Bill C-69
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- ENGLISH
- RECOMMENDATION RECOMMENDATION
- SUMMARY SUMMARY
- TABLE OF PROVISIONS TABLE OF PROVISIONS
- PART 1 Impact Assessment Act PART 1 Impact Assessment Act
- Enactment of Act Enactment of Act
- Amendments to the Impact Assessment Act Amendments to the Impact Assessment Act
- Repeal Repeal
- PART 2 Canadian Energy Regulator Act PART 2 Canadian Energy Regulator Act
- Enactment of Act Enactment of Act
- Transitional Provisions Transitional Provisions
- Repeal Repeal
- PART 3 Navigation Protection Act PART 3 Navigation Protection Act
- Amendments to the Act Amendments to the Act
- Transitional Provisions Transitional Provisions
- PART 4 Consequential and Coordinating Amendments and Coming into Force PART 4 Consequential and Coordinating Amendments and Coming into Force
- Consequential Amendments Consequential Amendments
- Access to Information Act Access to Information Act
- Energy Administration Act Energy Administration Act
- Energy Supplies Emergency Act Energy Supplies Emergency Act
- Excise Tax Act Excise Tax Act
- Export Development Act Export Development Act
- Federal Courts Act Federal Courts Act
- Financial Administration Act Financial Administration Act
- Canada Labour Code Canada Labour Code
- Northern Pipeline Act Northern Pipeline Act
- Canada Oil and Gas Operations Act Canada Oil and Gas Operations Act
- Privacy Act Privacy Act
- Public Service Superannuation Act Public Service Superannuation Act
- Canada Petroleum Resources Act Canada Petroleum Resources Act
- Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
- Canadian Transportation Accident Investigation and Safety Board Act Canadian Transportation Accident Investigation and Safety Board Act
- Hibernia Development Project Act Hibernia Development Project Act
- Public Sector Compensation Act Public Sector Compensation Act
- Transportation of Dangerous Goods Act, 1992 Transportation of Dangerous Goods Act, 1992
- Yukon Surface Rights Board Act Yukon Surface Rights Board Act
- Mackenzie Valley Resource Management Act Mackenzie Valley Resource Management Act
- Yukon Act Yukon Act
- Nunavut Waters and Nunavut Surface Rights Tribunal Act Nunavut Waters and Nunavut Surface Rights Tribunal Act
- Species at Risk Act Species at Risk Act
- Yukon Environmental and Socio-economic Assessment Act Yukon Environmental and Socio-economic Assessment Act
- First Nations Oil and Gas and Moneys Management Act First Nations Oil and Gas and Moneys Management Act
- Environmental Violations Administrative Monetary Penalties Act Environmental Violations Administrative Monetary Penalties Act
- Bridge To Strengthen Trade Act Bridge To Strengthen Trade Act
- Nunavut Planning and Project Assessment Act Nunavut Planning and Project Assessment Act
- Northwest Territories Devolution Act Northwest Territories Devolution Act
- Northwest Territories Act Northwest Territories Act
- Terminology Terminology
- Coordinating Amendments Coordinating Amendments
- Coming into Force Coming into Force
- Schedule Schedule
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First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 |
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HOUSE OF COMMONS OF CANADA |
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
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AS PASSED
BY THE HOUSE OF COMMONS
June 20, 2018
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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.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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TABLE OF PROVISIONS
Preamble
Enactment
Impact Assessment Act
Definitions
Rights of Indigenous peoples of Canada
Non-application
Binding on Her Majesty
Purposes
Proponent
Federal authority
Minister’s power to designate
Proponent’s obligation — description of designated project
Public participation
Agency’s obligation — offer to consult
Federal authority’s obligation
Agency’s obligation — summary of issues
Proponent’s obligation — notice
Decision
Minister’s power
Notice of commencement
Time limit for information or studies
Termination of impact assessment
Agency’s or Minister’s obligations
Factors — impact assessment
Specialist or expert information
Application only when no referral to review panel
Agency’s obligations
Information
Public participation
Public notice in certain cases — draft report
Delegation
Non-disclosure
Minister’s power
Exceptions
Conditions
Assessment considered in conformity
Additional information
Referral to review panel
Time limit
Studies and collection of information
Agreement to jointly establish review panel
Mackenzie Valley Resource Management Act
Terms of reference and appointment of members
Provisions of agreement
Obligation to refer
Terms of reference — Nuclear Safety and Control Act
Impact assessment to be used
Powers in relation to Nuclear Safety and Control Act
Terms of reference — Canadian Energy Regulator Act
Powers in relation to Canadian Energy Regulator Act
Summary and information
Establishment of roster
Review panel’s duties
Information
Power to summon witnesses
Informal proceedings
Copy posted on Internet site
Studies and collection of information
Non-disclosure
Power to terminate
Completion of impact assessment by Agency
Minister’s decision
Referral to Governor in Council
Governor in Council’s determination
Factors — public interest
Conditions — effects within federal jurisdiction
Decision statement issued to proponent
Posting of decision statement on Internet site
Decision statement considered to be part of licence under Nuclear Safety and Control Act
Minister’s power — decision statement
Public notice — amendment to decision statement
Minister’s obligation
Revocation of decision statement
Amending decision statement — information
Termination by Agency or Minister
No disclosure
Agency’s obligation
Regulations
Powers exercised, duties and functions performed during a given period
Expenditure of fees, charges, etc.
Debt due to Her Majesty
Unpaid fees, charges, etc.
Definitions
Project carried out on federal lands
Project outside Canada
Factors
Federal authority’s obligation
Notice posted on Internet site
Power to designate physical activities
Designation of class of projects
Notice inviting public comments
Referral to Governor in Council
Non-application — national emergency or emergency
Regional assessments — region entirely on federal lands
Regional assessments — other regions
Agency’s obligation to offer to consult
Assessments
Committee’s mandate and appointment of members
Minister’s obligations — request for assessment
Information available to public
Public participation
Federal authority’s obligation
Application of section 53
Report to Minister
Copy of report posted on Internet site
Canadian Impact Assessment Registry
Establishment and maintenance
Establishment and maintenance
Categories of available information
Protection from civil proceeding or prosecution
Regulations — Governor in Council
Amendment of Schedule 2
Review of regulations
Regulations — Minister
Externally produced documents
Minister’s powers
Non-application — national security
Statutory Instruments Act
Advisory council to be established
Meetings
Confidentiality
Designation
Immunity
Authority to enter
Warrant for dwelling-house
Entry on private property
Production of documents
Issuance
Measures required
Exigent circumstances
Duty to comply with order
Request for review
Review
No automatic stay on review
Evidence
Powers of review officer
Decision
Immunity
Rules
Appeal to Federal Court
Order not suspended
Court’s power
Voluntary reports
Obstruction
False statements or information
Offences
Determination of small revenue corporation or entity status
Continuing offences
Liability of senior officers
Duties of senior officers
Limitation period or prescription
Admissibility of evidence
Notice to shareholders
Power
Agency continued
Delegation to Agency
Agency’s objects
Agency’s duties
Expert committee
Advisory committee — interests and concerns of Indigenous peoples
Using government facilities
President
Executive Vice-president
Remuneration
Appointment under Public Service Employment Act
Head office
Contracts, etc., binding on Her Majesty
Annual report to Parliament
Review of Act after 10 years
Definitions
President of former Agency
Executive Vice-president of former Agency
Employment continued
References
Transfer of rights and obligations
Commencement of legal proceedings
Continuation of legal proceedings
Appropriations
Persons designated
Screenings commenced under 1992 Act
Comprehensive studies commenced under 1992 Act
Screenings under 2012 Act
Environmental assessments by former Agency under 2012 Act
Environmental assessments by other responsible authorities
Environmental assessments referred to review panel
Decision statements issued under 2012 Act
Substitution
Non-application of this Act
Unpaid costs
Privileged evidence, documents or things
Regulations
Amendments
Repeal
Enactment
Canadian Energy Regulator Act
Definitions
Rights of Indigenous peoples of Canada
Application — Special Act lands
Powers of liquidators, trustees, etc.
