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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 Assessments (continued)

Impact Assessment by Agency (continued)

General Rules (continued)

Marginal note:Delegation

 The Agency may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 the carrying out of any part of the impact assessment of the designated project and the preparation of the report with respect to the impact assessment of the designated project.

Marginal note:Non-disclosure

  •  (1) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.

  • Marginal note:Non-disclosure

    (2) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the Agency’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.

Substitution

Marginal note:Minister’s power

  •  (1) Subject to sections 32 and 33, if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2, that has powers, duties or functions in relation to an assessment of the effects of a designated project would be an appropriate substitute, the Minister may, on request of the jurisdiction and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, approve the substitution of that process for the impact assessment.

  • Marginal note:Notice inviting public comments

    (2) When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted.

  • Marginal note:Minister must consider public comments

    (3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.

  • Marginal note:Posting of Minister’s decision on Internet site

    (4) The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site.

Marginal note:Exceptions

 The Minister must not approve the substitution of a process in relation to a designated project

Marginal note:Conditions

  •  (1) The Minister may only approve a substitution if he or she is satisfied that

    • (a) the process to be substituted will include a consideration of the factors set out in subsection 22(1);

    • (b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment;

    • (c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment;

    • (d) the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project;

    • (e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report;

    • (f) the public will have access to records in relation to the assessment to enable its meaningful participation;

    • (g) at the end of the assessment, a report will be submitted to the Minister;

    • (h) the report will be made available to the public; and

    • (i) any other conditions that the Minister establishes are or will be met.

  • Marginal note:Effects set out in report

    (2) The Minister must be satisfied that the report that will be submitted to him or her will set out the effects that, in the opinion of the jurisdiction that is following the process to be substituted, are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are significant.

  • Marginal note:Report — Indigenous knowledge

    (2.1) The Minister must be satisfied that the report that will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.

  • Marginal note:Approval

    (3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.

  • Marginal note:Availability

    (4) The conditions referred to in paragraph (1)(i) must be made available to the public.

Marginal note:Assessment considered in conformity

 If the Minister approves the substitution of a process under section 31, the assessment that results from the substituted process is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment.

Marginal note:Additional information

 If, after taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister at the end of the assessment under the substituted process approved under section 31, the Agency is of the opinion that additional information is required for the purposes of subsection 60(1), it may require the proponent of the designated project to provide the additional information to the Minister or may make a request to the jurisdiction that followed the process to provide that information to the Minister.

Impact Assessment by a Review Panel

General Rules

Marginal note:Referral to review panel

  •  (1) Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel.

  • Marginal note:Public interest

    (2) The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:

    • (a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse;

    • (b) public concerns related to those effects;

    • (c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and

    • (d) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

  • Marginal note:Suspending time limit

    (3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

  • Marginal note:Notice posted on Internet site

    (4) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.

  • Marginal note:Posting notice on Internet site

    (5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.

Marginal note:Time limit

  •  (1) If the Minister refers the impact assessment of a designated project to a review panel, the Agency must establish the following time limits:

    • (a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

    • (b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

  • Marginal note:Limit of 600 days

    (2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project.

  • Marginal note:Extension of time limit by Minister

    (3) The Minister may extend the time limit established under paragraph (1)(a) by any period — up to a maximum of 90 days — that is necessary to permit the review panel to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.

  • Marginal note:Extension of time limit by Governor in Council

    (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.

  • Marginal note:Posting notices on Internet site

    (5) The Agency must post the following items on the Internet site:

    • (a) the Agency’s reasons for establishing the time limits under subsection (1);

    • (b) a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension; and

    • (c) a notice of any extension granted under subsection (4).

  • Marginal note:Suspending time limit

    (6) The Agency may suspend the time limit within which the review panel must submit the report until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

  • Marginal note:Notice posted on Internet site

    (7) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.

 
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