Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Marginal note:Time limit for information or studies

• 19 (1) The proponent of a designated project must provide the Agency with the information or studies that are set out in the notice of the commencement of the impact assessment of the designated project within three years after the day on which a copy of that notice is posted on the Internet site.

• Marginal note:Extension of time limit

  (2) On the proponent’s request, the Agency may extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.

• Marginal note:Additional information or studies

  (3) If the Agency extends the time limit, it may require the proponent to provide it with any additional information or studies that the Agency considers necessary for it to conduct the impact assessment.

• Marginal note:Notice posted on Internet site

  (4) When the Agency is satisfied that the proponent has provided it with all of the information or studies, it must post a notice of that determination on the Internet site.

Marginal note:Termination of impact assessment

• 20 (1) If the proponent does not provide the Agency with the information or studies within the time limit referred to in subsection 19(1), or within any extension of that time limit, the impact assessment is terminated.

• Marginal note:Notice posted on Internet site

  (2) The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.

Impact Assessments

Consultation and Cooperation with Certain Jurisdictions

Marginal note:Agency’s or Minister’s obligations

21 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — must offer to consult and cooperate with respect to the impact assessment of the designated project with

• (a) any jurisdiction referred to in paragraph (a) of the definition jurisdiction in section 2 if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act; and

• (b) any jurisdiction referred to in paragraphs (c) to (i) of that definition if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project.

Factors To Be Considered

Marginal note:Factors — impact assessment

• 22 (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel, must take into account the following factors:

  • (a) the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including

    • (i) the effects of malfunctions or accidents that may occur in connection with the designated project,

    • (ii) any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out, and

    • (iii) the result of any interaction between those effects;

  • (b) mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;

  • (c) the impact that the designated project may have on any Indigenous group and 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;

  • (d) the purpose of and need for the designated project;

  • (e) alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;

  • (f) any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;

  • (g) Indigenous knowledge provided with respect to the designated project;

  • (h) the extent to which the designated project contributes to sustainability;

  • (i) the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;

  • (j) any change to the designated project that may be caused by the environment;

  • (k) the requirements of the follow-up program in respect of the designated project;

  • (l) considerations related to Indigenous cultures raised with respect to the designated project;

  • (m) community knowledge provided with respect to the designated project;

  • (n) comments received from the public;

  • (o) comments from a jurisdiction that are received in the course of consultations conducted under section 21;

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

  • (q) any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;

  • (r) any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project;

  • (s) the intersection of sex and gender with other identity factors; and

  • (t) any other matter relevant to the impact assessment that the Agency requires to be taken into account.

• Marginal note:Scope of factors

  (2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).

Federal Authority’s Obligation

Marginal note:Specialist or expert information

23 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to

• (a) the Agency;

• (b) the review panel; and

• (c) a government, an agency or body, or a jurisdiction that conducts an assessment of the designated project under a substituted process approved under section 31.

Impact Assessment by Agency

General Rules

Marginal note:Application only when no referral to review panel

24 Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.

Marginal note:Agency’s obligations

25 The Agency must ensure that

• (a) an impact assessment of the designated project is conducted; and

• (b) a report is prepared with respect to that impact assessment.

Marginal note:Information

• 26 (1) The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it.

• Marginal note:Studies and collection of information

  (2) However, if the Agency is of the opinion that there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.

Marginal note:Public participation

27 The Agency must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, within the time period specified by the Agency, in the impact assessment of a designated project.

Marginal note:Public notice in certain cases — draft report

• 28 (1) The Agency must ensure that a draft report with respect to the impact assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site:

  • (a) a copy of the draft report or an indication of how a copy may be obtained; and

  • (b) a notice that invites the public to provide comments on the draft report within the period specified.

• Marginal note:Final report submitted to Minister

  (2) After taking into account any comments received from the public, the Agency must, subject to subsection (5), finalize the report with respect to the impact assessment of the designated project and submit it to the Minister no later than 300 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site.

• Marginal note:Effects set out in report

  (3) The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, 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

  (3.1) Subject to section 119, the report must set out how the Agency, 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:Report — additional content

  (3.2) The report must also set out a summary of any comments received from the public, as well as the Agency’s recommendations with respect to any mitigation measures and follow-up program and the Agency’s rationale and conclusions.

• Marginal note:Copy posted on Internet site

  (4) A copy of the report or a summary of the report and an indication of how a copy of the report may be obtained must be posted on the Internet site on the day on which the report is submitted to the Minister.

• Marginal note:Time limit established by Agency — designated project

  (5) Before the commencement of the impact assessment, the Agency may establish

  • (a) a longer time limit than the time limit referred to in subsection (2) to allow the Agency 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; or

  • (b) a shorter time limit than the time limit referred to in subsection (2), for any reason that the Agency considers appropriate.

• Marginal note:Extension of time limit by Minister

  (6) The Minister may extend the time limit referred to in subsection (2) or any time limit established under subsection (5) by any period — up to a maximum of 90 days — that is necessary to permit the Agency 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

  (7) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) any number of times.

• Marginal note:Posting notices on Internet site

  (8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension.

• Marginal note:Suspending time limit

  (9) The Agency may suspend the time limit within which it must submit the report until any activity that is prescribed by a regulation 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

  (10) 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:Delegation

29 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

• 30 (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

• 31 (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

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

• (a) the impact assessment of which has been referred by the Minister to a review panel; or

• (b) that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act.

Marginal note:Conditions

• 33 (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.