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Version of document from 2019-08-28 to 2024-09-17:

Information and Management of Time Limits Regulations

SOR/2019-283

IMPACT ASSESSMENT ACT

Registration 2019-08-01

Information and Management of Time Limits Regulations

The Minister of the Environment, pursuant to section 112 of the Impact Assessment ActFootnote a, makes the annexed Information and Management of Time Limits Regulations.

Ottawa, July 19, 2019

La ministre de l’Environnement,
blank line
Catherine McKenna
Minister of the Environment

Information and Time Limit Management

Marginal note:Definition of Act

1 In these Regulations, Act means the Impact Assessment Act.

Marginal note:Suspension of time limits

2 For the purposes of any of subsections 9(5), 18(5), 28(9), 36(3) and 37(6) of the Act, a time limit may be suspended in respect of the following activities and in the following circumstances:

  • (a) any activity related to the designated project, if the proponent submits a written request to the Minister in that regard;

  • (b) the undertaking of studies or the collection of information by the proponent related to a change in the design, construction or operation plans for a designated project and the resulting effects of the change, if the Agency or the review panel, as the case may be, is of the opinion that the change would alter the potential effects of the project and there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the impact assessment report; and

  • (c) the collection, by the Agency or the review panel, of any fees, charges or levies, costs or amounts referred to in section 76 of the Act if they are not paid by the proponent within the time limit set out in section 80 of the Act.

Marginal note:Information for initial description of project

3 For the purposes of subsection 10(1) of the Act, the information that is to be provided in the initial description of a designated project is set out in Schedule 1 and must

  • (a) be representative of the project at the time the information is provided; and

  • (b) include the information related to any option that the proponent is considering in respect of any item in the description of the project.

Marginal note:Information for detailed description of project

4 For the purposes of subsection 15(1) of the Act, the information that is to be provided in the detailed description of a designated project is set out in Schedule 2 and must

  • (a) be representative of the project at the time the information is provided;

  • (b) include the information related to any option that the proponent is considering in respect of any item in the description of the project; and

  • (c) include the proponent’s responses to the issues raised during any consultation undertaken under section 12 of the Act.

Marginal note:Notice of commencement — documents

5 For the purposes of paragraph 18(1)(b) of the Act, the Agency must provide the proponent with the following documents:

  • (a) tailored guidelines regarding the information or studies referred to in paragraph 18(1)(a) of the Act;

  • (b) a plan for cooperation with other jurisdictions;

  • (c) a plan for engagement and partnership with the Indigenous peoples of Canada;

  • (d) a plan for public participation; and

  • (e) a plan for the issuance of permits.

Marginal note:Information format and accessibility

6 Any information that is required to be submitted by a proponent under the Act must

  • (a) be in a machine-readable format; and

  • (b) include a plain-language summary of the information in English and in French.

Marginal note:Physical activities

7 For the purposes of paragraph 75(1)(a) of the Act, the designated physical activities are those that are set out in the schedule to the Physical Activities Regulations or that are designated by the Minister under section 9 of the Act.

Marginal note:Time limit — response to request for assessment

8 For the purposes of subsection 97(1) of the Act, the Minister must respond within 90 days after the day on which a request is received.

Repeal

9 The Prescribed Information for the Description of a Designated Project RegulationsFootnote 1 are repealed.

Coming into Force

Marginal note:S.C. 2019, c. 28

Footnote *10 These Regulations come into force on the day on which section 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1(Section 3)Information Required in Initial Description of Designated Project

PART A

General Information

  • 1 
    The project’s name, type or sector and proposed location.
  • 2 
    The proponent’s name and contact information and the name and contact information of their primary representative for the purpose of the description of the project.
  • 3 
    A summary of any engagement undertaken with any jurisdiction or other party, including a summary of the key issues raised and the results of the engagement, and a brief description of any plan for future engagement.
  • 4 
    A list of the Indigenous groups that may be affected by the carrying out of the project, a summary of any engagement undertaken with the Indigenous peoples of Canada, including a summary of key issues raised and the results of the engagement, and a brief description of any plan for future engagement.
  • 5 
    Any study or plan, relevant to the project, that is being or has been conducted in respect of the region where the project is to be carried out, including a regional assessment that is being or has been carried out under section 92 or 93 of the Act or by any jurisdiction, including by or on behalf of an Indigenous governing body, if the study or plan is available to the public.
  • 6 
    Any strategic assessment, relevant to the project, that is being or has been carried out under section 95 of the Act.

