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)

Full Document:

Assented to 2019-06-21

PART 1Impact Assessment Act (continued)

2 (1) The definition review panel in section 2 of the Impact Assessment Act is amended by adding the following after paragraph (b):
- (b.1) under subsection 46.1(1);
(2) The definition review panel in section 2 of the Act is amended by adding the following after paragraph (c):
- (c.1) under subsection 48.1(1);
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
Canada-Nova Scotia Offshore Petroleum Board
Canada-Nova Scotia Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Office Canada Nouvelle-Écosse des hydrocarbures extracôtiers)
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
Canada–Newfoundland and Labrador Offshore Petroleum Board
Canada–Newfoundland and Labrador Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Office Canada — Terre-Neuve-et-Labrador des hydrocarbures extracôtiers)

3 (1) Subsection 39(2) of the Act is amended by adding the following after paragraph (a):
- (a.1) the Canada-Nova Scotia Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act;
(2) Subsection 39(2) of the Act is amended by adding the following after paragraph (b):
- (c) the Canada-Newfoundland and Labrador Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.

4 (1) Subsection 41(2) of the Act is amended by adding the following after paragraph (b):
- (b.1) section 46.1;
(2) Subsection 41(2) of the Act is amended by adding the following after paragraph (c):
- (d) section 48.1.

5 (1) Section 43 of the Act is amended by adding the following after paragraph (a):
- (a.1) the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act;
(2) Section 43 of the Act is amended by adding the following after paragraph (b):
- (c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.

6 The Act is amended by adding the following after section 46:

46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation 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 Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four other members.
Marginal note: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.
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(b.1), on the recommendation of the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board.
Marginal note:Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.

7 The Act is amended by adding the following after section 48:

48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation 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 Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four other members.
Marginal note: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.
Marginal note:Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board.
Marginal note:Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.

8 (1) Paragraph 50(a) of the Act is amended by adding the following after subparagraph (ii):
- (ii.1) subsection 46.1(1),
(2) Paragraph 50(a) of the Act is amended by adding the following after subparagraph (iii):
- (iii.1) subsection 48.1(1);
(3) Section 50 of the Act is amended by adding the following after paragraph (b):
- (b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
  - (i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
  - (ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;
(4) Section 50 of the Act is amended by adding the following after paragraph (c):
- (d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
  - (i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
  - (ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources.