Impact Assessment Act

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Sections1,349

• 1Short title

  This Act may be cited as the Impact Assessment Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  adverse effects within federal jurisdiction means, with respect to a physical activity or a designated project, In the case of a physical activity or a designated project that is carried out on federal lands or is a federal work or undertaking, as defined in subsection 3(1) of the Canadian Environmental Protection Act, 1999, this definition also includes the non-negligible adverse effects of that activity or project. (effets négatifs relevant d’un domaine de compétence fédérale)

• 2[p2](a)

  a non-negligible adverse change to the following components of the environment that are within the legislative authority of Parliament:

• 2[p3]
• 2[p2](a)(i)

  fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,

• 2[p4]
• 2[p2](a)(ii)

  aquatic species, as defined in subsection 2(1) of the Species at Risk Act,

• 2[p5]
• 2[p2](a)(iii)

  migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and

• 2[p6]
• 2[p2](a)(iv)

  any other component of the environment that is set out in Schedule 3;

• 2[p7]
• 2[p2](b)

  a non-negligible adverse change to the environment that would occur on federal lands;

• 2[p7](a)
• 2[p2](c)

  a non-negligible adverse change to the marine environment that is caused by pollution and that would occur outside Canada;

• 2[p7](b)
• 2[p10]
• 2[p2](d)

  a non-negligible adverse change — that is caused by pollution — to boundary waters or international waters, as those terms are defined in subsection 2(1) of the Canada Water Act, or to interprovincial waters;

• 2[p11]
• 2[p2](e)

  with respect to the Indigenous peoples of Canada, a non-negligible adverse impact — occurring in Canada and resulting from any change to the environment — on

• 2[p12]
• 2[p2](e)(i)

  physical and cultural heritage,

• 2[p12](a)
• 2[p2](e)(ii)

  the current use of lands and resources for traditional purposes, or

• 2[p12](a)(i)
• 2[p2](e)(iii)

  any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;

• 2[p12](a)(ii)
• 2[p2](f)

  a non-negligible adverse change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and

• 2[p12](a)(iii)
• 2[p2](g)

  a non-negligible adverse change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3.

• 2[p12](a)(iv)
• 2[p17]

  Agency means the Impact Assessment Agency of Canada that is continued under section 153. (Agence)

• 2[p12](b)
• 2[p18]

  analyst means a person or a member of a class of persons designated as an analyst under subsection 120(1). (analyste)

• 2[p12](b)(i)
• 2[p19]

  assessment by a review panel means an impact assessment that is conducted by a review panel. (examen par une commission)

• 2[p12](b)(ii)
• 2[p20]

  Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act. (Régie canadienne de l’énergie)

• 2[p12](b)(iii)
• 2[p21]

  Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by section 8 of the Nuclear Safety and Control Act. (Commission canadienne de sûreté nucléaire)

• 2[p12](c)
• 2[p22]

  designated project means one or more physical activities that It includes any physical activity that is incidental to those physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). (projet désigné)

• 2[p12](c)(i)
• 2[p22](a)

  are carried out in Canada or on federal lands; and

• 2[p12](c)(ii)
• 2[p22](b)

  are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1).

• 2[p12](c)(iii)
• 2[p25]

  direct or incidental adverse effects means non-negligible adverse effects that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of a physical activity or designated project, or to a federal authority’s provision of financial assistance to a person for the purpose of enabling that activity or project to be carried out, in whole or in part. (effets directs ou accessoires négatifs)

• 2[p12](d)
• 2[p26]Repealed

  direct or incidental effects[Repealed, 2024, c. 17, s. 271]

• 2[p12](e)
• 2[p27]

  effects means, unless the context requires otherwise, changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes. (effets)

• 2[p28]Repealed

  effects within federal jurisdiction[Repealed, 2024, c. 17, s. 271]

• 2[p29]

  enforcement officer means a person or a member of a class of persons designated as an enforcement officer under subsection 120(1). (agent de l’autorité)

• 2[p29](a)
• 2[p30]

  environment means the components of the Earth, and includes

• 2[p29](b)
• 2[p30](a)

  land, water and air, including all layers of the atmosphere;

• 2[p29](c)
• 2[p30](b)

  all organic and inorganic matter and living organisms; and

• 2[p30](c)

  the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)

• 2[p33]
• 2[p33](a)
• 2[p34]

  federal authority means It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is a wholly-owned subsidiary, as defined in that subsection, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1. (autorité fédérale)

• 2[p33](b)
• 2[p34](a)

  a Minister of the Crown in right of Canada;

• 2[p33](c)
• 2[p34](b)

  an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

• 2[p33](d)
• 2[p34](c)

  any department or departmental corporation that is set out in Schedule I, I.1 or II to the Financial Administration Act; and

• 2[p34](d)

  any other body that is set out in Schedule 1.

