GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 80
Unpaid fees, charges, etc. 80 If a proponent does not pay a fee, charge, levy, cost or amount referred to in section 76 that they owe within 90 days after the day on which it is due, (a) the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or (b) the Minister may, if an impact assessment of any designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.
Impact Assessment Act — I-2.75 81
Definitions 81 The following definitions apply in this section and sections 82 to 91 . authority means (a) a federal authority; and (b) any other body that is set out in Schedule 4. ( autorité ) environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. ( effets environnementaux ) project means (a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and (b) a physical activity that is designated under section 87 or that is part of a class of physical activities that is designated under that section. ( projet )
Impact Assessment Act — I-2.75 (a)
authority means (a) a federal authority; and (b) any other body that is set out in Schedule 4. ( autorité )
Impact Assessment Act — I-2.75
environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. ( effets environnementaux )
Impact Assessment Act — I-2.75 (a)
project means (a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and (b) a physical activity that is designated under section 87 or that is part of a class of physical activities that is designated under that section. ( projet )
Impact Assessment Act — I-2.75 82
Project carried out on federal lands 82 An authority must not carry out a project on federal lands, exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90 (3), that those effects are justified in the circumstances.
Impact Assessment Act — I-2.75 83
Project outside Canada 83 A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless (a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or (b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90 (3), that those effects are justified in the circumstances.
Impact Assessment Act — I-2.75 84
Factors 84 (1) An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors: (a) any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 ; (b) Indigenous knowledge provided with respect to the project; (c) community knowledge provided with respect to the project; (d) comments received from the public under subsection 86 (1); and (e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented. Factors — project outside Canada (2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b).
Impact Assessment Act — I-2.75 85
Federal authority’s obligation 85 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.
Impact Assessment Act — I-2.75 86
Notice posted on Internet site 86 (1) Before making a determination under section 82 or 83 , an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination. Notice of determination posted on Internet site (2) No sooner than 30 days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.
Impact Assessment Act — I-2.75 87
Power to designate physical activities 87 The Minister may, by order, designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmental effects.
Impact Assessment Act — I-2.75 88
Designation of class of projects 88 (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects. Projects excluded (2) Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1).
Impact Assessment Act — I-2.75 89
Notice inviting public comments 89 (1) If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted. Minister must consider public comments (2) The Minister must consider any comments received from the public in deciding whether to make the designation. Posting notice on Internet site (3) If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that includes a description of the physical activity, the class of physical activities or the class of projects, as the case may be, and the Minister’s reasons for making the designation.
Impact Assessment Act — I-2.75 90
Referral to Governor in Council 90 (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances. Referral through Minister (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority. Governor in Council’s decision (3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.
Impact Assessment Act — I-2.75 91
Non-application — national emergency or emergency 91 Sections 82 and 83 do not apply to an authority in respect of a project (a) in relation to which there are matters of national security; (b) that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act ; or (c) that is to be carried out in response to an emergency, and the carrying out of the 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.
Impact Assessment Act — I-2.75 92
Regional assessments — region entirely on federal lands 92 The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.
Impact Assessment Act — I-2.75 93
Regional assessments — other regions 93 (1) If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands, (a) the Minister may (i) enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or (ii) authorize the Agency to conduct the assessment; and (b) the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted. Committee — foreign state or international organization of states (2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment. Committee — federal authority, etc. (3) In respect of an agreement or arrangement entered into under subparagraph (1)(a)(i), the Minister must (a) establish or approve the committee’s terms of reference, including a specified time limit within which the assessment must be completed; and (b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into.
Impact Assessment Act — I-2.75 94
Agency’s obligation to offer to consult 94 If the Agency conducts an assessment referred to in subsection 92 or 93 , it must offer to consult and cooperate with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to the physical activities in respect of which the assessment is conducted.
Impact Assessment Act — I-2.75 95
Assessments 95 (1) The Minister may establish a committee — or authorize the Agency — to conduct an assessment of (a) any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or (b) any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects. Minister’s power (2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.
Impact Assessment Act — I-2.75 96
Committee’s mandate and appointment of members 96 (1) If the Minister establishes a committee under section 92 or 95 , he or she must establish its terms of reference and appoint as a member of the committee one or more persons. Agency’s mandate (2) If the Minister authorizes the Agency to conduct an assessment under section 92 , subsection 93 (1) or section 95 , he or she must establish the Agency’s terms of reference with respect to the assessment.
Impact Assessment Act — I-2.75 97
Minister’s obligations — request for assessment 97 (1) The Minister must respond, with reasons and within the prescribed time limit, to any request that an assessment referred to in section 92 , 93 or 95 be conducted. The Minister must ensure that his or her response is posted on the Internet site. Committee’s or Agency’s obligation (2) When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.
Impact Assessment Act — I-2.75 98
Information available to public 98 Subject to section 119, the Agency, or the committee, must ensure that the information that it uses when conducting an assessment referred to in section 92 , 93 or 95 is made available to the public.
