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Marginal note:Agency continued

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• Marginal note:Minister’s responsibility

  (2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.

Marginal note:Referral to Governor in Council

• 61 (1) 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, in consultation with the responsible Minister, if any, 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 and the extent to which those effects are significant, in the public interest.

• Marginal note:Definition of responsible Minister

  (1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

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• Marginal note:Responsible Minister’s obligation

  (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

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

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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

• (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.