• 2[p38]
• 2[p38](a)
• 2[p39]

  federal lands means

• 2[p38](b)
• 2[p39](a)

  lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;

• 2[p38](b)(i)
• 2[p39](b)

  the following lands and areas:

• 2[p38](b)(ii)
• 2[p39](b)(i)

  the internal waters of Canada, in any area of the sea not within a province,

• 2[p38](b)(iii)
• 2[p39](b)(ii)

  the territorial sea of Canada, in any area of the sea not within a province,

• 2[p38](b)(iv)
• 2[p39](b)(iii)

  the exclusive economic zone of Canada, and

• 2[p38](c)
• 2[p39](b)(iv)

  the continental shelf of Canada; and

• 2[p39](c)

  reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands. (territoire domanial)

• 2[p46]
• 2[p47]

  follow-up program means a program for verifying the accuracy of the impact assessment of a designated project and determining the effectiveness of any mitigation measures. (programme de suivi)

• 2[p48]

  impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act. (évaluation d’impact)

• 2[p49]

  Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

• 2[p50]

  Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

• 2[p51]

  Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

• 2[p52]

  Internet site means the Internet site that is established under section 105. (site Internet)

• 2[p52](a)
• 2[p53]

  jurisdiction means

• 2[p52](b)
• 2[p53](a)

  a federal authority;

• 2[p52](c)
• 2[p53](b)

  any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• 2[p52](d)
• 2[p53](c)

  the government of a province;

• 2[p52](e)
• 2[p53](d)

  any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• 2[p52](f)
• 2[p53](e)

  any body — including a co-management body — established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

• 2[p52](f)(i)
• 2[p53](f)

  an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project

• 2[p52](f)(ii)
• 2[p53](f)(i)

  under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or

• 2[p52](g)
• 2[p53](f)(ii)

  under an Act of Parliament other than this Act or under an Act of the legislature of a province, including a law that implements a self-government agreement;

• 2[p52](h)
• 2[p53](g)

  an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);

• 2[p52](i)
• 2[p53](h)

  a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

• 2[p53](i)

  an international organization of states or any institution of such an organization. (instance)

• 2[p64]
• 2[p65]

  Minister means the Minister of the Environment. (ministre)

• 2[p66]

  mitigation measures means measures to eliminate, reduce, control or offset adverse effects within federal jurisdiction, direct or incidental adverse effects or adverse environmental effects, as defined in section 81, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation)

• 2[p67]

  prescribed means prescribed by the regulations. (Version anglaise seulement)

• 2[p68]

  proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. (promoteur)

• 2[p69]

  record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it. (document)

• 2[p70]

  Registry means the Canadian Impact Assessment Registry established under section 104. (registre)

• 2[p70](a)
• 2[p71]

  review panel means a review panel established

• 2[p70](b)
• 2[p71](a)

  under section 41;

• 2[p70](c)
• 2[p71](b)

  under subsection 44(1);

• 2[p70](d)
• 2[p71](c)

  under subsection 47(1);

• 2[p70](e)
• 2[p71](d)

  under an agreement or arrangement entered into under subsection 39(1) or (3); or

• 2[p71](e)

  by document referred to in subsection 40(2). (commission)

• 2[p76]
• 2[p77]

  sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations. (durabilité)

• 3Repealed

  [Repealed, 2024, c. 30, s. 33]

• 4Non-application

  This Act does not apply in respect of physical activities to be carried out wholly within lands described in Schedule 2.

• 5Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 6Purpose
• 6(1)

  The purpose of this Act is to prevent or mitigate significant adverse effects within federal jurisdiction — and significant direct or incidental adverse effects — that may be caused by the carrying out of designated projects, as well as significant adverse environmental effects, as defined in section 81, that may be caused by the carrying out of projects, as defined in that section, by establishing processes to anticipate, identify and assess the potential effects of those projects in order to inform decision making under this or any other Act of Parliament in respect of those effects.

• 6(1)(a)
• 6(1)(b)
• 6(2)Mandate

  The Government of Canada, the Minister, the Agency and federal authorities, in the administration of this Act, must exercise their powers in a manner that fosters sustainability, respects the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, takes into account Indigenous knowledge, considers the cumulative effects of physical activities, applies the precautionary principle and promotes cooperation among jurisdictions and with the Indigenous peoples of Canada.

