Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Marginal note:Non-application — national security

• 115 (1) The Governor in Council may, by order, exclude a designated project from the application of this Act if, in the Governor in Council’s opinion, the designated project is one in relation to which there are matters of national security.

• Marginal note:Non-application — national emergency or emergency

  (2) The Minister may, by order, exclude a designated project from the application of this Act if, in the Minister’s opinion, the designated project is one to be carried out in response to

  • (a) a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (b) an emergency, and carrying out the designated project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

• Marginal note:Posting of notice of order on Internet site

  (3) The Agency must post on the Internet site a notice of any order made under subsection (2).

Marginal note:Statutory Instruments Act

116 An order made under subsection 9(1) or 115(1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Minister’s Advisory Council

Marginal note:Advisory council to be established

• 117 (1) The Minister must establish an advisory council to advise him or her on issues related to the implementation of the impact assessment and regional and strategic assessment regimes set out under this Act.

• Marginal note:Appointment

  (2) The Minister must appoint members to the advisory council, including a chairperson.

• Marginal note:Membership

  (3) The membership of the council 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.

Marginal note:Meetings

• 118 (1) The advisory council must meet at least once a year.

• Marginal note:First report

  (2) Within three months after the end of the fiscal year during which the first anniversary of the coming into force of this Act occurs, the advisory council must submit to the Minister a report setting out the advice it provided during the period beginning on the day on which this Act comes into force and ending on the day on which that fiscal year ends, including the advice with respect to regional and strategic assessments to be given priority.

• Marginal note:Subsequent reports

  (3) Within three months after the end of each period of two fiscal years not addressed by the previous report, the advisory council must provide to the Minister a report setting out the advice it provided during that period of two fiscal years, including the advice with respect to regional and strategic assessments to be given priority.

• Marginal note:Tabling of report

  (4) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report and then ensure the report is posted on the Internet site.

• Marginal note:Minister’s comments

  (5) Within 90 days after the day on which he or she receives the report, the Minister must provide his or her comments on the report to the advisory council, including with respect to the advice the council provided about regional and strategic assessments, and then ensure they are posted on the Internet site.

Indigenous Knowledge

Marginal note:Confidentiality

• 119 (1) Any Indigenous knowledge that is provided to the Minister, the Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

• Marginal note:Exception

  (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

  • (a) it is publicly available;

  • (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

  • (c) the disclosure is authorized in the prescribed circumstances.

• Marginal note:Consultation

  (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

• Marginal note:Further disclosure

  (3) The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

• Marginal note:Duty to comply

  (4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.

Administration and Enforcement

Enforcement Officers and Analysts

Marginal note:Designation

• 120 (1) The President of the Agency may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.

• Marginal note:Certificate

  (2) The President of the Agency must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 122(1).

Marginal note:Immunity

121 No action or other proceeding of a civil nature lies against an enforcement officer or analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.

Powers

Marginal note:Authority to enter

• 122 (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, enter a place in which they have reasonable grounds to believe a designated project is or was being carried out or a record or anything relating to a designated project is located.

• Marginal note:Powers on entry

  (2) The enforcement officer may, for those purposes,

  • (a) examine anything in the place;

  • (b) use any means of communication in the place or cause it to be used;

  • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

  • (d) prepare a document, or cause one to be prepared, based on the data;

  • (e) use any copying equipment in the place, or cause it to be used;

  • (f) remove anything from the place for examination or copying;

  • (g) take photographs and make recordings or sketches;

  • (h) direct the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;

  • (i) direct the owner or a person having possession, care or control of anything in the place not to move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;

  • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

  • (k) prohibit or limit access to all or part of the place.

• Marginal note:Person accompanying enforcement officer

  (3) An enforcement officer who enters a place under subsection (1) may be accompanied by any other person that they believe is necessary to help them exercise their powers and perform their duties and functions under this section.

• Marginal note:Analysts

  (4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g).

• Marginal note:Duty to assist

  (5) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer or analyst to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose.

Marginal note:Warrant for dwelling-house

• 123 (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 122(1);

  • (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.

Marginal note:Entry on private property

• 124 (1) For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

• Marginal note:Person accompanying

  (2) A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so.

Marginal note:Production of documents

• 125 (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act.

• Marginal note:Proof of delivery

  (2) The enforcement officer must make the request by a means that provides a record of delivery.

• Marginal note:Compliance

  (3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.

Notice of Non-compliance

Marginal note:Issuance

• 126 (1) If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.

• Marginal note:Contents of notice

  (2) The notice must be made in writing and must set out

  • (a) the name of the person or entity to whom it is directed;

  • (b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened;

  • (c) the relevant facts surrounding the alleged contravention; and

  • (d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.

Orders

Marginal note:Measures required

• 127 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to

  • (a) stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or

  • (b) take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance.

• Marginal note:Contents of order

  (2) Subject to section 128, the order must be made in writing and must set out

  • (a) the name of the person or entity to whom it is directed;

  • (b) the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68, that is alleged to have been or that is likely to be contravened;

  • (c) the relevant facts surrounding the alleged contravention;

  • (d) the measures to be taken;

  • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

  • (f) the duration of the order;

  • (g) a statement that the person or entity may provide comments to the enforcement officer in response to the order; and

  • (h) a statement that a request for a review may be made to the President of the Agency and the time period for doing so.

• Marginal note:Variation or cancellation of order

  (3) The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order,

  • (a) amend or suspend a condition of the order, add a condition to it or delete a condition from it;

  • (b) cancel the order;

  • (c) correct a clerical error in the order; or

  • (d) extend the order’s duration.

Marginal note:Exigent circumstances

• 128 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127.

• Marginal note:For greater certainty

  (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127(2) would likely result in danger to the environment, human life or health or public safety.

Marginal note:Duty to comply with order

• 129 (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order.

• Marginal note:Measures taken by enforcement officer

  (2) If the person or entity does not comply with the order within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.