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

Full Document:  

Act current to 2022-06-20 and last amended on 2019-08-28. Previous Versions

Impact Assessments (continued)

Termination of Impact Assessment

Marginal note:Termination by Agency or Minister

 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.

Confidential Information

Marginal note:No disclosure

 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.

Participant Funding Programs

Marginal note:Agency’s obligation

  •  (1) The Agency must establish a participant funding program to facilitate the participation of the public in

    • (a) the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are part of a class of activities designated by those regulations;

    • (b) the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are not part of a class of activities designated by those regulations; and

    • (c) regional assessments and strategic assessments.

  • Marginal note:Exception

    (2) The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under section 31.

Cost Recovery

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and

    • (b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency.

  • Marginal note:Proponent’s obligation to pay costs

    (2) If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency

    • (a) any costs that the Agency or review panel incurs for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and

    • (b) any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function.

  • Marginal note:Service Fees Act

    (3) The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)(b).

Marginal note:Powers exercised, duties and functions performed during a given period

 For the purposes of section 76, the powers, duties and functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10(1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed.

Marginal note:Expenditure of fees, charges, etc.

 The Agency may spend for any prescribed purpose the fees, charges, levies, costs and amounts referred to in section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year.

Marginal note:Debt due to Her Majesty

 The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Marginal note:Unpaid fees, charges, etc.

 If a proponent does not pay a fee, charge, levy, cost or amount referred to in section 76 that they owe within 90 days after the day on which it is due,

  • (a) the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or

  • (b) the Minister may, if an impact assessment of any designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.

Duties of Certain Authorities in Relation to Projects

Marginal note:Definitions

 The following definitions apply in this section and sections 82 to 91.

authority

authority means

  • (a) a federal authority; and

  • (b) any other body that is set out in Schedule 4. (autorité)

environmental effects

environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. (effets environnementaux)

project

project means

  • (a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and

  • (b) a physical activity that is designated under section 87 or that is part of a class of physical activities that is designated under that section. (projet)

Marginal note:Project carried out on federal lands

 An authority must not carry out a project on federal lands, exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless

  • (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.

Marginal note:Project outside Canada

 A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless

  • (a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.

Marginal note:Factors

  •  (1) An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors:

    • (a) any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

    • (b) Indigenous knowledge provided with respect to the project;

    • (c) community knowledge provided with respect to the project;

    • (d) comments received from the public under subsection 86(1); and

    • (e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.

  • Marginal note:Factors — project outside Canada

    (2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b).

Marginal note:Federal authority’s obligation

 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.

Marginal note:Notice posted on Internet site

  •  (1) Before making a determination under section 82 or 83, an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination.

  • Marginal note:Notice of determination posted on Internet site

    (2) No sooner than 30 days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.

Marginal note:Power to designate physical activities

 The Minister may, by order, designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmental effects.

Marginal note:Designation of class of projects

  •  (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects.

  • Marginal note:Projects excluded

    (2) Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1).

Marginal note:Notice inviting public comments

  •  (1) If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted.

  • Marginal note:Minister must consider public comments

    (2) The Minister must consider any comments received from the public in deciding whether to make the designation.

  • Marginal note:Posting notice on Internet site

    (3) If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that includes a description of the physical activity, the class of physical activities or the class of projects, as the case may be, and the Minister’s reasons for making the designation.

Marginal note:Referral to Governor in Council

  •  (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

  • Marginal note:Referral through Minister

    (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.

  • Marginal note:Governor in Council’s decision

    (3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.

Marginal note:Non-application — national emergency or emergency

 Sections 82 and 83 do not apply to an authority in respect of a project

  • (a) in relation to which there are matters of national security;

  • (b) that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (c) that is to be carried out in response to an emergency, and the carrying out of the project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

Regional Assessments and Strategic Assessments

Regional Assessments

Marginal note:Regional assessments — region entirely on federal lands

 The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.

Marginal note:Regional assessments — other regions

  •  (1) If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands,

    • (a) the Minister may

      • (i) enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or

      • (ii) authorize the Agency to conduct the assessment; and

    • (b) 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 that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.

  • Marginal note:Committee — foreign state or international organization of states

    (2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.

  • Marginal note:Committee — federal authority, etc.

    (3) In respect of an agreement or arrangement entered into under subparagraph (1)(a)(i), the Minister must

    • (a) establish or approve the committee’s terms of reference, including a specified time limit within which the assessment must be completed; and

    • (b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into.

Marginal note:Agency’s obligation to offer to consult

 If the Agency conducts an assessment referred to in subsection 92 or 93, it must offer to consult and cooperate 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 the physical activities in respect of which the assessment is conducted.

 
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