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

Project Files

Marginal note:Establishment and maintenance

• 106 (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.

• Marginal note:Exception

  (2) The obligation set out in subsection (1) ends on the earliest of the following days:

  • (a) the day on which the Agency under subsection 16(1) decides that an impact assessment in respect of the designated project is not required;

  • (b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;

  • (c) the day on which the Minister issues a decision statement that informs the proponent of the designated project of the Minister’s, or the Governor in Council’s, determination that the effects referred to in paragraph 60(1)(a) or 62(a), as the case may be, that are likely to be, to some extent, significant are not justified in the public interest; and

  • (d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.

• Marginal note:Contents of project file

  (3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including

  • (a) all records posted on the Internet site;

  • (b) any report relating to the impact assessment;

  • (c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment;

  • (d) any records relating to the design or implementation of any follow-up program; and

  • (e) any records relating to the implementation of any mitigation measures.

General

Marginal note:Categories of available information

• 107 (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if

  • (a) it has otherwise been made publicly available; or

  • (b) the Minister determines

    • (i) that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

    • (ii) that there are reasonable grounds to believe that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.

• Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act

  (2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following:

  • (a) the information is deemed to be a record that the head of a government institution intends to disclose; and

  • (b) any reference to the person who requested access must be disregarded.

Marginal note:Protection from civil proceeding or prosecution

108 Despite any other Act of Parliament, no civil or criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Administration

Marginal note:Regulations — Governor in Council

109 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.

Marginal note:Amendment of Schedule 2

110 The Governor in Council may, by order, amend Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982.

Marginal note:Review of regulations

• 111 (1) The Agency must review, within the prescribed period, any regulations made under paragraph 109(b).

• Marginal note:Report

  (2) After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.

Marginal note:Regulations — Minister

• 112 (1) The Minister may make regulations

  • (a) prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1.1) and the documents referred to in paragraph 18(1)(b);

  • (a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;

  • (a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;

  • (a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;

  • (b) respecting the procedures, requirements and time periods relating to impact assessments, including the manner of designing a follow-up program;

  • (c) prescribing, for the purposes of any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;

  • (d) respecting a participant funding program established under section 75;

  • (e) designating, for the purposes of section 75, a physical activity or class of physical activities;

  • (e.1) prescribing the time limit referred to in subsection 97(1);

  • (f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and

  • (g) respecting the charging of fees for providing copies of documents contained in the Registry.

• Marginal note:Condition

  (2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.

• Marginal note:Written notice

  (3) A person or entity — federal authority, government or body — that proposes the carrying out of a physical activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so.

• Marginal note:Statutory Instruments Act

  (4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2).

• Marginal note:Regulation posted on Internet site

  (5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site.

Marginal note:Physical activity excluded

112.1 A physical activity or class of physical activities that is designated by the Minister under paragraph 112(1)(a.2) is excluded from the physical activities or class of physical activities that is designated by the Governor in Council under paragraph 109(b) if it meets the conditions established by the Minister.

Marginal note:Externally produced documents

• 113 (1) A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in section 2.

• Marginal note:Ambulatory incorporation by reference

  (2) A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.

• Marginal note:Accessibility of incorporated document

  (3) The Minister must ensure that any document incorporated by reference in a regulation is accessible.

• Marginal note:No registration or publication

  (4) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Marginal note:Minister’s powers

• 114 (1) For the purposes of this Act, the Minister may

  • (a) issue guidelines and codes of practice respecting the application of this Act;

  • (b) establish research and advisory bodies in the area of impact assessment, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons;

  • (c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects;

  • (d) if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to

    • (i) authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or

    • (ii) in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project,

      • (A) provide that the jurisdiction is considered to be a jurisdiction for the application of this Act on those lands, and

      • (B) authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to

    • (i) provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and

    • (ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

  • (f) enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest;

  • (g) establish criteria for the appointment of members of review panels; and

  • (h) establish criteria for the appointment of members of committees established under section 92 or 93.

• Marginal note:International agreements and arrangements

  (2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party.

• Marginal note:Opportunity for public to comment

  (3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.

• Marginal note:Availability to public

  (4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.

• Marginal note:Agreements or arrangements posted on Internet site

  (5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site.