority.
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, including the advice with respect to regional and strategic assessments to be given priority.
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, including with respect to the advice the council provided about regional and strategic assessments, 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, a committee referred to in section 92, 93 or 95 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 Indigenous 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
(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).
Further disclosure
(3)The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)‍(b) for the purposes of procedural fairness and natural justice.
Duty to comply
(4)The person or entity 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.