GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 37
Time limit 37 (1) If the Minister refers the impact assessment of a designated project to a review panel, the Agency must establish the following time limits: (a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and (b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2). Limit of 600 days (2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of that project. Extension of time limit by Minister (3) The Minister may extend the time limit established under paragraph (1)(a) by any period — up to a maximum of 90 days — that is necessary to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21. Extension of time limit by Governor in Council (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) by any period that is necessary to take into account circumstances that are specific to the designated project or to allow the review panel to cooperate with a jurisdiction referred to in section 21. Posting notices on Internet site (5) The Agency must post the following items on the Internet site: (a) the Agency’s reasons for establishing the time limits under subsection (1); (b) a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension; and (c) a notice of any extension granted under subsection (4), including the Governor in Council’s reasons for granting that extension. Suspending time limit (6) The Agency may suspend the time limit within which the review panel must submit the report 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 (7) 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 “37” 2024, c. 17, s. 283
Impact Assessment Act — I-2.75 37.1
Time limit 37.1 (1) Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, the Agency must establish the following time limits: (a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and (b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2). Limit of 300 days (2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site. Factors to consider (3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days. Application (4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.
Impact Assessment Act — I-2.75 38
Studies and collection of information 38 When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.
Impact Assessment Act — I-2.75 39
Agreement to jointly establish review panel 39 (1) When the Minister refers the impact assessment of a designated project to a review panel, he or she may enter into an agreement or arrangement 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 an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel. Limitation (2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with (a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act ; or (b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act . Other jurisdiction (3) When the Minister refers the impact assessment of a designated project to a review panel, 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 the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel. Posting on Internet site (4) Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.
Impact Assessment Act — I-2.75 40
Mackenzie Valley Resource Management Act 40 (1) When a proposal is referred to the Minister under paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act , the Minister must refer the proposal to a review panel. Document establishing review panel (2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment. If no agreement (3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act , no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted. Coordination with environmental impact review (4) The Minister must, to the extent possible, ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act . Consultations (5) Before making a referral under section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act. Report taken into account (6) Before making any determination under section 62 in relation to the proposal, the Governor in Council must take into account any report referred to in subsection (5) and any information that the Minister provides to the Governor in Council following the consultations referred to in that subsection. Posting on Internet site (7) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel. 2019, c. 28, s. 1 “40” 2024, c. 17, s. 284
Impact Assessment Act — I-2.75 41
Terms of reference and appointment of members 41 (1) If the impact assessment of a designated project is referred 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 and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who 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. Restriction (2) Subsection (1) is subject to the following sections: (a) section 42 ; (b) section 44 ; (c) section 47 .
Impact Assessment Act — I-2.75 42
Provisions of agreement 42 When there is an agreement or arrangement to jointly establish a review panel under subsection 39 (1) or (3), or when there is a document jointly establishing a review panel under subsection 40 (2), the agreement, arrangement or document must provide that the impact assessment of the designated project includes a consideration of the factors set out in subsection 22 (1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that (a) 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 or approve the review panel’s terms of reference, which are to include the time limit established under paragraph 37(1)(a); (b) the Minister may, at any time, modify the terms of reference in order to reflect an extension of the time limit granted under subsection 37 (3) or (4); (c) the Agency 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 — appoint the chairperson, or a co-chairperson, and at least one other member of the review panel; and (d) the members of the panel 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.
Impact Assessment Act — I-2.75 43
Obligation to refer 43 The Minister must refer the impact assessment of a designated project to a review panel if the project includes physical activities that are regulated under any of the following Acts: (a) the Nuclear Safety and Control Act ; (b) the Canadian Energy Regulator Act.
Impact Assessment Act — I-2.75 43.1
Agreement — referral under paragraph 43(a) 43.1 (1) The Minister may, when referring an impact assessment of a designated project to a review panel under paragraph 43(a), enter into an agreement or arrangement with respect to the impact assessment with the President of the Canadian Nuclear Safety Commission and any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2. Agreement — referral under paragraph 43(b) (2) The Minister may, when referring an impact assessment of a designated project to a review panel under paragraph 43(b), enter into an agreement or arrangement with respect to the impact assessment with the Lead Commissioner of the Canadian Energy Regulator and any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2. 2024, c. 17, s. 285
Impact Assessment Act — I-2.75 44
Terms of reference — Nuclear Safety and Control Act 44 (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. 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. 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. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel.
Impact Assessment Act — I-2.75 45
Impact assessment to be used 45 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.
Impact Assessment Act — I-2.75 46
Powers in relation to Nuclear Safety and Control Act 46 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.
Impact Assessment Act — I-2.75 47
Terms of reference — Canadian Energy Regulator Act 47 (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. 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. 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. Not majority (4) The persons appointed from the roster must not constitute a majority of the members of the panel.
Impact Assessment Act — I-2.75 48
Powers in relation to Canadian Energy Regulator Act 48 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.
Impact Assessment Act — I-2.75 49
Summary and information 49 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 .
Impact Assessment Act — I-2.75 50
Establishment of roster 50 (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). 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 . 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 .
Impact Assessment Act — I-2.75 51
Review panel’s duties 51 (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 direct or incidental adverse effects and specifies, 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, (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. 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. 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. 2019, c. 28, s. 1 “51” 2024, c. 17, s. 286
Impact Assessment Act — I-2.75 52
Information 52 (1) A review panel may, when conducting the impact assessment of a designated project and preparing the report with respect to the impact assessment of the designated project, use any information that is available to it. Studies and collection of information (2) However, if the review panel is of the opinion that there is not sufficient information available for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the review panel, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
Impact Assessment Act — I-2.75 53
Power to summon witnesses 53 (1) A review panel has the power to summon any person to appear as a witness before it and to order the witness to (a) give evidence, orally or in writing; and (b) produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project. Enforcement powers (2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record. Hearings to be public (3) A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1). Non-disclosure (4) If a review panel 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 (5) If a review panel 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 review panel’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. Enforcement of summonses and orders (6) Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure. Immunity (7) No action or other proceeding lies against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.
Impact Assessment Act — I-2.75 54
Informal proceedings 54 A review panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of hearings and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the rules of evidence.