Purpose of Act
Binding on Her Majesty
Order designating Minister
Definition of document of authorization
Canadian Energy Regulator
Mandate
Jurisdiction — Inuvialuit Settlement Region
Governor in Council directions
Establishment and composition
Appointment
Conflict of Interest Act
Role of the board of directors
Annual report
Role of Chairperson
Vacancy
Appointment
Conflict of Interest Act
Role of Chief Executive Officer
Designated officers
For greater certainty
Commission
Quorum
Appointment
Conflict of Interest Act
Vacancy
Court of record
Jurisdiction
Power to act on own initiative
Orders and prohibitions
Rules
Annual report
Designation
Role of Lead Commissioner
Acting Lead Commissioner
Acting Lead and Deputy Lead Commissioners
Instructions regarding timeliness
Measures to meet time limit
Inconsistencies
Non-application
Authorization — powers, duties and functions
Authorization — report
Replacement of commissioner during hearing
Replacement of panel member during hearing
Lead Commissioner’s powers
Change in composition of panel
Authorization to continue
Public hearings
Reasons
Regulations
Apportionment of work
Duty to consider — Commission
Involvement of Indigenous peoples of Canada
Confidentiality — traditional knowledge
Regulations
Confidentiality
Confidentiality
Confidentiality
Reasons
Enforcement of orders
Conditions
General or particular application
Coming into force and cessation of effect — Commission
Relief
Power to review, vary or rescind — Commission
Decisions final
Appeal to Commission
Appeal to Federal Court of Appeal
Alternative dispute resolution
Public engagement
Participant funding program
Collaborative processes
Ministerial arrangements
Regulations
Inconsistencies
Study and review
Reports and recommendations to Minister
Recommendations on cooperative measures
Request of Minister
Other requests
Powers — Inquiries Act
Use of government agencies
Regulations
Service Fees Act
Definition of certified document
Compensation
Public Service Superannuation Act
Statutory Instruments Act
Definitions
Reasonable care
Orders
Regulations
Exemption orders
Regulations
Offence and punishment
Security regulations
Abandoned facilities
Designation of inspection officers
Authority to enter
Warrant to enter dwelling-house or living quarters
Immunity
Prohibition — obstruction
Prohibition — false statements or information
Notice of non-compliance
Grounds for making order
Effect of appeal
Information confidential
Offence and punishment — duty to assist and orders
Definitions
Voluntary reporting
Regulations
Powers of Regulator
Commission of violation
Liability of directors, officers, etc.
Proof of violation
Issuance and service of notice of violation
Certain defences not available
Continuing violation
Violation or offence
Limitation period or prescription
Right to request review
Correction or cancellation of notice of violation
Review
Object of review
Burden of proof
Payment
Failure to act
Debts to Her Majesty
Certificate
Admissibility of documents
Publication
Purpose
Recovery of loss, damage, costs, expenses
Financial resources
Pooled fund
Reimbursement — measures taken by government institution
Designation
Regulations imposing fees, etc.
Establishment of Tribunal
Jurisdiction of courts
Public notice
Members of Tribunal
Tenure
Immunity
Chairperson
Staff
Technical or specialized knowledge
Payment by Regulator
Staff and facilities
Hearings
Powers
Examinations
Frivolous or vexatious claims
Written submissions
Rules
Application
Public hearings
Interim award of compensation
Determining compensation
Amount to be paid
Total amount
Recovery of overpayment
Report
Reconsideration
Determining compensation
Grounds
Amount paid out of Fund
Regulations — Tribunal
Regulations — compensation
Sentencing principles
Orders of court
Variation of sanctions
Subsequent applications with leave
Recovery of fines and amounts
Companies only
Operation of pipeline
Limitations
Application for certificate
Report
Order to reconsider
Impact Assessment Act
Decision by Governor in Council
Compliance
Application for judicial review
Continuation of jurisdiction and obligation
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
Approval
Plan, profile and book of reference
Additional material to be deposited
Notice to owners
Public hearing
Matters to be taken into account
Conditions
Notice of decision
Costs of making representations
For greater certainty
Application for correction of errors
Error as to names
Registration of plans, etc.
