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

Short Title

Marginal note:Short title

1 This Act may be cited as the Impact Assessment Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

adverse effects within federal jurisdiction

adverse effects within federal jurisdiction means, with respect to a physical activity or a designated project,

• (a) a non-negligible adverse change to the following components of the environment that are within the legislative authority of Parliament:

  • (i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,

  • (ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,

  • (iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and

  • (iv) any other component of the environment that is set out in Schedule 3;

• (b) a non-negligible adverse change to the environment that would occur on federal lands;

• (c) a non-negligible adverse change to the marine environment that is caused by pollution and that would occur outside Canada;

• (d) a non-negligible adverse change — that is caused by pollution — to boundary waters or international waters, as those terms are defined in subsection 2(1) of the Canada Water Act, or to interprovincial waters;

• (e) with respect to the Indigenous peoples of Canada, a non-negligible adverse impact — occurring in Canada and resulting from any change to the environment — on

  • (i) physical and cultural heritage,

  • (ii) the current use of lands and resources for traditional purposes, or

  • (iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;

• (f) a non-negligible adverse change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and

• (g) a non-negligible adverse change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3.

In the case of a physical activity or a designated project that is carried out on federal lands or is a federal work or undertaking, as defined in subsection 3(1) of the Canadian Environmental Protection Act, 1999, this definition also includes the non-negligible adverse effects of that activity or project. (effets négatifs relevant d’un domaine de compétence fédérale)

Agency

Agency means the Impact Assessment Agency of Canada that is continued under section 153. (Agence)

analyst

analyst means a person or a member of a class of persons designated as an analyst under subsection 120(1). (analyste)

assessment by a review panel

assessment by a review panel means an impact assessment that is conducted by a review panel. (examen par une commission)

Canadian Energy Regulator

Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act. (Régie canadienne de l’énergie)

Canadian Nuclear Safety Commission

Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by section 8 of the Nuclear Safety and Control Act. (Commission canadienne de sûreté nucléaire)

designated project

designated project means one or more physical activities that

• (a) are carried out in Canada or on federal lands; and

• (b) are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1).

It includes any physical activity that is incidental to those physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). (projet désigné)

direct or incidental adverse effects

direct or incidental adverse effects means non-negligible adverse effects that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of a physical activity or designated project, or to a federal authority’s provision of financial assistance to a person for the purpose of enabling that activity or project to be carried out, in whole or in part. (effets directs ou accessoires négatifs)

direct or incidental effects

direct or incidental effects[Repealed, 2024, c. 17, s. 271]

effects

effects means, unless the context requires otherwise, changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes. (effets)

effects within federal jurisdiction

effects within federal jurisdiction[Repealed, 2024, c. 17, s. 271]

enforcement officer

enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120(1). (agent de l’autorité)

environment

environment means the components of the Earth, and includes

• (a) land, water and air, including all layers of the atmosphere;

• (b) all organic and inorganic matter and living organisms; and

• (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)

federal authority

federal authority means

• (a) a Minister of the Crown in right of Canada;

• (b) an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

• (c) any department or departmental corporation that is set out in Schedule I, I.1 or II to the Financial Administration Act; and

• (d) any other body that is set out in Schedule 1.

It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is a wholly-owned subsidiary, as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1. (autorité fédérale)

federal lands

federal lands means

• (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;

• (b) the following lands and areas:

  • (i) the internal waters of Canada, in any area of the sea not within a province,

  • (ii) the territorial sea of Canada, in any area of the sea not within a province,

  • (iii) the exclusive economic zone of Canada, and

  • (iv) the continental shelf of Canada; and

• (c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands. (territoire domanial)

follow-up program

follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures. (programme de suivi)

impact assessment

impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act. (évaluation d’impact)

Indigenous governing body

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

Indigenous knowledge

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

Internet site

Internet site means the Internet site that is established under section 105. (site Internet)

jurisdiction

jurisdiction means

• (a) a federal authority;

• (b) any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• (c) the government of a province;

• (d) any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• (e) any body — including a co-management body — established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• (f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project

  • (i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or

  • (ii) under an Act of Parliament other than this Act or under an Act of the legislature of a province, including a law that implements a self-government agreement;

• (g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);

• (h) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

• (i) an international organization of states or any institution of such an organization. (instance)

Minister

Minister means the Minister of the Environment. (ministre)

mitigation measures

mitigation measures means measures to eliminate, reduce, control or offset adverse effects within federal jurisdiction, direct or incidental adverse effects or adverse environmental effects, as defined in section 81, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

proponent

proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. (promoteur)

record

record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it. (document)

Registry

Registry means the Canadian Impact Assessment Registry established under section 104. (registre)

review panel

review panel means a review panel established

• (a) under section 41;

• (b) under subsection 44(1);

• (c) under subsection 47(1);

• (d) under an agreement or arrangement entered into under subsection 39(1) or (3); or

• (e) by document referred to in subsection 40(2). (commission)

sustainability

sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations. (durabilité)

Marginal note:Rights of Indigenous peoples of Canada

3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Application

Marginal note:Non-application

4 This Act does not apply in respect of physical activities to be carried out wholly within lands described in Schedule 2.

Her Majesty

Marginal note:Binding on Her Majesty

5 This Act is binding on Her Majesty in right of Canada or a province.

Purposes

Marginal note:Purpose

• 6 (1) The purpose of this Act is to prevent or mitigate significant adverse effects within federal jurisdiction — and significant direct or incidental adverse effects — that may be caused by the carrying out of designated projects, as well as significant adverse environmental effects, as defined in section 81, that may be caused by the carrying out of projects, as defined in that section, by establishing processes to anticipate, identify and assess the potential effects of those projects in order to inform decision making under this or any other Act of Parliament in respect of those effects.

• Marginal note:Mandate

  (2) The Government of Canada, the Minister, the Agency and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters sustainability, respects the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, takes into account Indigenous knowledge, considers the cumulative effects of physical activities, applies the precautionary principle and promotes cooperation among jurisdictions and with the Indigenous peoples of Canada.

• Marginal note:Application of principles to powers

  (3) The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that

  • (a) ensures that processes referred to in subsection (1) are fair, predictable and efficient; and

  • (b) adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.