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

Marginal note:Informal proceedings

54 A review panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of hearings and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the rules of evidence.

Marginal note:Copy posted on Internet site

55 On receiving a report with respect to the impact assessment of the designated project by a review panel, the Minister must ensure that a copy of the report is posted on the Internet site.

Marginal note:Recommendations

• 55.1 (1) The Agency must make recommendations to assist the Minister in establishing conditions under section 64 in respect of the designated project that is the subject of a report referred to in section 55.

• Marginal note:Recommendations posted on Internet site

  (2) The Agency must post its recommendations on the Internet site.

Marginal note:Studies and collection of information

56 The Minister may, before making a referral under section 61, require the proponent of the designated project to collect any information or undertake any studies that are necessary for the Governor in Council to make any determination under section 62.

Confidential Information

Marginal note:Non-disclosure

57 If the Agency is of the opinion that, in respect of a review panel to which it is providing or has provided support under paragraph 156(1)(a), the disclosure of a record would reveal the substance of the panel’s deliberations in relation to an impact assessment that the panel is conducting or has conducted, the Agency may refuse to disclose the record to any person who is not a member of the review panel.

Rules in Case of Termination

Marginal note:Power to terminate

• 58 (1) The Minister may terminate the assessment by a review panel of a designated project if

  • (a) he or she is of the opinion that the review panel will not submit its report within the time limit established under paragraph 37(1)(a), including any extension of that time limit; or

  • (b) the review panel fails to submit its report within that time limit, including any extension of that time limit.

• Marginal note:Preliminary consultations

  (2) Before the Minister exercises the power referred to in subsection (1) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must

  • (a) in the case of an agreement or arrangement referred to in subsection 39(1), consult with the jurisdiction with which the agreement or arrangement was entered into;

  • (b) in the case of an agreement or arrangement referred to in subsection 39(3), obtain the approval of the Minister of Foreign Affairs and consult with the jurisdiction with which the agreement or arrangement was entered into; and

  • (c) in the case of a document referred to in subsection 40(2), consult with the Mackenzie Valley Environmental Impact Review Board.

• Marginal note:Preliminary consultations — other

  (3) The Minister must, before he or she exercises the power referred to in subsection (1) with respect to one of the following review panels,

  • (a) in the case of a review panel established under subsection 44(1), consult with the President of the Canadian Nuclear Safety Commission; and

  • (b) in the case of a review panel established under subsection 47(1), consult with the Lead Commissioner of the Canadian Energy Regulator.

Marginal note:Completion of impact assessment by Agency

• 59 (1) When the assessment by a review panel of a designated project is terminated under section 58, the Agency must, in accordance with directives provided by the Minister, complete the impact assessment of the designated project and prepare a report and submit it to the Minister.

• Marginal note:Effects set out in report

  (2) The report must set out the effects that, in the Agency’s opinion, are likely to be caused by the carrying out of the designated project. It must also indicate, from among the effects set out in the report, those that are adverse effects within federal jurisdiction and those that are direct or incidental adverse effects and specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant.

• Marginal note:Report — Indigenous knowledge

  (3) Subject to section 119, the report must set out how the Agency, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.

Decision-Making

Marginal note:Minister’s decision

• 60 (1) After taking into account the report with respect to the impact assessment of a designated project that is submitted to the Minister under subsection 28(2) or at the end of the assessment of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister must

  • (a) determine, after taking into account the implementation of any mitigation measures that the Minister considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and

  • (b) if the Minister determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Minister determined them to be significant and the factors referred to in section 63, justified in the public interest.

• Marginal note:Referral to Governor in Council

  (1.1) After taking into account the report referred to in subsection (1) or at the end of the assessment of the effects of a designated project in respect of which the Minister has approved a substitution under section 31, the Minister may, instead of making the determinations under that subsection, refer to the Governor in Council the matter of making those determinations.

• Marginal note:Notice posted on Internet site

  (2) If the Minister refers the matter to the Governor in Council, he or she must ensure that a notice of the referral and the reasons for it are posted on the Internet site.

Marginal note:Referral to Governor in Council

• 61 (1) After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council

  • (a) the matter of determining, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and

  • (b) the matter of determining whether the effects, if any, that are likely to be, to some extent, significant are, in light of the extent to which they are significant and the factors referred to in section 63, justified in the public interest.

• Marginal note:Definition of responsible Minister

  (1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

  • (a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;

  • (a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;

  • (b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act;

  • (c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.

• Marginal note:Responsible Minister’s obligation

  (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

  • (a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

  • (b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.

Marginal note:Governor in Council’s determination

62 If a matter is referred to the Governor in Council under subsection 60(1.1) or 61(1), the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project,

• (a) determine, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and

• (b) if the Governor in Council determines that any of the effects referred to in paragraph (a) are likely to be, to some extent, significant, determine whether the effects so determined are, in light of the extent to which the Governor in Council determined them to be significant and the factors referred to in section 63, justified in the public interest.

Marginal note:Factors — justification in public interest

63 The Minister’s determination under paragraph 60(1)(b), and the Governor in Council’s determination under paragraph 62(b), must be based on the report with respect to the impact assessment of the designated project and a consideration of the following factors:

• (a) the impact that the effects that are likely to be caused by the carrying out of that project may have on any Indigenous group and any adverse impact that those effects may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

• (b) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and

• (c) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to sustainability.

Marginal note:Conditions — adverse effects within federal jurisdiction

• 64 (1) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish any conditions that the Minister considers appropriate in relation to the adverse effects within federal jurisdiction that are indicated in the report. The proponent of the designated project must comply with those conditions.

• Marginal note:Conditions — direct or incidental adverse effects

  (2) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish in relation to the direct or incidental adverse effects that are indicated in the report any conditions that the Minister considers appropriate and that are directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit the designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that project. The proponent of the designated project must comply with those conditions.

• Marginal note:Conditions subject to exercise of power or performance of duty or function

  (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance.

• Marginal note:Mitigation measures and follow-up program

  (4) The conditions referred to in subsections (1) and (2) must include

  • (a) the implementation of the mitigation measures that the Minister takes into account in making any determination under subsection 60(1), or that the Governor in Council takes into account in making any determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and

  • (b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.

Decision Statement

Marginal note:Decision statement issued to proponent

• 65 (1) The Minister must issue a decision statement to the proponent of a designated project that

  • (a) informs the proponent of any determination made under subsection 60(1) or section 62 in relation to that project and the reasons for the determination;

  • (b) includes any conditions that are established under section 64 in relation to the designated project and that must be complied with by the proponent;

  • (c) sets out the period established under subsection 70(1); and

  • (d) includes a description of the designated project.

• Marginal note:Detailed reasons

  (2) The reasons for the determination must demonstrate that the Minister or the Governor in Council, as the case may be, based the determination on the report with respect to the impact assessment of the designated project and considered each of the factors referred to in section 63.

• Marginal note:Time limit — Minister’s determination

  (3) The Minister must issue the decision statement no later than 30 days after the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site if the Minister

  • (a) makes a determination under paragraph 60(1)(a) that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are not likely to be, to some extent, significant; or

  • (b) makes a determination under paragraph 60(1)(b).

• Marginal note:Time limit — Governor in Council’s decision

  (4) If the Governor in Council makes a determination under paragraph 62(a) that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are not likely to be, to some extent, significant or makes a determination under paragraph 62(b), the Minister must issue the decision statement no later than 90 days after

  • (a) the day on which the report with respect to the impact assessment of the designated project, or a summary of that report, is posted on the Internet site, if the report is submitted to the Minister under subsection 28(2) or section 59 or at the end of the assessment under the process approved under section 31; or

  • (b) the day on which the Agency posts its recommendations on the Internet site under subsection 55.1(2), if the recommendations are in respect of a designated project that is the subject of a report received by the Minister under section 55.

• Marginal note:Extension of time limit by Minister

  (5) The Minister may extend the time limit referred to in subsection (3) or (4) by any period — up to a maximum of 90 days — that is necessary to take into account circumstances that are specific to the designated project or to facilitate cooperation with a jurisdiction referred to in section 21.

• Marginal note:Extension of time limit by Governor in Council

  (6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) by any period that is necessary to take into account circumstances that are specific to the designated project or to facilitate cooperation with a jurisdiction referred to in section 21.

• Marginal note:Proponent informed of extension

  (7) The Minister must inform the proponent in writing of any extension granted under this section and the reasons for granting it and ensure that a notice of the extension and the reasons for granting it are posted on the Internet site.