C-69 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act... 2019 6 21 28 2019 90865

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts ”.

SUMMARY

Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012 . Among other things, the Impact Assessment Act

(

a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;

(

b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;

(

c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;

(

d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;

(

e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act , the Canadian Energy Regulator Act , the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act ;

(

f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;

(

g) provides for public participation and for funding to allow the public to participate in a meaningful manner;

(

h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;

(

i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;

(

j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;

(

k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;

(

l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and

(

m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.

Part 2 enacts the Canadian Energy Regulator Act , which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.

The Canadian Energy Regulator Act , among other things,

(

a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;

(

b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;

(

c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;

(

d) provides for the regulation of international power lines and certain interprovincial power lines;

(

e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;

(

f) provides for the regulation of access to lands;

(

g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and

(

h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.

Part 2 also repeals the National Energy Board Act .

Part 3 amends the Navigation Protection Act to, among other things,

(

a) rename it the Canadian Navigable Waters Act ;

(

b) provide a comprehensive definition of navigable water ;

(

c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;

(

d) require that an owner apply for an approval for a major work in any navigable water if the work may interfere with navigation;

(

e) set out the factors that the Minister must consider when deciding whether to issue an approval;

(

f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;

(

g) provide the Minister with powers to address obstructions in any navigable water;

(

h) amend the criteria and process for adding a reference to a navigable water to the schedule;

(

i) require that the Minister establish a registry; and

(

j) provide for new measures for the administration and enforcement of the Act.

Part 4 makes consequential amendments to Acts of Parliament and regulations.

Preamble

Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;

Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;

Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;

Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision-making;

And

whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

PART 1

Impact Assessment Act

Enactment of Act

Enactment

The Impact Assessment Act , whose Schedules 1 to 4 are set out in the

schedule to this Act, is enacted as follows:

An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects

Preamble

Whereas the Government of Canada is committed to fostering sustainability;

Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;

Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;

Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;

Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by

section 35 of the Constitution Act, 1982 , and to fostering reconciliation and working in partnership with them;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;

Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;

Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;

Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;

Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;

And

whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the Impact Assessment Act .

Interpretation

Definitions

The following

definitions apply in this Act.

Agency means the Impact Assessment Agency of Canada that is continued under

section 153 . ( Agence )

analyst means a person or a member of a class of persons designated as an analyst under subsection 120 (1). ( analyste )

assessment by a review panel means an impact assessment that is conducted by a review panel. ( examen par une commission )

Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act . ( Régie canadienne de l’énergie )

Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by

section 8 of the Nuclear Safety and Control Act . ( Commission canadienne de sûreté nucléaire )

designated project means one or more physical activities that

(

a) are carried out in Canada or on federal lands; and

(

b) are designated by regulations made under paragraph 109 (

b) or designated in an order made by the Minister under subsection 9 (1).

It includes any physical activity that is incidental to those physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). ( projet désigné )

direct or incidental effects means effects that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of a physical activity or designated project, or to a federal authority’s provision of financial assistance to a person for the purpose of enabling that activity or project to be carried out, in whole or in part. ( effets directs ou accessoires )

effects means, unless the context requires otherwise, changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes. ( effets )

effects within federal jurisdiction means, with respect to a physical activity or a designated project,

(

a) a change to the following components of the environment that are within the legislative authority of Parliament:

(

i) fish and fish habitat , as defined in subsection 2(1) of the Fisheries Act ,

(ii)

aquatic species , as defined in subsection 2(1) of the Species at Risk Act ,

(iii)

migratory birds , as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994 , and

(iv)

any other component of the environment that is set out in

Schedule 3;

(

b) a change to the environment that would occur

(

i) on federal lands,

(ii)

in a province other than the one where the physical activity or the designated project is being carried out, or

(iii)

outside Canada;

(

c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on

(

i) physical and cultural heritage,

(ii)

the current use of lands and resources for traditional purposes, or

(iii)

any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;

(

d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and

(

e) any change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in

Schedule 3. ( effet relevant d’un domaine de compétence fédérale )

enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120 (1). ( agent de l’autorité )

environment means the components of the Earth, and includes

(

a) land, water and air, including all layers of the atmosphere;

(

b) all organic and inorganic matter and living organisms; and

(

c) the interacting natural systems that include components referred to in paragraphs (

a) and (b). ( environnement )

federal authority means

(

a) a Minister of the Crown in right of Canada;

(

b) an agency of the Government of Canada or a parent Crown corporation , as defined in subsection 83(1) of the Financial Administration Act , or any other body established by or under

an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

(

c) any department or departmental corporation that is set out in

Schedule I, I.1 or II to the Financial Administration Act ; and

(

d) any other body that is set out in

Schedule 1.

It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act , Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation , as defined in subsection 83 (1) of the Financial Administration Act , that is a wholly-owned subsidiary , as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act , that is not set out in

Schedule 1. ( autorité fédérale )

federal lands means

(

a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;

(

b) the following lands and areas:

(

i) the internal waters of Canada, in any area of the sea not within a province,

(ii)

the territorial sea of Canada, in any area of the sea not within a province,

(iii)

the exclusive economic zone of Canada, and

(iv)

the continental shelf of Canada; and

(

c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act , and all waters on and airspace above those reserves or lands. ( territoire domanial )

follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures. ( programme de suivi )

impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act. ( évaluation d’impact )

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by

section 35 of the Constitution Act, 1982 . ( corps dirigeant autochtone )

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. ( connaissances autochtones )

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada )

Internet site means the Internet site that is established under

section 105 . ( site Internet )

jurisdiction means

(

a) a federal authority;

(

b) any agency or body that is established under

an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

(

c) the government of a province;

(

d) any agency or body that is established under

an Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

(

e) any body — including a co-management body — established under a land claim agreement referred to in

section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

(

f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project

(

i) under a land claim agreement referred to in

section 35 of the Constitution Act, 1982 , or

(ii)

under

an Act of Parliament other than this Act or under

an Act of the legislature of a province, including a law that implements a self-government agreement;

(

g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114 (1)(e);

(

h) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

(

i) an international organization of states or any institution of such an organization. ( instance )

Minister means the Minister of the Environment. ( ministre )

mitigation measures means measures to eliminate, reduce, control or offset the adverse effects of a project or designated project, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. ( mesures d’atténuation )

prescribed means prescribed by the regulations. ( Version anglaise seulement )

proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. ( promoteur )

record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it. ( document )

Registry means the Canadian Impact Assessment Registry established under

section 104 . ( registre )

review panel means a review panel established

(

a) under

section 41 ;

(

b) under subsection 44 (1);

(

c) under subsection 47 (1);

(

d) under an agreement or arrangement entered into under subsection 39 (1) or (3); or

(

e) by document referred to in subsection 40 (2). ( commission )

sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations. ( durabilité )

Rights of Indigenous peoples of Canada

For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in

section 35 of the Constitution Act, 1982 .

Application

Non-application

This Act does not apply in respect of physical activities to be carried out wholly within lands described in

Schedule 2.

Her Majesty

Binding on Her Majesty

This Act is binding on Her Majesty in right of Canada or a province.

Purposes

Purposes

(1) The purposes of this Act are

(

a) to foster sustainability;

(

b) to protect the components of the environment, and the health, social and economic conditions that are within the legislative authority of Parliament from adverse effects caused by a designated project;

(b.1)

to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;

(

c) to ensure that impact assessments of designated projects take into account all effects — both positive and adverse — that may be caused by the carrying out of designated projects;

(

d) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid adverse effects within federal jurisdiction and adverse direct or incidental effects;

(

e) to promote cooperation and coordinated action between federal and provincial governments — while respecting the legislative competence of each — and the federal government and Indigenous governing bodies that are jurisdictions, with respect to impact assessments;

(

f) to promote communication and cooperation with Indigenous peoples of Canada with respect to impact assessments;

(

g) to ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by

section 35 of the Constitution Act, 1982 , in the course of impact assessments and decision-making under this Act;

(

h) to ensure that opportunities are provided for meaningful public participation during an impact assessment, a regional assessment or a strategic assessment;

(

i) to ensure that an impact assessment is completed in a timely manner;

(

j) to ensure that an impact assessment takes into account scientific information, Indigenous knowledge and community knowledge;

(

k) to ensure that an impact assessment takes into account alternative means of carrying out a designated project, including through the use of best available technologies;

(

l) to ensure that projects , as defined in

section 81 , that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects;

(

m) to encourage the assessment of the cumulative effects of physical activities in a region and the assessment of federal policies, plans or programs and the consideration of those assessments in impact assessments; and

(

n) to encourage improvements to impact assessments through the use of follow-up programs.

Mandate

(2) The Government of Canada, the Minister, the Agency and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters sustainability, respects the Government’s commitments with respect to the rights of the Indigenous peoples of Canada and applies the precautionary principle.

Application of principles to powers

(3) The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.

Prohibitions

Proponent

(1) Subject to subsection (3), the proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause any of the following effects:

(

a) a change to the following components of the environment that are within the legislative authority of Parliament:

(

i) fish and fish habitat , as defined in subsection 2(1) of the Fisheries Act ,

(ii)

aquatic species , as defined in subsection 2(1) of the Species at Risk Act ,

(iii)

migratory birds , as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994 , and

(iv)

any other component of the environment that is set out in

Schedule 3;

(

b) a change to the environment that would occur

(

i) on federal lands,

(ii)

in a province other than the one in which the act or thing is done, or

(iii)

outside Canada;

(

c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on

(

i) physical and cultural heritage,

(ii)

the current use of lands and resources for traditional purposes, or

(iii)

any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;

(

d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; or

(

e) any change to a health, social or economic matter within the legislative authority of Parliament that is set out in

Schedule 3.

Schedule 3

(2) The Governor in Council may, by order, amend

Schedule 3 to add or remove a component of the environment or a health, social or economic matter.

Conditions

(3) The proponent of a designated project may do

an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause any of the effects described in subsection (1) if

(

a) the Agency makes a decision under subsection 16 (1) that no impact assessment of the designated project is required and posts that decision on the Internet site;

(

b) the proponent complies with the conditions included in the decision statement that is issued to the proponent under

section 65 with respect to that designated project and is not expired or revoked; or

(

c) the Agency permits the proponent to do that act or thing, subject to any conditions that it establishes, for the purpose of providing to the Agency the information or details that it requires in order to prepare for a possible impact assessment of that designated project or for the purpose of providing to the Agency or a review panel the information or studies that it considers necessary for it to conduct the impact assessment of that designated project.

Conditions — agreement with Indigenous governing body

(4) Despite paragraph (1)(d), the proponent of a designated project may do

an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause a change described in that paragraph in relation to an Indigenous group, community or people that holds rights recognized and affirmed by

section 35 of the Constitution Act, 1982 if the change is not adverse and the council, government or other entity that is authorized to act on behalf of the Indigenous group, community or people and the proponent have agreed that the act or thing may be done.

Federal authority

A federal authority must not exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part and must not provide financial assistance to any person for the purpose of enabling that designated project to be carried out, in whole or in part, unless

(

a) the Agency makes a decision under subsection 16 (1) that no impact assessment of the designated project is required and posts that decision on the Internet site; or

(

b) the decision statement with respect to the designated project that is issued to the proponent of the designated project under

section 65 sets out that the effects that are indicated in the report with respect to the impact assessment of that project are in the public interest.

Designation of Physical Activity

Minister’s power to designate

(1) The Minister may, on request or on his or her own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109 (

b) if, in his or her opinion, either the carrying out of that physical activity may cause adverse effects within federal jurisdiction or adverse direct or incidental effects, or public concerns related to those effects warrant the designation.

Factors to be taken into account

(2) Before making the order, the Minister may consider adverse impacts that a 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 as well as any relevant assessment referred to in

section 92 , 93 or 95 .

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).

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.

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.

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.

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.

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).

Planning Phase

Obligations

Proponent’s obligation — description of designated project

(1) The proponent of a designated project must provide the Agency with an initial description of the project that includes the information prescribed by regulations made under paragraph 112(1)(a).

Copy posted on Internet site

(2) The Agency must post a copy of the description on the Internet site.

Public participation

The Agency must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, in its preparations for a possible impact assessment of a designated project, including by inviting the public to provide comments within the period that it specifies.

Agency’s obligation — offer to consult

For the purpose of preparing for a possible impact assessment of a designated project, the Agency must offer to consult with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project and any Indigenous group that may be affected by the carrying out of the designated project.

Federal authority’s obligation

(1) Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request and within the period that it specifies, make that information or knowledge available to the Agency.

Engaging proponent

(2) Every federal authority that has powers, duties or functions conferred on it under any Act of Parliament other than this Act with respect to a designated project that is the subject of the Agency’s preparations — including the Canadian Energy Regulator, the Canadian Nuclear Safety Commission, the Canada-Nova Scotia Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board — must, on the Agency’s request, engage the proponent of the designated project in order that the federal authority may specify to the proponent the information, if any, that it may require in order to exercise those powers or perform those duties or functions.

Agency’s obligation —

summary of issues

(1) The Agency must provide the proponent of a designated project with a

summary of issues with respect to that project that it considers relevant, including issues that are raised by the public or by any jurisdiction or Indigenous group that is consulted under

section 12 , and with any information or knowledge made available to it by a federal authority that the Agency considers appropriate.

Copy posted on Internet site

(2) The Agency must post on the Internet site a copy of the

summary of issues that it provided to the proponent.

Proponent’s obligation — notice

(1) The proponent must provide the Agency with a notice that sets out, in accordance with the regulations, how it intends to address the issues referred to in

section 14 and a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(1)(a).

