Bill C-69
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
- ENGLISH
- RECOMMENDATION RECOMMENDATION
- SUMMARY SUMMARY
- TABLE OF PROVISIONS TABLE OF PROVISIONS
- PART 1 Impact Assessment Act PART 1 Impact Assessment Act
- Enactment of Act Enactment of Act
- Amendments to the Impact Assessment Act Amendments to the Impact Assessment Act
- Repeal Repeal
- PART 2 Canadian Energy Regulator Act PART 2 Canadian Energy Regulator Act
- Enactment of Act Enactment of Act
- Transitional Provisions Transitional Provisions
- Repeal Repeal
- PART 3 Navigation Protection Act PART 3 Navigation Protection Act
- Amendments to the Act Amendments to the Act
- Transitional Provisions Transitional Provisions
- PART 4 Consequential and Coordinating Amendments and Coming into Force PART 4 Consequential and Coordinating Amendments and Coming into Force
- Consequential Amendments Consequential Amendments
- Access to Information Act Access to Information Act
- Energy Administration Act Energy Administration Act
- Energy Supplies Emergency Act Energy Supplies Emergency Act
- Excise Tax Act Excise Tax Act
- Export Development Act Export Development Act
- Federal Courts Act Federal Courts Act
- Financial Administration Act Financial Administration Act
- Canada Labour Code Canada Labour Code
- Northern Pipeline Act Northern Pipeline Act
- Canada Oil and Gas Operations Act Canada Oil and Gas Operations Act
- Privacy Act Privacy Act
- Public Service Superannuation Act Public Service Superannuation Act
- Canada Petroleum Resources Act Canada Petroleum Resources Act
- Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
- Canadian Transportation Accident Investigation and Safety Board Act Canadian Transportation Accident Investigation and Safety Board Act
- Hibernia Development Project Act Hibernia Development Project Act
- Public Sector Compensation Act Public Sector Compensation Act
- Transportation of Dangerous Goods Act, 1992 Transportation of Dangerous Goods Act, 1992
- Yukon Surface Rights Board Act Yukon Surface Rights Board Act
- Mackenzie Valley Resource Management Act Mackenzie Valley Resource Management Act
- Yukon Act Yukon Act
- Nunavut Waters and Nunavut Surface Rights Tribunal Act Nunavut Waters and Nunavut Surface Rights Tribunal Act
- Species at Risk Act Species at Risk Act
- Yukon Environmental and Socio-economic Assessment Act Yukon Environmental and Socio-economic Assessment Act
- First Nations Oil and Gas and Moneys Management Act First Nations Oil and Gas and Moneys Management Act
- Environmental Violations Administrative Monetary Penalties Act Environmental Violations Administrative Monetary Penalties Act
- Bridge To Strengthen Trade Act Bridge To Strengthen Trade Act
- Nunavut Planning and Project Assessment Act Nunavut Planning and Project Assessment Act
- Northwest Territories Devolution Act Northwest Territories Devolution Act
- Northwest Territories Act Northwest Territories Act
- Terminology Terminology
- Coordinating Amendments Coordinating Amendments
- Coming into Force Coming into Force
- Schedule Schedule
|
First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 |
|
HOUSE OF COMMONS OF CANADA |
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
|
|
AS PASSED
BY THE HOUSE OF COMMONS
June 20, 2018
|
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “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”.
SUMMARY
Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;
(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;
(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;
(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;
(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;
(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;
(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;
(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;
(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;
(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;
(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and
(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;
(d) provides for the regulation of international power lines and certain interprovincial power lines;
(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;
(f) provides for the regulation of access to lands;
(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and
(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water;
(e) set out the factors that the Minister must consider when deciding whether to issue an approval;
(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;
(g) provide the Minister with powers to address obstructions in any navigable water;
(h) amend the criteria and process for adding a reference to a navigable water to the schedule;
(i) require that the Minister establish a registry; and
(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.
|
Available on the House of Commons website at the following address:
www.ourcommons.ca
|
TABLE OF PROVISIONS
Preamble
Enactment
Impact Assessment Act
Definitions
Rights of Indigenous peoples of Canada
Non-application
Binding on Her Majesty
Purposes
Proponent
Federal authority
Minister’s power to designate
Proponent’s obligation — description of designated project
Public participation
Agency’s obligation — offer to consult
Federal authority’s obligation
Agency’s obligation — summary of issues
Proponent’s obligation — notice
Decision
Minister’s power
Notice of commencement
Time limit for information or studies
Termination of impact assessment
Agency’s or Minister’s obligations
Factors — impact assessment
Specialist or expert information
Application only when no referral to review panel
Agency’s obligations
Information
Public participation
Public notice in certain cases — draft report
Delegation
Non-disclosure
Minister’s power
Exceptions
Conditions
Assessment considered in conformity
Additional information
Referral to review panel
Time limit
Studies and collection of information
Agreement to jointly establish review panel
Mackenzie Valley Resource Management Act
Terms of reference and appointment of members
Provisions of agreement
Obligation to refer
Terms of reference — Nuclear Safety and Control Act
Impact assessment to be used
Powers in relation to Nuclear Safety and Control Act
Terms of reference — Canadian Energy Regulator Act
Powers in relation to Canadian Energy Regulator Act
Summary and information
Establishment of roster
Review panel’s duties
Information
Power to summon witnesses
Informal proceedings
Copy posted on Internet site
Studies and collection of information
Non-disclosure
Power to terminate
Completion of impact assessment by Agency
Minister’s decision
Referral to Governor in Council
Governor in Council’s determination
Factors — public interest
Conditions — effects within federal jurisdiction
Decision statement issued to proponent
Posting of decision statement on Internet site
Decision statement considered to be part of licence under Nuclear Safety and Control Act
Minister’s power — decision statement
Public notice — amendment to decision statement
Minister’s obligation
Revocation of decision statement
Amending decision statement — information
Termination by Agency or Minister
No disclosure
Agency’s obligation
Regulations
Powers exercised, duties and functions performed during a given period
Expenditure of fees, charges, etc.
Debt due to Her Majesty
Unpaid fees, charges, etc.
Definitions
Project carried out on federal lands
Project outside Canada
Factors
Federal authority’s obligation
Notice posted on Internet site
Power to designate physical activities
Designation of class of projects
Notice inviting public comments
Referral to Governor in Council
Non-application — national emergency or emergency
Regional assessments — region entirely on federal lands
Regional assessments — other regions
Agency’s obligation to offer to consult
Assessments
Committee’s mandate and appointment of members
Minister’s obligations — request for assessment
Information available to public
Public participation
Federal authority’s obligation
Application of section 53
Report to Minister
Copy of report posted on Internet site
Canadian Impact Assessment Registry
Establishment and maintenance
Establishment and maintenance
Categories of available information
Protection from civil proceeding or prosecution
Regulations — Governor in Council
Amendment of Schedule 2
Review of regulations
Regulations — Minister
Externally produced documents
Minister’s powers
Non-application — national security
Statutory Instruments Act
Advisory council to be established
Meetings
Confidentiality
Designation
Immunity
Authority to enter
Warrant for dwelling-house
Entry on private property
Production of documents
Issuance
Measures required
Exigent circumstances
Duty to comply with order
Request for review
Review
No automatic stay on review
Evidence
Powers of review officer
Decision
Immunity
Rules
Appeal to Federal Court
Order not suspended
Court’s power
Voluntary reports
Obstruction
False statements or information
Offences
Determination of small revenue corporation or entity status
Continuing offences
Liability of senior officers
Duties of senior officers
Limitation period or prescription
Admissibility of evidence
Notice to shareholders
Power
Agency continued
Delegation to Agency
Agency’s objects
Agency’s duties
Expert committee
Advisory committee — interests and concerns of Indigenous peoples
Using government facilities
President
Executive Vice-president
Remuneration
Appointment under Public Service Employment Act
Head office
Contracts, etc., binding on Her Majesty
Annual report to Parliament
Review of Act after 10 years
Definitions
President of former Agency
Executive Vice-president of former Agency
Employment continued
References
Transfer of rights and obligations
Commencement of legal proceedings
Continuation of legal proceedings
Appropriations
Persons designated
Screenings commenced under 1992 Act
Comprehensive studies commenced under 1992 Act
Screenings under 2012 Act
Environmental assessments by former Agency under 2012 Act
Environmental assessments by other responsible authorities
Environmental assessments referred to review panel
Decision statements issued under 2012 Act
Substitution
Non-application of this Act
Unpaid costs
Privileged evidence, documents or things
Regulations
Amendments
Repeal
Enactment
Canadian Energy Regulator Act
Definitions
Rights of Indigenous peoples of Canada
Application — Special Act lands
Powers of liquidators, trustees, etc.
