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 (S.C. 2019, c. 28)

R.S., c. P-21Privacy Act

Marginal note:1992, c. 37, s. 78

143 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

144 The schedule to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:

R.S., c. P-36Public Service Superannuation Act

Marginal note:1992, c. 37, s. 80

145 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

146 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act

Marginal note:1994, c. 10, s. 16(3)

147 Subsection 28(7) of the Canada Petroleum Resources Act is replaced by the following:

Marginal note:1994, c. 10, s. 17(2)

148 Subsection 35(4) of the Act is replaced by the following:

Marginal note:1994, c. 10, s. 18; 2007, c. 35, s. 151

• 149 (1) Subsections 101(2) to (3) of the Act are replaced by the following:

  • Marginal note:Privileged information or documentation

    (2) Subject to this section, information or documentation is privileged if it is provided for the purposes of this Act or the Canada Oil and Gas Operations Act, other than Part 0.1 of that Act, or any regulation made under either Act, or for the purposes of Part 8 of the Canadian Energy Regulator Act, whether or not the information or documentation is required to be provided.

  • Marginal note:Disclosure

    (2.1) Subject to this section, information or documentation that is privileged under subsection (2) shall not knowingly be disclosed without the consent in writing of the person who provided it, except for the purposes of the administration or enforcement of this Act, the Canada Oil and Gas Operations Act or Part 8 of the Canadian Energy Regulator Act or for the purposes of legal proceedings relating to its administration or enforcement.

  • Marginal note:Production and evidence

    (3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act, the Oil and Gas Production and Conservation Act or Part 8 of the Canadian Energy Regulator Act.

• Marginal note:2015, c. 4, s. 34(8)

  (2) The portion of subsection 101(10) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Safety or environmental protection

    (10) Subject to section 101.1, the Commission of the Canadian Energy Regulator or a person designated under section 4.1 of the Canada Oil and Gas Operations Act may disclose all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 5(1) of the Canada Oil and Gas Operations Act or to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulation made under that Act. The Commission or person is not, however, permitted to disclose information or documentation if they are satisfied that

Marginal note:2015, c. 4, s. 35

• 150 (1) Subsection 101.1(1) of the Act is replaced by the following:

  Marginal note:Notice — subsection 101(10)

  • 101.1 (1) If the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose any information or documentation under subsection 101(10), they shall make every reasonable effort to give the person who provided it written notice of their intention to disclose it.

• Marginal note:2015, c. 4, s. 35

  (2) Paragraph 101.1(3)(a) of the Act is replaced by the following:

  • (a) a statement that the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose information or documentation under subsection 101(10);

• Marginal note:2015, c. 4, s. 35

  (3) Paragraph 101.1(3)(c) of the Act is replaced by the following:

  • (c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed.

• Marginal note:2015, c. 4, s. 35

  (4) The portion of subsection 101.1(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Representations

    (4) If a notice is given to a person under subsection (1), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act shall

• Marginal note:2015, c. 4, s. 35

  (5) Paragraph 101.1(4)(a) of the English version of the Act is replaced by the following:

  • (a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed; and

• Marginal note:2015, c. 4, s. 35

  (6) Paragraph 101.1(5)(b) of the Act is replaced by the following:

  • (b) a statement that if no review is requested under subsection (7) within 20 days after the notice is given, the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act must disclose the information or documentation.

• Marginal note:2015, c. 4, s. 35

  (7) Subsection 101.1(6) of the Act is replaced by the following:

  • Marginal note:Disclosure of information or documentation

    (6) If, under paragraph (4)(b), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act decides to disclose the information or documentation, the Commission or the person must disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).

• Marginal note:2015, c. 4, s. 35

  (8) Subsection 101.1(7) of the English version of the Act is replaced by the following:

  • Marginal note:Review

    (7) Any person to whom the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after day on which the notice is given, apply to the Federal Court for a review of the decision.