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

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Act current to 2022-11-16 and last amended on 2019-08-28. Previous Versions

Impact Assessments (continued)

Decision-Making (continued)

Marginal note:Referral to Governor in Council

  •  (1) After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council the matter of determining whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.

  • Marginal note:Definition of responsible Minister

    (1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

    • (a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;

    • (a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;

    • (b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act;

    • (c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.

  • Marginal note:Responsible Minister’s obligation

    (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

    • (a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

    • (b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.

Marginal note:Governor in Council’s determination

 If the matter is referred to the Governor in Council under paragraph 60(1)(b) or section 61, the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project that is the subject of the referral, determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.

Marginal note:Factors — public interest

 The Minister’s determination under paragraph 60(1)(a) in respect of a designated project referred to in that subsection, and the Governor in Council’s determination under section 62 in respect of a designated project referred to in that subsection, must be based on the report with respect to the impact assessment and a consideration of the following factors:

  • (a) the extent to which the designated project contributes to sustainability;

  • (b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;

  • (c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;

  • (d) the impact that the designated project may have on any Indigenous group and 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; and

  • (e) the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.

Marginal note:Conditions — effects within federal jurisdiction

  •  (1) If the Minister determines under paragraph 60(1)(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate in relation to the adverse effects within federal jurisdiction with which the proponent of the designated project must comply.

  • Marginal note:Conditions — direct or incidental effects

    (2) If the Minister determines under paragraph 60(1)(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate — that is directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that designated project — in relation to the adverse direct or incidental effects with which the proponent of the designated project must comply.

  • Marginal note:Conditions subject to exercise of power or performance of duty or function

    (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance.

  • Marginal note:Mitigation measures and follow-up program

    (4) The conditions referred to in subsections (1) and (2) must include

    • (a) the implementation of the mitigation measures that the Minister takes into account in making a determination under paragraph 60(1)(a), or that the Governor in Council takes into account in making a determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and

    • (b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.

Decision Statement

Marginal note:Decision statement issued to proponent

  •  (1) The Minister must issue a decision statement to the proponent of a designated project that

    • (a) informs the proponent of the determination made under paragraph 60(1)(a) or section 62 in relation to that project and the reasons for the determination;

    • (b) includes any conditions that are established under section 64 in relation to the designated project and that must be complied with by the proponent;

    • (c) sets out the period established under subsection 70(1); and

    • (d) includes a description of the designated project.

  • Marginal note:Detailed reasons

    (2) The reasons for the determination must demonstrate that the Minister or the Governor in Council, as the case may be, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in section 63.

  • Marginal note:Time limit of decision statement — Minister’s determination

    (3) When the Minister makes a determination under paragraph 60(1)(a), he or she must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site.

  • Marginal note:Time limit of decision statement — Governor in Council’s decision

    (4) When the Governor in Council makes a determination under section 62, the Minister must issue the decision statement no later than 90 days after

    • (a) the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site, if the report is submitted to the Minister under subsection 28(2) or section 59 or at the end of the assessment under the process approved under section 31; or

    • (b) the day on which the Agency posts its recommendations on the Internet site under subsection 55.1(2), if the recommendations are in respect of a designated project that is the subject of a report received by the Minister under section 55.

  • Marginal note:Extension of time limit by Minister

    (5) The Minister may extend the time limit referred to in subsection (3) or (4) by any period — up to a maximum of 90 days — for any reason that the Minister considers necessary.

  • Marginal note:Extension of time limit by Governor in Council

    (6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.

  • Marginal note:Proponent informed of extension

    (7) The Minister must inform the proponent in writing of any extension granted under this section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.

Marginal note:Posting of decision statement on Internet site

 The Agency must post on the Internet site any decision statement that the Minister issues under section 65.

Marginal note:Decision statement considered to be part of licence under Nuclear Safety and Control Act

  •  (1) The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act, designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under section 24 of that Act in relation to the designated project.

  • Marginal note:Decision statement considered part of certificate, etc., under Canadian Energy Regulator Act

    (2) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project.

  • Marginal note:Decision statement considered to be part of authorization, etc., under Canada Oil and Gas Operations Act

    (3) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project.

  • Marginal note:Non-application

    (3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project.

  • Marginal note:Non-application

    (4) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.

Marginal note:Minister’s power — decision statement

  •  (1) The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it.

  • Marginal note:Limitation — condition

    (2) The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.

  • Marginal note:Limitation and application

    (3) The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64(1) or (2). Subsection 64(3) applies with respect to the new or amended condition if it could be established under subsection 64(2).

  • Marginal note:Limitation — Nuclear Safety and Control Act

    (4) The Minister is not permitted to amend or remove a condition designated under subsection 67(1) and is not permitted to designate, under that subsection, any condition added under this section.

Marginal note:Public notice — amendment to decision statement

  •  (1) If the Minister intends to amend a decision statement under section 68, the Minister must ensure that the following are posted on the Internet site:

    • (a) a draft of the amended decision statement; and

    • (b) a notice that invites the public to provide comments on the draft within the period specified.

  • Marginal note:Posting of amended decision statement on Internet site

    (2) If, after taking into account any comments received from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site.

Marginal note:Minister’s obligation

  •  (1) The Minister must, after considering any views provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project.

  • Marginal note:Extension

    (2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site.

  • Marginal note:Expiry of decision statement

    (3) If the proponent does not substantially begin to carry out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period.

  • Marginal note:Notice posted on Internet site

    (4) The Agency must post on the Internet site a notice that a decision statement has expired.

Marginal note:Revocation of decision statement

 If the proponent of a designated project advises the Minister in writing that the designated project will not — or will no longer — be carried out, the Minister may revoke the decision statement issued in respect of that project.

Marginal note:Amending decision statement — information

  •  (1) The Minister may, before amending a decision statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement.

  • Marginal note:Offer to consult

    (2) If the decision statement is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in section 67, the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be.

  • Marginal note:Offer to consult — Nuclear Safety and Control Act

    (3) Before the Minister amends any portion of a decision statement referred to in subsection 67(1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.

 
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