Purpose of Act
Binding on Her Majesty
Order designating Minister
Definition of document of authorization
Canadian Energy Regulator
Mandate
Jurisdiction — Inuvialuit Settlement Region
Governor in Council directions
Establishment and composition
Appointment
Conflict of Interest Act
Role of the board of directors
Annual report
Role of Chairperson
Vacancy
Appointment
Conflict of Interest Act
Role of Chief Executive Officer
Designated officers
For greater certainty
Commission
Quorum
Appointment
Conflict of Interest Act
Vacancy
Court of record
Jurisdiction
Power to act on own initiative
Orders and prohibitions
Rules
Annual report
Designation
Role of Lead Commissioner
Acting Lead Commissioner
Acting Lead and Deputy Lead Commissioners
Instructions regarding timeliness
Measures to meet time limit
Inconsistencies
Non-application
Authorization — powers, duties and functions
Authorization — report
Replacement of commissioner during hearing
Replacement of panel member during hearing
Lead Commissioner’s powers
Change in composition of panel
Authorization to continue
Public hearings
Reasons
Regulations
Apportionment of work
Duty to consider — Commission
Involvement of Indigenous peoples of Canada
Confidentiality — traditional knowledge
Regulations
Confidentiality
Confidentiality
Confidentiality
Reasons
Enforcement of orders
Conditions
General or particular application
Coming into force and cessation of effect — Commission
Relief
Power to review, vary or rescind — Commission
Decisions final
Appeal to Commission
Appeal to Federal Court of Appeal
Alternative dispute resolution
Public engagement
Participant funding program
Collaborative processes
Ministerial arrangements
Regulations
Inconsistencies
Study and review
Reports and recommendations to Minister
Recommendations on cooperative measures
Request of Minister
Other requests
Powers — Inquiries Act
Use of government agencies
Regulations
Service Fees Act
Definition of certified document
Compensation
Public Service Superannuation Act
Statutory Instruments Act
Definitions
Reasonable care
Orders
Regulations
Exemption orders
Regulations
Offence and punishment
Security regulations
Abandoned facilities
Designation of inspection officers
Authority to enter
Warrant to enter dwelling-house or living quarters
Immunity
Prohibition — obstruction
Prohibition — false statements or information
Notice of non-compliance
Grounds for making order
Effect of appeal
Information confidential
Offence and punishment — duty to assist and orders
Definitions
Voluntary reporting
Regulations
Powers of Regulator
Commission of violation
Liability of directors, officers, etc.
Proof of violation
Issuance and service of notice of violation
Certain defences not available
Continuing violation
Violation or offence
Limitation period or prescription
Right to request review
Correction or cancellation of notice of violation
Review
Object of review
Burden of proof
Payment
Failure to act
Debts to Her Majesty
Certificate
Admissibility of documents
Publication
Purpose
Recovery of loss, damage, costs, expenses
Financial resources
Pooled fund
Reimbursement — measures taken by government institution
Designation
Regulations imposing fees, etc.
Establishment of Tribunal
Jurisdiction of courts
Public notice
Members of Tribunal
Tenure
Immunity
Chairperson
Staff
Technical or specialized knowledge
Payment by Regulator
Staff and facilities
Hearings
Powers
Examinations
Frivolous or vexatious claims
Written submissions
Rules
Application
Public hearings
Interim award of compensation
Determining compensation
Amount to be paid
Total amount
Recovery of overpayment
Report
Reconsideration
Determining compensation
Grounds
Amount paid out of Fund
Regulations — Tribunal
Regulations — compensation
Sentencing principles
Orders of court
Variation of sanctions
Subsequent applications with leave
Recovery of fines and amounts
Companies only
Operation of pipeline
Limitations
Application for certificate
Report
Order to reconsider
Impact Assessment Act
Decision by Governor in Council
Compliance
Application for judicial review
Continuation of jurisdiction and obligation
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
Approval
Plan, profile and book of reference
Additional material to be deposited
Notice to owners
Public hearing
Matters to be taken into account
Conditions
Notice of decision
Costs of making representations
For greater certainty
Application for correction of errors
Error as to names
Registration of plans, etc.
Approval of deviations
Relocation
Leave required
Orders
Impact Assessment Act
Power of the Regulator
Construction — utility
Construction or operation — navigable water
Effects of recommendation on navigation
Pipeline not work
Regulations
Existing terms and conditions
Offence and punishment
If pipeline affixed to any real property or immovables
Definition of tariff
Orders
Tariff to be filed
Commencement of tariff
Authorized tolls
Tolls
Determination — Commission
Interim tolls
Disallowance
Suspension
No unjust discrimination
Burden of proof
Prohibition
General rule
Duty — company
Extension or improvement
Limitation
Costs and expenses related to abandonment
Orphan pipelines
Orphan abandoned pipelines
Measures
Orphan Pipelines Account
Prohibition
Issuance
Publication
Provincial regulatory agency
Application
Laws of a province
Application of provincial laws
Powers, duties and functions of provincial regulatory agency
Paramountcy
Further information
Recommendation and delay of issuance
Where certificate required
Election by applicant or holder
Effect of election
Where certificate required
Issuance
Impact Assessment Act
Application
Prohibition
Application of certain provisions
Construction or operation
Effects on navigation
Power lines not works
Regulations
Application
Construction — facility
Prohibition — construction or ground disturbance
Relocation
Orders
Temporary prohibition — ground disturbances
Prohibition
Conditions — permit
Compliance
Variation or transfer of certificates
Recommendation to vary or transfer
Recommendation not to vary or transfer
Order to reconsider
Publication of order
Suspension of certificates
Revocation of certificates — application or consent
Revocation of certificates — contravention
Variation or transfer of permits
Suspension or revocation of permits
Application of certain provisions
Regulations
Offence and punishment
Offence
Certificate or order before June 1, 1990
Terms and conditions before July 3, 2013
Definitions
Prohibition — work or activity
Issuance
Impact Assessment Act
Variation or transfer
Suspension or revocation
Recovery of loss, etc., caused by debris
Financial resources
Proof of financial responsibility
Application of provisions in Part 4
Application of provisions in Part 6
Application of sections 317 and 318
Limitations
Right of entry
Study and report
Offence and punishment
Regulations
Powers of company
Damages and compensation
Exercise of powers outside Canada
Crown lands
Consent of council of the band
Consent of Yukon first nation or Governor in Council
Application restricted
Definition of owner
Methods of acquisition or lease
Notice of proposed acquisition or lease of lands
Agreement of purchase and sale
Immediate right of entry
Advance of compensation
Vesting
Determinations regarding compensation
Settlement land or Tetlit Gwich’in Yukon land
Form of compensation payment if land taken
Costs
Decisions
Agreements supersede Commission decisions
Regulations
Orders of Commission
Prohibition — construction or ground disturbance
Protection of mines
Right to minerals
Protection of pipeline from mining operations
Examination of site of mining operations
Compensation for severance, etc., of mining property
Assets of company subject to executions
Construing Special Acts
Prohibition — export
Issuance
Criteria
Time limit
Ministerial approval
Variation of licences
Transfer of licences
Suspension or revocation of licences — application or consent
Suspension or revocation of licences — contravention
Importer
Regulations
Regulations — Governor in Council approval
Export
Issuance
Publication
Further information
Delay of issuance
Where licence required
Issuance
Conditions — permits
Compliance
Period of validity
Variation or transfer of permits or licences
Suspension or revocation of permits or licences
Regulations — Governor in Council
Definitions
Order in Council
Issuance
Criteria
Regulations — Governor in Council
Definitions
Principle
Declaration of Governor in Council
Request for declaration
Exportation to United States, Chile or Costa Rica
No declaration made
Offence and punishment
Powers of certain officers
Definitions of oil and gas
Application
Variation of licences or authorizations
Application to appeals
Show cause hearing relating to waste
Application
Offence and punishment
Statutory Instruments Act
Regulations respecting accounts, etc.
