GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 112
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(1.1) 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. 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. 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. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2). Regulation posted on Internet site (5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site. 2019, c. 28, s. 1 “112” 2024, c. 17, s. 297
Impact Assessment Act — I-2.75 112.1
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.
Impact Assessment Act — I-2.75 113
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 . 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. Accessibility of incorporated document (3) The Minister must ensure that any document incorporated by reference in a regulation is accessible. 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.
Impact Assessment Act — I-2.75 115
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. 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. 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).
Impact Assessment Act — I-2.75 116
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 .
Impact Assessment Act — I-2.75 117
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. Appointment (2) The Minister must appoint members to the advisory council, including a chairperson. 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.
Impact Assessment Act — I-2.75 118
Meetings 118 (1) The advisory council must meet at least once a year. 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. 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. 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. 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.
Impact Assessment Act — I-2.75 119
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. 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. 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). 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. Duty to comply (4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.
Impact Assessment Act — I-2.75 120
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. 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).
Impact Assessment Act — I-2.75 121
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.
Impact Assessment Act — I-2.75 122
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. 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. 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. Analysts (4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g). 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.
Impact Assessment Act — I-2.75 123
Warrant for dwelling-house 123 (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 122 (1); (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. Use of force (3) In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.
Impact Assessment Act — I-2.75 124
Entry on private property 124 (1) For the purpose of gaining entry to a place referred to in subsection 122 (1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house. Person accompanying (2) A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122 (1) and is not liable for doing so.
Impact Assessment Act — I-2.75 125
Production of documents 125 (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 , require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act. Proof of delivery (2) The enforcement officer must make the request by a means that provides a record of delivery. Compliance (3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
Impact Assessment Act — I-2.75 126
Issuance 126 (1) If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity. Contents of notice (2) The notice must be made in writing and must set out (a) the name of the person or entity to whom it is directed; (b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened; (c) the relevant facts surrounding the alleged contravention; and (d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.
Impact Assessment Act — I-2.75 127
Measures required 127 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to (a) stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or (b) take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance. Contents of order (2) Subject to section 128 , the order must be made in writing and must set out (a) the name of the person or entity to whom it is directed; (b) the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68 , that is alleged to have been or that is likely to be contravened; (c) the relevant facts surrounding the alleged contravention; (d) the measures to be taken; (e) the time or the day when each measure is to begin or the period during which it is to be carried out; (f) the duration of the order; (g) a statement that the person or entity may provide comments to the enforcement officer in response to the order; and (h) a statement that a request for a review may be made to the President of the Agency and the time period for doing so. Variation or cancellation of order (3) The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order, (a) amend or suspend a condition of the order, add a condition to it or delete a condition from it; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the order’s duration.
Impact Assessment Act — I-2.75 128
Exigent circumstances 128 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127 . For greater certainty (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127 (2) would likely result in danger to the environment, human life or health or public safety.
Impact Assessment Act — I-2.75 129
Duty to comply with order 129 (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order. Measures taken by enforcement officer (2) If the person or entity does not comply with the order within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.
Impact Assessment Act — I-2.75 130
Request for review 130 (1) Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order. Extension of period for request (2) The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.
Impact Assessment Act — I-2.75 131
Review 131 On receipt of a request made under subsection 130 (1), the President of the Agency must designate an individual as a review officer to review the order.
Impact Assessment Act — I-2.75 132
No automatic stay on review 132 (1) Subject to subsection (2), the request for a review of an order does not suspend the operation of an order. Suspension on application (2) A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety. Duration of suspension (3) If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.
Impact Assessment Act — I-2.75 133
Evidence 133 (1) A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions. Enforcement of orders (2) Any order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court. Procedure (3) An order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court.
Impact Assessment Act — I-2.75 134
Powers of review officer 134 A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may (a) confirm or cancel the order; (b) amend or suspend a condition of the order, add a condition to it or delete a condition from it; or (c) extend the order’s duration.
Impact Assessment Act — I-2.75 135
Decision 135 (1) A review officer must render a written decision, with reasons, and provide all persons or entities to whom the order was given and the President of the Agency with a copy of the decision and the reasons. Duty to comply with revised order (2) Any person or entity that is subject to an order confirmed or varied under section 134 must comply with the order.
Impact Assessment Act — I-2.75 136
Immunity 136 No action or other proceeding of a civil nature may be brought against a review officer 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.
Impact Assessment Act — I-2.75 137
Rules 137 The Agency may make rules (a) governing the practice and procedure for the review of orders; (b) generally, respecting the work of review officers; and (c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer.
Impact Assessment Act — I-2.75 138
Appeal to Federal Court 138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135 , appeal to the Federal Court from the review officer’s decision.
Impact Assessment Act — I-2.75 139
Order not suspended 139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.
Impact Assessment Act — I-2.75 140
Court’s power 140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to (a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or (b) do an act that, in the court’s opinion, may prevent the commission of the offence. Notice (2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.