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

Marginal note:Exceptions

32 The Minister must not approve the substitution of a process in relation to a designated project

• (a) the impact assessment of which has been referred by the Minister to a review panel; or

• (b) that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act.

Marginal note:Conditions

• 33 (1) The Minister may only approve a substitution if he or she is satisfied that

  • (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);

  • (b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment;

  • (c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment;

  • (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);

  • (e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report;

  • (f) the public will have access to records in relation to the assessment to enable its meaningful participation;

  • (g) at the end of the assessment, a report will be submitted to the Minister;

  • (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;

  • (h) the report will be made available to the public; and

  • (i) any other conditions that the Minister establishes are or will be met.

• 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.

• Marginal note:Approval

  (3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.

• Marginal note:Availability

  (4) The conditions referred to in paragraph (1)(i) must be made available to the public.

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.

Impact Assessment by a Review Panel

General Rules

Marginal note:Referral to review panel

• 36 (1) Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel.

• Marginal note:Public interest

  (2) The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:

  • (a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse;

  • (b) public concerns related to those effects;

  • (c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and

  • (d) any 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:Suspending time limit

  (3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

• Marginal note:Notice posted on Internet site

  (4) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.

• Marginal note:Posting notice on Internet site

  (5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.

Marginal note:Time limit

• 37 (1) If the Minister refers the impact assessment of a designated project to a review panel, the Agency must establish the following time limits:

  • (a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

  • (b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

• 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.

• Marginal note:Posting notices on Internet site

  (5) The Agency must post the following items on the Internet site:

  • (a) the Agency’s reasons for establishing the time limits under subsection (1);

  • (b) a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension; and

  • (c) a notice of any extension granted under subsection (4), including the Governor in Council’s reasons for granting that extension.

• Marginal note:Suspending time limit

  (6) The Agency may suspend the time limit within which the review panel must submit the report until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

• Marginal note:Notice posted on Internet site

  (7) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.

Marginal note:Time limit

• 37.1 (1) Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, the Agency must establish the following time limits:

  • (a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

  • (b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

• Marginal note:Limit of 300 days

  (2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site.

• Marginal note:Factors to consider

  (3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days.

• Marginal note:Application

  (4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.

Marginal note:Studies and collection of information

38 When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.

Marginal note:Agreement to jointly establish review panel

• 39 (1) When the Minister refers the impact assessment of a designated project to a review panel, he or she may enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

• Marginal note:Limitation

  (2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with

  • (a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or

  • (b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act.

• Marginal note:Other jurisdiction

  (3) When the Minister refers the impact assessment of a designated project to a review panel, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

• Marginal note:Posting on Internet site

  (4) Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.

Marginal note:Mackenzie Valley Resource Management Act

• 40 (1) When a proposal is referred to the Minister under paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act, the Minister must refer the proposal to a review panel.

• Marginal note:Document establishing review panel

  (2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.

• Marginal note:If no agreement

  (3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted.

• Marginal note:Coordination with environmental impact review

  (4) The Minister must, to the extent possible, ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.

• Marginal note:Consultations

  (5) Before making a referral under section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act.

• 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.

• Marginal note:Posting on Internet site

  (7) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.