Regulations
Security regulations
Review of Act after 10 years
Definitions
Appointments terminated
Appointments terminated
Continuation — members of National Energy Board
Persons employed by National Energy Board
Collective agreements or arbitral awards continued
Application for certification
Power of Board
Application for leave to give notice to bargain collectively
No application within specified period
Notice to bargain given before commencement day
Duty to observe conditions
Application and notice to bargain collectively
Inquiry and votes
Consideration of classification
Determination of questions of membership in bargaining units
Employer participation
Application of Federal Public Sector Labour Relations Act
Persons not represented
Complaints
Grievances
Matter referred to Board
Decisions and orders
Certificates, licences and permits
Leave
Pending applications
Excluded periods if no regulations — Part 3
Certified copies
Lands — consent not required
Section 112 of National Energy Board Act
Pending requests
Importation of oil or gas
References
Appropriations
Regulations
Repeal
Amendments
Deemed approval
Minor works
Navigable waters not listed in the schedule
Validly constructed or placed
Notice or application not decided
Access to Information Act
Energy Administration Act
Energy Supplies Emergency Act
Excise Tax Act
Export Development Act
Federal Courts Act
Financial Administration Act
Canada Labour Code
Northern Pipeline Act
Canada Oil and Gas Operations Act
Privacy Act
Public Service Superannuation Act
Canada Petroleum Resources Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Canadian Transportation Accident Investigation and Safety Board Act
Hibernia Development Project Act
Public Sector Compensation Act
Transportation of Dangerous Goods Act, 1992
Yukon Surface Rights Board Act
Mackenzie Valley Resource Management Act
Yukon Act
Nunavut Waters and Nunavut Surface Rights Tribunal Act
Species at Risk Act
Yukon Environmental and Socio-economic Assessment Act
First Nations Oil and Gas and Moneys Management Act
Environmental Violations Administrative Monetary Penalties Act
Bridge To Strengthen Trade Act
Nunavut Planning and Project Assessment Act
Northwest Territories Devolution Act
Northwest Territories Act
Replacement of “Navigation Protection Act”
Replacement of “Navigable Waters Protection Act”
Replacement of “Canadian Environmental Assessment Act, 2012”
2002, c. 7
2014, c. 2
2015, c. 4
Bill C-49
Bill C-64
Order in council
|
1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 |
|
HOUSE OF COMMONS OF CANADA |
|
BILL C-69 |
|
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 |
Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;
Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;
Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision-making;
And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 Impact Assessment Act
Enactment of Act
Enactment
1 The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects
Preamble
Whereas the Government of Canada is committed to fostering sustainability;
Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;
Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;
Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;
Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;
Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;
Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;
And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1 This Act may be cited as the Impact Assessment Act.
Interpretation
2 The following definitions apply in this Act.
Agency means the Impact Assessment Agency of Canada that is continued under section 153. (Agence)
analyst means a person or a member of a class of persons designated as an analyst under subsection 120(1). (analyste)
assessment by a review panel means an impact assessment that is conducted by a review panel. (examen par une commission)
Canadian Energy Regulator means the Canadian Energy Regulator established by subsection 10(1) of the Canadian Energy Regulator Act. (Régie canadienne de l’énergie)
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)
designated project means one or more physical activities that
-
(a) are carried out in Canada or on federal lands; and
-
(b) are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1).
It includes any physical activity that is incidental to those physical activities. (projet désigné)
direct or incidental effects means 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)
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)
effects within federal jurisdiction means, with respect to a physical activity or a designated project,
-
(a) a change to the following components of the environment that are within the legislative authority of Parliament:
-
(i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
-
(ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
-
(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
-
(iv) any other component of the environment that is set out in Schedule 3;
-
-
(b) a change to the environment that would occur
-
(i) on federal lands,
-
(ii) in a province other than the one where the physical activity or the designated project is being carried out, or
-
(iii) outside Canada;
-
-
(c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
-
(i) physical and cultural heritage,
-
(ii) the current use of lands and resources for traditional purposes, or
-
(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
-
-
(d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and
-
(e) any change to a health, social or economic matter that is within the legislative authority of Parliament that is set out in Schedule 3. (effet relevant d’un domaine de compétence fédérale)
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)
environment means the components of the Earth, and includes
-
(a) land, water and air, including all layers of the atmosphere;
-
(b) all organic and inorganic matter and living organisms; and
-
(c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)
federal authority means
-
(a) a Minister of the Crown in right of Canada;
-
(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;
-
(c) any department or departmental corporation that is set out in Schedule I, I.1 or II to the Financial Administration Act; and
-
(d) any other body that is set out in Schedule 1.
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)
federal lands means
-
(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;
-
(b) the following lands and areas:
-
(i) the internal waters of Canada, in any area of the sea not within a province,
-
(ii) the territorial sea of Canada, in any area of the sea not within a province,
-
(iii) the exclusive economic zone of Canada, and
-
(iv) the continental shelf of Canada; and
-
-
(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)
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)
impact assessment means an assessment of the effects of a designated project that is conducted in accordance with this Act. (évaluation d’impact)
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)
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
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)
Internet site means the Internet site that is established under section 105. (site Internet)
jurisdiction means
-
(a) a federal authority;
-
(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;
-
(c) the government of a province;
-
(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;
-
(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;
-
(f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project
-
(i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or
-
(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;
-
-
(g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);
-
(h) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and
-
(i) an international organization of states or any institution of such an organization. (instance)
Minister means the Minister of the Environment. (ministre)
mitigation measures means measures to eliminate, reduce, control or offset the adverse effects of a project or designated project, and includes restitution for any damage caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation)
prescribed means prescribed by the regulations. (Version anglaise seulement)
proponent means the person or entity — federal authority, government or body — that proposes the carrying out of, or carries out, a designated project. (promoteur)
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)
Registry means the Canadian Impact Assessment Registry established under section 104. (registre)
review panel means a review panel established
-
(a) under section 41;
-
(b) under subsection 44(1);
-
(c) under subsection 47(1);
-
(d) under an agreement or arrangement entered into under subsection 39(1) or (3); or
-
(e) by document referred to in subsection 40(2). (commission)
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)
3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Application
4 This Act does not apply in respect of physical activities to be carried out wholly within lands described in Schedule 2.