Additional information

(2) If, after receiving the notice from the proponent, the Agency is of the opinion that a decision cannot be made under subsection 16 (1) because the description or the prescribed information set out in the notice is incomplete or does not contain sufficient details, the Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies.

Copy posted on Internet site

(3) When the Agency is satisfied that the notice includes all of the information or details that it specified, it must post a copy of the notice on the Internet site.

Decisions Regarding Impact Assessments

Agency’s Decision

Decision

(1) After posting a copy of the notice on the Internet site under subsection 15(3), the Agency must decide whether an impact assessment of the designated project is required.

Factors

(2) In making its decision, the Agency must take into account the following factors:

(

a) the description referred to in

section 10 and any notice referred to in

section 15 ;

(

b) the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects;

(

c) 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) any comments received within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under

section 12;

(

e) any relevant assessment referred to in

section 92 , 93 or 95 ;

(

f) any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; and

(

g) any other factor that the Agency considers relevant.

Posting notice on Internet site

(3) The Agency must post a notice of its decision and the reasons for it on the Internet site.

Minister’s Notice

Minister’s obligation

(1) If, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), a federal authority advises the Minister that it will not be exercising a power conferred on it under

an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part, or the Minister is of the opinion that it is clear that the designated project would cause unacceptable environmental effects within federal jurisdiction, the Minister must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion.

Copy posted on Internet site

(2) The Agency must post a copy of the notice on the Internet site.

Information Gathering

Notice of commencement

(1) If the Agency decides that an impact assessment of a designated project is required — and the Minister does not approve the substitution of a process under

section 31 in respect of the designated project — the Agency must, within 180 days after the day on which it posts a copy of the description of the designated project under subsection 10 (2), provide the proponent of that project with

(

a) a notice of the commencement of the impact assessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and

(

b) any documents that are prescribed by regulations made under paragraph 112(1)(a), including tailored guidelines regarding the information or studies referred to in paragraph (

a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits.

Factors to consider — information or studies

(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment.

Scope of factors

(1.2) The scope of the factors referred to in paragraphs 22(1)(

a) to (f), (

h) to (

l) and (

s) and (

t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.

Copy posted on Internet site

(2) The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site.

Extension of time limit

(3) The Agency may, on request of any jurisdiction referred to in paragraphs (

c) to (

g) of the definition jurisdiction in

section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).

Posting notice on Internet site

(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site.

Suspending time limit

(5) The Agency may suspend the time limit within which it must provide the notice of the commencement of the impact assessment 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.

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.

Time limit for information or studies

(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.

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.

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.

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.

Termination of impact assessment

(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.

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

Agency’s or Minister’s obligations

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

Factors — impact assessment

(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.

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

Specialist or expert information

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

Application only when no referral to review panel

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.

Agency’s obligations

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.

Information

(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.

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.

Public participation

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.

Public notice in certain cases — draft report

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Delegation

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.

Non-disclosure

(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.

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

Minister’s power

(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.

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.

Minister must consider public comments

(3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.

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.

Exceptions

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 .

Conditions

(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.

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.

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.

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.

Availability

(4) The conditions referred to in paragraph (1)(

i) must be made available to the public.

Assessment considered in conformity

If the Minister approves the substitution of a process under

section 31 , the assessment that results from the substituted process is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment.

Additional information

If, after taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister at the end of the assessment under the substituted process approved under

section 31 , the Agency is of the opinion that additional information is required for the purposes of subsection 60(1), it may require the proponent of the designated project to provide the additional information to the Minister or may make a request to the jurisdiction that followed the process to provide that information to the Minister.

Impact Assessment by a Review Panel

General Rules

Referral to review panel

(1) Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel.

Public interest

(2) The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:

(

a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse;

(

b) public concerns related to those effects;

(

c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and

(

d) 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 .

Suspending time limit

(3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a review panel 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.

Notice posted on Internet site

(4) 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.

Posting notice on Internet site

(5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.

Time limit

(1) If the Minister refers the impact assessment of a designated project to a review panel, the Agency must establish the following time limits:

(

a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

(

b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

Limit of 600 days

(2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to allow the review panel 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.

Extension of time limit by Minister

(3) The Minister may extend the time limit established under paragraph (1)(

a) by any period — up to a maximum of 90 days — that is necessary to permit the review panel to cooperate with a jurisdiction referred to in

section 21 or to take into account circumstances that are specific to the designated project.

Extension of time limit by Governor in Council

(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.

Posting notices on Internet site

(5) The Agency must post the following items on the Internet site:

(

a) the Agency’s reasons for establishing the time limits under subsection (1);

(

b) a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension; and

(

c) a notice of any extension granted under subsection (4).

Suspending time limit

(6) The Agency may suspend the time limit within which the review panel must submit the report 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.

Notice posted on Internet site

(7) 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.

Time limit

37.1

(1) Despite

section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in

section 43, the Agency must establish the following time limits:

(

a) the time limit, after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

(

b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

Limit of 300 days

(2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site.

Factors to consider

(3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days.

Application

(4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.

Studies and collection of information

When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.

Agreement to jointly establish review panel

(1) When the Minister refers the impact assessment of a designated project to a review panel, he or she may enter into an agreement or arrangement 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 an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

Limitation

(2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with

(

a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act ; or

(

b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act .

Other jurisdiction

(3) When the Minister refers the impact assessment of a designated project to a review panel, 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 the definition jurisdiction in

section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.

Posting on Internet site

(4) Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.

Mackenzie Valley Resource Management Act

(1) When a proposal is referred to the Minister under paragraph 130(1)(

c) of the Mackenzie Valley Resource Management Act , the Minister must refer the proposal to a review panel.

Document establishing review panel

(2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.

If no agreement

(3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act , no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted.

Coordination with environmental impact review

(4) The Minister must, to the extent possible, ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act .

Consultations

(5) Before making a referral under

section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act.

Report taken into account

(6) Before making its decision under

section 62 in relation to the proposal, the Governor in Council must take into account any report referred to in subsection (5) and any information that the Minister provides to the Governor in Council following the consultations referred to in that subsection.

Posting on Internet site

(7) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.

Terms of reference and appointment of members

(1) If the impact assessment of a designated project is referred to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.

Restriction

(2) Subsection (1) is subject to the following sections:

(

a) section 42 ;

(

b) section 44 ;

(

c) section 47 .

Provisions of agreement

When there is an agreement or arrangement to jointly establish a review panel under subsection 39 (1) or (3), or when there is a document jointly establishing a review panel under subsection 40 (2), the agreement, arrangement or document must provide that the impact assessment of the designated project includes a consideration of the factors set out in subsection 22 (1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that

(

a) the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish or approve the review panel’s terms of reference, which are to include the time limit established under paragraph 37(1)(a);

(

b) the Minister may, at any time, modify the terms of reference in order to reflect an extension of the time limit granted under subsection 37 (3) or (4);

(

c) the Agency must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — appoint the chairperson, or a co-chairperson, and at least one other member of the review panel; and

(

d) the members of the panel must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.

Obligation to refer

The Minister must refer the impact assessment of a designated project to a review panel if the project includes physical activities that are regulated under any of the following Acts:

(

a) the Nuclear Safety and Control Act ;

(

b) the Canadian Energy Regulator Act.

Terms of reference — Nuclear Safety and Control Act

(1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, appoint the chairperson and at least two other members.

Appointment of members

(2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.

Appointment from roster

(3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50 (b), on the recommendation of the President of the Canadian Nuclear Safety Commission.

Not majority

(4) The persons appointed from the roster must not constitute a majority of the members of the panel.

Impact assessment to be used

The impact assessment conducted by a review panel established under subsection 44 (1) is the only assessment that the Canadian Nuclear Safety Commission may use for the purpose of issuing the licence referred to in the panel’s terms of reference.

Powers in relation to Nuclear Safety and Control Act

For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act , including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Canadian Nuclear Safety Commission.

Terms of reference — Canadian Energy Regulator Act

(1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act to a review panel, the Minister must — within 45 days after the day on which the notice referred to in subsection 19(4) with respect to the designated project is posted on the Internet site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least two other members.

Appointment of members

(2) The persons appointed to the review panel under subsection (1) must be unbiased and free from any conflict of interest relative to the designated project and must have knowledge or experience relevant to the designated project’s anticipated effects or have knowledge of the interests and concerns of the Indigenous peoples of Canada that are relevant to the assessment.

Appointment from roster

(3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50 (c), on the recommendation of the Lead Commissioner of the Canadian Energy Regulator.

Not majority

(4) The persons appointed from the roster must not constitute a majority of the members of the panel.

Powers in relation to Canadian Energy Regulator Act

For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act , including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Commission that is referred to in subsection 26(1) of that Act.

Summary and information

In establishing or approving a panel’s terms of reference, the Minister must consider, among other things, the

summary of issues and the information or knowledge referred to in

section 14 .

