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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 (continued)

Marginal note:Contracts, etc., binding on Her Majesty

  •  (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

Annual Report

Marginal note:Annual report to Parliament

  •  (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year.

  • Marginal note:Tabling in Parliament

    (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.

Review of Act

Marginal note:Review of Act after 10 years

 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in this section and sections 169 to 188.

1992 Act

1992 Act means the Canadian Environmental Assessment Act. (Loi de 1992)

2012 Act

2012 Act means the Canadian Environmental Assessment Act, 2012. (Loi de 2012)

environmental assessment

environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. (évaluation environnementale)

former Agency

former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. (ancienne Agence)

Marginal note:President of former Agency

 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.

Marginal note:Executive Vice-president of former Agency

 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.

Marginal note:Employment continued

  •  (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency.

  • Marginal note:Definition of employee

    (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:References

 Every reference to the former Agency in any deed, contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.

Marginal note:Transfer of rights and obligations

 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.

Marginal note:Commencement of legal proceedings

 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.

Marginal note:Continuation of legal proceedings

 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency.

Marginal note:Appropriations

 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency.

Marginal note:Persons designated

 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120(1) of this Act.

Marginal note:Screenings commenced under 1992 Act

 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated.

Marginal note:Comprehensive studies commenced under 1992 Act

  •  (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated.

  • Marginal note:Comprehensive studies continued under 2012 Act

    (2) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed.

  • Marginal note:Comprehensive studies subject to subsection 125(7) of 2012 Act

    (3) Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed.

Marginal note:Screenings under 2012 Act

 If the proponent of a designated project provided the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10(1) of this Act on the day on which this Act comes into force.

Marginal note:Environmental assessments by former Agency under 2012 Act

  •  (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.

  • Marginal note:Information or studies

    (2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.

  • Marginal note:Extension of time limit

    (2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.

  • Marginal note:Termination of environmental assessment

    (3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site.

  • Marginal note:Request of proponent

    (4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with

    • (a) a written direction that sets out any information and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and

    • (b) the documents referred to in paragraph 18(1)(b).

    The Agency must post a copy of the written direction on the Internet site.

  • Marginal note:Public comments

    (4.1) Before continuing an environmental assessment as an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent.

  • Marginal note:Acceptance

    (4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection,

    • (a) the environmental assessment is continued as an impact assessment under this Act; and

    • (b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance.

  • Marginal note:No review panel

    (4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.

  • Marginal note:Exception

    (5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act.

 
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