GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 141
Voluntary reports 141 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency. Request for confidentiality (2) The person making the report may request that their identity, and any information that may reveal their identity, not be disclosed. Due diligence (3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity. Prohibition (4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing. Employee protection (5) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has (a) made a report under subsection (1); (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.
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Obstruction 142 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.
Impact Assessment Act — I-2.75 143
False statements or information 143 A person or entity must not make a false or misleading statement or provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties or functions under this Act.
Impact Assessment Act — I-2.75 144
Offences 144 (1) Every person or entity commits an offence that (a) contravenes section 7 , subsection 122 (5), 125 (3), 129 (1), 135 (2) or 141 (4) or (5) or section 142 or 143 ; (b) contravenes a condition established under subsection 64 (2) or added or amended under section 68 with which the person or entity must comply; or (c) omits to provide to the Minister information required to be provided under subsection 72 (1). Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable on summary conviction (a) for a first offence, to a fine of not less than $5,000 and not more than $300,000; and (b) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000. Penalty — small revenue corporations or entities (3) Every corporation or entity that commits an offence under subsection (1) and that the court determines under section 145 to be a small revenue corporation or entity is liable on summary conviction (a) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000; and (b) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. Penalty — other corporations or entities (4) Every corporation or entity, other than a corporation or entity referred to in subsection (3), that commits an offence under subsection (1) is liable on summary conviction (a) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000; and (b) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.
Impact Assessment Act — I-2.75 145
Determination of small revenue corporation or entity status 145 For the purpose of subsection 144 (3), a court may determine a corporation or entity to be a small revenue corporation or entity if the court is satisfied that the gross revenues of the corporation or entity for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.
Impact Assessment Act — I-2.75 146
Continuing offences 146 (1) If an offence of contravening section 7 , subsection 129 (1) or 135 (2) or section 142 , or an offence under paragraph 144 (1)(b), is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Due diligence defence (2) A person or entity must not be found guilty of an offence for a contravention of section 7 , subsection 129 (1) or 135 (2) or section 142 , or of an offence under paragraph 144 (1)(b), if they establish that they exercised due diligence to prevent the commission of the offence.
Impact Assessment Act — I-2.75 147
Liability of senior officers 147 If a corporation or entity commits an offence under this Act, any senior officer , as defined in section 2 of the Criminal Code , of the corporation or entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation or entity, whether or not the corporation or entity has been prosecuted.
Impact Assessment Act — I-2.75 148
Duties of senior officers 148 Every senior officer , as defined in section 2 of the Criminal Code , of a corporation or entity must take all reasonable care to ensure that the corporation or entity complies with this Act and any order issued by an enforcement officer or review officer.
Impact Assessment Act — I-2.75 149
Limitation period or prescription 149 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.
Impact Assessment Act — I-2.75 150
Admissibility of evidence 150 (1) In proceedings for an offence under this Act, a statement, certificate, report or other document of the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that is purported to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies and extracts (2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears. Notice (4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.
Impact Assessment Act — I-2.75 151
Notice to shareholders 151 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.
Impact Assessment Act — I-2.75 152
Power 152 The Agency must publish, in the manner it considers appropriate, (a) information or a document provided by a proponent to comply with a condition established under section 64 or added or amended under section 68 ; (b) a summary of a report that an enforcement officer or analyst may prepare in the exercise of their powers or the performance of their duties and functions under sections 122 to 125 ; (c) a notice of non-compliance referred to in section 126 ; (d) a written order issued by an enforcement officer in accordance with section 127 or by a review officer under section 134 ; or (e) a decision rendered under section 135 .
Impact Assessment Act — I-2.75 153
Agency continued 153 (1) The Canadian Environmental Assessment Agency is continued as the Impact Assessment Agency of Canada. The Impact Assessment Agency must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act. Minister’s responsibility (2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.
Impact Assessment Act — I-2.75 154
Delegation to Agency 154 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act. Restriction (2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).
Impact Assessment Act — I-2.75 155
Agency’s objects 155 The Agency’s objects are (a) to conduct or administer impact assessments and administer any other requirements and procedures established by this Act and the regulations; (b) to coordinate — during the period that begins on the day on which a copy of the description of the project referred to in subsection 10 (1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project; (c) to promote harmonization in relation to the assessment of effects across Canada at all levels of government; (d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations; (e) to promote impact assessment in a manner that is consistent with the purposes of this Act; (f) to promote, monitor and facilitate compliance with this Act; (g) to promote and monitor the quality of impact assessments conducted under this Act; (h) to develop policy related to this Act; and (i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.
