Building Canada Act — B-9.89 7
Duty to issue document 7 (1) The Minister must issue to the proponent of a national interest project a document that is deemed to be each authorization that is specified in the document in respect of the project. Conditions to issuing document (2) Before a document is issued under subsection (1), (a) the Minister must be satisfied that the proponent has taken all measures, including providing any information and paying any fees, that the proponent is required to take in respect of each authorization that is specified in the document; (b) the Minister must consult the minister who is responsible for the enactment under which each authorization is required with respect to the conditions that should be set out in the document; (b.1) the Minister must undertake a national security review for all state-owned or foreign investments from hostile countries in any national interest project; (c) Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the document relates must be consulted; and (d) the Minister must be satisfied that, with regard to any foreign investments in the project, all necessary measures have been taken to protect national security interests. Participation of Indigenous peoples and report (2.1) For the purposes of consultations required under paragraph (2)(c), the Minister must ensure that a process is established that allows for the active and meaningful participation of the affected Indigenous peoples and that a report of the consultation process and results is made available to the public within 60 days after the day on which a document is issued under subsection (1). Deeming (3) With respect to each authorization that is specified in it, the document is deemed to be the authorization issued under the enactment under which the authorization is required and to meet all of the requirements, under any enactment, that relate to the issuance of the authorization. For greater certainty (4) For greater certainty, any powers that may be exercised and any duties and functions that may be performed in relation to an authorization that is specified in the document may be exercised or performed in relation to an authorization that is deemed to be issued in accordance with subsection (3). Conditions (5) The document must set out the conditions that apply with respect to each authorization that is specified in it. The conditions set out in the document with respect to each authorization are deemed to be conditions imposed under the enactment under which the authorization is required. Subject matter of conditions (6) The conditions set out in the document with respect to each authorization must be conditions that could have been imposed under the enactment under which the authorization is required, taking into account subsection 6 (1). Statutory Instruments Act (7) The Statutory Instruments Act does not apply to the document. Document available to public (8) The document, including any amendments to it, must be made available to the public in the manner determined by the Minister. Documents and information to be made public (9) All documents and information used to issue the document must also be made public. Expiry (10) If the national interest project has not been substantially started within five years of the issuance of the document, the document expires.