Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Marginal note:Agency’s objects

155 The Agency’s objects are

• (a) to conduct or administer impact assessments and administer any other requirements and procedures established by this Act and the regulations;

• (b) to coordinate — during the period that begins on the day on which a copy of the description of the project referred to in subsection 10(1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project;

• (c) to promote harmonization in relation to the assessment of effects across Canada at all levels of government;

• (d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;

• (e) to promote impact assessment in a manner that is consistent with the purposes of this Act;

• (f) to promote, monitor and facilitate compliance with this Act;

• (g) to promote and monitor the quality of impact assessments conducted under this Act;

• (h) to develop policy related to this Act; and

• (i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.

Marginal note:Agency’s duties

• 156 (1) In carrying out its objects, the Agency must

  • (a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93(1)(a) or (b);

  • (b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 114(1)(b); and

  • (c) provide information or training to facilitate the application of this Act.

• Marginal note:Agency’s powers

  (2) In carrying out its objects, the Agency may

  • (a) undertake studies or activities or conduct research relating to impact assessment;

  • (b) advise persons and organizations on matters relating to the assessment of effects;

  • (c) issue guidelines and codes of practice;

  • (d) negotiate agreements or arrangements referred to in paragraphs 114(1)(c) to (f) on the Minister’s behalf; and

  • (e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.

Marginal note:Expert committee

• 157 (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues.

• Marginal note:Appointment

  (2) The Agency may appoint any person with relevant knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person.

• Marginal note:Publication

  (3) The Agency must post on the Internet site all advice it receives from the expert committee.

Marginal note:Advisory committee — interests and concerns of Indigenous peoples

• 158 (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.

• Marginal note:Appointment

  (2) The Agency may appoint any person with relevant knowledge or experience as a member of the advisory committee.

• Marginal note:Membership

  (2.1) The membership of the committee must include at least

  • (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

  • (b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

  • (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.

• Marginal note:Publication

  (3) The Agency must post on the Internet site all advice it receives from the advisory committee.

Marginal note:Using government facilities

159 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

Marginal note:President

• 160 (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister.

• Marginal note:President — chief executive officer

  (2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.

• Marginal note:Acting President — Executive Vice-president

  (3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim.

• Marginal note:Acting President — other person

  (4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.

• Marginal note:Governor in Council’s approval required

  (5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.

Marginal note:Executive Vice-president

• 161 (1) The Governor in Council may appoint an officer to be the Executive Vice-president of the Agency and to hold office during pleasure.

• Marginal note:Powers, duties and functions

  (2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.

Marginal note:Remuneration

162 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.

Marginal note:Appointment under Public Service Employment Act

163 The employees who are necessary to carry out the Agency’s work are to be appointed in accordance with the Public Service Employment Act.

Marginal note:Head office

164 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Contracts, etc., binding on Her Majesty

• 165 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

Annual Report

Marginal note:Annual report to Parliament

• 166 (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year.

• Marginal note:Tabling in Parliament

  (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.

Review of Act

Marginal note:Review of Act after 10 years

167 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Transitional Provisions

Marginal note:Definitions

168 The following definitions apply in this section and sections 169 to 188.

1992 Act

1992 Act means the Canadian Environmental Assessment Act. (Loi de 1992)

2012 Act

2012 Act means the Canadian Environmental Assessment Act, 2012. (Loi de 2012)

environmental assessment

environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. (évaluation environnementale)

former Agency

former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. (ancienne Agence)

Marginal note:President of former Agency

169 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.

Marginal note:Executive Vice-president of former Agency

170 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.

Marginal note:Employment continued

• 171 (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency.

• Marginal note:Definition of employee

  (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:References

172 Every reference to the former Agency in any deed, contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.

Marginal note:Transfer of rights and obligations

173 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.

Marginal note:Commencement of legal proceedings

174 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.

Marginal note:Continuation of legal proceedings

175 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency.

Marginal note:Appropriations

176 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency.

Marginal note:Persons designated

177 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120(1) of this Act.

Marginal note:Screenings commenced under 1992 Act

178 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated.

Marginal note:Comprehensive studies commenced under 1992 Act

• 179 (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated.

• Marginal note:Comprehensive studies continued under 2012 Act

  (2) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed.

• Marginal note:Comprehensive studies subject to subsection 125(7) of 2012 Act

  (3) Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed.

Marginal note:Screenings under 2012 Act

180 If the proponent of a designated project provided the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10(1) of this Act on the day on which this Act comes into force.

Marginal note:Environmental assessments by former Agency under 2012 Act

• 181 (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.

• Marginal note:Information or studies

  (2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.

• Marginal note:Extension of time limit

  (2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.

• Marginal note:Continuance or termination of environmental assessment

  (3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit or notifies the Agency that it will fail to do so, the Agency may decide that the environmental assessment of the designated project is to be continued as an impact assessment under this Act or is to be terminated.

• Marginal note:Posting of notice on Internet site

  (4) The Agency must post on the Internet site a notice of any decision made under subsection (3).

• Marginal note:No review panel

  (4.1) Despite subsection 36(1), the Minister is not permitted to refer to a review panel an environmental assessment that, in accordance with subsection (3), is continued as an impact assessment under this Act.

• (4.2) [Repealed, 2024, c. 17, s. 298]

• (4.3) [Repealed, 2024, c. 17, s. 298]

• Marginal note:Exception

  (5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act.