Establishment of roster

(1) The Minister must establish the following rosters:

(

a) a roster of persons who may be appointed as members of a review panel established under any of the following:

(

i) section 41 ,

(ii)

subsection 44 (1),

(iii)

subsection 47 (1),

(iv)

an agreement, arrangement or document referred to in

section 42 ;

(

b) a roster of persons who are members of the Canadian Nuclear Safety Commission and who may be appointed as members of a review panel established under subsection 44 (1);

(

c) a roster of persons who are commissioners under the Canadian Energy Regulator Act and who may be appointed as members of a review panel established under subsection 47 (1).

Establishment of roster — Nuclear Safety and Control Act

(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act .

Establishment of roster — Canadian Energy Regulator Act

(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act .

Review panel’s duties

(1) A review panel must, in accordance with its terms of reference,

(

a) conduct an impact assessment of the designated project;

(

b) ensure that the information that it uses when conducting the impact assessment is made available to the public;

(

c) hold hearings in a manner that offers the public an opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the impact assessment;

(

d) prepare a report with respect to the impact assessment that

(

i) sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project,

(ii)

indicates which of the effects referred to in subparagraph (

i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are significant,

(ii.1)

subject to

section 119, sets out how the review panel, 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,

(iii)

sets out a

summary of any comments received from the public, and

(iv)

sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;

(

e) submit the report with respect to the impact assessment to the Minister; and

(

f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.

Duties in relation to Nuclear Safety and Control Act

(2) A review panel established under subsection 44 (1) must, in accordance with its terms of reference, include in the report that it prepares the information necessary for the licence referred to in the panel’s terms of reference to be issued under

section 24 of the Nuclear Safety and Control Act in relation to the designated project that is the subject of the report.

Duties in relation to Canadian Energy Regulator Act

(3) A review panel established under subsection 47 (1) must, in accordance with its terms of reference, include in the report that it prepares the conclusions or recommendations necessary for a certificate, order, permit, licence or authorization to be issued, a leave or an exemption to be granted or a direction or approval to be given under the Canadian Energy Regulator Act in relation to the designated project that is the subject of the report.

Information

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

Studies and collection of information

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

Power to summon witnesses

(1) A review panel has the power to summon any person to appear as a witness before it and to order the witness to

(

a) give evidence, orally or in writing; and

(

b) produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project.

Enforcement powers

(2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record.

Hearings to be public

(3) A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1).

Non-disclosure

(4) If a review panel 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.

Non-disclosure

(5) If a review panel 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 review panel’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.

Enforcement of summonses and orders

(6) Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure.

Immunity

(7) No action or other proceeding lies against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.

Informal proceedings

A review panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of hearings and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the rules of evidence.

Copy posted on Internet site

On receiving a report with respect to the impact assessment of the designated project by a review panel, the Minister must ensure that a copy of the report is posted on the Internet site.

Recommendations

55.1

(1) The Agency must make recommendations to assist the Minister in establishing conditions under

section 64 in respect of the designated project that is the subject of a report referred to in

section 55.

Recommendations posted on Internet site

(2) The Agency must post its recommendations on the Internet site.

Studies and collection of information

The Minister may, before making a referral under

section 61 , require the proponent of the designated project to collect any information or undertake any studies that are necessary for the Governor in Council to make a determination under

section 62 .

Confidential Information

Non-disclosure

If the Agency is of the opinion that, in respect of a review panel to which it is providing or has provided support under paragraph 156 (1)(a), the disclosure of a record would reveal the substance of the panel’s deliberations in relation to an impact assessment that the panel is conducting or has conducted, the Agency may refuse to disclose the record to any person who is not a member of the review panel.

Rules in Case of Termination

Power to terminate

(1) The Minister may terminate the assessment by a review panel of a designated project if

(

a) he or she is of the opinion that the review panel will not submit its report within the time limit established under paragraph 37(1)(a), including any extension of that time limit; or

(

b) the review panel fails to submit its report within that time limit, including any extension of that time limit.

Preliminary consultations

(2) Before the Minister exercises the power referred to in subsection (1) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must

(

a) in the case of an agreement or arrangement referred to in subsection 39 (1), consult with the jurisdiction with which the agreement or arrangement was entered into;

(

b) in the case of an agreement or arrangement referred to in subsection 39 (3), obtain the approval of the Minister of Foreign Affairs and consult with the jurisdiction with which the agreement or arrangement was entered into; and

(

c) in the case of a document referred to in subsection 40 (2), consult with the Mackenzie Valley Environmental Impact Review Board.

Preliminary consultations — other

(3) The Minister must, before he or she exercises the power referred to in subsection (1) with respect to one of the following review panels,

(

a) in the case of a review panel established under subsection 44 (1), consult with the President of the Canadian Nuclear Safety Commission; and

(

b) in the case of a review panel established under subsection 47 (1), consult with the Lead Commissioner of the Canadian Energy Regulator.

Completion of impact assessment by Agency

(1) When the assessment by a review panel of a designated project is terminated under

section 58 , the Agency must, in accordance with directives provided by the Minister, complete the impact assessment of the designated project and prepare a report and submit it to the Minister.

Effects set out in report

(2) 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.

Report — Indigenous knowledge

(3) 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.

Decision-Making

Minister’s decision

(1) After taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister under subsection 28 (2) or at the end of the assessment under the process approved under

section 31 , the Minister must

(

a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in

section 63 and the extent to which those effects are significant, in the public interest; or

(

b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (

a) are, in light of the factors referred to in

section 63 and the extent to which those effects are significant, in the public interest.

Notice posted on Internet site

(2) If the Minister refers the matter to the Governor in Council, he or she must ensure that a notice of the referral and the reasons for it are posted on the Internet site.

Referral to Governor in Council

(1) After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under

section 55 or that is submitted to the Minister under

section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council the matter of determining whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in

section 63 and the extent to which those effects are significant, in the public interest.

Definition of responsible Minister

(1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

(

a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act ;

(

b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act .

Responsible Minister’s obligation

(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act , the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

(

a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

(

b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.

Governor in Council’s determination

If the matter is referred to the Governor in Council under paragraph 60 (1)(

b) or

section 61 , the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project that is the subject of the referral, determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in

section 63 and the extent to which those effects are significant, in the public interest.

Factors — public interest

The Minister’s determination under paragraph 60 (1)(

a) in respect of a designated project referred to in that subsection, and the Governor in Council’s determination under

section 62 in respect of a designated project referred to in that subsection, must be based on the report with respect to the impact assessment and a consideration of the following factors:

(

a) the extent to which the designated project contributes to sustainability;

(

b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;

(

c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;

(

d) 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 ; and

(

e) 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.

Conditions — effects within federal jurisdiction

(1) If the Minister determines under paragraph 60 (1)(a), or the Governor in Council determines under

section 62 , that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate in relation to the adverse effects within federal jurisdiction with which the proponent of the designated project must comply.

Conditions — direct or incidental effects

(2) If the Minister determines under paragraph 60 (1)(a), or the Governor in Council determines under

section 62 , that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate — that is directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that designated project — in relation to the adverse direct or incidental effects with which the proponent of the designated project must comply.

Conditions subject to exercise of power or performance of duty or function

(3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance.

Mitigation measures and follow-up program

(4) The conditions referred to in subsections (1) and (2) must include

(

a) the implementation of the mitigation measures that the Minister takes into account in making a determination under paragraph 60 (1)(a), or that the Governor in Council takes into account in making a determination under

section 62 , other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and

(

b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.

Decision Statement

Decision statement issued to proponent

(1) The Minister must issue a decision statement to the proponent of a designated project that

(

a) informs the proponent of the determination made under paragraph 60 (1)(

a) or

section 62 in relation to that project and the reasons for the determination;

(

b) includes any conditions that are established under

section 64 in relation to the designated project and that must be complied with by the proponent;

(

c) sets out the period established under subsection 70 (1); and

(

d) includes a description of the designated project.

Detailed reasons

(2) The reasons for the determination must demonstrate that the Minister or the Governor in Council, as the case may be, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in

section 63.

Time limit of decision statement — Minister’s determination

(3) When the Minister makes a determination under paragraph 60 (1)(a), he or she must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a

summary of that report, is posted on the Internet site.

Time limit of decision statement — Governor in Council’s decision

(4) When the Governor in Council makes a determination under

section 62 , the Minister must issue the decision statement no later than 90 days after

(

a) the day on which the report with respect to the impact assessment of the designated project, or a

summary of that report, is posted on the Internet site, if the report is submitted to the Minister under subsection 28(2) or

section 59 or at the end of the assessment under the process approved under

section 31; or

(

b) the day on which the Agency posts its recommendations on the Internet site under subsection 55.1(2), if the recommendations are in respect of a designated project that is the subject of a report received by the Minister under

section 55.

Extension of time limit by Minister

(5) The Minister may extend the time limit referred to in subsection (3) or (4) by any period — up to a maximum of 90 days — for any reason that the Minister considers necessary.

Extension of time limit by Governor in Council

(6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.

Proponent informed of extension

(7) The Minister must inform the proponent in writing of any extension granted under this

section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.

Posting of decision statement on Internet site

The Agency must post on the Internet site any decision statement that the Minister issues under

section 65 .

