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 282019, c. 28, s. 1Impact Assessment Act (continued)
Amendments to the Act (continued)
277 (1) Paragraph 16(2)(b) of the Act is replaced by the following:
(b) the adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the designated project;
(2) Subsection 16(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:
(f.1) 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 designated project; and
(3) Section 16 of the Act is amended by adding the following after subsection (2):
Marginal note:Limitation
(2.1) The Agency may decide that an impact assessment is required only if it is satisfied that the carrying out of the designated project may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.
278 Paragraph 23(c) of the Act is replaced by the following:
(c) a jurisdiction that, in relation to a designated project in respect of which the Minister has approved a substitution under section 31, conducts an assessment of the effects of the designated project or undertakes activities under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of those effects.
279 (1) Subsection 28(3) of the Act is replaced by the following:
Marginal note:Effects set out in report
(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 direct or incidental adverse effects, and specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant.
(2) Paragraph 28(5)(a) of the Act is replaced by the following:
(a) a longer time limit than the time limit referred to in subsection (2) to take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of that project; or
(3) Subsections 28(6) and (7) of the Act are replaced by the following:
Marginal note:Extension of time limit by Minister
(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 take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21.
Marginal note:Extension of time limit by Governor in Council
(7) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) by any period that is necessary to take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21.
280 Subsection 31(1) of the Act is replaced by the following:
Marginal note:Minister’s power
31 (1) Subject to sections 32 and 33, the Minister may, on request of 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 and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, do one of the following:
(a) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would be an appropriate substitute, approve the substitution of that process for the impact assessment;
(b) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would, together with the activities undertaken under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of the effects of the designated project, be an appropriate substitute, approve the substitution of that process and those activities for the impact assessment.
281 (1) Paragraph 33(1)(a) of the Act is replaced by the following:
(a) the factors set out in subsection 22(1) will be considered under the process to be substituted or under an agreement or arrangement referred to in paragraph 114(1)(f);
(2) Paragraph 33(1)(d) of the Act is replaced by the following:
(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 or the consultations will be undertaken under an agreement or arrangement referred to in paragraph 114(1)(f);
(3) Subsection 33(1) of the Act is amended by adding the following after paragraph (g):
(g.1) in the case of a substitution approved under paragraph 31(1)(b), the report will be based on the process and the activities referred to in that paragraph;
(4) Subsections 33(2) and (2.1) of the Act are replaced by the following:
Marginal note:Effects set out in report
(2) The Minister must be satisfied that the report that will be submitted to the Minister will set out the effects that are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will
(a) indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are direct or incidental adverse effects; and
(b) specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant.
Marginal note:Report — Indigenous knowledge
(2.1) The Minister must be satisfied that the report that will be submitted to the Minister will set out how any Indigenous knowledge provided with respect to the designated project was taken into account and used in determining the effects that are likely to be caused by the carrying out of that project.
282 Sections 34 and 35 of the Act are replaced by the following:
Marginal note:Assessment considered in conformity
34 The assessment of the effects of a designated project in respect of which the Minister has approved a substitution 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.
Marginal note:Information
35 If, with respect to the assessment of the effects of a designated project in respect of which the Minister has approved a substitution, the Agency is of the opinion that information is required for the purpose of ensuring that the factors set out in subsection 22(1) will be considered or for the purposes of subsection 60(1) or (1.1), it may require the proponent of that project to provide the information to the Minister or may make a request to the jurisdiction that is following or followed the process — or to any jurisdiction that is undertaking or undertook activities under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of effects of that project — to provide that information to the Minister.
283 (1) Subsections 37(2) to (4) of the Act are replaced by the following:
Marginal note:Limit of 600 days
(2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of that project.
Marginal note:Extension of time limit by Minister
(3) The Minister may extend the time limit established under paragraph (1)(a) by any period — up to a maximum of 90 days — that is necessary to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21.
Marginal note:Extension of time limit by Governor in Council
(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) by any period that is necessary to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21.
(2) Paragraph 37(5)(c) of the Act is replaced by the following:
(c) a notice of any extension granted under subsection (4), including the Governor in Council’s reasons for granting that extension.
284 Subsection 40(6) of the Act is replaced by the following:
Marginal note:Report taken into account
(6) Before making any determination 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.
285 The Act is amended by adding the following after section 43:
Marginal note:Agreement — referral under paragraph 43(a)
43.1 (1) The Minister may, when referring an impact assessment of a designated project to a review panel under paragraph 43(a), enter into an agreement or arrangement with respect to the impact assessment with the President of the Canadian Nuclear Safety Commission and any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2.
Marginal note:Agreement — referral under paragraph 43(b)
(2) The Minister may, when referring an impact assessment of a designated project to a review panel under paragraph 43(b), enter into an agreement or arrangement with respect to the impact assessment with the Lead Commissioner of the Canadian Energy Regulator and any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2.
286 Subparagraph 51(1)(d)(ii) of the Act is replaced by the following:
(ii) indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are direct or incidental adverse effects and specifies, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant,
287 Section 56 of the Act is replaced by the following:
Marginal note:Studies and collection of information
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 any determination under section 62.
288 Subsection 59(2) of the Act is replaced by the following:
Marginal note:Effects set out in report
(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 direct or incidental adverse effects and specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant.
289 (1) Subsection 60(1) of the Act is replaced by the following:
Marginal note:Minister’s decision
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 of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister must
(a) determine, after taking into account the implementation of any mitigation measures that the Minister considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and
(b) if the Minister determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Minister determined them to be significant and the factors referred to in section 63, justified in the public interest.
Marginal note:Referral to Governor in Council
(1.1) After taking into account the report referred to in subsection (1) or at the end of the assessment of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister may, instead of making the determinations under that subsection, refer to the Governor in Council the matter of making those determinations.
(2) Subsection 60(2) of the French version of the Act is replaced by the following:
Marginal note:Avis affiché sur le site Internet
(2) Si le ministre renvoie les questions au gouverneur en conseil, il veille à ce qu’un avis à cet effet soit affiché sur le site Internet, motifs à l’appui.
290 Subsection 61(1) of the Act is replaced by the following:
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
(a) the matter of determining, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and
(b) the matter of determining whether the effects, if any, that are likely to be, to some extent, significant are, in light of the extent to which they are significant and the factors referred to in section 63, justified in the public interest.
291 Sections 62 and 63 of the Act are replaced by the following:
Marginal note:Governor in Council’s determination
62 If a matter is referred to the Governor in Council under subsection 60(1.1) or 61(1), the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project,
(a) determine, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and
(b) if the Governor in Council determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Governor in Council determined them to be significant and the factors referred to in section 63, justified in the public interest.
Marginal note:Factors — justification in public interest
63 The Minister’s determination under paragraph 60(1)(b), and the Governor in Council’s determination under paragraph 62(b), must be based on the report with respect to the impact assessment of the designated project and a consideration of the following factors:
(a) the impact that the effects that are likely to be caused by the carrying out of that project may have on any Indigenous group and any adverse impact that those effects may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
(b) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and
(c) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to sustainability.
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