Approval of deviations
Relocation
Leave required
Orders
Impact Assessment Act
Power of the Regulator
Construction — utility
Construction or operation — navigable water
Effects of recommendation on navigation
Pipeline not work
Regulations
Existing terms and conditions
Offence and punishment
If pipeline affixed to any real property or immovables
Definition of tariff
Orders
Tariff to be filed
Commencement of tariff
Authorized tolls
Tolls
Determination — Commission
Interim tolls
Disallowance
Suspension
No unjust discrimination
Burden of proof
Prohibition
General rule
Duty — company
Extension or improvement
Limitation
Costs and expenses related to abandonment
Orphan pipelines
Orphan abandoned pipelines
Measures
Orphan Pipelines Account
Prohibition
Issuance
Publication
Provincial regulatory agency
Application
Laws of a province
Application of provincial laws
Powers, duties and functions of provincial regulatory agency
Paramountcy
Further information
Recommendation and delay of issuance
Where certificate required
Election by applicant or holder
Effect of election
Where certificate required
Issuance
Impact Assessment Act
Application
Prohibition
Application of certain provisions
Construction or operation
Effects on navigation
Power lines not works
Regulations
Application
Construction — facility
Prohibition — construction or ground disturbance
Relocation
Orders
Temporary prohibition — ground disturbances
Prohibition
Conditions — permit
Compliance
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
Variation or transfer of permits
Suspension or revocation of permits
Application of certain provisions
Regulations
Offence and punishment
Offence
Certificate or order before June 1, 1990
Terms and conditions before July 3, 2013
Definitions
Prohibition — work or activity
Issuance
Impact Assessment Act
Variation or transfer
Suspension or revocation
Recovery of loss, etc., caused by debris
Financial resources
Proof of financial responsibility
Application of provisions in Part 4
Application of provisions in Part 6
Application of sections 317 and 318
Limitations
Right of entry
Study and report
Offence and punishment
Regulations
Powers of company
Damages and compensation
Exercise of powers outside Canada
Crown lands
Consent of council of the band
Consent of Yukon first nation or Governor in Council
Application restricted
Definition of owner
Methods of acquisition or lease
Notice of proposed acquisition or lease of lands
Agreement of purchase and sale
Immediate right of entry
Advance of compensation
Vesting
Determinations regarding compensation
Settlement land or Tetlit Gwich’in Yukon land
Form of compensation payment if land taken
Costs
Decisions
Agreements supersede Commission decisions
Regulations
Orders of Commission
Prohibition — construction or ground disturbance
Protection of mines
Right to minerals
Protection of pipeline from mining operations
Examination of site of mining operations
Compensation for severance, etc., of mining property
Assets of company subject to executions
Construing Special Acts
Prohibition — export
Issuance
Criteria
Time limit
Ministerial approval
Variation of licences
Transfer of licences
Suspension or revocation of licences — application or consent
Suspension or revocation of licences — contravention
Importer
Regulations
Regulations — Governor in Council approval
Export
Issuance
Publication
Further information
Delay of issuance
Where licence required
Issuance
Conditions — permits
Compliance
Period of validity
Variation or transfer of permits or licences
Suspension or revocation of permits or licences
Regulations — Governor in Council
Definitions
Order in Council
Issuance
Criteria
Regulations — Governor in Council
Definitions
Principle
Declaration of Governor in Council
Request for declaration
Exportation to United States, Chile or Costa Rica
No declaration made
Offence and punishment
Powers of certain officers
Definitions of oil and gas
Application
Variation of licences or authorizations
Application to appeals
Show cause hearing relating to waste
Application
Offence and punishment
Statutory Instruments Act
Regulations respecting accounts, etc.
Regulations
Security regulations
Review of Act after 10 years
Definitions
Appointments terminated
Appointments terminated
Continuation — members of National Energy Board
Persons employed by National Energy Board
Collective agreements or arbitral awards continued
Application for certification
Power of Board
Application for leave to give notice to bargain collectively
No application within specified period
Notice to bargain given before commencement day
Duty to observe conditions
Application and notice to bargain collectively
Inquiry and votes
Consideration of classification
Determination of questions of membership in bargaining units
Employer participation
Application of Federal Public Sector Labour Relations Act
Persons not represented
Complaints
Grievances
Matter referred to Board
Decisions and orders
Certificates, licences and permits
Leave
Pending applications
Excluded periods if no regulations — Part 3
Certified copies
Lands — consent not required
Section 112 of National Energy Board Act
Pending requests
Importation of oil or gas
References
Appropriations
Regulations
Repeal
Amendments
Deemed approval
Minor works
Navigable waters not listed in the schedule
Validly constructed or placed
Notice or application not decided
Access to Information Act
Energy Administration Act
Energy Supplies Emergency Act
Excise Tax Act
Export Development Act
Federal Courts Act
Financial Administration Act
Canada Labour Code
Northern Pipeline Act
Canada Oil and Gas Operations Act
Privacy Act
Public Service Superannuation Act
Canada Petroleum Resources Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Canadian Transportation Accident Investigation and Safety Board Act
Hibernia Development Project Act
Public Sector Compensation Act
Transportation of Dangerous Goods Act, 1992
Yukon Surface Rights Board Act
Mackenzie Valley Resource Management Act
Yukon Act
Nunavut Waters and Nunavut Surface Rights Tribunal Act
Species at Risk Act
Yukon Environmental and Socio-economic Assessment Act
First Nations Oil and Gas and Moneys Management Act
Environmental Violations Administrative Monetary Penalties Act
Bridge To Strengthen Trade Act
Nunavut Planning and Project Assessment Act
Northwest Territories Devolution Act
Northwest Territories Act
Replacement of “Navigation Protection Act”
Replacement of “Navigable Waters Protection Act”
Replacement of “Canadian Environmental Assessment Act, 2012”
2002, c. 7
2014, c. 2
2015, c. 4
Bill C-49
Bill C-64
Order in council
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1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-69 |
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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