Her Majesty
5 This Act is binding on Her Majesty in right of Canada or a province.
Purposes
6 (1) The purposes of this Act are
-
(a) to foster sustainability;
-
(b) to protect the components of the environment, and the health, social and economic conditions that are within the legislative authority of Parliament from adverse effects caused by a designated project;
-
(c) to ensure that impact assessments of designated projects take into account all effects — both positive and adverse — that may be caused by the carrying out of designated projects;
-
(d) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid adverse effects within federal jurisdiction and adverse direct or incidental effects;
-
(e) to promote cooperation and coordinated action between federal and provincial governments, and the federal government and Indigenous governing bodies that are jurisdictions, with respect to impact assessments;
-
(f) to promote communication and cooperation with Indigenous peoples of Canada with respect to impact assessments;
-
(g) to ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, in the course of impact assessments and decision-making under this Act;
-
(h) to ensure that opportunities are provided for meaningful public participation during an impact assessment, a regional assessment or a strategic assessment;
-
(i) to ensure that an impact assessment is completed in a timely manner;
-
(j) to ensure that an impact assessment takes into account scientific information, Indigenous knowledge and community knowledge;
-
(k) to ensure that an impact assessment takes into account alternative means of carrying out a designated project, including through the use of best available technologies;
-
(l) to ensure that projects, as defined in section 81, that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects;
-
(m) to encourage the assessment of the cumulative effects of physical activities in a region and the assessment of federal policies, plans or programs and the consideration of those assessments in impact assessments; and
-
(n) to encourage improvements to impact assessments through the use of follow-up programs.
(2) 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 Government’s commitments with respect to the rights of the Indigenous peoples of Canada and applies the precautionary principle.
(3) 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 adheres to the principles of scientific integrity, honesty, objectivity, thoroughness and accuracy.
Prohibitions
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 of the following effects:
-
(a) a change to the following components of the environment that are within the legislative authority of Parliament:
-
(i) fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act,
-
(ii) aquatic species, as defined in subsection 2(1) of the Species at Risk Act,
-
(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, and
-
(iv) any other component of the environment that is set out in Schedule 3;
-
-
(b) a change to the environment that would occur
-
(i) on federal lands,
-
(ii) in a province other than the one in which the act or thing is done, or
-
(iii) outside Canada;
-
-
(c) with respect to the Indigenous peoples of Canada, an impact — occurring in Canada and resulting from any change to the environment — on
-
(i) physical and cultural heritage,
-
(ii) the current use of lands and resources for traditional purposes, or
-
(iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
-
-
(d) any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; or
-
(e) any change to a health, social or economic matter within the legislative authority of Parliament that is set out in Schedule 3.
(2) 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.
(3) 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 any of the effects described in subsection (1) if
-
(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;
-
(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
-
(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.
8 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
-
(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; or
-
(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 the effects that are indicated in the report with respect to the impact assessment of that project are in the public interest.
Designation of Physical Activity
9 (1) The Minister may, on request or on his or her own initiative, by order, designate a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in his or her opinion, either the carrying out of that physical activity may cause adverse effects within federal jurisdiction or adverse direct or incidental effects, or public concerns related to those effects warrant the designation.
(2) Before making the order, the Minister must take into account any adverse impact that a physical activity may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 as well as any relevant assessment referred to in section 92, 93 or 95.
(3) The Agency may require any person or entity to provide information with respect to any physical activity that can be designated under subsection (1).
(4) 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.
(5) The Minister may suspend the time limit for responding to the request until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
(6) When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
(7) The Minister must not make the designation referred to in subsection (1) if
-
(a) the carrying out of the physical activity has substantially begun; or
-
(b) a federal authority has 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 physical activity to be carried out, in whole or in part.
(8) The Agency must post on the Internet site a copy of the order made under subsection (1).
Planning Phase
10 (1) The proponent of a designated project must provide the Agency with an initial description of the project that includes the information prescribed by regulations made under paragraph 112(a).
(2) The Agency must post a copy of the description on the Internet site.
11 The Agency must ensure that the public is provided with an opportunity to participate meaningfully in its preparations for a possible impact assessment of a designated project, including by inviting the public to provide comments within the period that it specifies.
12 For the purpose of preparing for a possible impact assessment of a designated project, the Agency must offer to consult with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project and any Indigenous group that may be affected by the carrying out of the designated project.
13 (1) Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request and within the period that it specifies, make that information or knowledge available to the Agency.
(2) Every federal authority that has powers, duties or functions conferred on it under any Act of Parliament other than this Act with respect to a designated project that is the subject of the Agency’s preparations must, on the Agency’s request, engage the proponent of the designated project in order that the federal authority may specify to the proponent the information, if any, that it may require in order to exercise those powers or perform those duties or functions.
14 (1) The Agency must provide the proponent of a designated project with a summary of issues with respect to that project that it considers relevant, including issues that are raised by the public or by any jurisdiction or Indigenous group that is consulted under section 12, and with any information or knowledge made available to it by a federal authority that the Agency considers appropriate.
(2) The Agency must post on the Internet site a copy of the summary of issues that it provided to the proponent.
15 (1) The proponent must provide the Agency with a notice that sets out, in accordance with the regulations, how it intends to address the issues referred to in section 14 and a detailed description of the designated project that includes the information prescribed by regulations made under paragraph 112(a).
(2) If, after receiving the notice from the proponent, the Agency is of the opinion that a decision cannot be made under subsection 16(1) because the description or the prescribed information set out in the notice is incomplete or does not contain sufficient details, the Agency may require the proponent to provide an amended notice that includes the information or details that the Agency specifies.
(3) When the Agency is satisfied that the notice includes all of the information or details that it specified, it must post a copy of the notice on the Internet site.
16 (1) After posting a copy of the notice on the Internet site under subsection 15(3), the Agency must decide whether an impact assessment of the designated project is required.
(2) In making its decision, the Agency must take into account the following factors:
-
(a) the description referred to in section 10 and any notice referred to in section 15;
-
(b) the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects;
-
(c) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(d) any comments received within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under section 12;
-
(e) any relevant assessment referred to in section 92, 93 or 95;
-
(f) any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; and
-
(g) any other factor that the Agency considers relevant.
(3) The Agency must post a notice of its decision and the reasons for it on the Internet site.
17 (1) If, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), a federal authority advises the Minister that it will not be exercising a power conferred on it under an Act of Parliament other than this Act that must be exercised for the project to be carried out in whole or in part, or the Minister is of the opinion that it is clear that the designated project would cause unacceptable environmental effects within federal jurisdiction, the Minister must provide the proponent with a written notice that he or she has been so advised or is of that opinion. The written notice must set out the reasons why the federal authority will not exercise its power or the basis for the Minister’s opinion.
(2) The Agency must post a copy of the notice on the Internet site.
18 (1) If the Agency decides that an impact assessment of a designated project is required — and the Minister does not approve the substitution of a process under section 31 in respect of the designated project — the Agency must, within 180 days after the day on which it posts a copy of the description of the designated project under subsection 10(2), provide the proponent of that project with
-
(a) a notice of the commencement of the impact assessment of the project that sets out the information or studies that the Agency considers necessary for it to conduct the impact assessment; and
-
(b) any documents that are prescribed by regulations made under paragraph 112(a), including tailored guidelines regarding the information or studies referred to in paragraph (a) and plans for cooperation with other jurisdictions, for engagement and partnership with the Indigenous peoples of Canada, for public participation and for the issuance of permits.
(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for it to conduct the impact assessment.
(2) The Agency must post a copy of the notice of the commencement of the impact assessment on the Internet site.
(3) The Minister may extend the time limit within which the Agency must provide the notice by any period up to a maximum of 90 days.
(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
(5) The Agency must post on the Internet site a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (4).
(6) The Minister may suspend the time limit within which the Agency must provide the notice of the commencement of the impact assessment until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
(7) When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
19 (1) The proponent of a designated project must provide the Agency with the information or studies that are set out in the notice of the commencement of the impact assessment of the designated project within three years after the day on which a copy of that notice is posted on the Internet site.
