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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

Impact Assessment Agency of Canada

Marginal note:Agency continued

  •  (1) The Canadian Environmental Assessment Agency is continued as the Impact Assessment Agency of Canada. The Impact Assessment Agency must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act.

  • Marginal note:Minister’s responsibility

    (2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.

Marginal note:Delegation to Agency

  •  (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act.

  • Marginal note:Restriction

    (2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).

Marginal note:Agency’s objects

 The Agency’s objects are

  • (a) to conduct or administer impact assessments and administer any other requirements and procedures established by this Act and the regulations;

  • (b) to coordinate — during the period that begins on the day on which a copy of the description of the project referred to in subsection 10(1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project;

  • (c) to promote harmonization in relation to the assessment of effects across Canada at all levels of government;

  • (d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;

  • (e) to promote impact assessment in a manner that is consistent with the purposes of this Act;

  • (f) to promote, monitor and facilitate compliance with this Act;

  • (g) to promote and monitor the quality of impact assessments conducted under this Act;

  • (h) to develop policy related to this Act; and

  • (i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.

Marginal note:Agency’s duties

  •  (1) In carrying out its objects, the Agency must

    • (a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93(1)(a) or (b);

    • (b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 114(1)(b); and

    • (c) provide information or training to facilitate the application of this Act.

  • Marginal note:Agency’s powers

    (2) In carrying out its objects, the Agency may

    • (a) undertake studies or activities or conduct research relating to impact assessment;

    • (b) advise persons and organizations on matters relating to the assessment of effects;

    • (c) issue guidelines and codes of practice;

    • (d) negotiate agreements or arrangements referred to in paragraphs 114(1)(c) to (f) on the Minister’s behalf; and

    • (e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.

Marginal note:Expert committee

  •  (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues.

  • Marginal note:Appointment

    (2) The Agency may appoint any person with relevant knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person.

  • Marginal note:Publication

    (3) The Agency must post on the Internet site all advice it receives from the expert committee.

Marginal note:Advisory committee — interests and concerns of Indigenous peoples

  •  (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.

  • Marginal note:Appointment

    (2) The Agency may appoint any person with relevant knowledge or experience as a member of the advisory committee.

  • Marginal note:Membership

    (2.1) The membership of the committee must include at least

    • (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

    • (b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

    • (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.

  • Marginal note:Publication

    (3) The Agency must post on the Internet site all advice it receives from the advisory committee.

Marginal note:Using government facilities

 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

Marginal note:President

  •  (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister.

  • Marginal note:President — chief executive officer

    (2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.

  • Marginal note:Acting President — Executive Vice-president

    (3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim.

  • Marginal note:Acting President — other person

    (4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.

  • Marginal note:Governor in Council’s approval required

    (5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.

Marginal note:Executive Vice-president

  •  (1) The Governor in Council may appoint an officer to be the Executive Vice-president of the Agency and to hold office during pleasure.

  • Marginal note:Powers, duties and functions

    (2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.

Marginal note:Remuneration

 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.

Marginal note:Appointment under Public Service Employment Act

 The employees who are necessary to carry out the Agency’s work are to be appointed in accordance with the Public Service Employment Act.

Marginal note:Head office

 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act.

 
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