1 The 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
1 This Act may be cited as the Impact Assessment Act.
Interpretation
2 The 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
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(a) are carried out in Canada or on federal lands; and
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(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,
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(a) a change to the following components of the environment that are within the legislative authority of Parliament:
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(i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
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(ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
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(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
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(iv) any other component of the environment that is set out in Schedule 3;
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(b) a change to the environment that would occur
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(i) on federal lands,
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(ii) in a province other than the one where the physical activity or the designated project is being carried out, or
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(iii) outside Canada;
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(c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
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(i) physical and cultural heritage,
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(ii) the current use of lands and resources for traditional purposes, or
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(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
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(d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and
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(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
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(a) land, water and air, including all layers of the atmosphere;
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(b) all organic and inorganic matter and living organisms; and
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(c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)
federal authority means
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(a) a Minister of the Crown in right of Canada;
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(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;
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(c) any department or departmental corporation that is set out in Schedule I, I.1 or II to the Financial Administration Act; and
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(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
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(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;
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(b) the following lands and areas:
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(i) the internal waters of Canada, in any area of the sea not within a province,
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(ii) the territorial sea of Canada, in any area of the sea not within a province,
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(iii) the exclusive economic zone of Canada, and
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(iv) the continental shelf of Canada; and
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(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
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(a) a federal authority;
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(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;
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(c) the government of a province;
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(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;
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(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;
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(f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project
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(i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or
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(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;
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(g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);
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(h) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and
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(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
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(a) under section 41;
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(b) under subsection 44(1);
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(c) under subsection 47(1);
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(d) under an agreement or arrangement entered into under subsection 39(1) or (3); or
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(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)
3 For 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
4 This Act does not apply in respect of physical activities to be carried out wholly within lands described in Schedule 2.
Her Majesty
5 This Act is binding on Her Majesty in right of Canada or a province.
Purposes
6 (1) The purposes of this Act are
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(a) to foster sustainability;
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(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;
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(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;
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(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;
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(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;
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(f) to promote communication and cooperation with Indigenous peoples of Canada with respect to impact assessments;
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(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;
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(h) to ensure that opportunities are provided for meaningful public participation during an impact assessment, a regional assessment or a strategic assessment;
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(i) to ensure that an impact assessment is completed in a timely manner;
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(j) to ensure that an impact assessment takes into account scientific information, Indigenous knowledge and community knowledge;
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(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;
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(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;
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(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
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(n) to encourage improvements to impact assessments through the use of follow-up programs.
(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.
(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
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:
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(a) a change to the following components of the environment that are within the legislative authority of Parliament:
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(i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
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(ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
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(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
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(iv) any other component of the environment that is set out in Schedule 3;
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(b) a change to the environment that would occur
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(i) on federal lands,
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(ii) in a province other than the one in which the act or thing is done, or
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(iii) outside Canada;
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(c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
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(i) physical and cultural heritage,
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(ii) the current use of lands and resources for traditional purposes, or
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(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
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(d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; or
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(e) any change to a health, social or economic matter within the legislative authority of Parliament that is set out in 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.
(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
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(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;
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(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
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(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.
8 A 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
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(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
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(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
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.
(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.
(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).
(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.
(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.
(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.
(7) The Minister must not make the designation referred to in subsection (1) if
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(a) the carrying out of the physical activity has substantially begun; or
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(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.
(8) The Agency must post on the Internet site a copy of the order made under subsection (1).
Planning Phase
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).
(2) The Agency must post a copy of the description on the Internet site.
11 The 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.
12 For 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.
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.
(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.
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.
(2) The Agency must post on the Internet site a copy of the summary of issues that it provided to the proponent.
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).
(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.
(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.
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.
(2) In making its decision, the Agency must take into account the following factors:
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(a) the description referred to in section 10 and any notice referred to in section 15;
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(b) the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects;
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(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;
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(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;
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(e) any relevant assessment referred to in section 92, 93 or 95;
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(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
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(g) any other factor that the Agency considers relevant.
(3) The Agency must post a notice of its decision and the reasons for it on the Internet site.
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.
(2) The Agency must post a copy of the notice on the Internet site.