PART B

Project Information

  • 7 
    A statement of the purpose of and need for the project, including any potential benefits.
  • 8 
    The provisions in the schedule to the Physical Activities Regulations describing the project, in whole or in part.
  • 9 
    A list of all activities, infrastructure, permanent or temporary structures and physical works to be included in and associated with the construction, operation and decommissioning of the project.
  • 10 
    An estimate of the maximum production capacity of the project and a description of the production processes to be used.
  • 11 
    The anticipated schedule for the project’s construction, operation, decommissioning and abandonment, including any expansions of the project.
  • 12 
    A list of
    • (a) 
      potential alternative means of carrying out the project that the proponent is considering and that are technically and economically feasible, including through the use of best available technologies; and
    • (b) 
      potential alternatives to the project that the proponent is considering and that are technically and economically feasible and directly related to the project.

PART C

Location Information

  • 13 
    A description of the project’s proposed location, including
    • (a) 
      its proposed geographic coordinates, including, for linear development projects, the proposed locations of major ancillary facilities that are integral to the project and a description of the spatial boundaries of the proposed study corridor;
    • (b) 
      site maps produced at an appropriate scale in order to determine the project’s proposed general location and the spatial relationship of the project components;
    • (c) 
      the legal description of land to be used for the project, including, if the land has already been acquired, the title, deed or document and any authorization relating to a water lot;
    • (d) 
      the project’s proximity to any permanent, seasonal or temporary residences and to the nearest affected communities;
    • (e) 
      the project’s proximity to land used for traditional purposes by Indigenous peoples of Canada, land in a reserve as defined in subsection 2(1) of the Indian Act, First Nation land as defined in subsection 2(1) of the First Nations Land Management Act, land that is subject to a comprehensive land claim agreement or a self-government agreement and any other land set aside for the use and benefit of Indigenous peoples of Canada; and
    • (f) 
      the project’s proximity to any federal lands.
  • 14 
    A brief description of the physical and biological environment of the project’s location, based on information that is available to the public.
  • 15 
    A brief description of the health, social and economic context in the region where the project is located, based on information that is available to the public or derived from any engagement undertaken.

PART D

Federal, Provincial, Territorial, Indigenous and Municipal Involvement

  • 16 
    A description of any financial support that federal authorities are, or may be, providing to the project.
  • 17 
    A list of any federal lands that may be used for the purpose of carrying out the project.
  • 18 
    A list of any jurisdictions that have powers, duties or functions in relation to an assessment of the project’s environmental effects.

PART E

Potential Effects of the Project

  • 19 
    A list of any changes that, as a result of the carrying out of the project, may be caused to the following components of the environment that are within the legislative authority of Parliament:
  • 20 
    A list of any changes to the environment that, as a result of the carrying out of the project, may occur on federal lands, in a province other than the province in which the project is proposed to be carried out or outside Canada.
  • 21 
    With respect to the Indigenous peoples of Canada, a brief description of the impact — that, as a result of the carrying out of the project, may occur in Canada and result from any change to the environment — on physical and cultural heritage, the current use of lands and resources for traditional purposes and any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, based on information that is available to the public or derived from any engagement undertaken with Indigenous peoples of Canada.
  • 22 
    A brief description of any change that, as a result of the carrying out of the project, may occur in Canada to the health, social or economic conditions of Indigenous peoples of Canada, based on information that is available to the public or derived from any engagement undertaken with Indigenous peoples of Canada.
  • 23 
    An estimate of any greenhouse gas emissions associated with the project.
  • 24 
    A list of the types of waste and emissions that are likely to be generated — in the air, in or on water and in or on land — during any phase of the project.

PART F

Summary

  • 25 
    A plain-language summary of the information that is required under items 1 to 24 in English and in French.

SCHEDULE 2(Section 4)Information Required in Detailed Description of Designated Project

PART A

Updated General Information

  • 1 
    The project’s name, type or sector and proposed location.
  • 2 
    The proponent’s name and contact information and the name and contact information of their primary representative for the purpose of the description of the project.

