Impact Assessment Act (S.C. 2019, c. 28, s. 1)
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Act current to 2024-10-30 and last amended on 2024-06-20. Previous Versions
AMENDMENTS NOT IN FORCE
— 2019, c. 28, s. 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 Petroleum Board
Canada-Nova Scotia Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Office Canada Nouvelle-Écosse des hydrocarbures extracôtiers)
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- Canada–Newfoundland and Labrador Offshore Petroleum Board
Canada–Newfoundland and Labrador Offshore Petroleum Board has the meaning assigned by the definition Board in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Office Canada — Terre-Neuve-et-Labrador des hydrocarbures extracôtiers)
— 2019, c. 28, s. 3
3 (1) Subsection 39(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the Canada-Nova Scotia Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act;
(2) Subsection 39(2) of the Act is amended by adding the following after paragraph (b):
(c) the Canada-Newfoundland and Labrador Offshore Petroleum Board if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
— 2019, c. 28, s. 4
4 (1) Subsection 41(2) of the Act is amended by adding the following after paragraph (b):
(b.1) section 46.1;
(2) Subsection 41(2) of the Act is amended by adding the following after paragraph (c):
(d) section 48.1.
— 2019, c. 28, s. 5
5 (1) Section 43 of the Act is amended by adding the following after paragraph (a):
(2) Section 43 of the Act is amended by adding the following after paragraph (b):
— 2019, c. 28, s. 6
6 The Act is amended by adding the following after section 46:
Terms of reference — Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation 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 Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four 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 two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(b.1), on the recommendation of the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
— 2019, c. 28, s. 7
7 The Act is amended by adding the following after section 48:
Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation 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 Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the chairperson and at least four 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 two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
— 2019, c. 28, s. 8
8 (1) Paragraph 50(a) of the Act is amended by adding the following after subparagraph (ii):
(ii.1) subsection 46.1(1),
(2) Paragraph 50(a) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) subsection 48.1(1);
(3) Section 50 of the Act is amended by adding the following after paragraph (b):
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;
(4) Section 50 of the Act is amended by adding the following after paragraph (c):
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources.
— 2024, c. 20, par. 214(1)(f)
Replacement of Canada–Newfoundland and Labrador Atlantic Accord Implementation Act — Acts
214 (1) Every reference to “Canada–Newfoundland and Labrador Atlantic Accord Implementation Act” in the following provisions is replaced by a reference to “Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act”:
(f) in the Impact Assessment Act,
(i) paragraph 21(a),
(ii) paragraph 32(b),
(iii) subsection 67(3.1), and
(iv) Schedule 1;
— 2024, c. 20, par. 215(b)
Replacement of “Canada–Newfoundland and Labrador Offshore Petroleum Board”
215 Every reference to “Canada–Newfoundland and Labrador Offshore Petroleum Board” in the following provisions is replaced by a reference to “Canada–Newfoundland and Labrador Offshore Energy Regulator”:
(b) subsection 13(2) of the Impact Assessment Act; and
— 2024, c. 20, par. 216(1)(f)
Replacement of “Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act” in other federal Acts
216 (1) Every reference to “Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act” in the following provisions is replaced by a reference to “Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act”:
(f) in the Impact Assessment Act,
(i) paragraph 21(a),
(ii) paragraph 32(b),
(iii) subsection 67(3.1), and
(iv) Schedule I;
— 2024, c. 20, par. 217(c)
Replacement of “Canada-Nova Scotia Offshore Petroleum Board”
217 Every reference to “Canada-Nova Scotia Offshore Petroleum Board” in the following provisions is replaced by a reference to “Canada–Nova Scotia Offshore Energy Regulator”:
(c) subsection 13(2) of the Impact Assessment Act; and
— 2024, c. 20, ss. 220(1) to (4), (6) to (8)
2019, c. 28
220 (1) In this section, other Act means An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, chapter 28 of the Statutes of Canada, 2019.
(2) If subsection 2(3) of the other Act comes into force before sections 108 and 109 of this Act, then, on the day on which those sections 108 and 109 come into force,
(a) the definition Canada-Nova Scotia Offshore Petroleum Board in section 2 of the Impact Assessment Act is replaced by the following:
- Canada–Nova Scotia Offshore Energy Regulator
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)
(b) paragraph 39(2)(a.1) of the Impact Assessment Act is replaced by the following:
(a.1) the Canada–Nova Scotia Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(c) paragraph 43(a.1) of the Impact Assessment Act is replaced by the following:
(a.1) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(d) subsection 46.1(1) of the Impact Assessment Act is replaced by the following:
Terms of reference — Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act
46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management 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 Chairperson of the Canada–Nova Scotia Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
(e) subsection 46.1(3) of the Impact Assessment Act is replaced by the following:
Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(b.1), on the recommendation of the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator.
(f) subparagraphs 50(1)(b.1)(i) and (ii) of the Impact Assessment Act are replaced by the following:
(i) who are members of the Canada–Nova Scotia Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources;
(3) If section 108 of this Act comes into force before subsection 2(3) of the other Act,
(a) subsection 2(3) of the other Act is replaced by the following:
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- Canada–Nova Scotia Offshore Energy Regulator
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)
(b) subsection 3(1) of the other Act is replaced by the following:
3 (1) Subsection 39(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the Canada–Nova Scotia Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(c) subsection 5(1) of the other Act is replaced by the following:
5 (1) Section 43 of the Act is amended by adding the following after paragraph (a):
(a.1) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act;
(d) section 6 of the other Act is replaced by the following:
6 The Act is amended by adding the following after section 46:
Terms of reference — Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act
46.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management 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 Chairperson of the Canada–Nova Scotia Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four 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 two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(b.1), on the recommendation of the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
(e) subsection 8(3) of the other Act is replaced by the following:
(3) Subsection 50(1) of the Act is amended by adding the following after paragraph (b):
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
(i) who are members of the Canada–Nova Scotia Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources;
(4) If subsection 2(3) of the other Act comes into force on the same day as section 108 of this Act, then that subsection 2(3) is deemed to have come into force before that section 108 and subsection (2) applies as a consequence.
(6) If subsection 2(4) of the other Act comes into force before section 2 of this Act, then, on the day on which that section 2 comes into force,
(a) the definition Canada–Newfoundland and Labrador Offshore Petroleum Board in section 2 of the Impact Assessment Act is replaced by the following:
- Canada–Newfoundland and Labrador Offshore Energy Regulator
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)
(b) paragraph 39(2)(c) of the Impact Assessment Act is replaced by the following:
(c) the Canada–Newfoundland and Labrador Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(c) paragraph 43(c) of the Impact Assessment Act is replaced by the following:
(c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(d) subsection 48.1(1) of the Impact Assessment Act is replaced by the following:
Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act
48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management 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 Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four other members.
(e) subsection 48.1(3) of the Impact Assessment Act is replaced by the following:
Appointment from roster
(3) At least two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator.
(f) subparagraphs 50(1)(d)(i) and (ii) of the Impact Assessment Act are replaced by the following:
(i) who are members of the Canada–Newfoundland and Labrador Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources.
(7) If section 2 of this Act come into force before subsection 2(4) of the other Act,
(a) subsection 2(4) of the other Act is replaced by the following:
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- Canada–Newfoundland and Labrador Offshore Energy Regulator
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)
(b) subsection 3(2) of the other Act is replaced by the following:
(2) Subsection 39(2) of the Act is amended by adding the following after paragraph (b):
(c) the Canada–Newfoundland and Labrador Offshore Energy Regulator if the designated project includes physical activities that are regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(c) subsection 5(2) of the other Act is replaced by the following:
(2) Section 43 of the Act is amended by adding the following after paragraph (b):
(c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
(d) section 7 of the other Act is replaced by the following:
7 The Act is amended by adding the following after section 48:
Terms of reference — Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act
48.1 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management 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 Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator and the Agency must, within the same period, appoint the chairperson and at least four 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 two of the persons appointed under subsection (1) must be appointed from a roster established under paragraph 50(1)(d), on the recommendation of the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
(e) subsection 8(4) of the other Act is replaced by the following:
(4) Subsection 50(1) of the Act is amended by adding the following after paragraph (c):
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
(i) who are members of the Canada–Newfoundland and Labrador Offshore Energy Regulator and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Regulator and the Minister of Natural Resources.
(8) If subsection 2(4) of the other Act comes into force on the same day as section 2 of this Act, then that subsection 2(4) is deemed to have come into force before that section 2 and subsection (6) applies as a consequence.
- Date modified: