GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Impact Assessment Act — I-2.75 181
Environmental assessments by former Agency under 2012 Act 181 (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed. Information or studies (2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force. Extension of time limit (2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies. Continuance or termination of environmental assessment (3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit or notifies the Agency that it will fail to do so, the Agency may decide that the environmental assessment of the designated project is to be continued as an impact assessment under this Act or is to be terminated. Posting of notice on Internet site (4) The Agency must post on the Internet site a notice of any decision made under subsection (3). No review panel (4.1) Despite subsection 36(1), the Minister is not permitted to refer to a review panel an environmental assessment that, in accordance with subsection (3), is continued as an impact assessment under this Act. (4.2) [Repealed, 2024, c. 17, s. 298] (4.3) [Repealed, 2024, c. 17, s. 298] Exception (5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act. 2019, c. 28, s. 1 “181” 2024, c. 17, s. 298
Impact Assessment Act — I-2.75 182
Environmental assessments by other responsible authorities 182 Any environmental assessment of a designated project by the Canadian Nuclear Safety Commission or the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 54 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.
Impact Assessment Act — I-2.75 182.1
Environmental assessments by National Energy Board 182.1 Any environmental assessment of a designated project by the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 31 of the 2012 Act before the day on which this Act comes into force, is continued under the 2012 Act as if that Act had not been repealed.
Impact Assessment Act — I-2.75 183
Environmental assessments referred to review panel 183 (1) Any environmental assessment of a designated project referred to a review panel under section 38 of the 2012 Act before the day on which this Act comes into force is continued under the 2012 Act as if that Act had not been repealed. Request of proponent (2) Despite subsection (1), on request made to the Minister by the proponent of a designated project referred to in that subsection, the environmental assessment is continued as an impact assessment under this Act as if the impact assessment had been referred by the Minister to a review panel under subsection 36(1) of this Act. Power of Agency (2.1) If, within one year after the day on which this subsection comes into force, the proponent of a designated project referred to in subsection (1) fails to collect the information or undertake the studies required by the Agency under section 39 of the 2012 Act, the Agency may, despite subsection (1), decide that the environmental assessment of that project is to be continued as an impact assessment under this Act as if the impact assessment had been referred by the Minister to a review panel under subsection 36(1) of this Act. Posting of notice on Internet site (2.2) The Agency must post on the Internet site a notice of any decision made under subsection (2.1). Rules concerning review panels (3) The following rules apply in respect of an impact assessment referred to in subsection (2): (a) if, before the day on which this Act comes into force, a review panel was established under subsection 42(1) of the 2012 Act, that review panel is deemed to have been established — and its members are deemed to have been appointed — under section 41 of this Act; (b) if, before that day, an agreement or arrangement was entered into under section 40 of the 2012 Act, that agreement or arrangement is deemed to have been entered into under section 39 of this Act; and (c) if, before that day, a review panel was established by an agreement or arrangement entered into under section 40 of the 2012 Act or by document referred to in subsection 41(2) of the 2012 Act, it is deemed to have been established by — and its members are deemed to have been appointed under — an agreement or arrangement entered into under section 39 of this Act or by document referred to in subsection 40 (2) of this Act. 2019, c. 28, s. 1 “183” 2024, c. 17, s. 299
Impact Assessment Act — I-2.75 185
Substitution 185 The environmental assessment of a designated project commenced under the 2012 Act before the day on which this Act comes into force for which the Minister has, before that date, approved the substitution of a process under section 32 of the 2012 Act is continued as if the 2012 Act had not been repealed.
