Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)
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Assented to 2024-06-20
PART 4Various Measures (continued)
DIVISION 22R.S., c. L-2 Canada Labour Code (Policy on Disconnecting and Other Measures) (continued)
Coming into Force
Marginal note:Order in council
258 Sections 245 to 248 and 255 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 231996, c. 23Employment Insurance Act
259 Subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following:
(i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 24, 2026,
DIVISION 242023, c. 15An Act for the Substantive Equality of Canada’s Official Languages
260 Section 61 of An Act for the Substantive Equality of Canada’s Official Languages is amended by replacing the subsection 19(1) that it enacts with the following:
Marginal note:Part IX of Official Languages Act
19 (1) Subject to this section, sections 18 and 21 and subsections 26(2), 41(2) and (4) and 41.1(2) and (4), Part IX of the Official Languages Act applies with respect to a complaint made under subsection 18(1), (1.1) or (1.2) as if the federally regulated private business that is the subject of the complaint were a federal institution.
DIVISION 25Indigenous Loan Guarantee Program
Marginal note:Loan guarantees
261 (1) A corporation that is to be incorporated as a wholly owned subsidiary of the Canada Development Investment Corporation for the purpose of providing loan guarantees as part of an Indigenous loan guarantee program is authorized to provide such guarantees. The aggregate of the principal and interest in respect of all the guarantees must not exceed $5,000,000,000, or any greater amount that may be authorized by the Governor in Council on the recommendation of the Minister of Finance.
Marginal note:Consolidated Revenue Fund
(2) The Minister of Finance must pay out of the Consolidated Revenue Fund any amounts to the subsidiary that are necessary for the payment of the principal and interest in respect of the guarantees referred to in subsection (1) and all other amounts required by the subsidiary to discharge its obligations under those guarantees or to exercise any rights or protect the interests of His Majesty in right of Canada.
Marginal note:Agent of His Majesty
262 The subsidiary referred to in section 261 is for all its purposes an agent of His Majesty in right of Canada.
Marginal note:Non-application of provisions
263 (1) Section 91 and subsection 100(1) of the Financial Administration Act do not apply to or in respect of the subsidiary referred to in section 261 or any of its wholly owned subsidiaries.
Marginal note:Application of provisions
(2) Subsections 89(1), (4) and (6) and section 89.1 of the Financial Administration Act apply to or in respect of the subsidiary as if it were a parent Crown corporation.
DIVISION 26Red Dress Alert
Marginal note:Payments out of C.R.F.
264 On the requisition of the Minister of Crown-Indigenous Relations, there may be paid out of the Consolidated Revenue Fund, for the period beginning on September 1, 2024 and ending on March 31, 2027, a sum not exceeding in the aggregate $1.3 million for the purpose of carrying out engagement on a pilot project for the creation of a Red Dress Alert, a public alert system for missing Indigenous women and girls, two-spirit Indigenous persons and gender-diverse Indigenous persons, and making direct payments to the participating entities or individuals.
DIVISION 27Subsidiary of VIA Rail Canada Inc.
Marginal note:Definition of subsidiary
265 In this Division, subsidiary means the subsidiary of VIA Rail Canada Inc. incorporated under the Canada Business Corporations Act on November 29, 2022 with the corporate name VIA HFR - VIA TGF Inc.
Marginal note:Agent of His Majesty
266 The subsidiary is an agent of His Majesty in right of Canada.
Marginal note:Contracts, agreements or other arrangements
267 The subsidiary may enter into contracts, agreements or other arrangements with His Majesty as though it were not an agent of His Majesty.
Marginal note:Coming into force
268 Sections 265 to 267 are deemed to have come into force on November 29, 2022.
DIVISION 282019, c. 28, s. 1Impact Assessment Act
Amendments to the Act
269 The long title of the Impact Assessment Act is replaced by the following:
270 The preamble to the Act is replaced by the following:
Preamble
Whereas Parliament is committed to having an impact assessment process that prevents or mitigates significant adverse effects within federal jurisdiction;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada is committed to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
Whereas Parliament recognizes the importance of implementing the impact assessment process in a manner that
supports coordinated action among jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects,
fosters reconciliation and working in partnership with the Indigenous peoples of Canada,
integrates scientific information and Indigenous knowledge,
fosters meaningful public participation,
is transparent, efficient and timely and contributes to a positive investment climate in Canada,
encourages the use of innovative approaches and technologies to prevent or mitigate adverse effects within federal jurisdiction, and
contributes to fostering sustainability and to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
Whereas Parliament is committed, in order to prevent or mitigate significant adverse environmental effects, as defined in section 81, to having a process for the assessment of projects, as defined in that section, 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;
And whereas Parliament 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;
271 (1) The definitions direct or incidental effects and effects within federal jurisdiction in section 2 of the Act are repealed.
