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)
Coordinating Amendments
Marginal note:2002, c. 7
189 In sections 190 and 191, other Act means the Yukon Act.
190 (1) If section 210 of the other Act comes into force before section 10 of this Act, then that section 10 is amended by replacing the subsection 318(1) that it enacts with the following:
Marginal note:Consent of Yukon first nation or Governor in Council
318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(2) If section 10 of this Act comes into force before section 210 of the other Act, then that section 210 and the heading before it are replaced by the following:
Canadian Energy Regulator Act
210 Subsection 318(1) of the Canadian Energy Regulator Act is replaced by the following:
Marginal note:Consent of Yukon first nation or Governor in Council
318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(3) If section 210 of the other Act and section 10 of this Act come into force on the same day, then section 210 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence.
191 (1) If section 211 of the other Act comes into force before section 10 of this Act, that section 10 is amended by replacing the section 328 that it enacts with the following:
Marginal note:Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land
328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights.
(2) If section 10 of this Act comes into force before section 211 of the other Act, that section 211 is replaced by the following:
211 Section 328 of the Act is replaced by the following:
Marginal note:Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land
328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights.
(3) If section 211 of the other Act and section 10 of this Act come into force on the same day, then section 211 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence.
Marginal note:2014, c. 2
192 (1) In this section, other Act means the Northwest Territories Devolution Act, chapter 2 of the Statutes of Canada, 2014.
(2) If subsection 115(2) of the other Act comes into force before section 1 of this Act, then
(a) sections 164 and 184 of this Act are repealed; and
(b) on the day on which section 1 of this Act comes into force, paragraph 5.2(1)(g) of the Mackenzie Valley Resource Management Act is replaced by the following:
(g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and
(3) If subsection 115(2) of the other Act and section 1 of this Act come into force on the same day then that subsection 115(2) is deemed to have come into force before that section 1 and subsection (2) applies as a consequence.
Marginal note:2015, c. 4
193 (1) In this section, other Act means the Energy Safety and Security Act.
(2) If subsection 142(2) of this Act comes into force before subsection 8(2) of the other Act, then that subsection 8(2) is amended by replacing the section 5.021 that it enacts with the following:
Marginal note:Net environmental benefit
5.021 (1) The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.
(3) If subsection 142(2) of this Act and subsection 8(2) of the other Act come into force on the same day, then that subsection 8(2) is deemed to have come into force before that subsection 142(2).
Marginal note:Bill C-49
194 (1) Subsections (2) to (4) apply if Bill C-49, introduced in the 1st session of the 42nd Parliament and entitled the Transportation Modernization Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 157 of this Act comes into force before subsection 67(2) of the other Act, then that subsection 67(2) is amended
(a) by replacing the subsection (5.1) that it enacts with the following:
Marginal note:Power to provide access to certain persons
(5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization
(b) by replacing the portion of the subsection (5.2) before paragraph (a) that it enacts with the following:
Marginal note:Authorization under another Act
(5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and
(3) If subsection 67(2) of the other Act comes into force before section 157 of this Act, then, on the day on which that section 157 comes into force, subsections 28(5.1) and (5.2) of the Canadian Transportation Accident Investigation and Safety Board Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
(4) If section 157 of this Act and subsection 67(2) of the other Act come into force on the same day, then that section 157 is deemed to have come into force before that subsection 67(2) and subsection (2) applies as a consequence.
Marginal note:Bill C-64
195 (1) Subsections (2) to (9) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations (in this section referred to as the “other Act”), receives Royal Assent.
(2) On the first day on which both section 46 of this Act and subsection 13(1) of the other Act are in force, that subsection 13(1) is amended by replacing “Navigation Protection Act” with “Canadian Navigable Waters Act”.
(3) If section 46 of this Act comes into force before section 138 of the other Act, then section 132 of the other Act is renumbered as subsection 132(1) and is amended by adding the following:
Marginal note:Section 20 of Canadian Navigable Waters Act
(2) A notice given under section 20 of the Canadian Navigable Waters Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2).
(4) On the first day on which both section 46 of this Act and section 134 of the other Act are in force, then subsection 16(5) of the Canadian National Marine Conservation Areas Act is replaced by the following:
Marginal note:Conflicts
(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Canadian Navigable Waters Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.
(5) If section 46 of this Act comes into force before section 137 of the other Act, then that section 137 is replaced by the following:
137 The Canadian Navigable Waters Act is amended by adding the following before section 15:
Marginal note:Non-application
14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
(6) If section 137 of the other Act comes into force before section 46 of this Act, then, on the day on which that section 46 comes into force, section 14.2 of the Canadian Navigable Waters Act is replaced by the following:
Marginal note:Non-application
14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
(7) If both section 46 of this Act and section 137 of the other Act come into force on the same day then that section 137 is deemed to have come into force before that section 46 and subsection (6) applies as a consequence.
(8) If section 138 of the other Act comes into force before section 55 of this Act, then that section 55 is deemed never to have come into force and is repealed.
(9) If both section 138 of the other Act and section 55 of this Act come into force on the same day, then that section 55 is deemed never to have come into force and is repealed.
(10) If section 74 of this Act comes into force before section 139 of the other Act, then that section 139 is deemed never to have come into force and is repealed.
(11) If both section 74 of this Act and section 139 of the other Act come into force on the same day, then that section 139 is deemed never to have come into force and is repealed.
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