Impact Assessment Act

Marginal note:Minister’s power

• 31 (1) Subject to sections 32 and 33, the Minister may, on request of a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the effects of a designated project and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, do one of the following:

  • (a) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would be an appropriate substitute, approve the substitution of that process for the impact assessment;

  • (b) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would, together with the activities undertaken under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of the effects of the designated project, be an appropriate substitute, approve the substitution of that process and those activities for the impact assessment.

• Marginal note:Notice inviting public comments

  (2) When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted.

• Marginal note:Minister must consider public comments

  (3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.

• Marginal note:Posting of Minister’s decision on Internet site

  (4) The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site.