• 6(1)(b.1)
• 6(3)Application of principles to powers

  The Government of Canada, the Minister, the Agency and federal authorities must, in the administration of this Act, exercise their powers in a manner that

• 6(1)(c)
• 6(3)(a)

  ensures that processes referred to in subsection (1) are fair, predictable and efficient; and

• 6(1)(d)
• 6(3)(b)

  adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.

• 6(1)(e)
• 7Proponent
• 6(1)(f)
• 7(1)

  Subject to subsection (3), the proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause any adverse effects within federal jurisdiction.

• 6(1)(g)
• 7(2)Schedule 3

  The Governor in Council may, by order, amend Schedule 3 to add or remove a component of the environment or a health, social or economic matter.

• 6(1)(h)
• 7(3)Conditions

  The proponent of a designated project may do an act or thing in connection with the carrying out of the designated project, in whole or in part, that may cause adverse effects within federal jurisdiction if

• 6(1)(i)
• 7(3)(a)

  the Agency makes a decision under subsection 16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site;

• 6(1)(j)
• 7(3)(b)

  the proponent complies with the conditions included in the decision statement that is issued to the proponent under section 65 with respect to that designated project and is not expired or revoked; or

• 6(1)(k)
• 7(3)(c)

  the Agency permits the proponent to do that act or thing, subject to any conditions that it establishes, for the purpose of providing to the Agency the information or details that it requires in order to prepare for a possible impact assessment of that designated project or for the purpose of providing to the Agency or a review panel the information or studies that it considers necessary for it to conduct the impact assessment of that designated project.

• 6(1)(l)
• 7(4)Repealed

  [Repealed, 2024, c. 17, s. 273]

• 6(1)(m)
• 8Federal authority

  A federal authority must not exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part and must not provide financial assistance to any person for the purpose of enabling that designated project to be carried out, in whole or in part, unless

• 6(1)(n)
• 8(a)

  the Agency makes a decision under subsection 16(1) that no impact assessment of the designated project is required and posts that decision on the Internet site;

• 8(b)

  the decision statement with respect to the designated project that is issued to the proponent of the designated project under section 65 sets out that

• 8(b)(i)

  the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report with respect to the impact assessment of that project are not likely to be, to some extent, significant, or

• 8(b)(ii)

  the Minister has determined under paragraph 60(1)(b), or the Governor in Council has determined under paragraph 62(b), that the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are the subject of the determination are justified in the public interest; or

• 8(c)

  the exercise of the power, the performance of the duty or function or the provision of financial assistance is for the purpose of authorizing the proponent to do an act or thing referred to in paragraph 7(3)(c).

• 7(1)(a)
• 9Minister’s power to designate
• 7(1)(a)(i)
• 9(1)

  The Minister may, on request or on the Minister’s own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in the Minister’s opinion, the carrying out of that physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.

• 7(1)(a)(ii)
• 9(2)Factors

  If the Minister is of the opinion that the carrying out of the physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects, the Minister may, in deciding whether to make an order, consider

• 7(1)(a)(iii)
• 9(2)(a)

  public concerns related to the adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity;

• 7(1)(a)(iv)
• 9(2)(b)

  the adverse impacts that the physical activity may have on the rights of the Indigenous peoples of Canada — including Indigenous women — recognized and affirmed by section 35 of the Constitution Act, 1982;

• 7(1)(b)
• 9(2)(c)

  any relevant assessment referred to in section 92, 93 or 95;

• 7(1)(b)(i)
• 9(2)(d)

  whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that may be caused by the carrying out of the physical activity; and

• 7(1)(b)(ii)
• 9(2)(e)

  any other factor that the Minister considers relevant.

• 7(1)(b)(iii)
• 9(3)Agency’s power to require information

  The Agency may require any person or entity to provide information with respect to any physical activity that can be designated under subsection (1).

• 7(1)(c)
• 9(4)Minister’s response — time limit

  The Minister must respond, with reasons, to a request referred to in subsection (1) within 90 days after the day on which it is received. The Minister must ensure that his or her response is posted on the Internet site.

• 7(1)(c)(i)
• 9(5)Suspending time limit

  The Agency may suspend the time limit for responding to the request until any activity that is prescribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

• 7(1)(c)(ii)
• 9(6)Notice posted on Internet site

  When the Agency is of the opinion that the prescribed activity is completed, it must post a notice to that effect on the Internet site.