Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

• 292 (1) Subsections 64(1) and (2) of the Act are replaced by the following:

  Marginal note:Conditions — adverse effects within federal jurisdiction

  • 64 (1) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish any conditions that the Minister considers appropriate in relation to the adverse effects within federal jurisdiction that are indicated in the report. The proponent of the designated project must comply with those conditions.

  • Marginal note:Conditions — direct or incidental adverse effects

    (2) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish in relation to the direct or incidental adverse effects that are indicated in the report any conditions that the Minister considers appropriate and that are 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 the 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 project. The proponent of the designated project must comply with those conditions.

• (2) Paragraph 64(4)(a) of the Act is replaced by the following:

  • (a) the implementation of the mitigation measures that the Minister takes into account in making any determination under subsection 60(1), or that the Governor in Council takes into account in making any 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

• 293 (1) Paragraph 65(1)(a) of the Act is replaced by the following:

  • (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;

• (2) Subsection 65(3) of the Act is replaced by the following:

  • 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).

• (3) The portion of subsection 65(4) of the Act before paragraph (a) is replaced by the following:

  • 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

• (4) Subsections 65(5) and (6) of the Act are replaced by the following:

  • 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.

294 Paragraph 105(2)(c) of the Act is replaced by the following:

295 Paragraph 106(2)(c) of the Act is replaced by the following:

296 Paragraph 109(b) of the Act is replaced by the following:

297 Paragraph 112(1)(a) of the Act is replaced by the following:

298 Subsections 181(3) to (4.3) of the Act are replaced by the following:

299 Section 183 of the Act is amended by adding the following after subsection (2):

300 Section 184 of the Act is repealed.

301 Schedule 3 to the Act is amended by replacing the references after the heading “SCHEDULE 3” with the following:

Transitional Provisions

Marginal note:Definitions

• 302 (1) The following definitions apply in this section and sections 303 to 318.

  amended Act

  amended Act means the Impact Assessment Act, as it reads on or after the commencement day. (loi modifiée)

  commencement day

  commencement day means the day on which this section comes into force. (date de référence)

  2012 Act

  2012 Act means the Canadian Environmental Assessment Act, 2012, section 52 of chapter 19 of the Statutes of Canada, 2012. (Loi de 2012)

• Marginal note:Terminology

  (2) Words and expressions used in sections 303 to 318 have the same meaning as in section 2 of the amended Act.

Marginal note:Designation of physical activity

• 303 (1) Despite subsection 9(4) of the amended Act, if, in respect of a request referred to in subsection 9(1) of the amended Act that the Minister received before the commencement day, the Minister has not responded to the request before that day, the Minister must respond, with reasons, within 90 days after that day. The Minister must ensure that the response is posted on the Internet site.

• Marginal note:Deeming

  (2) Everything that was done before the commencement day with regard to the physical activity in respect of which the request was made is, if it may or must be done under the amended Act with regard to that physical activity, deemed, as of the day on which the response is posted, to have been done under the amended Act.

Marginal note:Deeming — no impact assessment

304 If the Agency, before the commencement day, made a decision that an impact assessment of a designated project is not required and posted that decision on the Internet site, that decision is deemed, as of that day, to be a decision made under subsection 16(1) of the amended Act.

Marginal note:Designated projects

• 305 (1) This section applies in respect of a designated project if the Minister or the Agency, during the six-month period that starts on the commencement day, takes a step with regard to that project under any of sections 10 to 59 of the amended Act.

• Marginal note:Posting

  (2) The Agency must post a notice on the Internet site that indicates the first step taken, the provision under which it was taken, the date on which it was taken and the designated project in respect of which it was taken.

• Marginal note:Deeming

  (3) Everything that was done before the commencement day with regard to a designated project in respect of which a notice is posted under subsection (2) is, if it may or must be done under the amended Act in respect of the designated project, deemed, as of the day on which the first step is taken, to have been done under the amended Act.

• Marginal note:Agency’s power

  (4) The Agency may, when the first step is taken with regard to a designated project, replace, in respect of that project, any time limit or period established by or under the amended Act by another time limit or period.

• Marginal note:Posting

  (5) The Agency must post a notice on the Internet site that indicates, for each time limit or period that it replaces, the new time limit or period and the designated project with regard to which that new time limit or period applies.

• Marginal note:Clarification

  (6) For greater certainty, nothing in subsection (4) affects any power conferred on the Agency under the amended Act to extend or shorten any time limit or period.

• Marginal note:Definition of first step

  (7) In this section, first step means the first step taken by the Minister or the Agency under any of sections 10 to 59 of the amended Act in respect of a designated project during the six-month period that starts on the commencement day.

Marginal note:Decision statements issued before commencement day

• 306 (1) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister, including a decision statement issued by the Minister under subsection 54(1) of the 2012 Act, before the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site.

• Marginal note:Decision statements issued on or after commencement day

  (2) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister under subsection 54(1) of the 2012 Act on or after the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site.

• Marginal note:Deeming

  (3) A decision statement in respect of which a notice is posted under subsection (1) or (2) is deemed, as of the day on which the notice is posted, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Amendment to decision statement — Impact Assessment Act

• 307 (1) Subsection 68(2), paragraph 69(1)(b) and subsection 69(2) of the amended Act do not apply in respect of an amendment made under subsection 68(1) of the amended Act to a decision statement that was issued with respect to a designated project before the commencement day if the amendment

  • (a) is made during the six-month period that starts on that day;

  • (b) removes a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act or amends a condition so that, in the Minister’s opinion, the condition is one that could be included in such a decision statement; and

  • (c) does not add a condition or modify the designated project’s description.

• Marginal note:Posting of amended decision statement

  (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site.

• Marginal note:Deeming

  (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Amendment to decision statement — 2012 Act

• 308 (1) The Minister may, during the six-month period that starts on the commencement day, amend a decision statement issued by the Minister under subsection 54(1) of the 2012 Act before that day to

  • (a) remove a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act; or

  • (b) amend a condition so that, in the Minister’s opinion, the condition is one that could be included in a decision statement issued under subsection 65(1) of the amended Act.

• Marginal note:Posting of amended decision statement

  (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site.

• Marginal note:Deeming

  (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Regional assessments — committee report not provided

• 309 (1) If a committee established by the Minister before the commencement day to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose before that day, has not, before that day, provided a report to the Minister in respect of the assessment,

  • (a) the committee is deemed to be established, as the case may be, in accordance with section 92 of the amended Act or in accordance with an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) of the amended Act, on that day; and

  • (b) everything that was done in respect of the assessment before that day by or in respect of the committee is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act.

• Marginal note:Regional assessments — committee report provided

  (2) If a committee established by the Minister to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.