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Impact Assessment Act

Version of section 65 from 2024-06-20 to 2024-11-26:


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 any determination made under subsection 60(1) 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 — Minister’s determination

    (3) The Minister 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 if the Minister

    • (a) makes a determination under paragraph 60(1)(a) that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are not likely to be, to some extent, significant; or

    • (b) makes a determination under paragraph 60(1)(b).

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

    (4) If the Governor in Council makes a determination under paragraph 62(a) that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are not likely to be, to some extent, significant or makes a determination under paragraph 62(b), 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 — that is necessary to take into account circumstances that are specific to the designated project or to facilitate cooperation with a jurisdiction referred to in section 21.

  • 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) by any period that is necessary to take into account circumstances that are specific to the designated project or to facilitate cooperation with a jurisdiction referred to in section 21.

  • 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.

  • 2019, c. 28, s. 1 “65”
  • 2024, c. 17, s. 293

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