GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 14
Agency’s obligation — summary of issues 14 (1) The Agency must provide the proponent of a designated project with a summary of issues with respect to that project that it considers relevant, including issues that are raised by the public or by any jurisdiction or Indigenous group that is consulted under section 12 , and with any information or knowledge made available to it by a federal authority that the Agency considers appropriate. Copy posted on Internet site (2) The Agency must post on the Internet site a copy of the summary of issues that it provided to the proponent.
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Proponent’s obligation — notice 15 (1) The proponent must provide the Agency with a notice that sets out how it intends to address the issues referred to in section 14, including any issues that relate to the adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 . Detailed project description (1.1) The Agency may require the proponent to include in the notice a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(1)(a) if it is of the opinion that a decision cannot be made under subsection 16(1) without that description and information. Additional information (2) The Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies if it is of the opinion that a decision cannot be made under subsection 16(1) because (a) the initial description or the prescribed information provided under subsection 10(1) is incomplete or does not contain sufficient details; or (b) if a detailed description and prescribed information are required, under subsection (1.1), to be included in the notice referred to in subsection (1), the detailed description or prescribed information included in that notice is incomplete or does not contain sufficient details. Copy posted on Internet site (3) When the Agency is satisfied that the notice includes all of the information or details that it specified, it must post a copy of the notice on the Internet site. 2019, c. 28, s. 1 “15” 2024, c. 17, s. 276
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Decision 16 (1) After posting a copy of the notice on the Internet site under subsection 15(3), the Agency must decide whether an impact assessment of the designated project is required. Factors (2) In making its decision, the Agency must take into account the following factors: (a) the description referred to in section 10 and any notice referred to in section 15 ; (b) the adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the designated project; (c) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 ; (d) any comments received within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under section 12; (e) any relevant assessment referred to in section 92 , 93 or 95 ; (f) any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; (f.1) whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that may be caused by the carrying out of the designated project; and (g) any other factor that the Agency considers relevant. Limitation (2.1) The Agency may decide that an impact assessment is required only if it is satisfied that the carrying out of the designated project may cause adverse effects within federal jurisdiction or direct or incidental adverse effects. Posting notice on Internet site (3) The Agency must post a notice of its decision and the reasons for it on the Internet site. 2019, c. 28, s. 1 “16” 2024, c. 17, s. 277
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Minister’s obligation 17 (1) If, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), a federal authority advises the Minister that it will not be exercising a power conferred on it under an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part, or the Minister is of the opinion that it is clear that the designated project would cause unacceptable environmental effects within federal jurisdiction, the Minister must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion. Copy posted on Internet site (2) The Agency must post a copy of the notice on the Internet site.
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Notice of commencement 18 (1) If the Agency decides that an impact assessment of a designated project is required — and the Minister does not approve the substitution of a process under section 31 in respect of the designated project — the Agency must, within 180 days after the day on which it posts a copy of the description of the designated project under subsection 10 (2), provide the proponent of that project with (a) a notice of the commencement of the impact assessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and (b) any documents that are prescribed by regulations made under paragraph 112(1)(a), including tailored guidelines regarding the information or studies referred to in paragraph (a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits. Factors to consider — information or studies (1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment. Scope of factors (1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency. Copy posted on Internet site (2) The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site. Extension of time limit (3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1). Posting notice on Internet site (4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site. Suspending time limit (5) The Agency may suspend the time limit within which it must provide the notice of the commencement of the impact assessment until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (6) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.
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Time limit for information or studies 19 (1) The proponent of a designated project must provide the Agency with the information or studies that are set out in the notice of the commencement of the impact assessment of the designated project within three years after the day on which a copy of that notice is posted on the Internet site. Extension of time limit (2) On the proponent’s request, the Agency may extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies. Additional information or studies (3) If the Agency extends the time limit, it may require the proponent to provide it with any additional information or studies that the Agency considers necessary for it to conduct the impact assessment. Notice posted on Internet site (4) When the Agency is satisfied that the proponent has provided it with all of the information or studies, it must post a notice of that determination on the Internet site.
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Termination of impact assessment 20 (1) If the proponent does not provide the Agency with the information or studies within the time limit referred to in subsection 19 (1), or within any extension of that time limit, the impact assessment is terminated. Notice posted on Internet site (2) The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.
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Agency’s or Minister’s obligations 21 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — must offer to consult and cooperate with respect to the impact assessment of the designated project with (a) any jurisdiction referred to in paragraph (a) of the definition jurisdiction in section 2 if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act , the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act , the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act or the Canada Transportation Act ; and (b) any jurisdiction referred to in paragraphs (c) to (i) of that definition if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project. 2019, c. 28, s. 1 “21” 2024, c. 20, s. 214 2024, c. 20, s. 216
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Specialist or expert information 23 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to (a) the Agency; (b) the review panel; and (c) a jurisdiction that, in relation to a designated project in respect of which the Minister has approved a substitution under section 31, conducts an assessment of the effects of the designated project or undertakes activities under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of those effects. 2019, c. 28, s. 1 “23” 2024, c. 17, s. 278
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Application only when no referral to review panel 24 Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.
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Agency’s obligations 25 The Agency must ensure that (a) an impact assessment of the designated project is conducted; and (b) a report is prepared with respect to that impact assessment.
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Information 26 (1) The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it. Studies and collection of information (2) However, if the Agency is of the opinion that there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
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Public participation 27 The Agency must ensure that the public is provided with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, within the time period specified by the Agency, in the impact assessment of a designated project.
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he Agency may suspend the time limit within which it must submit the report until any activity that is prescribed by a regulation made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (10) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site. 2019, c. 28, s. 1 “28” 2024, c. 17, s. 279
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Delegation 29 The Agency may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 the carrying out of any part of the impact assessment of the designated project and the preparation of the report with respect to the impact assessment of the designated project.
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Non-disclosure 30 (1) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119 (2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act. Non-disclosure (2) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the Agency’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
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Minister’s power 31 (1) Subject to sections 32 and 33, the Minister may, on request of a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the effects of a designated project and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, do one of the following: (a) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would be an appropriate substitute, approve the substitution of that process for the impact assessment; (b) if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by the jurisdiction would, together with the activities undertaken under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of the effects of the designated project, be an appropriate substitute, approve the substitution of that process and those activities for the impact assessment. Notice inviting public comments (2) When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted. Minister must consider public comments (3) The Minister must consider any comments received from the public in deciding whether to approve the substitution. Posting of Minister’s decision on Internet site (4) The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site. 2019, c. 28, s. 1 “31” 2024, c. 17, s. 280
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Exceptions 32 The Minister must not approve the substitution of a process in relation to a designated project (a) the impact assessment of which has been referred by the Minister to a review panel; or (b) that includes activities that are regulated under the Canada Oil and Gas Operations Act , the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act , the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act or the Canada Transportation Act . 2019, c. 28, s. 1 “32” 2024, c. 20, s. 214 2024, c. 20, s. 216
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Conditions 33 (1) The Minister may only approve a substitution if he or she is satisfied that (a) the factors set out in subsection 22(1) will be considered under the process to be substituted or under an agreement or arrangement referred to in paragraph 114(1)(f); (b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment; (c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment; (d) the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project or the consultations will be undertaken under an agreement or arrangement referred to in paragraph 114(1)(f); (e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report; (f) the public will have access to records in relation to the assessment to enable its meaningful participation; (g) at the end of the assessment, a report will be submitted to the Minister; (g.1) in the case of a substitution approved under paragraph 31(1)(b), the report will be based on the process and the activities referred to in that paragraph; (h) the report will be made available to the public; and (i) any other conditions that the Minister establishes are or will be met. Effects set out in report (2) The Minister must be satisfied that the report that will be submitted to the Minister will set out the effects that are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will (a) indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are direct or incidental adverse effects; and (b) specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant. Report — Indigenous knowledge (2.1) The Minister must be satisfied that the report that will be submitted to the Minister will set out how any Indigenous knowledge provided with respect to the designated project was taken into account and used in determining the effects that are likely to be caused by the carrying out of that project. Approval (3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met. Availability (4) The conditions referred to in paragraph (1)(i) must be made available to the public. 2019, c. 28, s. 1 “33” 2024, c. 17, s. 281
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Assessment considered in conformity 34 The assessment of the effects of a designated project in respect of which the Minister has approved a substitution is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment. 2019, c. 28, s. 1 “34” 2024, c. 17, s. 282
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Information 35 If, with respect to the assessment of the effects of a designated project in respect of which the Minister has approved a substitution, the Agency is of the opinion that information is required for the purpose of ensuring that the factors set out in subsection 22(1) will be considered or for the purposes of subsection 60(1) or (1.1), it may require the proponent of that project to provide the information to the Minister or may make a request to the jurisdiction that is following or followed the process — or to any jurisdiction that is undertaking or undertook activities under an agreement or arrangement referred to in paragraph 114(1)(f) in relation to the assessment of effects of that project — to provide that information to the Minister. 2019, c. 28, s. 1 “35” 2024, c. 17, s. 282
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Referral to review panel 36 (1) Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel. Public interest (2) The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors: (a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse; (b) public concerns related to those effects; (c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and (d) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 . Suspending time limit (3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so. Notice posted on Internet site (4) When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site. Posting notice on Internet site (5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.