Decision statement considered to be part of licence under Nuclear Safety and Control Act

(1) The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act , designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under

section 24 of that Act in relation to the designated project.

Decision statement considered part of certificate, etc., under Canadian Energy Regulator Act

(2) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project.

Decision statement considered to be part of authorization, etc., under Canada Oil and Gas Operations Act

(3) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project.

Non-application

(3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project.

Non-application

(4) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.

Minister’s power — decision statement

(1) The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it.

Limitation — condition

(2) The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.

Limitation and application

(3) The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64 (1) or (2). Subsection 64 (3) applies with respect to the new or amended condition if it could be established under subsection 64 (2).

Limitation — Nuclear Safety and Control Act

(4) The Minister is not permitted to amend or remove a condition designated under subsection 67 (1) and is not permitted to designate, under that subsection, any condition added under this section.

Public notice — amendment to decision statement

(1) If the Minister intends to amend a decision statement under

section 68 , the Minister must ensure that the following are posted on the Internet site:

(

a) a draft of the amended decision statement; and

(

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

Posting of amended decision statement on Internet site

(2) If, after taking into account any comments received from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site.

Minister’s obligation

(1) The Minister must, after considering any views provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project.

Extension

(2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site.

Expiry of decision statement

(3) If the proponent does not substantially begin to carry out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period.

Notice posted on Internet site

(4) The Agency must post on the Internet site a notice that a decision statement has expired.

Revocation of decision statement

If the proponent of a designated project advises the Minister in writing that the designated project will not — or will no longer — be carried out, the Minister may revoke the decision statement issued in respect of that project.

Amending decision statement — information

(1) The Minister may, before amending a decision statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement.

Offer to consult

(2) If the decision statement is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in

section 67 , the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be.

Offer to consult — Nuclear Safety and Control Act

(3) Before the Minister amends any portion of a decision statement referred to in subsection 67 (1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.

Termination of Impact Assessment

Termination by Agency or Minister

The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.

Confidential Information

No disclosure

Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.

Participant Funding Programs

Agency’s obligation

(1) The Agency must establish a participant funding program to facilitate the participation of the public in

(

a) the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(1)(

e) or that are part of a class of activities designated by those regulations;

(

b) the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(1)(

e) or that are not part of a class of activities designated by those regulations; and

(

c) regional assessments and strategic assessments.

Exception

(2) The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under

section 31 .

Cost Recovery

Regulations

(1) The Governor in Council may make regulations

(

a) providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and

(

b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency.

Proponent’s obligation to pay costs

(2) If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency

(

a) any costs that the Agency or review panel incurs for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and

(

b) any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function.

Service Fees Act

(3) The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)(b).

Powers exercised, duties and functions performed during a given period

For the purposes of

section 76 , the powers, duties and functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10 (1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed.

Expenditure of fees, charges, etc.

The Agency may spend for any prescribed purpose the fees, charges, levies, costs and amounts referred to in

section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year.

Debt due to Her Majesty

The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under

section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Unpaid fees, charges, etc.

If a proponent does not pay a fee, charge, levy, cost or amount referred to in

section 76 that they owe within 90 days after the day on which it is due,

(

a) the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or

(

b) the Minister may, if an impact assessment of any designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.

Duties of Certain Authorities in Relation to Projects

Definitions

The following

definitions apply in this

section and sections 82 to 91 .

authority means

(

a) a federal authority; and

(

b) any other body that is set out in

Schedule 4. ( autorité )

environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. ( effets environnementaux )

project means

(

a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and

(

b) a physical activity that is designated under

section 87 or that is part of a class of physical activities that is designated under that section. ( projet )

Project carried out on federal lands

An authority must not carry out a project on federal lands, exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless

(

a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

(

b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90 (3), that those effects are justified in the circumstances.

Project outside Canada

A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless

(

a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

(

b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90 (3), that those effects are justified in the circumstances.

Factors

(1) An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors:

(

a) any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by

section 35 of the Constitution Act, 1982 ;

(

b) Indigenous knowledge provided with respect to the project;

(

c) community knowledge provided with respect to the project;

(

d) comments received from the public under subsection 86 (1); and

(

e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.

Factors — project outside Canada

(2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(

a) and (b).

Federal authority’s obligation

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.

Notice posted on Internet site

(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.

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.

Power to designate physical activities

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.

Designation of class of projects

(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.

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).

Notice inviting public comments

(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.

Minister must consider public comments

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

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.

Referral to Governor in Council

(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.

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.

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.

Non-application — national emergency or emergency

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

Regional assessments — region entirely on federal lands

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.

Regional assessments — other regions

(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.

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.

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