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

Marginal note:Regulations — Minister

• 112 (1) The Minister may make regulations

  • (a) prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1) and the documents referred to in paragraph 18(1)(b);

  • (a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;

  • (a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;

  • (a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;

  • (b) respecting the procedures, requirements and time periods relating to impact assessments, including the manner of designing a follow-up program;

  • (c) prescribing, for the purposes of any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;

  • (d) respecting a participant funding program established under section 75;

  • (e) designating, for the purposes of section 75, a physical activity or class of physical activities;

  • (e.1) prescribing the time limit referred to in subsection 97(1);

  • (f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and

  • (g) respecting the charging of fees for providing copies of documents contained in the Registry.

• Marginal note:Condition

  (2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.

• Marginal note:Written notice

  (3) A person or entity — federal authority, government or body — that proposes the carrying out of a physical activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so.

• Marginal note:Statutory Instruments Act

  (4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2).

• Marginal note:Regulation posted on Internet site

  (5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site.

Marginal note:Physical activity excluded

112.1 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

• 113 (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

• 114 (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

• 115 (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

116 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

• 117 (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

• 118 (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.

Indigenous Knowledge

Marginal note:Confidentiality

• 119 (1) Any Indigenous knowledge that is provided to the Minister, the Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

• Marginal note:Exception

  (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

  • (a) it is publicly available;

  • (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

  • (c) the disclosure is authorized in the prescribed circumstances.

• Marginal note:Consultation

  (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

• Marginal note:Further disclosure

  (3) The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

• Marginal note:Duty to comply

  (4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.

Administration and Enforcement

Enforcement Officers and Analysts

Marginal note:Designation

• 120 (1) The President of the Agency may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.

• Marginal note:Certificate

  (2) The President of the Agency must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 122(1).

Marginal note:Immunity

121 No action or other proceeding of a civil nature lies against an enforcement officer or analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.

Powers

Marginal note:Authority to enter

• 122 (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, enter a place in which they have reasonable grounds to believe a designated project is or was being carried out or a record or anything relating to a designated project is located.

• Marginal note:Powers on entry

  (2) The enforcement officer may, for those purposes,

  • (a) examine anything in the place;

  • (b) use any means of communication in the place or cause it to be used;

  • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

  • (d) prepare a document, or cause one to be prepared, based on the data;

  • (e) use any copying equipment in the place, or cause it to be used;

  • (f) remove anything from the place for examination or copying;

  • (g) take photographs and make recordings or sketches;

  • (h) direct the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;

  • (i) direct the owner or a person having possession, care or control of anything in the place not to move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;

  • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

  • (k) prohibit or limit access to all or part of the place.

• Marginal note:Person accompanying enforcement officer

  (3) An enforcement officer who enters a place under subsection (1) may be accompanied by any other person that they believe is necessary to help them exercise their powers and perform their duties and functions under this section.

• Marginal note:Analysts

  (4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g).

• Marginal note:Duty to assist

  (5) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer or analyst to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose.