Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

Administration (continued)

Marginal note:Physical activity excluded

 A physical activity or class of physical activities that is designated by the Minister under paragraph 112(1)(a.2) is excluded from the physical activities or class of physical activities that is designated by the Governor in Council under paragraph 109(b) if it meets the conditions established by the Minister.

Marginal note:Externally produced documents

  •  (1) A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in section 2.

  • Marginal note:Ambulatory incorporation by reference

    (2) A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.

  • Marginal note:Accessibility of incorporated document

    (3) The Minister must ensure that any document incorporated by reference in a regulation is accessible.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Marginal note:Minister’s powers

  •  (1) For the purposes of this Act, the Minister may

    • (a) issue guidelines and codes of practice respecting the application of this Act;

    • (b) establish research and advisory bodies in the area of impact assessment, 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;

    • (c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects;

    • (d) if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to

      • (i) authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or

      • (ii) in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project,

        • (A) provide that the jurisdiction is considered to be a jurisdiction for the application of this Act on those lands, and

        • (B) authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

    • (e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to

      • (i) provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and

      • (ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;

    • (f) enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest;

    • (g) establish criteria for the appointment of members of review panels; and

    • (h) establish criteria for the appointment of members of committees established under section 92 or 93.

  • Marginal note:International agreements and arrangements

    (2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party.

  • Marginal note:Opportunity for public to comment

    (3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.

  • Marginal note:Availability to public

    (4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.

  • Marginal note:Agreements or arrangements posted on Internet site

    (5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site.

Marginal note:Non-application — national security

  •  (1) The Governor in Council may, by order, exclude a designated project from the application of this Act if, in the Governor in Council’s opinion, the designated project is one in relation to which there are matters of national security.

  • Marginal note:Non-application — national emergency or emergency

    (2) The Minister may, by order, exclude a designated project from the application of this Act if, in the Minister’s opinion, the designated project is one to be carried out in response to

    • (a) a national emergency for which special temporary measures are being taken under the Emergencies Act; or

    • (b) an emergency, and carrying out the designated project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

  • Marginal note:Posting of notice of order on Internet site

    (3) The Agency must post on the Internet site a notice of any order made under subsection (2).

Marginal note:Statutory Instruments Act

 An order made under subsection 9(1) or 115(1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Minister’s Advisory Council

Marginal note:Advisory council to be established

  •  (1) The Minister must establish an advisory council to advise him or her on issues related to the implementation of the impact assessment and regional and strategic assessment regimes set out under this Act.

  • Marginal note:Appointment

    (2) The Minister must appoint members to the advisory council, including a chairperson.

  • Marginal note:Membership

    (3) The membership of the council 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:Meetings

  •  (1) The advisory council must meet at least once a year.

  • Marginal note:First report

    (2) Within three months after the end of the fiscal year during which the first anniversary of the coming into force of this Act occurs, the advisory council must submit to the Minister a report setting out the advice it provided during the period beginning on the day on which this Act comes into force and ending on the day on which that fiscal year ends, including the advice with respect to regional and strategic assessments to be given priority.

  • Marginal note:Subsequent reports

    (3) Within three months after the end of each period of two fiscal years not addressed by the previous report, the advisory council must provide to the Minister a report setting out the advice it provided during that period of two fiscal years, including the advice with respect to regional and strategic assessments to be given priority.

  • Marginal note:Tabling of report

    (4) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report and then ensure the report is posted on the Internet site.

  • Marginal note:Minister’s comments

    (5) Within 90 days after the day on which he or she receives the report, the Minister must provide his or her comments on the report to the advisory council, including with respect to the advice the council provided about regional and strategic assessments, and then ensure they are posted on the Internet site.

 
Date modified: