Impact Assessment Act

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 direct or incidental adverse effects, and specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they 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 take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of 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 take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21.

• 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) by any period that is necessary to take into account circumstances that are specific to the designated project or to allow the Agency to cooperate with a jurisdiction referred to in section 21.

• 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.