Impact Assessment Act — I-2.75 99
Public participation 99 The Agency, or the committee, must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assessment referred to in section 92 , 93 or 95 that it conducts.
Impact Assessment Act — I-2.75 100
Federal authority’s obligation 100 Every federal authority that is in possession of specialist or expert information or knowledge with respect to the physical activities in respect of which an assessment referred to in section 92 or 93 is conducted — or with respect to any policy, plan, program or issue in respect of which an assessment referred to in section 95 is conducted — must, on request, make that information or knowledge available to the committee or Agency that conducts the assessment within the specified period.
Impact Assessment Act — I-2.75 101
Application of section 53 101 Section 53 applies, with any necessary modifications, to a committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93 (1)(a)(i) or paragraph 93 (1)(b) and, for the purpose of applying section 53 to a committee, a reference in that section to a review panel is a reference to a committee.
Impact Assessment Act — I-2.75 102
Report to Minister 102 (1) On completion of the assessment that it conducts, the committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93 (1)(a)(i) or paragraph 93 (1)(b) or the Agency, as the case may be, must provide a report to the Minister. Indigenous knowledge (2) Subject to section 119, the report must set out how the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment.
Impact Assessment Act — I-2.75 103
Copy of report posted on Internet site 103 The Agency must post a copy of the report on the Internet site.
Impact Assessment Act — I-2.75 104
Canadian Impact Assessment Registry 104 (1) There is to be a registry called the Canadian Impact Assessment Registry, consisting of an Internet site and project files. Right of access (2) The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament. Copy (3) For the purpose of facilitating public access to records included in the Registry, the Agency must ensure that a copy of any of those records is provided in a timely manner on request.
Impact Assessment Act — I-2.75 106
Establishment and maintenance 106 (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10 (1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed. Exception (2) The obligation set out in subsection (1) ends on the earliest of the following days: (a) the day on which the Agency under subsection 16 (1) decides that an impact assessment in respect of the designated project is not required; (b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20 (1) or section 73 ; (c) the day on which the Minister issues a decision statement that informs the proponent of the designated project of the Minister’s, or the Governor in Council’s, determination that the effects referred to in paragraph 60(1)(a) or 62(a), as the case may be, that are likely to be, to some extent, significant are not justified in the public interest; and (d) the day on which the decision statement expires under subsection 70 (3) or is revoked under section 71 . Contents of project file (3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including (a) all records posted on the Internet site; (b) any report relating to the impact assessment; (c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment; (d) any records relating to the design or implementation of any follow-up program; and (e) any records relating to the implementation of any mitigation measures. 2019, c. 28, s. 1 “106” 2024, c. 17, s. 295
Impact Assessment Act — I-2.75 107
Categories of available information 107 (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if (a) it has otherwise been made publicly available; or (b) the Minister determines (i) that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or (ii) that there are reasonable grounds to believe that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act . Applicability of sections 27, 28 and 44 of Access to Information Act (2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following: (a) the information is deemed to be a record that the head of a government institution intends to disclose; and (b) any reference to the person who requested access must be disregarded.
Impact Assessment Act — I-2.75 108
Protection from civil proceeding or prosecution 108 Despite any other Act of Parliament, no civil or criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
Impact Assessment Act — I-2.75 109
Regulations — Governor in Council 109 The Governor in Council may make regulations (a) amending Schedule 1 or 4 by adding or deleting a body or a class of bodies; (b) for the purpose of the definition designated project in section 2, designating a physical activity — or class of physical activities — the carrying out of which may, in the Governor in Council’s opinion, cause adverse effects within federal jurisdiction or direct or incidental adverse effects and specifying which physical activity or class of physical activities may be designated by the Minister under paragraph 112(1)(a.2); (c) exempting any class of proponents or class of designated projects from the application of section 76 ; (d) varying or excluding any requirement set out in this Act or the regulations as it applies to physical activities to be carried out (i) on reserves, surrendered lands or other lands that are vested in Her Majesty and subject to the Indian Act , (ii) on lands covered by land claim agreements referred to in section 35 of the Constitution Act, 1982 , (iii) on lands with respect to which agreements or arrangements referred to in paragraph 114 (1)(d) or (e) apply, (iv) under international agreements or arrangements entered into by the Government of Canada, or (v) in relation to which there are matters of national security; (e) respecting agreements or arrangements referred to in paragraph 114 (1)(d) or (e); (f) prescribing — other than the time limit referred to in subsection 97(1) — anything that, by this Act, is to be prescribed; (g) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and (h) generally, for carrying out the purposes and provisions of this Act. 2019, c. 28, s. 1 “109” 2024, c. 17, s. 296
Impact Assessment Act — I-2.75 110
Amendment of Schedule 2 110 The Governor in Council may, by order, amend Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982 .
Impact Assessment Act — I-2.75 111
Review of regulations 111 (1) The Agency must review, within the prescribed period, any regulations made under paragraph 109 (b). Report (2) After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.