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)
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Assented to 2019-06-21
PART 4Consequential and Coordinating Amendments and Coming into Force (continued)
Consequential Amendments (continued)
1998, c. 25Mackenzie Valley Resource Management Act (continued)
Marginal note:2014, c. 2, s. 220
167 Subsection 138.1(1) of the Act is replaced by the following:
Marginal note:Agreement — national interest referral
138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.
Marginal note:2014, c. 2, s. 223(1)
168 (1) Paragraph 141(2)(a) of the Act is replaced by the following:
(a) enter into an agreement with the Minister of the Environment in accordance with subsection 39(1) of the Impact Assessment Act to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and
Marginal note:2014, c. 2, s. 223(3)
(2) Paragraph 141(3)(b) of the Act is replaced by the following:
(b) with the Minister of the Environment if that Minister is authorized under subsection 39(1) of the Impact Assessment Act to enter into such an agreement.
Marginal note:2014, c. 2, s. 226(4)
169 Subsection 143(3) of the Act is replaced by the following:
Marginal note:Exemptions
(3) No development is to be exempted for a reason set out in paragraph 124(1)(b) if it is a designated project or belongs to a class of designated projects, within the meaning of the Impact Assessment Act, by virtue of regulations made under paragraph 109(1)(b) of that Act.
170 The schedule to the Act is amended by striking out the following:
National Energy Board
Office national de l’énergie
171 The schedule to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
2002, c. 7Yukon Act
172 Subsection 76(1) of the Yukon Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
2002, c. 10Nunavut Waters and Nunavut Surface Rights Tribunal Act
173 Subsection 77(10) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:
Marginal note:Duties of registrars
(10) The provisions of section 210 of the Canadian Energy Regulator Act relating to plans, profiles and books of reference deposited with land registrars under that Act and the duties of land registrars with respect to those plans, profiles and books, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9).
2002, c. 29Species at Risk Act
Marginal note:2012, c. 19, s. 165
174 Subsection 77(1.1) of the Species at Risk Act is repealed.
Marginal note:2012, c. 19, s. 59(1)
175 (1) Subsection 79(1) of the Act is replaced by the following:
Marginal note:Notification of Minister
79 (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 82(a) or (b) of the Impact Assessment Act in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.
Marginal note:2012, c. 19, s. 59(2)
(2) The definition person in subsection 79(3) of the Act is replaced by the following:
- person
person includes an association, an organization, a federal authority as defined in section 2 of the Impact Assessment Act, and any body that is set out in Schedule 4 to that Act. (personne)
Marginal note:2012, c. 19, s. 59(2)
(3) Paragraph (a) of the definition project in subsection 79(3) of the Act is replaced by the following:
- project
project means
(a) a designated project as defined in section 2 of the Impact Assessment Act or a project as defined in section 81 of that Act;
2003, c. 7Yukon Environmental and Socio-economic Assessment Act
176 Section 87 of the Yukon Environmental and Socio-economic Assessment Act is replaced by the following:
Marginal note:Federal independent regulatory agencies
87 (1) A federal independent regulatory agency must not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the Canadian Energy Regulator, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.
Marginal note:Conformity with decision document
(2) A federal independent regulatory agency, other than the Canadian Energy Regulator, must
(a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and
(b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.
Marginal note:Commission of the Canadian Energy Regulator
(3) The Commission of the Canadian Energy Regulator must
(a) when it requires that a project be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister; and
(b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.
Marginal note:Canadian Energy Regulator
(4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project.
177 Part 1 of the schedule to the Act is amended by striking out the following under the heading “Federal Independent Regulatory Agencies”:
National Energy Board
Office national de l’énergie
178 Part 1 of the schedule to the Act is amended by adding the following, in alphabetical order, under the heading “Federal Independent Regulatory Agencies”:
Canadian Energy Regulator
Régie canadienne de l’énergie
2005, c. 48First Nations Oil and Gas and Moneys Management Act
Marginal note:2012, c. 19, s. 61
179 Subsection 2(2) of the First Nations Oil and Gas and Moneys Management Act is replaced by the following:
Marginal note:Expressions in Impact Assessment Act
(2) In this Act, environment has the same meaning as in section 2 of the Impact Assessment Act and environmental effects has the same meaning as in section 81 of that Act.
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