Impact Assessment Act — I-2.75 185.1
Non-application of this Act 185.1 (1) This Act does not apply to a designated project , as defined in subsection 2(1) of the 2012 Act, that is a designated project , as defined in section 2 of this Act, if the former Agency determined that no environmental assessment was required under the 2012 Act or that section 128 of that Act applied to the project. Non-application of this Act (2) This Act does not apply to a designated project , as defined in section 2 of this Act, that is not a designated project , as defined in subsection 2(1) of the 2012 Act, if one of the following conditions applies: (a) the proponent began the carrying out of the project before the day on which this Act comes into force; (b) a federal authority , as defined in subsection 2(1) of the 2012 Act, exercised a power or performed a duty or function conferred on it under any Act of Parliament, other than this Act, that could permit the project to be carried out, in whole or in part; (c) an environmental assessment of the project was commenced or completed before the day on which this Act comes into force by a jurisdiction other than a federal authority , as those terms are defined in subsection 2(1) of the 2012 Act.
Impact Assessment Act — I-2.75 186
Unpaid costs 186 If the proponent of a designated project has not paid any costs or amounts referred to in section 59 of the 2012 Act that were due more than 90 days before the day on which this Act comes into force, the Agency is authorized, despite any other provision of the 2012 Act or this Act, to not commence any preparations for a possible impact assessment of any designated project the proponent proposes to carry out on or after the day on which this Act comes into force until the proponent pays the costs or amounts.
Impact Assessment Act — I-2.75 187
Privileged evidence, documents or things 187 The evidence, documents or things that, before the day on which this Act comes into force, are privileged under subsection 45(4) or (5) of the 2012 Act are considered to be privileged under subsection 53 (4) or (5), respectively, of this Act.
Impact Assessment Act — I-2.75 187.1
Regional studies commenced under 2012 Act 187.1 (1) A study referred to in subsection 73(1) or 74(1) of the 2012 Act that was commenced under that Act but was not completed before the day on which this Act comes into force is continued as an assessment referred to in section 92 or 93, respectively, of this Act. Report provided under 2012 Act (2) A report referred to in section 75 of the 2012 Act is deemed to be a report referred to in subsection 102(1) of this Act that is provided to the Minister on completion of an assessment referred to in section 92 or 93 of this Act.
Impact Assessment Act — I-2.75 188
Regulations 188 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
Impact Assessment Act — I-2.75 1
1 Port authority as defined in subsection 2(1) of the Canada Marine Act .
Impact Assessment Act — I-2.75 2
2 Board as defined in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act .
Impact Assessment Act — I-2.75 3
3 Board as defined in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act .
Impact Assessment Act — I-2.75 1
1 Designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act .
Impact Assessment Act — I-2.75 302
Definitions 302 (1) The following definitions apply in this section and sections 303 to 318 . amended Act means the Impact Assessment Act , as it reads on or after the commencement day. ( loi modifiée ) commencement day means the day on which this section comes into force. ( date de référence ) 2012 Act means the Canadian Environmental Assessment Act, 2012 , section 52 of chapter 19 of the Statutes of Canada, 2012. ( Loi de 2012 ) Terminology (2) Words and expressions used in sections 303 to 318 have the same meaning as in section 2 of the amended Act.
Impact Assessment Act — I-2.75
amended Act means the Impact Assessment Act , as it reads on or after the commencement day. ( loi modifiée )
Impact Assessment Act — I-2.75
commencement day means the day on which this section comes into force. ( date de référence )
Impact Assessment Act — I-2.75
2012 Act means the Canadian Environmental Assessment Act, 2012 , section 52 of chapter 19 of the Statutes of Canada, 2012. ( Loi de 2012 )
Impact Assessment Act — I-2.75 303
Designation of physical activity 303 (1) Despite subsection 9(4) of the amended Act, if, in respect of a request referred to in subsection 9(1) of the amended Act that the Minister received before the commencement day, the Minister has not responded to the request before that day, the Minister must respond, with reasons, within 90 days after that day. The Minister must ensure that the response is posted on the Internet site. Deeming (2) Everything that was done before the commencement day with regard to the physical activity in respect of which the request was made is, if it may or must be done under the amended Act with regard to that physical activity, deemed, as of the day on which the response is posted, to have been done under the amended Act.
Impact Assessment Act — I-2.75 304
Deeming — no impact assessment 304 If the Agency, before the commencement day, made a decision that an impact assessment of a designated project is not required and posted that decision on the Internet site, that decision is deemed, as of that day, to be a decision made under subsection 16(1) of the amended Act.
Impact Assessment Act — I-2.75 305
Designated projects 305 (1) This section applies in respect of a designated project if the Minister or the Agency, during the six-month period that starts on the commencement day, takes a step with regard to that project under any of sections 10 to 59 of the amended Act. Posting (2) The Agency must post a notice on the Internet site that indicates the first step taken, the provision under which it was taken, the date on which it was taken and the designated project in respect of which it was taken. Deeming (3) Everything that was done before the commencement day with regard to a designated project in respect of which a notice is posted under subsection (2) is, if it may or must be done under the amended Act in respect of the designated project, deemed, as of the day on which the first step is taken, to have been done under the amended Act. Agency’s power (4) The Agency may, when the first step is taken with regard to a designated project, replace, in respect of that project, any time limit or period established by or under the amended Act by another time limit or period. Posting (5) The Agency must post a notice on the Internet site that indicates, for each time limit or period that it replaces, the new time limit or period and the designated project with regard to which that new time limit or period applies. Clarification (6) For greater certainty, nothing in subsection (4) affects any power conferred on the Agency under the amended Act to extend or shorten any time limit or period. Definition of first step (7) In this section, first step means the first step taken by the Minister or the Agency under any of sections 10 to 59 of the amended Act in respect of a designated project during the six-month period that starts on the commencement day.
Impact Assessment Act — I-2.75 306
Decision statements issued before commencement day 306 (1) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister, including a decision statement issued by the Minister under subsection 54(1) of the 2012 Act, before the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site. Decision statements issued on or after commencement day (2) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister under subsection 54(1) of the 2012 Act on or after the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site. Deeming (3) A decision statement in respect of which a notice is posted under subsection (1) or (2) is deemed, as of the day on which the notice is posted, to be a decision statement issued under subsection 65(1) of the amended Act.
Impact Assessment Act — I-2.75 307
Amendment to decision statement — Impact Assessment Act 307 (1) Subsection 68(2), paragraph 69(1)(b) and subsection 69(2) of the amended Act do not apply in respect of an amendment made under subsection 68(1) of the amended Act to a decision statement that was issued with respect to a designated project before the commencement day if the amendment (a) is made during the six-month period that starts on that day; (b) removes a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act or amends a condition so that, in the Minister’s opinion, the condition is one that could be included in such a decision statement; and (c) does not add a condition or modify the designated project’s description. Posting of amended decision statement (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site. Deeming (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.
Impact Assessment Act — I-2.75 308
Amendment to decision statement — 2012 Act 308 (1) The Minister may, during the six-month period that starts on the commencement day, amend a decision statement issued by the Minister under subsection 54(1) of the 2012 Act before that day to (a) remove a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act; or (b) amend a condition so that, in the Minister’s opinion, the condition is one that could be included in a decision statement issued under subsection 65(1) of the amended Act. Posting of amended decision statement (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site. Deeming (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.
Impact Assessment Act — I-2.75 309
Regional assessments — committee report not provided 309 (1) If a committee established by the Minister before the commencement day to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose before that day, has not, before that day, provided a report to the Minister in respect of the assessment, (a) the committee is deemed to be established, as the case may be, in accordance with section 92 of the amended Act or in accordance with an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) of the amended Act, on that day; and (b) everything that was done in respect of the assessment before that day by or in respect of the committee is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act. Regional assessments — committee report provided (2) If a committee established by the Minister to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Impact Assessment Act — I-2.75 310
Regional assessments — Agency report not provided 310 (1) If the Agency, having been authorized by the Minister before the commencement day to conduct an assessment described in section 92 or 93 of the amended Act, has not, before that day, provided a report to the Minister in respect of the assessment, (a) the Agency is deemed, as of that day, to be authorized under section 92 or 93 of the amended Act, as the case may be, to conduct an assessment; and (b) everything that was done in respect of the assessment before that day by or in respect of the Agency is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act. Regional assessments — Agency report provided (2) If the Agency, having been authorized by the Minister to conduct an assessment described in section 92 or 93 of the amended Act, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Impact Assessment Act — I-2.75 311
Strategic assessments — committee report not provided 311 (1) If a committee established by the Minister before the commencement day to conduct an assessment described in section 95 of the amended Act has not, before that day, provided a report to the Minister in respect of the assessment, (a) the committee is deemed, on that day, to be established in accordance with section 95 of the amended Act; and (b) everything that was done in respect of that assessment before that day by or in respect of the committee is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act. Strategic assessments — committee report provided (2) If a committee established by the Minister to conduct an assessment described in section 95 of the amended Act has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
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Strategic assessments — Agency report not provided 312 (1) If the Agency, having been authorized by the Minister before the commencement day to conduct an assessment described in section 95 of the amended Act, has not, before that day, provided a report to the Minister in respect of the assessment, (a) the Agency is deemed, as of that day, to be authorized under section 95 of the amended Act to conduct that assessment; and (b) everything that was done in respect of that assessment before that day by or in respect of the Agency is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act. Strategic assessments — Agency report provided (2) If the Agency, having been authorized by the Minister to conduct an assessment described in section 95 of the amended Act, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Impact Assessment Act — I-2.75 313
Time limit — response to request for assessment 313 Despite section 8 of the Information and Management of Time Limits Regulations , for the purpose of subsection 97(1) of the amended Act, if, in respect of a request that an assessment described in section 92, 93 or 95 of the amended Act be conducted, the Minister has not responded before the commencement day, the Minister must respond within 90 days after that day.
Impact Assessment Act — I-2.75 314
Agreements or arrangements 314 (1) Any agreement or arrangement described in paragraph 114(1)(c) or (f) of the amended Act that was entered into by the Minister before the commencement day is deemed, as of that day, to be an agreement or arrangement entered into under paragraph 114(1)(c) or (f) of the amended Act, as the case may be. International agreements or arrangements (2) Any agreement or arrangement described in subsection 114(2) of the amended Act that was entered into by the Minister and the Minister of Foreign Affairs before the commencement day is deemed, as of that day, to be an agreement or arrangement entered into under subsection 114(2) of the amended Act. Non-application (3) Subsection 114(3) of the amended Act does not apply in respect of the agreements or arrangements referred to in subsections (1) and (2).
Impact Assessment Act — I-2.75 315
Cost Recovery Regulations 315 The Cost Recovery Regulations , as they read on August 27, 2019, registered as SOR/2012-146, are deemed to be made by the Governor in Council, under section 109 of the amended Act, on the commencement day.
Impact Assessment Act — I-2.75 2
2 (1) The definition review panel in section 2 of the Impact Assessment Act is amended by adding the following after paragraph (b): (b.1) under subsection 46.1 (1); (2) The definition review panel in section 2 of the Act is amended by adding the following after paragraph (c): (c.1) under subsection 48.1 (1); (3) Section 2 of the Act is amended by adding the following in alphabetical order: Canada–Nova Scotia Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act . ( Régie Canada — Nouvelle-Écosse de l’énergie extracôtière ) (4) Section 2 of the Act is amended by adding the following in alphabetical order: Canada–Newfoundland and Labrador Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act . ( Régie Canada — Terre-Neuve-et-Labrador de l’énergie extracôtière )
Impact Assessment Act — I-2.75
Canada–Nova Scotia Offshore Energy Regulator has the meaning assigned by the definition Regulator in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act . ( Régie Canada — Nouvelle-Écosse de l’énergie extracôtière )