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

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

Indigenous Knowledge

Marginal note:Confidentiality

  •  (1) Any Indigenous knowledge that is provided to the Minister, the Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

  • Marginal note:Exception

    (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

    • (a) it is publicly available;

    • (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

    • (c) the disclosure is authorized in the prescribed circumstances.

  • Marginal note:Consultation

    (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

  • Marginal note:Further disclosure

    (3) The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

  • Marginal note:Duty to comply

    (4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.

Administration and Enforcement

Enforcement Officers and Analysts

Marginal note:Designation

  •  (1) The President of the Agency may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.

  • Marginal note:Certificate

    (2) The President of the Agency must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 122(1).

Marginal note:Immunity

 No action or other proceeding of a civil nature lies against an enforcement officer or analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.

Powers

Marginal note:Authority to enter

  •  (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, enter a place in which they have reasonable grounds to believe a designated project is or was being carried out or a record or anything relating to a designated project is located.

  • Marginal note:Powers on entry

    (2) The enforcement officer may, for those purposes,

    • (a) examine anything in the place;

    • (b) use any means of communication in the place or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place, or cause it to be used;

    • (f) remove anything from the place for examination or copying;

    • (g) take photographs and make recordings or sketches;

    • (h) direct the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;

    • (i) direct the owner or a person having possession, care or control of anything in the place not to move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;

    • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

    • (k) prohibit or limit access to all or part of the place.

  • Marginal note:Person accompanying enforcement officer

    (3) An enforcement officer who enters a place under subsection (1) may be accompanied by any other person that they believe is necessary to help them exercise their powers and perform their duties and functions under this section.

  • Marginal note:Analysts

    (4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g).

  • Marginal note:Duty to assist

    (5) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer or analyst to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose.

Marginal note:Warrant for dwelling-house

  •  (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 122(1);

    • (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.

Marginal note:Entry on private property

  •  (1) For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying

    (2) A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so.

Marginal note:Production of documents

  •  (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act.

  • Marginal note:Proof of delivery

    (2) The enforcement officer must make the request by a means that provides a record of delivery.

  • Marginal note:Compliance

    (3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.

Notice of Non-compliance

Marginal note:Issuance

  •  (1) If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.

  • Marginal note:Contents of notice

    (2) The notice must be made in writing and must set out

    • (a) the name of the person or entity to whom it is directed;

    • (b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened;

    • (c) the relevant facts surrounding the alleged contravention; and

    • (d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.

 
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