Impact Assessment Act

Marginal note:Minister’s power to designate

• 9 (1) The Minister may, on request or on the Minister’s own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in the Minister’s opinion, the carrying out of that physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.

• Marginal note:Factors

  (2) If the Minister is of the opinion that the carrying out of the physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects, the Minister may, in deciding whether to make an order, consider

  • (a) public concerns related to the adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity;

  • (b) the adverse impacts that the physical activity may have on the rights of the Indigenous peoples of Canada — including Indigenous women — recognized and affirmed by section 35 of the Constitution Act, 1982;

  • (c) any relevant assessment referred to in section 92, 93 or 95;

  • (d) whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity; and

  • (e) any other factor that the Minister considers relevant.

• Marginal note:Agency’s power to require information

  (3) The Agency may require any person or entity to provide information with respect to any physical activity that can be designated under subsection (1).

• Marginal note:Minister’s response — time limit

  (4) The Minister must respond, with reasons, to a request referred to in subsection (1) within 90 days after the day on which it is received. The Minister must ensure that his or her response is posted on the Internet site.

• Marginal note:Suspending time limit

  (5) The Agency may suspend the time limit for responding to the request 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

  (6) 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:Limitation

  (7) The Minister must not make the designation referred to in subsection (1) if

  • (a) the carrying out of the physical activity has substantially begun; or

  • (b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.

• Marginal note:Posting of notice of order on Internet site

  (8) The Agency must post on the Internet site a copy of the order made under subsection (1).