(2) On the proponent’s request, the Agency may extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.
(3) If the Agency extends the time limit, it may require the proponent to provide it with any additional information or studies that the Agency considers necessary for it to conduct the impact assessment.
(4) When the Agency is satisfied that the proponent has provided it with all of the information or studies, it must post a notice of that determination on the Internet site.
20 (1) If the proponent does not provide the Agency with the information or studies within the time limit referred to in subsection 19(1), or within any extension of that time limit, the impact assessment is terminated.
(2) The Agency must post a notice on the Internet site indicating that the impact assessment is terminated.
Impact Assessments
21 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — must offer to consult and cooperate with respect to the impact assessment of the designated project with
-
(a) any jurisdiction referred to in paragraph (a) of the definition jurisdiction in section 2 if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act; and
-
(b) any jurisdiction referred to in paragraphs (c) to (i) of that definition if the jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project.
22 (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel, must take into account the following factors:
-
(a) the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including
-
(i) the effects of malfunctions or accidents that may occur in connection with the designated project,
-
(ii) any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out, and
-
(iii) the result of any interaction between those effects;
-
-
(b) mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
-
(c) the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(d) the purpose of and need for the designated project;
-
(e) alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;
-
(f) any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
-
(g) Indigenous knowledge provided with respect to the designated project;
-
(h) the extent to which the designated project contributes to sustainability;
-
(i) the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
-
(j) any change to the designated project that may be caused by the environment;
-
(k) the requirements of the follow-up program in respect of the designated project;
-
(l) considerations related to Indigenous cultures raised with respect to the designated project;
-
(m) community knowledge provided with respect to the designated project;
-
(n) comments received from the public;
-
(o) comments from a jurisdiction that are received in the course of consultations conducted under section 21;
-
(p) any relevant assessment referred to in section 92, 93 or 95;
-
(q) any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;
-
(r) any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project;
-
(s) the intersection of sex and gender with other identity factors; and
-
(t) any other matter relevant to the impact assessment that the Agency or — if the impact assessment is referred to a review panel — the Minister requires to be taken into account.
(2) The scope of the factors to be taken into account under paragraphs (1)(a) to (f), (h) to (l) and (s) and (t) is determined by
-
(a) the Agency; or
-
(b) the Minister, if the impact assessment is referred to a review panel.
23 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an impact assessment must, on request, make that information or knowledge available, within the specified period, to
-
(a) the Agency;
-
(b) the review panel; and
-
(c) a government, an agency or body, or a jurisdiction that conducts an assessment of the designated project under a substituted process approved under section 31.
24 Sections 25 to 29 cease to apply to a designated project if the impact assessment of the project is referred by the Minister to a review panel.
25 The Agency must ensure that
-
(a) an impact assessment of the designated project is conducted; and
-
(b) a report is prepared with respect to that impact assessment.
26 (1) The Agency may, when conducting the impact assessment of a designated project and preparing the report with respect to that impact assessment, use any information that is available to it.
(2) However, if the Agency is of the opinion that there is not sufficient information available to it for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment, it may require the collection of any information or the undertaking of any study that, in the Agency’s opinion, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
27 The Agency must ensure that the public is provided with an opportunity to participate meaningfully, within the time period specified by the Agency, in the impact assessment of a designated project.
28 (1) The Agency must ensure that a draft report with respect to the impact assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site:
-
(a) a copy of the draft report or an indication of how a copy may be obtained; and
-
(b) a notice that invites the public to provide comments on the draft report within the period specified.
(2) After taking into account any comments received from the public, the Agency must, subject to subsection (5), finalize the report with respect to the impact assessment of the designated project and submit it to the Minister no later than 300 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site.
(3) 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 adverse direct or incidental effects, and specify the extent to which those effects are adverse.
(3.1) 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.
(3.2) The report must also set out a summary of any comments received from the public, as well as the Agency’s recommendations with respect to any mitigation measures and follow-up program and the Agency’s rationale and conclusions.
(4) A copy of the report or a summary of the report and an indication of how a copy of the report may be obtained must be posted on the Internet site on the day on which the report is submitted to the Minister.
(5) Before the commencement of the impact assessment, the Minister may, by order, establish
-
(a) a longer time limit than the time limit referred to in subsection (2) to allow the Agency to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project; or
-
(b) a shorter time limit than the time limit referred to in subsection (2), for any reason that the Minister considers appropriate.
The order must include the Minister’s reasons for making the order.
(6) The Minister may extend the time limit referred to in subsection (2) or any time limit established under subsection (5) by any period — up to a maximum of 90 days — that is necessary to permit the Agency to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.
(7) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (6) any number of times.
(8) The Agency must post on the Internet site a copy of the Minister’s order made under subsection (5), a notice of any extension granted under subsection (6), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (7).
(9) The Minister may suspend the time limit within which the Agency must submit the report until any activity that is prescribed by a regulation made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
(10) When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
29 The Agency may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 the carrying out of any part of the impact assessment of the designated project and the preparation of the report with respect to the impact assessment of the designated project.
30 (1) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
(2) If the Agency is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the Agency’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
31 (1) Subject to sections 32 and 33, if the Minister is of the opinion that a process for assessing the effects of designated projects that is followed by a jurisdiction referred to in any of paragraphs (c) to (g) of the definition jurisdiction in section 2, that has powers, duties or functions in relation to an assessment of the effects of a designated project would be an appropriate substitute, the Minister may, on request of the jurisdiction and before the expiry of the time limit referred to in subsection 18(1), or any extension of that time limit, approve the substitution of that process for the impact assessment.
(2) When the Minister receives a request for substitution, the Agency must post the request on the Internet site as well as a notice that invites the public to provide comments respecting the substitution within 30 days after the day on which the notice is posted.
(3) The Minister must consider any comments received from the public in deciding whether to approve the substitution.
(4) The Agency must post a notice of the Minister’s decision with respect to the request for substitution and the reasons for it on the Internet site.
32 The Minister must not approve the substitution of a process in relation to a designated project
-
(a) the impact assessment of which has been referred by the Minister to a review panel; or
-
(b) that includes activities that are regulated under the Canada Oil and Gas Operations Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada Transportation Act.
33 (1) The Minister may only approve a substitution if he or she is satisfied that
-
(a) the process to be substituted will include a consideration of the factors set out in subsection 22(1);
-
(b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment;
-
(c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment;
-
(d) the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project;
-
(e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report;
-
(f) the public will have access to records in relation to the assessment to enable its meaningful participation;
-
(g) at the end of the assessment, a report will be submitted to the Minister;
-
(h) the report will be made available to the public; and
-
(i) any other conditions that the Minister establishes are or will be met.
(2) The Minister must be satisfied that the report that will be submitted to him or her will set out the effects that, in the opinion of the jurisdiction that is following the process to be substituted, are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are adverse.
(2.1) The Minister must be satisfied that the report that will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, 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.
(3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.
(4) The conditions referred to in paragraph (1)(i) must be made available to the public.
34 If the Minister approves the substitution of a process under section 31, the assessment that results from the substituted process is considered to be an impact assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an impact assessment.
35 If, after taking into account the report with respect to the impact assessment of a designated project that is submitted to him or her at the end of the assessment under the substituted process approved under section 31, the Minister requires additional information for the purposes of subsection 60(1), the Minister may request the additional information from the jurisdiction that followed that process or require the proponent of the designated project to provide that information.
36 (1) Within 45 days after the day on which the notice of the commencement of the impact assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the impact assessment to a review panel.
(2) The Minister’s determination regarding whether the referral of the impact assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:
-
(a) the extent to which the effects within federal jurisdiction or the direct or incidental effects that the carrying out of the designated project may cause are adverse;
-
(b) public concerns related to those effects;
-
(c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it; and
-
(d) any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
(3) The Minister may suspend the time limit within which he or she may refer an impact assessment to a review panel until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
(4) When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
(5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the impact assessment of the designated project to a review panel, including the Minister’s reasons for making that decision.
37 (1) If the Minister refers the impact assessment of a designated project to a review panel, the review panel must, subject to subsection (2), submit a report with respect to that impact assessment to the Minister no later than 600 days after the day on which he or she appoints to the panel the minimum number of members required.
(2) Before the Minister refers the impact assessment to a review panel, he or she may, by order, establish
-
(a) a longer time limit than the time limit referred to in subsection (1) to allow the review panel to cooperate with a jurisdiction referred to in section 21 with respect to the impact assessment of the designated project or to take into account circumstances that are specific to that project; or
-
(b) a shorter time limit than the time limit referred to in subsection (1), for any reason that the Minister considers appropriate.
The order must include the Minister’s reasons for making the order.
(3) The Minister may extend the time limit referred to in subsection (1) or any time limit established by the Minister under subsection (2) by any period — up to a maximum of 90 days — that is necessary to permit the review panel to cooperate with a jurisdiction referred to in section 21 or to take into account circumstances that are specific to the designated project.
(4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3) any number of times.
(5) The Agency must post on the Internet site a copy of the Minister’s order made under subsection (2), a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension, and a notice of any extension granted under subsection (4).
(6) The Minister may suspend the time limit within which the review panel must submit the report until any activity that is prescribed by regulations made under paragraph 112(c) is completed. If the Minister suspends the time limit, he or she must ensure that a notice that sets out his or her reasons for doing so is posted on the Internet site.
(7) When the Minister is of the opinion that the prescribed activity is completed, he or she must ensure that a notice indicating that the activity is completed is posted on the Internet site.
37.1 (1) Despite section 37, if the review panel is to conduct an impact assessment of a designated project that includes physical activities that are regulated under any of the Acts referred to in section 43, it must, subject to subsection (2), submit a report with respect to that impact assessment to the Minister no later than 300 days after the day on which he or she appoints to the panel the minimum number of members required.
(2) The Minister may, at any time before the Agency posts a copy of the notice of commencement of the impact assessment on the Internet site, by order, establish a time limit that is longer than the time limit referred to in subsection (1) but is no more than 600 days. The order must include the Minister’s reasons for making it.
(3) The Minister must take into consideration the factors set out in subsection 36(2) in establishing a time limit under subsection (2).
(4) Subsections 37(3) to (7) apply, with any modifications that the circumstances require, with respect to a time limit established under this section.
38 When the Minister refers the impact assessment of a designated project to a review panel, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the impact assessment by the review panel.
39 (1) When the Minister refers the impact assessment of a designated project to a review panel, he or she may enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.
(2) However, the Minister is not authorized to enter into an agreement or arrangement referred to in subsection (1) with
-
(a) the Canadian Nuclear Safety Commission if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act; or
-
(b) the Canadian Energy Regulator if the designated project includes physical activities that are regulated under the Canadian Energy Regulator Act.
(3) When the Minister refers the impact assessment of a designated project to a review panel, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the impact assessment of the designated project is to be conducted by that panel.
(4) Any agreement or arrangement referred to in subsection (1) or (3) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.
40 (1) When a proposal is referred to the Minister under paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act, the Minister must refer the proposal to a review panel.
(2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.
(3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted.
(4) The Minister must, to the extent possible, ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.
(5) Before making a referral under section 61 in relation to the proposal referred to in subsection (4), the Minister must consult with the persons and bodies to whom a report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act is submitted or distributed under subsection 134(3) of that Act.
(6) Before making its decision under section 62 in relation to the proposal, the Governor in Council must take into account any report referred to in subsection (5) and any information that the Minister provides to the Governor in Council following the consultations referred to in that subsection.
(7) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.
41 (1) If the impact assessment of a designated project is referred 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 and appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who 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.
(2) Subsection (1) is subject to the following sections:
-
(a) section 42;
-
(b) section 44;
-
(c) section 47.
42 When there is an agreement or arrangement to jointly establish a review panel under subsection 39(1) or (3), or when there is a document jointly establishing a review panel under subsection 40(2), the agreement, arrangement or document must provide that the impact assessment of the designated project includes a consideration of the factors set out in subsection 22(1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that
-
(a) 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 or approve the review panel’s terms of reference, which are to include the time limit set out in subsection 37(1) or established by the Minister under subsection 37(2);
-
(b) the Minister may, at any time, modify the terms of reference in order to reflect an extension of the time limit granted under subsection 37(3) or (4);
-
(c) 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 — appoint the chairperson, or a co-chairperson, and at least one other member of the review panel; and
-
(d) the members of the panel 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.
43 The Minister must refer the impact assessment of a designated project to a review panel if the project includes physical activities that are regulated under any of the following Acts:
-
(a) the Nuclear Safety and Control Act;
-
(b) the Canadian Energy Regulator Act.
44 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control 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 and appoint the chairperson and at least two other 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.
(3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(b), on the recommendation of the President of the Canadian Nuclear Safety Commission and in consultation with 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.
(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.
45 The impact assessment conducted by a review panel established under subsection 44(1) is the only assessment that the Canadian Nuclear Safety Commission may use for the purpose of issuing the licence referred to in the panel’s terms of reference.
46 For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Nuclear Safety and Control Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Canadian Nuclear Safety Commission.
47 (1) When the Minister refers an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator 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 and appoint the chairperson and at least two other 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.
(3) At least one of the persons appointed under paragraph (1) must be appointed from a roster established under paragraph 50(c), on the recommendation of the Lead Commissioner of the Canadian Energy Regulator and in consultation with the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the Canadian Energy Regulator Act.
(4) The chairperson must not be appointed from the roster and the persons appointed from the roster must not constitute a majority of the members of the panel.
48 For the purpose of conducting an impact assessment of a designated project that includes activities regulated under the Canadian Energy Regulator Act, including preparing a report with respect to that impact assessment, the review panel may exercise the powers conferred on the Commission that is referred to in subsection 26(1) of that Act.
49 In establishing or approving a panel’s terms of reference, the Minister must consider, among other things, the summary of issues and the information or knowledge referred to in section 14.
50 The Minister must establish the following rosters:
-
(a) a roster of persons who may be appointed as members of a review panel established under any of the following:
-
(i) section 41,
-
(ii) subsection 44(1),
-
(iii) subsection 47(1),
-
(iv) an agreement, arrangement or document referred to in section 42;
-
-
(b) a roster of persons who are members of the Canadian Nuclear Safety Commission and who may be appointed as members of a review panel established under subsection 44(1);
-
(c) a roster of persons who are commissioners under the Canadian Energy Regulator Act and who may be appointed as members of a review panel established under subsection 47(1).
51 (1) A review panel must, in accordance with its terms of reference,
-
(a) conduct an impact assessment of the designated project;
-
(b) ensure that the information that it uses when conducting the impact assessment is made available to the public;
-
(c) hold hearings in a manner that offers the public an opportunity to participate meaningfully, within the time period specified by the review panel, in the impact assessment;
-
(d) prepare a report with respect to the impact assessment that
-
(i) sets out the effects that, in the opinion of the review panel, are likely to be caused by the carrying out of the designated project,
-
(ii) indicates which of the effects referred to in subparagraph (i) are adverse effects within federal jurisdiction and which are adverse direct or incidental effects, and specifies the extent to which those effects are adverse,
-
(ii.1) subject to section 119, sets out how the review panel, 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,
-
(iii) sets out a summary of any comments received from the public, and
-
(iv) sets out the review panel’s rationale, conclusions and recommendations, including conclusions and recommendations with respect to any mitigation measures and follow-up program;
-
-
(e) submit the report with respect to the impact assessment to the Minister; and
-
(f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the impact assessment.
(2) A review panel established under subsection 44(1) must, in accordance with its terms of reference, include in the report that it prepares the information necessary for the licence referred to in the panel’s terms of reference to be issued under section 24 of the Nuclear Safety and Control Act in relation to the designated project that is the subject of the report.
(3) A review panel established under subsection 47(1) must, in accordance with its terms of reference, include in the report that it prepares the conclusions or recommendations necessary for a certificate, order, permit, licence or authorization to be issued, a leave or an exemption to be granted or a direction or approval to be given under the Canadian Energy Regulator Act in relation to the designated project that is the subject of the report.
52 (1) A review panel may, when conducting the impact assessment of a designated project and preparing the report with respect to the impact assessment of the designated project, use any information that is available to it.
(2) However, if the review panel is of the opinion that there is not sufficient information available for the purpose of conducting the impact assessment or preparing the report with respect to the impact assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the review panel, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.
53 (1) A review panel has the power to summon any person to appear as a witness before it and to order the witness to
-
(a) give evidence, orally or in writing; and
-
(b) produce any records and other things that the panel considers necessary for conducting its impact assessment of the designated project.
(2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record.
(3) A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1).
(4) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a person or Indigenous group, the evidence, records or things are privileged and even if their disclosure is authorized under subsection 119(2) must not, without the authorization of the person or Indigenous group, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
(5) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the review panel’s authorization, knowingly be, or be permitted to be, disclosed by any person who has obtained the evidence, records or other things under this Act.
(6) Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure.
(7) No action or other proceeding lies against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.
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.
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.
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 a determination under section 62.
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.
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 set out in subsection 37(1) or established by him or her under subsection 37(2), as the case may be, 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.
(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.
(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.
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.
(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 adverse direct or incidental effects, and specify the extent to which those effects are adverse.
(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.
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 under the process approved under section 31, the Minister must
-
(a) determine if the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest; or
-
(b) refer to the Governor in Council the matter of whether these effects are, in light of the factors referred to in section 63, in the public interest.
(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.
61 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 must refer to the Governor in Council the matter of determining whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest.
62 If the matter is referred to the Governor in Council under paragraph 60(1)(b) or section 61, the Governor in Council must, after taking into account the report with respect to the impact assessment of the designated project that is the subject of the referral, determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63, in the public interest.
63 The Minister’s determination under paragraph 60(1)(a) in respect of a designated project referred to in that subsection, and the Governor in Council’s determination under section 62 in respect of a designated project referred to in that subsection, must be based on the report with respect to the impact assessment and a consideration of the following factors:
-
(a) the extent to which the designated project contributes to sustainability;
-
(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are adverse;
-
(c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;
-
(d) the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and
-
(e) the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.
64 (1) If the Minister determines under paragraph 60(1)(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate in relation to the adverse effects within federal jurisdiction with which the proponent of the designated project must comply.
(2) If the Minister determines under paragraph 60(1)(a), or the Governor in Council determines under section 62, that the effects that are indicated in the report that the Minister or the Governor in Council, as the case may be, takes into account are in the public interest, the Minister must establish any condition that he or she considers appropriate — that is 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 a 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 designated project — in relation to the adverse direct or incidental effects with which the proponent of the designated project must comply.
(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.
(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 a determination under paragraph 60(1)(a), or that the Governor in Council takes into account in making a 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.
65 (1) The Minister must issue a decision statement to the proponent of a designated project that
-
(a) informs the proponent of the determination made under paragraph 60(1)(a) 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.
(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.
(3) When the Minister makes a determination under paragraph 60(1)(a), he or she 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.
(4) When the Governor in Council makes a determination under section 62, the Minister must issue the decision statement no later than 90 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.
(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 — for any reason that the Minister considers necessary.
(6) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (5) any number of times.
(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.
66 The Agency must post on the Internet site any decision statement that the Minister issues under section 65.
67 (1) The Minister may, in a decision statement issued in relation to a designated project that includes activities that are regulated under the Nuclear Safety and Control Act, designate any condition that is included in the decision statement, and any condition designated by the Minister is considered to be a part of the licence issued under section 24 of that Act in relation to the designated project.
(2) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act is considered to be a part of the certificate, order, permit, licence or authorization issued, the leave or exemption granted or the direction or approval given under that Act in relation to the designated project.
(3) A decision statement issued in relation to a designated project that includes activities that are regulated under the Canada Oil and Gas Operations Act is considered to be a part of the authorization or licence issued, the approval granted or the leave given under that Act in relation to the designated project.
(4) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to any condition that is considered to be a part of a licence and any decision statement that is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval.
68 (1) The Minister may amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description. However, the Minister is not permitted to amend the decision statement to change the decision included in it.
(2) The Minister may add, remove or amend a condition only if he or she is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.
(3) The Minister may add or amend a condition only if the new or amended condition could be established under subsection 64(1) or (2). Subsection 64(3) applies with respect to the new or amended condition if it could be established under subsection 64(2).
(4) The Minister is not permitted to amend or remove a condition designated under subsection 67(1) and is not permitted to designate, under that subsection, any condition added under this section.
69 (1) If the Minister intends to amend a decision statement under section 68, the Minister must ensure that the following are posted on the Internet site:
-
(a) a draft of the amended decision statement; and
-
(b) a notice that invites the public to provide comments on the draft within the period specified.
(2) If, after taking into account any comments received from the public, the Minister decides to amend the decision statement, he or she must ensure that the amended decision statement and his or her reasons for amending the decision statement are posted on the Internet site.
70 (1) The Minister must, after considering any views provided by the proponent on the matter, establish the period within which the proponent must substantially begin to carry out the designated project.
(2) The Minister may, after considering any views provided by the proponent on the matter, extend the period by any period that the Minister considers reasonable and, in that case, must ensure that a notice of the extension and the reasons for the extension are posted on the Internet site.
(3) If the proponent does not substantially begin to carry out the designated project within the period established by the Minister, or any extension of that period, the decision statement expires on the expiry of that period or any extension of that period.
(4) The Agency must post on the Internet site a notice that a decision statement has expired.
71 If the proponent of a designated project advises the Minister in writing that the designated project will not — or will no longer — be carried out, the Minister may revoke the decision statement issued in respect of that project.
72 (1) The Minister may, before amending a decision statement, require the proponent of the designated project described in the decision statement to provide the Minister with any information that he or she considers necessary for the purpose of amending the decision statement.
(2) If the decision statement is considered to be a part of a licence, certificate, order, permit, authorization, leave, exemption, direction or approval referred to in section 67, the Minister must, before amending or revoking the decision statement, offer to consult with the entity that issues the certificate, order, permit, licence or authorization, grants the exemption, gives the direction or gives or grants the leave or approval, as the case may be.
(3) Before the Minister amends any portion of a decision statement referred to in subsection 67(1) that is not considered to be part of a licence referred to in that subsection, or revokes such a decision statement, he or she must offer to consult with the Canadian Nuclear Safety Commission.
73 The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — may terminate the impact assessment if the proponent advises the Agency or the Minister in writing that the designated project will not be carried out.
74 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.
Participant Funding Programs
75 (1) The Agency must establish a participant funding program to facilitate the participation of the public in
-
(a) the Agency’s preparations for a possible impact assessment of — or the impact assessment of and the design or implementation of follow-up programs in relation to — designated projects that include physical activities that are designated by regulations made under paragraph 112(e) or that are part of a class of activities designated by those regulations;
-
(b) the impact assessment of, and the design or implementation of follow-up programs in relation to, designated projects that are referred to a review panel and that do not include physical activities that are designated by regulations made under paragraph 112(e) or that are not part of a class of activities designated by those regulations; and
-
(c) regional assessments and strategic assessments.
