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Impact Assessment Act

Version of section 109 from 2024-06-20 to 2024-11-26:


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 — the carrying out of which may, in the Governor in Council’s opinion, cause adverse effects within federal jurisdiction or direct or incidental adverse effects 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.

  • 2019, c. 28, s. 1 “109”
  • 2024, c. 17, s. 296

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