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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 (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 4Consequential and Coordinating Amendments and Coming into Force (continued)

Consequential Amendments (continued)

R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act (continued)

Marginal note:2015, c. 4, s. 36(1)

 Paragraphs 107(1)(c.1) and (c.2) of the Act are replaced by the following:

  • (c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister, of a service or a product under this Act;

  • (c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of activities under or related to this Act that are carried out by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister;

  •  (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in subsections 101(6.1) to (6.3).

  • (2) The Act is amended by replacing “National Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and “Commission”, respectively, in subsections 28(1), (2), (4) and (8), 33(1), 35(1), (2) and (5) and 36(1).

1988, c.28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

 Paragraph 33(1)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

  • (a) before the expiration of 30 days after receipt by both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or

  •  (1) The portion of subsection 35(4) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Commission of the Canadian Energy Regulator

      (4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed,

  • (2) Subsection 35(5) of the Act is replaced by the following:

    • Marginal note:Procedures for determination

      (5) A determination of the Commission of the Canadian Energy Regulator made under subsection (4),

      • (a) despite the Canadian Energy Regulator Act, must be made within the time and in the manner that may be prescribed;

      • (b) is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body; and

      • (c) must be published without delay by the Regulator.

 The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in subsection 35(6).

 Subsection 40(2) of the Act is replaced by the following:

  • Marginal note:Certificate

    (2) No certificate shall be issued under Part 3 of the Canadian Energy Regulator Act in respect of a Nova Scotia trunkline, unless the Commission of the Canadian Energy Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least 50%, or any lesser percentage that the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.

1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act

 The schedule to the Canadian Transportation Accident Investigation and Safety Board Act is amended by striking out the following:

  • National Energy Board

    Office national de l’énergie

 The schedule to the Act is amended by adding the following, in alphabetical order:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

1990, c. 41Hibernia Development Project Act

Marginal note:2014, c. 13, subpar. 115(e)(i)

 Paragraph 3(2)(e) of the Hibernia Development Project Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.

1991, c. 30Public Sector Compensation Act

 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

  • National Energy Board

    Office national de l’énergie

 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Portions of the Public Service”:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

1992, c. 34Transportation of Dangerous Goods Act, 1992

Marginal note:2009, c. 9, s. 3

 Paragraph 3(4)(b) of the Transportation of Dangerous Goods Act, 1992 is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.

1994, c. 43Yukon Surface Rights Board Act

 Section 55 of the Yukon Surface Rights Board Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.

1998, c. 25Mackenzie Valley Resource Management Act

Marginal note:2014, c. 2, s. 115(1)

 Paragraph 5.2(1)(j) of the Mackenzie Valley Resource Management Act is replaced by the following:

  • (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and

Marginal note:2014, c. 2, s. 217

 Section 137.3 of the Act is replaced by the following:

Marginal note:Consultation

137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Impact Assessment Act and shall consult the Impact Assessment Agency of Canada.

Marginal note:2014, c. 2, s. 219(1)

  •  (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Report by review panel — national interest referral

    • 138 (1) Within 15 months after the day on which a review panel that is the subject of an agreement entered into under subsection (3) or 138.1(1) is established under subsection 40(2) of the Impact Assessment Act in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act, the review panel shall, in addition to satisfying the requirements of paragraph 51(1)(e) of that Act, submit the report of its recommendations to

  • Marginal note:2014, c. 2, s. 219(4)

    (2) Subsection 138(3) of the Act is replaced by the following:

    • Marginal note:Referral — paragraph 130(1)(c)

      (3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.

 

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