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Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Full Document:  

Act current to 2022-09-22 and last amended on 2019-08-28. Previous Versions

Administration and Enforcement (continued)

Prohibitions and Offences (continued)

Marginal note:Determination of small revenue corporation or entity status

 For the purpose of subsection 144(3), a court may determine a corporation or entity to be a small revenue corporation or entity if the court is satisfied that the gross revenues of the corporation or entity for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

Marginal note:Continuing offences

  •  (1) If an offence of contravening section 7, subsection 129(1) or 135(2) or section 142, or an offence under paragraph 144(1)(b), is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

  • Marginal note:Due diligence defence

    (2) A person or entity must not be found guilty of an offence for a contravention of section 7, subsection 129(1) or 135(2) or section 142, or of an offence under paragraph 144(1)(b), if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Liability of senior officers

 If a corporation or entity commits an offence under this Act, any senior officer, as defined in section 2 of the Criminal Code, of the corporation or entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation or entity, whether or not the corporation or entity has been prosecuted.

Marginal note:Duties of senior officers

 Every senior officer, as defined in section 2 of the Criminal Code, of a corporation or entity must take all reasonable care to ensure that the corporation or entity complies with this Act and any order issued by an enforcement officer or review officer.

Marginal note:Limitation period or prescription

 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Admissibility of evidence

  •  (1) In proceedings for an offence under this Act, a statement, certificate, report or other document of the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that is purported to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

  • Marginal note:Copies and extracts

    (2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

  • Marginal note:Presumed date of issue

    (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

  • Marginal note:Notice

    (4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.

Marginal note:Notice to shareholders

 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

Publication

Marginal note:Power

 The Agency must publish, in the manner it considers appropriate,

  • (a) information or a document provided by a proponent to comply with a condition established under section 64 or added or amended under section 68;

  • (b) a summary of a report that an enforcement officer or analyst may prepare in the exercise of their powers or the performance of their duties and functions under sections 122 to 125;

  • (c) a notice of non-compliance referred to in section 126;

  • (d) a written order issued by an enforcement officer in accordance with section 127 or by a review officer under section 134; or

  • (e) a decision rendered under section 135.

Impact Assessment Agency of Canada

Marginal note:Agency continued

  •  (1) The Canadian Environmental Assessment Agency is continued as the Impact Assessment Agency of Canada. The Impact Assessment Agency must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act.

  • 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:Delegation to Agency

  •  (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act.

  • Marginal note:Restriction

    (2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).

Marginal note:Agency’s objects

 The Agency’s objects are

  • (a) to conduct or administer impact assessments and administer any other requirements and procedures established by this Act and the regulations;

  • (b) to coordinate — during the period that begins on the day on which a copy of the description of the project referred to in subsection 10(1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project;

  • (c) to promote harmonization in relation to the assessment of effects across Canada at all levels of government;

  • (d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;

  • (e) to promote impact assessment in a manner that is consistent with the purposes of this Act;

  • (f) to promote, monitor and facilitate compliance with this Act;

  • (g) to promote and monitor the quality of impact assessments conducted under this Act;

  • (h) to develop policy related to this Act; and

  • (i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.

Marginal note:Agency’s duties

  •  (1) In carrying out its objects, the Agency must

    • (a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93(1)(a) or (b);

    • (b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 114(1)(b); and

    • (c) provide information or training to facilitate the application of this Act.

  • Marginal note:Agency’s powers

    (2) In carrying out its objects, the Agency may

    • (a) undertake studies or activities or conduct research relating to impact assessment;

    • (b) advise persons and organizations on matters relating to the assessment of effects;

    • (c) issue guidelines and codes of practice;

    • (d) negotiate agreements or arrangements referred to in paragraphs 114(1)(c) to (f) on the Minister’s behalf; and

    • (e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.

Marginal note:Expert committee

  •  (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues.

  • Marginal note:Appointment

    (2) The Agency may appoint any person with relevant knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person.

  • Marginal note:Publication

    (3) The Agency must post on the Internet site all advice it receives from the expert committee.

Marginal note:Advisory committee — interests and concerns of Indigenous peoples

  •  (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.

  • Marginal note:Appointment

    (2) The Agency may appoint any person with relevant knowledge or experience as a member of the advisory committee.

  • Marginal note:Membership

    (2.1) The membership of the committee must include at least

    • (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

    • (b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

    • (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.

  • Marginal note:Publication

    (3) The Agency must post on the Internet site all advice it receives from the advisory committee.

Marginal note:Using government facilities

 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

Marginal note:President

  •  (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister.

  • Marginal note:President — chief executive officer

    (2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.

  • Marginal note:Acting President — Executive Vice-president

    (3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim.

  • Marginal note:Acting President — other person

    (4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.

  • Marginal note:Governor in Council’s approval required

    (5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.

Marginal note:Executive Vice-president

  •  (1) The Governor in Council may appoint an officer to be the Executive Vice-president of the Agency and to hold office during pleasure.

  • Marginal note:Powers, duties and functions

    (2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.

Marginal note:Remuneration

 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.

Marginal note:Appointment under Public Service Employment Act

 The employees who are necessary to carry out the Agency’s work are to be appointed in accordance with the Public Service Employment Act.

Marginal note:Head office

 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Contracts, etc., binding on Her Majesty

  •  (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

Annual Report

Marginal note:Annual report to Parliament

  •  (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year.

  • Marginal note:Tabling in Parliament

    (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.

Review of Act

Marginal note:Review of Act after 10 years

 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in this section and sections 169 to 188.

1992 Act

1992 Act means the Canadian Environmental Assessment Act. (Loi de 1992)

2012 Act

2012 Act means the Canadian Environmental Assessment Act, 2012. (Loi de 2012)

environmental assessment

environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. (évaluation environnementale)

former Agency

former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. (ancienne Agence)

 
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