GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 55
Copy posted on Internet site 55 On receiving a report with respect to the impact assessment of the designated project by a review panel, the Minister must ensure that a copy of the report is posted on the Internet site.
Impact Assessment Act — I-2.75 55.1
Recommendations 55.1 (1) The Agency must make recommendations to assist the Minister in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55. Recommendations posted on Internet site (2) The Agency must post its recommendations on the Internet site.
Impact Assessment Act — I-2.75 56
Studies and collection of information 56 The Minister may, before making a referral under section 61, require the proponent of the designated project to collect any information or undertake any studies that are necessary for the Governor in Council to make any determination under section 62. 2019, c. 28, s. 1 “56” 2024, c. 17, s. 287
Impact Assessment Act — I-2.75 57
Non-disclosure 57 If the Agency is of the opinion that, in respect of a review panel to which it is providing or has provided support under paragraph 156 (1)(a), the disclosure of a record would reveal the substance of the panel’s deliberations in relation to an impact assessment that the panel is conducting or has conducted, the Agency may refuse to disclose the record to any person who is not a member of the review panel.
Impact Assessment Act — I-2.75 58
Power to terminate 58 (1) The Minister may terminate the assessment by a review panel of a designated project if (a) he or she is of the opinion that the review panel will not submit its report within the time limit established under paragraph 37(1)(a), including any extension of that time limit; or (b) the review panel fails to submit its report within that time limit, including any extension of that time limit. Preliminary consultations (2) Before the Minister exercises the power referred to in subsection (1) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must (a) in the case of an agreement or arrangement referred to in subsection 39 (1), consult with the jurisdiction with which the agreement or arrangement was entered into; (b) in the case of an agreement or arrangement referred to in subsection 39 (3), obtain the approval of the Minister of Foreign Affairs and consult with the jurisdiction with which the agreement or arrangement was entered into; and (c) in the case of a document referred to in subsection 40 (2), consult with the Mackenzie Valley Environmental Impact Review Board. Preliminary consultations — other (3) The Minister must, before he or she exercises the power referred to in subsection (1) with respect to one of the following review panels, (a) in the case of a review panel established under subsection 44 (1), consult with the President of the Canadian Nuclear Safety Commission; and (b) in the case of a review panel established under subsection 47 (1), consult with the Lead Commissioner of the Canadian Energy Regulator.
Impact Assessment Act — I-2.75 59
Completion of impact assessment by Agency 59 (1) When the assessment by a review panel of a designated project is terminated under section 58 , the Agency must, in accordance with directives provided by the Minister, complete the impact assessment of the designated project and prepare a report and submit it to the Minister. Effects set out in report (2) The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are direct or incidental adverse effects and 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 (3) Subject to section 119, the report must set out how the Agency, 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. 2019, c. 28, s. 1 “59” 2024, c. 17, s. 288
Impact Assessment Act — I-2.75 60
Minister’s decision 60 (1) After taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister under subsection 28(2) or at the end of the assessment of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister must (a) determine, after taking into account the implementation of any mitigation measures that the Minister considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and (b) if the Minister determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Minister determined them to be significant and the factors referred to in section 63, justified in the public interest. Referral to Governor in Council (1.1) After taking into account the report referred to in subsection (1) or at the end of the assessment of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister may, instead of making the determinations under that subsection, refer to the Governor in Council the matter of making those determinations. Notice posted on Internet site (2) If the Minister refers the matter to the Governor in Council, he or she must ensure that a notice of the referral and the reasons for it are posted on the Internet site. 2019, c. 28, s. 1 “60” 2024, c. 17, s. 289
Impact Assessment Act — I-2.75 61
Referral to Governor in Council 61 (1) After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council (a) the matter of determining, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and (b) the matter of determining whether the effects, if any, that are likely to be, to some extent, significant are, in light of the extent to which they are significant and the factors referred to in section 63, justified in the public interest. Definition of responsible Minister (1.1) For the purpose of subsection (1), responsible Minister means the following Minister: (a) in the case of a report prepared by a review panel established under subsection 44(1), 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 ; (a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources; (b) in the case of a report prepared by a review panel established under subsection 47(1), 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 ; (c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources. Responsible Minister’s obligation (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act , the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made, (a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or (b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued. 2019, c. 28, s. 1 “61” 2019, c. 28, s. 8.1 2024, c. 17, s. 290
Impact Assessment Act — I-2.75 62
Governor in Council’s determination 62 If a matter is referred to the Governor in Council under subsection 60(1.1) or 61(1), the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project, (a) determine, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and (b) if the Governor in Council determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Governor in Council determined them to be significant and the factors referred to in section 63, justified in the public interest. 2019, c. 28, s. 1 “62” 2024, c. 17, s. 291
Impact Assessment Act — I-2.75 63
Factors — justification in public interest 63 The Minister’s determination under paragraph 60(1)(b), and the Governor in Council’s determination under paragraph 62(b), must be based on the report with respect to the impact assessment of the designated project and a consideration of the following factors: (a) the impact that the effects that are likely to be caused by the carrying out of that project may have on any Indigenous group and any adverse impact that those effects may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 ; (b) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and (c) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to sustainability. 2019, c. 28, s. 1 “63” 2024, c. 17, s. 291
Impact Assessment Act — I-2.75 64
Conditions — adverse effects within federal jurisdiction 64 (1) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish any conditions that the Minister considers appropriate in relation to the adverse effects within federal jurisdiction that are indicated in the report. The proponent of the designated project must comply with those conditions. Conditions — direct or incidental adverse effects (2) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish in relation to the direct or incidental adverse effects that are indicated in the report any conditions that the Minister considers appropriate and that are directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit the designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that project. The proponent of the designated project must comply with those conditions. Conditions subject to exercise of power or performance of duty or function (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance. Mitigation measures and follow-up program (4) The conditions referred to in subsections (1) and (2) must include (a) the implementation of the mitigation measures that the Minister takes into account in making any determination under subsection 60(1), or that the Governor in Council takes into account in making any determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and (b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan. 2019, c. 28, s. 1 “64” 2024, c. 17, s. 292
Impact Assessment Act — I-2.75 66
Posting of decision statement on Internet site 66 The Agency must post on the Internet site any decision statement that the Minister issues under section 65 .
Impact Assessment Act — I-2.75 67
Decision statement considered to be part of licence under Nuclear Safety and Control Act 67 (1) The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act , designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under section 24 of that Act in relation to the designated project. Decision statement considered part of certificate, etc., under Canadian Energy Regulator Act (2) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project. Decision statement considered to be part of authorization, etc., under Canada Oil and Gas Operations Act (3) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project. Non-application (3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act or the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project. Non-application (4) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval. 2019, c. 28, s. 1 “67” 2024, c. 20, s. 214 2024, c. 20, s. 216
Impact Assessment Act — I-2.75 68
Minister’s power — decision statement 68 (1) The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it. Limitation — condition (2) The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse. Limitation and application (3) The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64 (1) or (2). Subsection 64 (3) applies with respect to the new or amended condition if it could be established under subsection 64 (2). Limitation — Nuclear Safety and Control Act (4) The Minister is not permitted to amend or remove a condition designated under subsection 67 (1) and is not permitted to designate, under that subsection, any condition added under this section.
Impact Assessment Act — I-2.75 69
Public notice — amendment to decision statement 69 (1) If the Minister intends to amend a decision statement under section 68 , the Minister must ensure that the following are posted on the Internet site: (a) a draft of the amended decision statement; and (b) a notice that invites the public to provide comments on the draft within the period specified. Posting of amended decision statement on Internet site (2) If, after taking into account any comments received from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site.
Impact Assessment Act — I-2.75 70
Minister’s obligation 70 (1) The Minister must, after considering any views provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project. Extension (2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site. Expiry of decision statement (3) If the proponent does not substantially begin to carry out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period. Notice posted on Internet site (4) The Agency must post on the Internet site a notice that a decision statement has expired.
Impact Assessment Act — I-2.75 71
Revocation of decision statement 71 If the proponent of a designated project advises the Minister in writing that the designated project will not — or will no longer — be carried out, the Minister may revoke the decision statement issued in respect of that project.
Impact Assessment Act — I-2.75 72
Amending decision statement — information 72 (1) The Minister may, before amending a decision statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement. Offer to consult (2) If the decision statement is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in section 67 , the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be. Offer to consult — Nuclear Safety and Control Act (3) Before the Minister amends any portion of a decision statement referred to in subsection 67 (1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.
Impact Assessment Act — I-2.75 73
Termination by Agency or Minister 73 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.
Impact Assessment Act — I-2.75 74
No disclosure 74 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.
Impact Assessment Act — I-2.75 75
Agency’s obligation 75 (1) The Agency must establish a participant funding program to facilitate the participation of the public in (a) the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are part of a class of activities designated by those regulations; (b) the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(1)(e) or that are not part of a class of activities designated by those regulations; and (c) regional assessments and strategic assessments. Exception (2) The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under section 31 .
Impact Assessment Act — I-2.75 76
Regulations 76 (1) The Governor in Council may make regulations (a) providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and (b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency. Proponent’s obligation to pay costs (2) If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency (a) any costs that the Agency or review panel incurs for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and (b) any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function. Service Fees Act (3) The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)(b).
Impact Assessment Act — I-2.75 77
Powers exercised, duties and functions performed during a given period 77 For the purposes of section 76 , the powers, duties and functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10 (1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed.
Impact Assessment Act — I-2.75 78
Expenditure of fees, charges, etc. 78 The Agency may spend for any prescribed purpose the fees, charges, levies, costs and amounts referred to in section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year.
Impact Assessment Act — I-2.75 79
Debt due to Her Majesty 79 The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.