(2) The definition mitigation measures in section 2 of the Act is replaced by the following:
- mitigation measures
mitigation measures means measures to eliminate, reduce, control or offset adverse effects within federal jurisdiction, direct or incidental adverse effects or adverse environmental effects, as defined in section 81, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- adverse effects within federal jurisdiction
adverse effects within federal jurisdiction means, with respect to a physical activity or a designated project,
(a) a non-negligible adverse change to the following components of the environment that are within the legislative authority of Parliament:
(i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
(ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
(iv) any other component of the environment that is set out in Schedule 3;
(b) a non-negligible adverse change to the environment that would occur on federal lands;
(c) a non-negligible adverse change to the marine environment that is caused by pollution and that would occur outside Canada;
(d) a non-negligible adverse change — that is caused by pollution — to boundary waters or international waters, as those terms are defined in subsection 2(1) of the Canada Water Act, or to interprovincial waters;
(e) with respect to the Indigenous peoples of Canada, a non-negligible adverse impact — occurring in Canada and resulting from any change to the environment — on
(i) physical and cultural heritage,
(ii) the current use of lands and resources for traditional purposes, or
(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
(f) a non-negligible adverse change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and
(g) a non-negligible adverse change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3.
In the case of a physical activity or a designated project that is carried out on federal lands or is a federal work or undertaking, as defined in subsection 3(1) of the Canadian Environmental Protection Act, 1999, this definition also includes the non-negligible adverse effects of that activity or project. (effets négatifs relevant d’un domaine de compétence fédérale)
- direct or incidental adverse effects
direct or incidental adverse effects means non-negligible adverse 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 négatifs)
272 Section 6 of the Act is replaced by the following:
Marginal note:Purpose
6 (1) The purpose of this Act is to prevent or mitigate significant adverse effects within federal jurisdiction — and significant direct or incidental adverse effects — that may be caused by the carrying out of designated projects, as well as significant adverse environmental effects, as defined in section 81, that may be caused by the carrying out of projects, as defined in that section, by establishing processes to anticipate, identify and assess the potential effects of those projects in order to inform decision making under this or any other Act of Parliament in respect of those effects.
Marginal note:Mandate
(2) The Government of Canada, the Minister, the Agency and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters sustainability, respects the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, takes into account Indigenous knowledge, considers the cumulative effects of physical activities, applies the precautionary principle and promotes cooperation among jurisdictions and with the Indigenous peoples of Canada.
Marginal note:Application of principles to powers
(3) The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that
(a) ensures that processes referred to in subsection (1) are fair, predictable and efficient; and
(b) adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.
273 (1) Subsection 7(1) of the Act is replaced by the following:
Marginal note:Proponent
7 (1) Subject to subsection (3), the proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause any adverse effects within federal jurisdiction.
(2) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions
(3) The proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause adverse effects within federal jurisdiction if
(3) Subsection 7(4) of the Act is repealed.
274 Section 8 of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(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
(i) the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report with respect to the impact assessment of that project are not likely to be, to some extent, significant, or
(ii) the Minister has determined under paragraph 60(1)(b), or the Governor in Council has determined under paragraph 62(b), that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are the subject of the determination are justified in the public interest; or
(c) the exercise of the power, the performance of the duty or function or the provision of financial assistance is for the purpose of authorizing the proponent to do an act or thing referred to in paragraph 7(3)(c).
275 Subsections 9(1) and (2) of the Act are replaced by the following:
Marginal note:Minister’s power to designate
9 (1) The Minister may, on request or on the Minister’s own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in the Minister’s opinion, the carrying out of that physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.
Marginal note:Factors
(2) If the Minister is of the opinion that the carrying out of the physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects, the Minister may, in deciding whether to make an order, consider
(a) public concerns related to the adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity;
(b) the adverse impacts that the physical activity may have on the rights of the Indigenous peoples of Canada — including Indigenous women — recognized and affirmed by section 35 of the Constitution Act, 1982;
(c) any relevant assessment referred to in section 92, 93 or 95;
(d) whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity; and
(e) any other factor that the Minister considers relevant.
276 Subsections 15(1) and (2) of the Act are replaced by the following:
Marginal note:Proponent’s obligation — notice
15 (1) The proponent must provide the Agency with a notice that sets out how it intends to address the issues referred to in section 14, including any issues that relate to the 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.
Marginal note:Detailed project description
(1.1) The Agency may require the proponent to include in the notice a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(1)(a) if it is of the opinion that a decision cannot be made under subsection 16(1) without that description and information.
Marginal note:Additional information
(2) The Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies if it is of the opinion that a decision cannot be made under subsection 16(1) because
(a) the initial description or the prescribed information provided under subsection 10(1) is incomplete or does not contain sufficient details; or
(b) if a detailed description and prescribed information are required, under subsection (1.1), to be included in the notice referred to in subsection (1), the detailed description or prescribed information included in that notice is incomplete or does not contain sufficient details.
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