PART B

Planning Phase Results

  • 3 
    A summary of the results of any engagement undertaken with any jurisdiction or other party, including a description of how the proponent intends to address the issues raised in the summary referred to in subsection 14(1) of the Act.
  • 4 
    A summary of the results of any engagement undertaken with the Indigenous peoples of Canada, including
    • (a) 
      a list of the Indigenous groups that may be affected by the project, including those groups that identified themselves during the planning phase as potentially being affected; and
    • (b) 
      a description of how the proponent intends to address the issues raised in the summary referred to in subsection 14(1) of the Act, including any potential 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.
  • 5 
    Any study or plan, relevant to the project, that is being or has been conducted in respect of the region where the project is to be carried out, including a regional assessment that is being or has been carried out under section 92 or 93 of the Act or by any jurisdiction, including by or on behalf of an Indigenous governing body, if the study or plan is available to the public.
  • 6 
    Any strategic assessment, relevant to the project, that is being or has been carried out under section 95 of the Act.

PART C

Project Information

  • 7 
    A statement of the purpose of and need for the project, including any potential benefits.
  • 8 
    The provisions in the schedule to the Physical Activities Regulations describing the project, in whole or in part.
  • 9 
    A description of all activities, infrastructure, permanent or temporary structures and physical works to be included in and associated with the construction, operation and decommissioning of the project, including their purpose, size and capacity.
  • 10 
    An estimate of the maximum production capacity of the project and a description of the production processes to be used.
  • 11 
    The anticipated schedule for the project’s construction, operation, decommissioning and abandonment, including any expansions of the project.
  • 12 
    A description of
    • (a) 
      potential alternative means of carrying out the project that the proponent is considering and that are technically and economically feasible, including through the use of best available technologies; and
    • (b) 
      potential alternatives to the project that the proponent is considering and that are technically and economically feasible and directly related to the project.

PART D

Location Information

  • 13 
    A description of the project’s proposed location, including
    • (a) 
      its proposed geographic coordinates, including, for linear development projects, the proposed locations of major ancillary facilities that are integral to the project and a description of the spatial boundaries of the proposed study corridor;
    • (b) 
      site maps produced at an appropriate scale in order to determine the project’s general location and the spatial relationship of the project components;
    • (c) 
      the legal description of land to be used for the project, including, if the land has already been acquired, the title, deed or document and any authorization relating to a water lot;
    • (d) 
      the project’s proximity to any permanent, seasonal or temporary residences and to the nearest affected communities;
    • (e) 
      the project’s proximity to land used for traditional purposes by Indigenous peoples of Canada, land in a reserve as defined in subsection 2(1) of the Indian Act, First Nation land as defined in subsection 2(1) of the First Nations Land Management Act, land that is subject to a comprehensive land claim agreement or a self-government agreement and any other land set aside for the use and benefit of Indigenous peoples of Canada; and
    • (f) 
      the project’s proximity to any federal lands.
  • 14 
    A description of the physical and biological environment of the project’s location based on information that is available to the public.
  • 15 
    A description of the health, social and economic context in the region where the project is located, based on information that is available to the public or derived from any engagement undertaken.

PART E

Federal, Provincial, Territorial, Indigenous or Municipal Involvement

  • 16 
    A description of any financial support that federal authorities are, or may be, providing to the project.
  • 17 
    A description of any federal lands that may be used for the purpose of carrying out the project.
  • 18 
    A list of the permits, licenses or other authorizations that may be required by jurisdictions that have powers, duties or functions in relation to an assessment of the project’s environmental effects.

PART F

Potential Effects of the Project

  • 19 
    A description of any changes that, as a result of the carrying out of the project, may be caused to the following components of the environment that are within legislative authority of Parliament:
  • 20 
    A description of any changes to the environment that, as a result of the carrying out of the project, may occur on federal lands, in a province other than the province in which the project is proposed to be carried out or outside Canada.
  • 21 
    With respect to the Indigenous peoples of Canada, a description of any impact — that, as a result of carrying out the project, may occur in Canada and result from any change to the environment — on physical and cultural heritage, the current use of lands and resources for traditional purposes and any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, based on information that is available to the public or derived from any engagement undertaken with Indigenous peoples of Canada.
  • 22 
    A description of any change that, as a result of the carrying out of the project, may occur in Canada to the health, social or economic conditions of Indigenous peoples of Canada, based on information that is available to the public or derived from any engagement undertaken with Indigenous peoples of Canada.
  • 23 
    An estimate of any greenhouse gas emissions associated with the project.
  • 24 
    A description of any waste and emissions that are likely to be generated — in the air, in or on water and in or on land — during any phase of the project and a description of the plan to manage them.

PART G

Summary

  • 25 
    A plain-language summary of the information that is required under items 1 to 24 in English and in French.

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