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

Marginal note:Federal authority’s obligation

85 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.

Marginal note:Notice posted on Internet site

• 86 (1) Before making a determination under section 82 or 83, an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination.

• Marginal note:Notice of determination posted on Internet site

  (2) No sooner than 30 days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.

Marginal note:Power to designate physical activities

87 The Minister may, by order, designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmental effects.

Marginal note:Designation of class of projects

• 88 (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects.

• Marginal note:Projects excluded

  (2) Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1).

Marginal note:Notice inviting public comments

• 89 (1) If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted.

• Marginal note:Minister must consider public comments

  (2) The Minister must consider any comments received from the public in deciding whether to make the designation.

• Marginal note:Posting notice on Internet site

  (3) If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that includes a description of the physical activity, the class of physical activities or the class of projects, as the case may be, and the Minister’s reasons for making the designation.

Marginal note:Referral to Governor in Council

• 90 (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

• Marginal note:Referral through Minister

  (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.

• Marginal note:Governor in Council’s decision

  (3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.

Marginal note:Non-application — national emergency or emergency

91 Sections 82 and 83 do not apply to an authority in respect of a project

• (a) in relation to which there are matters of national security;

• (b) that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

• (c) that is to be carried out in response to an emergency, and the carrying out of the project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

Regional Assessments and Strategic Assessments

Regional Assessments

Marginal note:Regional assessments — region entirely on federal lands

92 The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.

Marginal note:Regional assessments — other regions

• 93 (1) If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands,

  • (a) the Minister may

    • (i) enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or

    • (ii) authorize the Agency to conduct the assessment; and

  • (b) the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.

• Marginal note:Committee — foreign state or international organization of states

  (2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.

• Marginal note:Committee — federal authority, etc.

  (3) In respect of an agreement or arrangement entered into under subparagraph (1)(a)(i), the Minister must

  • (a) establish or approve the committee’s terms of reference, including a specified time limit within which the assessment must be completed; and

  • (b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into.

Marginal note:Agency’s obligation to offer to consult

94 If the Agency conducts an assessment referred to in subsection 92 or 93, it must offer to consult and cooperate with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to the physical activities in respect of which the assessment is conducted.

Strategic Assessments

Marginal note:Assessments

• 95 (1) The Minister may establish a committee — or authorize the Agency — to conduct an assessment of

  • (a) any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or

  • (b) any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects.

• Marginal note:Minister’s power

  (2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.

General Rules

Marginal note:Committee’s mandate and appointment of members

• 96 (1) If the Minister establishes a committee under section 92 or 95, he or she must establish its terms of reference and appoint as a member of the committee one or more persons.

• Marginal note:Agency’s mandate

  (2) If the Minister authorizes the Agency to conduct an assessment under section 92, subsection 93(1) or section 95, he or she must establish the Agency’s terms of reference with respect to the assessment.

Marginal note:Minister’s obligations — request for assessment

• 97 (1) The Minister must respond, with reasons and within the prescribed time limit, to any request that an assessment referred to in section 92, 93 or 95 be conducted. The Minister must ensure that his or her response is posted on the Internet site.

• Marginal note:Committee’s or Agency’s obligation

  (2) When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.

Marginal note:Information available to public

98 Subject to section 119, the Agency, or the committee, must ensure that the information that it uses when conducting an assessment referred to in section 92, 93 or 95 is made available to the public.

Marginal note:Public participation

99 The Agency, or the committee, must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assessment referred to in section 92, 93 or 95 that it conducts.

Marginal note:Federal authority’s obligation

100 Every federal authority that is in possession of specialist or expert information or knowledge with respect to the physical activities in respect of which an assessment referred to in section 92 or 93 is conducted — or with respect to any policy, plan, program or issue in respect of which an assessment referred to in section 95 is conducted — must, on request, make that information or knowledge available to the committee or Agency that conducts the assessment within the specified period.

Marginal note:Application of section 53

101 Section 53 applies, with any necessary modifications, to a committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) and, for the purpose of applying section 53 to a committee, a reference in that section to a review panel is a reference to a committee.

Marginal note:Report to Minister

• 102 (1) On completion of the assessment that it conducts, the committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) or the Agency, as the case may be, must provide a report to the Minister.

• Marginal note:Indigenous knowledge

  (2) Subject to section 119, the report must set out how the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment.

Marginal note:Copy of report posted on Internet site

103 The Agency must post a copy of the report on the Internet site.

Canadian Impact Assessment Registry

Establishment of Registry

Marginal note:Canadian Impact Assessment Registry

• 104 (1) There is to be a registry called the Canadian Impact Assessment Registry, consisting of an Internet site and project files.

• Marginal note:Right of access

  (2) The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.

• Marginal note:Copy

  (3) For the purpose of facilitating public access to records included in the Registry, the Agency must ensure that a copy of any of those records is provided in a timely manner on request.

Internet Site

Marginal note:Establishment and maintenance

• 105 (1) The Agency must establish and maintain an Internet site that is available to the public.

• Marginal note:Contents — assessment conducted by Agency

  (2) The Agency must ensure that the following records and information relating to the impact assessment of the designated project that it conducts are posted and, subject to paragraph (4)(c), maintained on the Internet site:

  • (a) any public notice that is issued by the Agency to request the participation of the public in the impact assessment;

  • (b) a description of the factors to be taken into account in the impact assessment and of the scope of those factors;

  • (c) the report with respect to the impact assessment that is taken into account by the Minister under subsection 60(1) or (1.1), or a summary of the report and an indication of how a copy of the report may be obtained;

  • (d) any scientific information that the Agency receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;

  • (e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;

  • (f) notice of the Agency’s decision to terminate the impact assessment under section 73;

  • (g) any other information that the Agency considers appropriate, including information in the form of a list of relevant records and an indication of how a copy of them may be obtained;

  • (g.1) any public comments received during the impact assessment; and

  • (h) any other record or information prescribed by regulations made under paragraph 112(1)(f).

• Marginal note:Contents — assessment conducted by review panel

  (3) The Agency must ensure that, in the case of an assessment conducted by a review panel or an impact assessment completed under section 59, the following records or information are posted and, subject to paragraph (4)(c), maintained on the Internet site:

  • (a) the review panel’s terms of reference;

  • (b) any public notice that is issued by the review panel to request the participation of the public in an impact assessment;

  • (c) the report with respect to the review panel’s impact assessment referred to in section 55 or the impact assessment completed under section 59, or a summary of the report and an indication of how a copy of the report may be obtained;

  • (d) any scientific information that the Agency or the review panel receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;

  • (e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;

  • (f) notice of the termination of an assessment by the review panel under section 58;

  • (g) notice of the Minister’s decision to terminate an impact assessment under section 73;

  • (h) any other information that the Agency considers appropriate, including information in the form of a list of relevant documents and an indication of how a copy of them may be obtained;

  • (h.1) any public comments received in the course of the impact assessment; and

  • (i) any other record or information prescribed by regulations made under paragraph 112(1)(f).

• Marginal note:Management of Internet site

  (4) The Agency must determine

  • (a) what the form of the Internet site is to be and how it is to be kept;

  • (b) what information must be contained in any record required to be posted on the Internet site under this Act; and

  • (c) when information may be removed from the Internet site.