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

Full Document:  

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

Canadian Impact Assessment Registry (continued)

Project Files

Marginal note:Establishment and maintenance

  •  (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.

  • Marginal note:Exception

    (2) The obligation set out in subsection (1) ends on the earliest of the following days:

    • (a) the day on which the Agency under subsection 16(1) decides that an impact assessment in respect of the designated project is not required;

    • (b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;

    • (c) the day on which the Minister issues, in respect of the designated project, a decision statement that informs the proponent of his or her, or the Governor in Council’s, determination that the adverse effects within federal jurisdiction, or the adverse direct or incidental effects, that the designated project is likely to cause are not in the public interest; and

    • (d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.

  • Marginal note:Contents of project file

    (3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including

    • (a) all records posted on the Internet site;

    • (b) any report relating to the impact assessment;

    • (c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment;

    • (d) any records relating to the design or implementation of any follow-up program; and

    • (e) any records relating to the implementation of any mitigation measures.

General

Marginal note:Categories of available information

  •  (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if

    • (a) it has otherwise been made publicly available; or

    • (b) the Minister determines

      • (i) that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

      • (ii) that there are reasonable grounds to believe that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.

  • Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act

    (2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following:

    • (a) the information is deemed to be a record that the head of a government institution intends to disclose; and

    • (b) any reference to the person who requested access must be disregarded.

Marginal note:Protection from civil proceeding or prosecution

 Despite any other Act of Parliament, no civil or criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Administration

Marginal note:Regulations — Governor in Council

 The Governor in Council may make regulations

  • (a) amending Schedule 1 or 4 by adding or deleting a body or a class of bodies;

  • (b) for the purpose of the definition designated project in section 2, designating a physical activity or class of physical activities and specifying which physical activity or class of physical activities may be designated by the Minister under paragraph 112(1)(a.2);

  • (c) exempting any class of proponents or class of designated projects from the application of section 76;

  • (d) varying or excluding any requirement set out in this Act or the regulations as it applies to physical activities to be carried out

    • (i) on reserves, surrendered lands or other lands that are vested in Her Majesty and subject to the Indian Act,

    • (ii) on lands covered by land claim agreements referred to in section 35 of the Constitution Act, 1982,

    • (iii) on lands with respect to which agreements or arrangements referred to in paragraph 114(1)(d) or (e) apply,

    • (iv) under international agreements or arrangements entered into by the Government of Canada, or

    • (v) in relation to which there are matters of national security;

  • (e) respecting agreements or arrangements referred to in paragraph 114(1)(d) or (e);

  • (f) prescribing — other than the time limit referred to in subsection 97(1) — anything that, by this Act, is to be prescribed;

  • (g) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and

  • (h) generally, for carrying out the purposes and provisions of this Act.

Marginal note:Amendment of Schedule 2

 The Governor in Council may, by order, amend Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982.

Marginal note:Review of regulations

  •  (1) The Agency must review, within the prescribed period, any regulations made under paragraph 109(b).

  • Marginal note:Report

    (2) After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.

Marginal note:Regulations — Minister

  •  (1) The Minister may make regulations

    • (a) prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1) and the documents referred to in paragraph 18(1)(b);

    • (a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;

    • (a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;

    • (a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;

    • (b) respecting the procedures, requirements and time periods relating to impact assessments, including the manner of designing a follow-up program;

    • (c) prescribing, for the purposes of any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;

    • (d) respecting a participant funding program established under section 75;

    • (e) designating, for the purposes of section 75, a physical activity or class of physical activities;

    • (e.1) prescribing the time limit referred to in subsection 97(1);

    • (f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and

    • (g) respecting the charging of fees for providing copies of documents contained in the Registry.

  • Marginal note:Condition

    (2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.

  • Marginal note:Written notice

    (3) A person or entity — federal authority, government or body — that proposes the carrying out of a physical activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so.

  • Marginal note:Statutory Instruments Act

    (4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2).

  • Marginal note:Regulation posted on Internet site

    (5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site.

 
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