Impact Assessment Act — I-2.75 156
Agency’s duties 156 (1) In carrying out its objects, the Agency must (a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93 (1)(a) or (b); (b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 114 (1)(b); and (c) provide information or training to facilitate the application of this Act. Agency’s powers (2) In carrying out its objects, the Agency may (a) undertake studies or activities or conduct research relating to impact assessment; (b) advise persons and organizations on matters relating to the assessment of effects; (c) issue guidelines and codes of practice; (d) negotiate agreements or arrangements referred to in paragraphs 114 (1)(c) to (f) on the Minister’s behalf; and (e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.
Impact Assessment Act — I-2.75 157
Expert committee 157 (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues. Appointment (2) The Agency may appoint any person with relevant knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person. Publication (3) The Agency must post on the Internet site all advice it receives from the expert committee.
Impact Assessment Act — I-2.75 158
Advisory committee — interests and concerns of Indigenous peoples 158 (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act. Appointment (2) The Agency may appoint any person with relevant knowledge or experience as a member of the advisory committee. Membership (2.1) The membership of the committee 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. Publication (3) The Agency must post on the Internet site all advice it receives from the advisory committee.
Impact Assessment Act — I-2.75 159
Using government facilities 159 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
Impact Assessment Act — I-2.75 160
President 160 (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister. President — chief executive officer (2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister. Acting President — Executive Vice-president (3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim. Acting President — other person (4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim. Governor in Council’s approval required (5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.
Impact Assessment Act — I-2.75 161
Executive Vice-president 161 (1) The Governor in Council may appoint an officer to be the Executive Vice-president of the Agency and to hold office during pleasure. Powers, duties and functions (2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.
Impact Assessment Act — I-2.75 162
Remuneration 162 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.
Impact Assessment Act — I-2.75 163
Appointment under Public Service Employment Act 163 The employees who are necessary to carry out the Agency’s work are to be appointed in accordance with the Public Service Employment Act .
Impact Assessment Act — I-2.75 164
Head office 164 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act .
Impact Assessment Act — I-2.75 165
Contracts, etc., binding on Her Majesty 165 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
Impact Assessment Act — I-2.75 166
Annual report to Parliament 166 (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year. Tabling in Parliament (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.
Impact Assessment Act — I-2.75 167
Review of Act after 10 years 167 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Impact Assessment Act — I-2.75 168
Definitions 168 The following definitions apply in this section and sections 169 to 188 . 1992 Act means the Canadian Environmental Assessment Act . ( Loi de 1992 ) 2012 Act means the Canadian Environmental Assessment Act, 2012 . ( Loi de 2012 ) environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. ( évaluation environnementale ) former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. ( ancienne Agence )
Impact Assessment Act — I-2.75
1992 Act means the Canadian Environmental Assessment Act . ( Loi de 1992 )
Impact Assessment Act — I-2.75
2012 Act means the Canadian Environmental Assessment Act, 2012 . ( Loi de 2012 )
Impact Assessment Act — I-2.75
environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. ( évaluation environnementale )
Impact Assessment Act — I-2.75
former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. ( ancienne Agence )
Impact Assessment Act — I-2.75 169
President of former Agency 169 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.
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Executive Vice-president of former Agency 170 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.
Impact Assessment Act — I-2.75 171
Employment continued 171 (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency. Definition of employee (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Impact Assessment Act — I-2.75 172
References 172 Every reference to the former Agency in any deed, contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.
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Transfer of rights and obligations 173 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.
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Commencement of legal proceedings 174 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.
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Continuation of legal proceedings 175 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency.
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Appropriations 176 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency.
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Persons designated 177 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120 (1) of this Act.
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Screenings commenced under 1992 Act 178 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated.
Impact Assessment Act — I-2.75 179
Comprehensive studies commenced under 1992 Act 179 (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated. Comprehensive studies continued under 2012 Act (2) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed. Comprehensive studies subject to subsection 125(7) of 2012 Act (3) Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed.
Impact Assessment Act — I-2.75 180
Screenings under 2012 Act 180 If the proponent of a designated project provided the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10 (1) of this Act on the day on which this Act comes into force.