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

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Act current to 2020-09-09 and last amended on 2019-08-28. Previous Versions

Impact Assessments (continued)

Impact Assessment by a Review Panel (continued)

General Rules (continued)

Marginal note:Terms of reference — Nuclear Safety and Control Act

  •  (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control 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 President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, appoint the chairperson and at least two 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 one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(b), on the recommendation of the President of the Canadian Nuclear Safety Commission.

  • Marginal note:Not majority

    (4) The persons appointed from the roster must not constitute a majority of the members of the panel.

Marginal note:Impact assessment to be used

 The impact assessment conducted by a review panel established under subsection 44(1) is the only assessment that the Canadian Nuclear Safety Commission may use for the purpose of issuing the licence referred to in the panel’s terms of reference.

Marginal note:Powers in relation to Nuclear Safety and Control Act

 For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Canadian Nuclear Safety Commission.

Marginal note:Terms of reference — Canadian Energy Regulator Act

  •  (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator 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 Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least two 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 one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(c), on the recommendation of the Lead Commissioner of the Canadian Energy Regulator.

  • Marginal note:Not majority

    (4) The persons appointed from the roster must not constitute a majority of the members of the panel.

Marginal note:Powers in relation to Canadian Energy Regulator Act

 For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Commission that is referred to in subsection 26(1) of that Act.

Marginal note:Summary and information

 In establishing or approving a panel’s terms of reference, the Minister must consider, among other things, the summary of issues and the information or knowledge referred to in section 14.

Marginal note:Establishment of roster

  •  (1) The Minister must establish the following rosters:

    • (a) a roster of persons who may be appointed as members of a review panel established under any of the following:

      • (i) section 41,

      • (ii) subsection 44(1),

      • (iii) subsection 47(1),

      • (iv) an agreement, arrangement or document referred to in section 42;

    • (b) a roster of persons who are members of the Canadian Nuclear Safety Commission and who may be appointed as members of a review panel established under subsection 44(1);

    • (c) a roster of persons who are commissioners under the Canadian Energy Regulator Act and who may be appointed as members of a review panel established under subsection 47(1).

  • Marginal note:Establishment of roster — Nuclear Safety and Control Act

    (2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.

  • Marginal note:Establishment of roster — Canadian Energy Regulator Act

    (3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.

Marginal note:Review panel’s duties

  •  (1) A review panel must, in accordance with its terms of reference,

    • (a) conduct an impact assessment of the designated project;

    • (b) ensure that the information that it uses when conducting the impact assessment is made available to the public;

    • (c) hold hearings in a manner that offers the public an opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the impact assessment;

    • (d) prepare a report with respect to the impact assessment that

      • (i) sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project,

      • (ii) indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are significant,

      • (ii.1) subject to section 119, sets out how the review panel, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project,

      • (iii) sets out a summary of any comments received from the public, and

      • (iv) sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;

    • (e) submit the report with respect to the impact assessment to the Minister; and

    • (f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.

  • Marginal note:Duties in relation to Nuclear Safety and Control Act

    (2) A review panel established under subsection 44(1) must, in accordance with its terms of reference, include in the report that it prepares the information necessary for the licence referred to in the panel’s terms of reference to be issued under section 24 of the Nuclear Safety and Control Act in relation to the designated project that is the subject of the report.

  • Marginal note:Duties in relation to Canadian Energy Regulator Act

    (3) A review panel established under subsection 47(1) must, in accordance with its terms of reference, include in the report that it prepares the conclusions or recommendations necessary for a certificate, order, permit, licence or authorization to be issued, a leave or an exemption to be granted or a direction or approval to be given under the Canadian Energy Regulator Act in relation to the designated project that is the subject of the report.

 
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