An Act to amend the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (S.C. 2024, c. 20)
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Assented to 2024-10-03
PART 3Consequential Amendments, Coordinating Amendments and Coming into Force (continued)
Coordinating Amendments (continued)
Marginal note:2019, c. 28
220 (1) In this section, other Act means 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, chapter 28 of the Statutes of Canada, 2019.
(2) If subsection 2(3) of the other Act comes into force before sections 108 and 109 of this Act, then, on the day on which those sections 108 and 109 come into force,
(a) the definition Canada-Nova Scotia Offshore Petroleum Board in section 2 of the Impact Assessment Act is replaced by the following:
- Canada–Nova Scotia Offshore Energy Regulator
Canada–Nova Scotia Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act. (Régie Canada — Nouvelle-Écosse de l’énergie extracôtière)
(b) paragraph 39(2)(a.1) of the Impact Assessment Act is replaced by the following:
(a.1) the Canada–Nova Scotia Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(c) paragraph 43(a.1) of the Impact Assessment Act is replaced by the following:
(a.1) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(d) subsection 46.1(1) of the Impact Assessment Act is replaced by the following:
Marginal note:Terms of reference — Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act
46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
(e) subsection 46.1(3) of the Impact Assessment Act is replaced by the following:
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(b.1), on the recommendation of the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator.
(f) subparagraphs 50(1)(b.1)(i) and (ii) of the Impact Assessment Act are replaced by the following:
(i) who are members of the Canada–Nova Scotia Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources;
(3) If section 108 of this Act comes into force before subsection 2(3) of the other Act,
(a) subsection 2(3) of the other Act is replaced by the following:
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- Canada–Nova Scotia Offshore Energy Regulator
Canada–Nova Scotia Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act. (Régie Canada — Nouvelle-Écosse de l’énergie extracôtière)
(b) subsection 3(1) of the other Act is replaced by the following:
3 (1) Subsection 39(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the Canada–Nova Scotia Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(c) subsection 5(1) of the other Act is replaced by the following:
5 (1) Section 43 of the Act is amended by adding the following after paragraph (a):
(a.1) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(d) section 6 of the other Act is replaced by the following:
6 The Act is amended by adding the following after section 46:
Marginal note:Terms of reference — Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act
46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
Marginal note:Appointment of members
(2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(b.1), on the recommendation of the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator.
Marginal note:Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
(e) subsection 8(3) of the other Act is replaced by the following:
(3) Subsection 50(1) of the Act is amended by adding the following after paragraph (b):
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
(i) who are members of the Canada–Nova Scotia Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources;
(4) If subsection 2(3) of the other Act comes into force on the same day as section 108 of this Act, then that subsection 2(3) is deemed to have come into force before that section 108 and subsection (2) applies as a consequence.
(5) On the first day on which both subsection 2(3) of the other Act and section 170.1 of this Act are in force, subsections 142.013(5) and (6) of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act are replaced by the following:
Marginal note:Comments for Agency — time limits
(5) If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsection 37.1(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency.
Marginal note:Comments — time extension
(6) The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered in accordance with subsections 37(3) or (4) and 37.1(4) of the Impact Assessment Act.
(6) If subsection 2(4) of the other Act comes into force before section 2 of this Act, then, on the day on which that section 2 comes into force,
(a) the definition Canada–Newfoundland and Labrador Offshore Petroleum Board in section 2 of the Impact Assessment Act is replaced by the following:
- Canada–Newfoundland and Labrador Offshore Energy Regulator
Canada–Newfoundland and Labrador Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act. (Régie Canada — Terre-Neuve-et-Labrador de l’énergie extracôtière)
(b) paragraph 39(2)(c) of the Impact Assessment Act is replaced by the following:
(c) the Canada–Newfoundland and Labrador Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(c) paragraph 43(c) of the Impact Assessment Act is replaced by the following:
(c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(d) subsection 48.1(1) of the Impact Assessment Act is replaced by the following:
Marginal note:Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act
48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
(e) subsection 48.1(3) of the Impact Assessment Act is replaced by the following:
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator.
(f) subparagraphs 50(1)(d)(i) and (ii) of the Impact Assessment Act are replaced by the following:
(i) who are members of the Canada–Newfoundland and Labrador Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources.
(7) If section 2 of this Act come into force before subsection 2(4) of the other Act,
(a) subsection 2(4) of the other Act is replaced by the following:
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- Canada–Newfoundland and Labrador Offshore Energy Regulator
Canada–Newfoundland and Labrador Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act. (Régie Canada — Terre-Neuve-et-Labrador de l’énergie extracôtière)
(b) subsection 3(2) of the other Act is replaced by the following:
(2) Subsection 39(2) of the Act is amended by adding the following after paragraph (b):
(c) the Canada–Newfoundland and Labrador Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(c) subsection 5(2) of the other Act is replaced by the following:
(2) Section 43 of the Act is amended by adding the following after paragraph (b):
(c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(d) section 7 of the other Act is replaced by the following:
7 The Act is amended by adding the following after section 48:
Marginal note:Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act
48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
Marginal note:Appointment of members
(2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator.
Marginal note:Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
(e) subsection 8(4) of the other Act is replaced by the following:
(4) Subsection 50(1) of the Act is amended by adding the following after paragraph (c):
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
(i) who are members of the Canada–Newfoundland and Labrador Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources.
(8) If subsection 2(4) of the other Act comes into force on the same day as section 2 of this Act, then that subsection 2(4) is deemed to have come into force before that section 2 and subsection (6) applies as a consequence.
(9) On the first day on which both subsection 2(4) of the other Act and section 62.1 of this Act are in force, subsections 138.012(5) and (6) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act are replaced by the following:
Marginal note:Comments for Agency — time limits
(5) If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsection 37.1(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency.
Marginal note:Comments — time extension
(6) The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered in accordance with subsections 37(3) or (4) and 37.1(4) of the Impact Assessment Act.
(10) On the first day on which both section 6 of the other Act and section 170.1 of this Act are in force,
(a) section 44 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after subsection (2):
Marginal note:Commissioner appointed from roster
(2.1) A commissioner appointed under paragraph (2)(b) may be a person selected under subparagraph 50(1)(b.1)(ii) of the Impact Assessment Act.
(b) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 142.013:
Marginal note:Terms of reference — Consultation
142.0131 If the Minister of the Environment consults the Chairperson of the Regulator respecting the establishment of a review panel’s terms of reference under subsection 46.1(1) of the Impact Assessment Act, the Chairperson shall consult the Federal Minister and the Provincial Minister.
(c) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 142.014:
Marginal note:Consultation — selection of members to roster
142.0141 If the Minister of the Environment consults the Federal Minister respecting the selection of any member of the Regulator to a roster under subparagraph 50(1)(b.1)(i) of the Impact Assessment Act, the Federal Minister shall consult with the Provincial Minister and the Chairperson of the Regulator.
Marginal note:Consultation — selection of persons to roster
142.0142 If the Minister of the Environment consults the Federal Minister and the Regulator respecting the selection of any person to a roster under subparagraph 50(1)(b.1)(ii) of the Impact Assessment Act, the Regulator shall consult with the Federal Minister and the Provincial Minister.
Marginal note:Consultation with Provincial Minister — referral to Governor in Council
142.0143 If the Minister of the Environment consults the Federal Minister under subsection 61(1) of the Impact Assessment Act with respect to the referral to the Governor in Council of an impact assessment report for a designated project, the Federal Minister shall consult the Provincial Minister.
(11) On the first day on which both section 7 of the other Act and section 62.1 of this Act are in force,
(a) section 44 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after subsection (2):
Marginal note:Commissioner appointed from roster
(2.1) A commissioner appointed under paragraph (2)(b) may be a person selected under subparagraph 50(1)(d)(ii) of the Impact Assessment Act.
(b) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 138.012:
Marginal note:Terms of reference — Consultation
138.0121 If the Minister of the Environment consults the Chairperson of the Regulator respecting the establishment of a review panel’s terms of reference under subsection 48.1(1) of the Impact Assessment Act, the Chairperson shall consult the Federal Minister and the Provincial Minister.
(c) The Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 138.013:
Marginal note:Consultation — selection of members to roster
138.0131 If the Minister of the Environment consults the Federal Minister respecting the selection of any member of the Regulator to a roster under subparagraph 50(1)(d)(i) of the Impact Assessment Act, the Federal Minister shall consult with the Provincial Minister and the Chairperson of the Regulator.
Marginal note:Consultation — selection of persons to roster
138.0132 If the Minister of the Environment consults the Federal Minister and the Regulator respecting the selection of any other person to a roster under subparagraph 50(1)(d)(ii) of the Impact Assessment Act, the Regulator shall consult with the Federal Minister and the Provincial Minister.
Marginal note:Consultation with Provincial Minister — referral to Governor in Council
138.0133 If the Minister of the Environment consults the Federal Minister under subsection 61(1) of the Impact Assessment Act with respect to the referral to the Governor in Council of an impact assessment report for a designated project, the Federal Minister shall consult the Provincial Minister.
- Date modified: