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

Marginal note:Minister’s powers

• 114 (1) For the purposes of this Act, the Minister may

  • (a) issue guidelines and codes of practice respecting the application of this Act;

  • (b) establish research and advisory bodies in the area of impact assessment, 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;

  • (c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects;

  • (d) if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to

    • (i) authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or

    • (ii) in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project,

      • (A) provide that the jurisdiction is considered to be a jurisdiction for the application of this Act on those lands, and

      • (B) authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to

    • (i) provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and

    • (ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (f) enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest;

  • (g) establish criteria for the appointment of members of review panels; and

  • (h) establish criteria for the appointment of members of committees established under section 92 or 93.

• Marginal note:International agreements and arrangements

  (2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party.

• Marginal note:Opportunity for public to comment

  (3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.

• Marginal note:Availability to public

  (4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.

• Marginal note:Agreements or arrangements posted on Internet site

  (5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site.