Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Marginal note:President of former Agency

169 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.

Marginal note:Executive Vice-president of former Agency

170 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.

Marginal note:Employment continued

• 171 (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency.

• Marginal note:Definition of employee

  (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:References

172 Every reference to the former Agency in any deed, contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.

Marginal note:Transfer of rights and obligations

173 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.

Marginal note:Commencement of legal proceedings

174 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.

Marginal note:Continuation of legal proceedings

175 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency.

Marginal note:Appropriations

176 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency.

Marginal note:Persons designated

177 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120(1) of this Act.

Marginal note:Screenings commenced under 1992 Act

178 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated.

Marginal note:Comprehensive studies commenced under 1992 Act

• 179 (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated.

• Marginal note:Comprehensive studies continued under 2012 Act

  (2) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed.

• Marginal note:Comprehensive studies subject to subsection 125(7) of 2012 Act

  (3) Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed.

Marginal note:Screenings under 2012 Act

180 If the proponent of a designated project provided the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10(1) of this Act on the day on which this Act comes into force.

Marginal note:Environmental assessments by former Agency under 2012 Act

• 181 (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.

• Marginal note:Information or studies

  (2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.

• Marginal note:Extension of time limit

  (2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.

• Marginal note:Termination of environmental assessment

  (3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site.

• Marginal note:Request of proponent

  (4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with

  • (a) a written direction that sets out any information and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and

  • (b) the documents referred to in paragraph 18(1)(b).

  The Agency must post a copy of the written direction on the Internet site.

• Marginal note:Public comments

  (4.1) Before continuing an environmental assessment as an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent.

• Marginal note:Acceptance

  (4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection,

  • (a) the environmental assessment is continued as an impact assessment under this Act; and

  • (b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance.

• Marginal note:No review panel

  (4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.

• Marginal note:Exception

  (5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act.

Marginal note:Environmental assessments by other responsible authorities

182 Any environmental assessment of a designated project by the Canadian Nuclear Safety Commission or the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 54 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.

Marginal note:Environmental assessments by National Energy Board

182.1 Any environmental assessment of a designated project by the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 31 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.

Marginal note:Environmental assessments referred to review panel

• 183 (1) Any environmental assessment of a designated project referred to a review panel under section 38 of the 2012 Act before the day on which this Act comes into force is continued under the 2012 Act as if that Act had not been repealed.

• Marginal note:Request of proponent

  (2) Despite subsection (1), on request made to the Minister by the proponent of a designated project referred to in that subsection, the environmental assessment is continued as an impact assessment under this Act as if the impact assessment had been referred by the Minister to a review panel under subsection 36(1) of this Act.

• Marginal note:Rules concerning review panels

  (3) The following rules apply in respect of an impact assessment referred to in subsection (2):

  • (a) if, before the day on which this Act comes into force, a review panel was established under subsection 42(1) of the 2012 Act, that review panel is deemed to have been established — and its members are deemed to have been appointed — under section 41 of this Act;

  • (b) if, before that day, an agreement or arrangement was entered into under section 40 of the 2012 Act, that agreement or arrangement is deemed to have been entered into under section 39 of this Act; and

  • (c) if, before that day, a review panel was established by an agreement or arrangement entered into under section 40 of the 2012 Act or by document referred to in subsection 41(2) of the 2012 Act, it is deemed to have been established by — and its members are deemed to have been appointed under — an agreement or arrangement entered into under section 39 of this Act or by document referred to in subsection 40(2) of this Act.

Marginal note:Decision statements issued under 2012 Act

184 A decision statement issued by the Minister under subsection 54(1) of the 2012 Act is deemed to be a decision statement issued under subsection 65(1) of this Act, other than for the purposes of section 70 of this Act.

Marginal note:Substitution

185 The environmental assessment of a designated project commenced under the 2012 Act before the day on which this Act comes into force for which the Minister has, before that date, approved the substitution of a process under section 32 of the 2012 Act is continued as if the 2012 Act had not been repealed.

Marginal note:Non-application of this Act

• 185.1 (1) This Act does not apply to a designated project, as defined in subsection 2(1) of the 2012 Act, that is a designated project, as defined in section 2 of this Act, if the former Agency determined that no environmental assessment was required under the 2012 Act or that section 128 of that Act applied to the project.

• Marginal note:Non-application of this Act

  (2) This Act does not apply to a designated project, as defined in section 2 of this Act, that is not a designated project, as defined in subsection 2(1) of the 2012 Act, if one of the following conditions applies:

  • (a) the proponent began the carrying out of the project before the day on which this Act comes into force;

  • (b) a federal authority, as defined in subsection 2(1) of the 2012 Act, 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 project to be carried out, in whole or in part;

  • (c) an environmental assessment of the project was commenced or completed before the day on which this Act comes into force by a jurisdiction other than a federal authority, as those terms are defined in subsection 2(1) of the 2012 Act.

Marginal note:Unpaid costs

186 If the proponent of a designated project has not paid any costs or amounts referred to in section 59 of the 2012 Act that were due more than 90 days before the day on which this Act comes into force, the Agency is authorized, despite any other provision of the 2012 Act or this Act, to not commence any preparations for a possible impact assessment of any designated project the proponent proposes to carry out on or after the day on which this Act comes into force until the proponent pays the costs or amounts.

Marginal note:Privileged evidence, documents or things

187 The evidence, documents or things that, before the day on which this Act comes into force, are privileged under subsection 45(4) or (5) of the 2012 Act are considered to be privileged under subsection 53(4) or (5), respectively, of this Act.

Marginal note:Regional studies commenced under 2012 Act

• 187.1 (1) A study referred to in subsection 73(1) or 74(1) of the 2012 Act that was commenced under that Act but was not completed before the day on which this Act comes into force is continued as an assessment referred to in section 92 or 93, respectively, of this Act.

• Marginal note:Report provided under 2012 Act

  (2) A report referred to in section 75 of the 2012 Act is deemed to be a report referred to in subsection 102(1) of this Act that is provided to the Minister on completion of an assessment referred to in section 92 or 93 of this Act.

Marginal note:Regulations

188 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.