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
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(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
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(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.
(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.
(2) The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site.
(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.
(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
(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).
(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.
(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.
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.
(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.
(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.
(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.
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.
(2) The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.
Impact Assessments
21 The 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
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(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
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(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.
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:
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(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
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(i) the effects of malfunctions or accidents that may occur in connection with the designated project,
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(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
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(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;
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(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;
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(d) the purpose of and need for the designated project;
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(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;
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(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;
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(j) any change to the designated project that may be caused by the environment;
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(k) the requirements of the follow-up program in respect of the designated project;
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(l) considerations related to Indigenous cultures raised with respect to the designated project;
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(m) community knowledge provided with respect to the designated project;
-
(n) comments received from the public;
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(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;
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(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;
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(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;
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(s) the intersection of sex and gender with other identity factors; and
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(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.
(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
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(a) the Agency; or
-
(b) the Minister, if the impact assessment is referred to a review panel.
23 Every 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
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(a) the Agency;
-
(b) the review panel; and
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(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.
24 Sections 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.
25 The 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.
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.
(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.
27 The 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.
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
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(b) a notice that invites the public to provide comments on the draft report within the period specified.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(7) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) any number of times.
(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).
(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.
(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.
29 The 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.
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.
(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.
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.
(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.
(3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.
(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.
32 The Minister must not approve the substitution of a process in relation to a designated project
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(a) the impact assessment of which has been referred by the Minister to a review panel; or
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(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.
33 (1) The Minister may only approve a substitution if he or she is satisfied that
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(a) the process to be substituted will include a consideration of the factors set out in subsection 22(1);
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(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;
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(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;
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(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;
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(e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report;
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(f) the public will have access to records in relation to the assessment to enable its meaningful participation;
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(g) at the end of the assessment, a report will be submitted to the Minister;
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(h) the report will be made available to the public; and
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(i) any other conditions that the Minister establishes are or will be met.
(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.
(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.
(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.
(4) The conditions referred to in paragraph (1)(i) must be made available to the public.
34 If 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.
35 If, 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.
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.
(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:
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(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;
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(b) public concerns related to those effects;
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(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
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(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.
(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.
(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.
(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.
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.
(2) Before the Minister refers the impact assessment to a review panel, he or she may, by order, establish
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(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
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(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.
(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.
(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
(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).
(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.
(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.
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.
(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.
(3) The Minister must take into consideration the factors set out in subsection 36(2) in establishing a time limit under subsection (2).
(4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.
38 When 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.
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.
(2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with
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(a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or
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(b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(2) Subsection (1) is subject to the following sections:
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(a) section 42;
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(b) section 44;
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(c) section 47.
42 When 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
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(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);
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(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);
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(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
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(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.
43 The 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:
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(a) the Nuclear Safety and Control Act;
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(b) the Canadian Energy Regulator 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.
(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.
(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.
(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.
45 The 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.
46 For 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.
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.
(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.
(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.
(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.
48 For 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.
49 In 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.
50 The Minister must establish the following rosters:
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(a) a roster of persons who may be appointed as members of a review panel established under any of the following:
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(i) section 41,
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(ii) subsection 44(1),
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(iii) subsection 47(1),
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(iv) an agreement, arrangement or document referred to in section 42;
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(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);
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(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).
51 (1) A review panel must, in accordance with its terms of reference,
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(a) conduct an impact assessment of the designated project;
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(b) ensure that the information that it uses when conducting the impact assessment is made available to the public;
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(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;
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(d) prepare a report with respect to the impact assessment that
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(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,
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(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,
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(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,
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(iii) sets out a summary of any comments received from the public, and
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(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;
-
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(e) submit the report with respect to the impact assessment to the Minister; and
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(f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.
(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.
(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.
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.
(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.
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
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(a) give evidence, orally or in writing; and
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(b) produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project.
(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.
(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).
(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.
(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.
(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.
(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.
54 A 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.
55 On 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.
56 The 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.
57 If 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.
58 (1) The Minister may terminate the assessment by a review panel of a designated project if
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(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
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(b) the review panel fails to submit its report within that time limit, including any extension of that time limit.
(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
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(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;
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(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
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(c) in the case of a document referred to in subsection 40(2), consult with the Mackenzie Valley Environmental Impact Review Board.
(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
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(b) in the case of a review panel established under subsection 47(1), consult with the Lead Commissioner of the Canadian Energy Regulator.
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.
(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.
(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.
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
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(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
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(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.
(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.
61 After 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.
62 If 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.
63 The 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:
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(a) the extent to which the designated project contributes to sustainability;
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(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;
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(c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;
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(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
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(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.
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.
(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.
(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.
(4) The conditions referred to in subsections (1) and (2) must include
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(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
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(b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.
65 (1) The Minister must issue a decision statement to the proponent of a designated project that
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(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;
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(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;
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(c) sets out the period established under subsection 70(1); and
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(d) includes a description of the designated project.
(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.
(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.
(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.
(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.
(6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.
(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.
66 The Agency must post on the Internet site any decision statement that the Minister issues under section 65.
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.
(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.
(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.
(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.
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.
(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.
(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).
(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.
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:
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(a) a draft of the amended decision statement; and
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(b) a notice that invites the public to provide comments on the draft within the period specified.
(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.
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.
(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.
(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.
(4) The Agency must post on the Internet site a notice that a decision statement has expired.
71 If 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.
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.
(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.
(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.
73 The 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.
74 Despite 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
75 (1) The Agency must establish a participant funding program to facilitate the participation of the public in
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(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;
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(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
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(c) regional assessments and strategic assessments.
(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
76 (1) The Governor in Council may make regulations
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(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
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(b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency.
(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
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(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
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(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.
(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).
77 For 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.
78 The 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.
79 The 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.
80 If 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,
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(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
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(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
81 The following definitions apply in this section and sections 82 to 91.
authority means
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(a) a federal authority; and
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(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
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(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
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(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)
82 An 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
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(a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or
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(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.
83 A 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
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(a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or
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(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.
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:
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(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;
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(b) Indigenous knowledge provided with respect to the project;
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(c) community knowledge provided with respect to the project;
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(d) comments received from the public under subsection 86(1); and
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(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.
(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).
85 Every 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.
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.
(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.
87 The 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.
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.
(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).
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.
(2) The Minister must consider any comments received from the public in deciding whether to make the designation.
(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.
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.
(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.
(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.
91 Sections 82 and 83 do not apply to an authority in respect of a project
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(a) in relation to which there are matters of national security;
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(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
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(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
92 The 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.
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,
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(a) the Minister may
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(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
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(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.
(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.
94 If 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.
95 The Minister may establish a committee — or authorize the Agency — to conduct an assessment of
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(a) any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or
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(b) any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects.
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.
(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.
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.
(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.
98 Subject 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.
99 The 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.
100 Every 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.
101 Section 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.
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.
(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.
103 The Agency must post a copy of the report on the Internet site.
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.
(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.
(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.
105 (1) The Agency must establish and maintain an Internet site that is available to the public.
(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:
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(a) any public notice that is issued by the Agency to request the participation of the public in the impact assessment;
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(b) a description of the factors to be taken into account in the impact assessment and of the scope of those factors;
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(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;
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(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;
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(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;
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(f) notice of the Agency’s decision to terminate the impact assessment under section 73;
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(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;
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(g.1) any public comments received during the impact assessment; and
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(h) any other record or information prescribed by regulations made under paragraph 112(f).
(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:
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(a) the review panel’s terms of reference;
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(b) any public notice that is issued by the review panel to request the participation of the public in an impact assessment;
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(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;
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(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;
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(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;
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(f) notice of the termination of an assessment by the review panel under section 58;
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(g) notice of the Minister’s decision to terminate an impact assessment under section 73;
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(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;
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(h.1) any public comments received in the course of the impact assessment; and
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(i) any other record or information prescribed by regulations made under paragraph 112(f).
(4) The Agency must determine
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(a) what the form of the Internet site is to be and how it is to be kept;
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(b) what information must be contained in any record required to be posted on the Internet site under this Act; and
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(c) when information may be removed from the Internet site.
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.
(2) The obligation set out in subsection (1) ends on the earliest of the following days:
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(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;
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(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
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(d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.
(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
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(a) all records posted on the Internet site;
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(b) any report relating to the impact assessment;
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(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;
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(d) any records relating to the design or implementation of any follow-up program; and
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(e) any records relating to the implementation of any mitigation measures.
107 (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if
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(a) it has otherwise been made publicly available; or
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(b) the Minister determines
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(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
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(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.
-
(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:
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(a) the information is deemed to be a record that the head of a government institution intends to disclose; and
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(b) any reference to the person who requested access must be disregarded.
108 Despite 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
109 The Governor in Council may make regulations
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(a) amending Schedule 1 or 4 by adding or deleting a body or a class of bodies;
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(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,
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(iii) on lands with respect to which agreements or arrangements referred to in paragraph 114(1)(d) or (e) apply,
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(iv) under international agreements or arrangements entered into by the Government of Canada, or
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(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
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(h) generally, for carrying out the purposes and provisions of this Act.
110 The 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.
111 (1) The Agency must review, within the prescribed period, any regulations made under paragraph 109(b).
(2) After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.
112 The Minister may make regulations
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(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);
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(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.
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.
(2) A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.
(3) The Minister must ensure that any document incorporated by reference in a regulation is accessible.
(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.
114 (1) For the purposes of this Act, the Minister may
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(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
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(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.
(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.
(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.
(4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.
(5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site.
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.
(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.
(3) The Agency must post on the Internet site a notice of any order made under subsection (2).
116 An 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
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.
(2) The Minister must appoint members to the advisory council, including a chairperson.
(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
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(c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.
118 (1) The advisory council must meet at least once a year.
(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.
(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.
(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.
(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
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.
(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
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(a) it is publicly available;
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(b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or
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(c) the disclosure is authorized in the prescribed circumstances.
(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).
(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.
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.
Administration and Enforcement
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.
(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).
121 No 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.
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.
(2) The enforcement officer may, for those purposes,
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(a) examine anything in the place;
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(b) use any means of communication in the place or cause it to be used;
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(c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;
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(d) prepare a document, or cause one to be prepared, based on the data;
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(e) use any copying equipment in the place, or cause it to be used;
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(f) remove anything from the place for examination or copying;
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(g) take photographs and make recordings or sketches;
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(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;
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(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;
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(j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
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(k) prohibit or limit access to all or part of the place.
(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.
(4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g).
(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.
123 (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
(2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that
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(a) the dwelling-house is a place referred to in subsection 122(1);
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(b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and
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(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
(3) In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.
124 (1) For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
(2) A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so.
125 (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act.
(2) The enforcement officer must make the request by a means that provides a record of delivery.
(3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
126 (1) If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.
(2) The notice must be made in writing and must set out
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(a) the name of the person or entity to whom it is directed;
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(b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened;
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(c) the relevant facts surrounding the alleged contravention; and
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(d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.
127 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to
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(a) stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or
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(b) take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance.
(2) Subject to section 128, the order must be made in writing and must set out
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(a) the name of the person or entity to whom it is directed;
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(b) the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68, that is alleged to have been or that is likely to be contravened;
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(c) the relevant facts surrounding the alleged contravention;
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(d) the measures to be taken;
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(e) the time or the day when each measure is to begin or the period during which it is to be carried out;
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(f) the duration of the order;
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(g) a statement that the person or entity may provide comments to the enforcement officer in response to the order; and
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(h) a statement that a request for a review may be made to the President of the Agency and the time period for doing so.
(3) The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order,
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(a) amend or suspend a condition of the order, add a condition to it or delete a condition from it;
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(b) cancel the order;
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(c) correct a clerical error in the order; or
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(d) extend the order’s duration.
128 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127.
(2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127(2) would likely result in danger to the environment, human life or health or public safety.
129 (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order.
(2) If the person or entity does not comply with the order within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.
130 (1) Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order.
(2) The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.
131 On receipt of a request made under subsection 130(1), the President of the Agency must designate an individual as a review officer to review the order.
132 (1) Subject to subsection (2), the request for a review of an order does not suspend the operation of an order.
(2) A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety.
(3) If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.
133 (1) A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions.
(2) Any order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court.
(3) An order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court.
134 A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may
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(a) confirm or cancel the order;
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(b) amend or suspend a condition of the order, add a condition to it or delete a condition from it; or
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(c) extend the order’s duration.
135 (1) A review officer must render a written decision, with reasons, and provide all persons or entities to whom the order was given and the President of the Agency with a copy of the decision and the reasons.
(2) Any person or entity that is subject to an order confirmed or varied under section 134 must comply with the order.
136 No action or other proceeding of a civil nature may be brought against a review officer 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.
137 The Agency may make rules
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(a) governing the practice and procedure for the review of orders;
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(b) generally, respecting the work of review officers; and
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(c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer.
138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.
139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.
140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
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(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
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(b) do an act that, in the court’s opinion, may prevent the commission of the offence.
(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.
141 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency.
(2) The person making the report may request that their identity, and any information that may reveal their identity, not be disclosed.
(3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.
(4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing.
(5) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has
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(a) made a report under subsection (1);
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(b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or
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(c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.
142 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.