(2) The obligation does not apply with respect to any designated project for which the Minister has approved the substitution of a process under section 31.
Cost Recovery
76 (1) The Governor in Council may make regulations
-
(a) providing for fees, charges or levies that are payable for the purpose of recovering all or a portion of any costs incurred by the Agency or a review panel in relation to the exercise of its powers or the performance of its duties and functions; and
-
(b) providing for the manner of calculating those fees, charges or levies and their payment to the Agency.
(2) If the Agency or a review panel incurs a cost in relation to the exercise of its powers or the performance of its duties and functions in respect of which no fee, charge or levy is provided for under subsection (1), the proponent of the designated project in respect of which the power is exercised or the duty or function is performed must pay to the Agency
-
(a) any costs that the Agency or review panel incurs for prescribed services provided by a third party in the exercise of that power or the performance of that duty or function; and
-
(b) any prescribed amount that is related to the exercise by the Agency or review panel of that power or the performance by it of that duty or function.
(3) The Service Fees Act does not apply to the fees, charges or levies referred to in subsection (1) or the prescribed amount referred to in paragraph (2)(b).
77 For the purposes of section 76, the powers, duties and functions are limited to those exercised or performed during the period that begins on the day on which the initial description of a designated project referred to in subsection 10(1) is received by the Agency and ends on the day on which the follow-up program in respect of the project is completed.
78 The Agency may spend for any prescribed purpose the fees, charges, levies, costs and amounts referred to in section 76 in the fiscal year in which they are paid or, unless an appropriation Act provides otherwise, in the next fiscal year.
79 The fees, charges and levies that are payable, and the costs and amounts that the proponent must pay, under section 76 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
80 If a proponent does not pay a fee, charge, levy, cost or amount referred to in section 76 that they owe within 90 days after the day on which it is due,
-
(a) the Agency is authorized, despite any other provision of this Act, to not exercise any of its powers or not perform any of its duties or functions in relation to an impact assessment of any designated project that the proponent proposes to carry out until the proponent pays the debt; or
-
(b) the Minister may, if an impact assessment of any designated project that the proponent proposes to carry out has been referred to a review panel, make an order directing the review panel to, despite any other provision of this Act, not exercise any of its powers or not perform any of its duties or functions in relation to the impact assessment until the proponent pays the debt.
Duties of Certain Authorities in Relation to Projects
81 The following definitions apply in this section and sections 82 to 91.
authority means
-
(a) a federal authority; and
-
(b) any other body that is set out in Schedule 4. (autorité)
environmental effects means changes to the environment and the impact of these changes on the Indigenous peoples of Canada and on health, social or economic conditions. (effets environnementaux)
project means
-
(a) a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and that is not a designated project; and
-
(b) a physical activity that is designated under section 87 or that is part of a class of physical activities that is designated under that section. (projet)
82 An authority must not carry out a project on federal lands, 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 project to be carried out, in whole or in part, on federal lands or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, on federal lands, unless
-
(a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or
-
(b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.
83 A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling that project to be carried out, in whole or in part, outside Canada, unless
-
(a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or
-
(b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides, under subsection 90(3), that those effects are justified in the circumstances.
84 (1) An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors:
-
(a) any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(b) Indigenous knowledge provided with respect to the project;
-
(c) community knowledge provided with respect to the project;
-
(d) comments received from the public under subsection 86(1); and
-
(e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.
(2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b).
85 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a project must, on an authority’s request and within the period that it specifies, make that information or knowledge available to the authority.
86 (1) Before making a determination under section 82 or 83, an authority must post on the Internet site a notice that indicates that it intends to make such a determination and that invites the public to provide comments respecting that determination.
(2) No sooner than 30 days after the day on which it posts the notice referred to in subsection (1), the authority must post on the Internet site a notice of its determination, including any mitigation measures that it took into account in making the determination.
87 The Minister may, by order, designate a physical activity, or a class of physical activities, carried out on federal lands or outside Canada that is not in relation to a physical work and is not a designated project, but that, in the Minister’s opinion, may cause significant adverse environmental effects.
88 (1) The Minister may, by order, designate a class of projects if, in the Minister’s opinion, the carrying out of a project that is a part of the class will cause only insignificant adverse environmental effects.
(2) Sections 82 and 83 do not apply to an authority in respect of a project that is part of a class of projects that is designated under subsection (1).
89 (1) If the Minister intends to designate a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that invites the public to provide comments respecting the designation within 30 days after the day on which the notice is posted.
(2) The Minister must consider any comments received from the public in deciding whether to make the designation.
(3) If the Minister designates a physical activity, or a class of physical activities, under section 87 or a class of projects under subsection 88(1), the Agency must post on the Internet site a notice that includes a description of the physical activity, the class of physical activities or the class of projects, as the case may be, and the Minister’s reasons for making the designation.
90 (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.
(2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.
(3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.
91 Sections 82 and 83 do not apply to an authority in respect of a project
-
(a) in relation to which there are matters of national security;
-
(b) that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or
-
(c) that is to be carried out in response to an emergency, and the carrying out of the 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.
Regional Assessments and Strategic Assessments
92 The Minister may establish a committee — or authorize the Agency — to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.
93 (1) If the Minister is of the opinion that it is appropriate to conduct a regional assessment of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands,
-
(a) the Minister may
-
(i) enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted, or
-
(ii) authorize the Agency to conduct the assessment; and
-
-
(b) the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (h) or (i) of that definition respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.
(2) If an agreement or arrangement referred to in subparagraph (1)(a)(i) or paragraph (b) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.
94 If the Agency conducts an assessment referred to in subsection 92 or 93, it must offer to consult and cooperate with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 that has powers, duties or functions in relation to the physical activities in respect of which the assessment is conducted.
95 The Minister may establish a committee — or authorize the Agency — to conduct an assessment of
-
(a) any Government of Canada policy, plan or program — proposed or existing — that is relevant to conducting impact assessments; or
-
(b) any issue that is relevant to conducting impact assessments of designated projects or of a class of designated projects.
96 (1) If the Minister establishes a committee under section 92 or 95, he or she must establish its terms of reference and appoint as a member of the committee one or more persons.
(2) If the Minister authorizes the Agency to conduct an assessment under section 92, subsection 93(1) or section 95, he or she must establish the Agency’s terms of reference with respect to the assessment.
97 (1) The Minister must respond, with reasons and within the prescribed time limit, to any request that an assessment referred to in section 92, 93 or 95 be conducted. The Minister must ensure that his or her response is posted on the Internet site.
(2) When conducting an assessment referred to in section 92, 93 or 95, the Agency or committee, as the case may be, must take into account any scientific information and Indigenous knowledge provided with respect to the assessment.
98 Subject to section 119, the Agency, or the committee, must ensure that the information that it uses when conducting an assessment referred to in section 92, 93 or 95 is made available to the public.
99 The Agency, or the committee, must ensure that the public is provided with an opportunity to participate meaningfully, within the time period specified by the Agency or committee, as the case may be, in any assessment referred to in section 92, 93 or 95 that it conducts.
100 Every federal authority that is in possession of specialist or expert information or knowledge with respect to the physical activities in respect of which an assessment referred to in section 92 or 93 is conducted — or with respect to any policy, plan, program or issue in respect of which an assessment referred to in section 95 is conducted — must, on request, make that information or knowledge available to the committee or Agency that conducts the assessment within the specified period.
101 Section 53 applies, with any necessary modifications, to a committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) and, for the purpose of applying section 53 to a committee, a reference in that section to a review panel is a reference to a committee.
102 (1) On completion of the assessment that it conducts, the committee established under section 92 or 95 or under an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) or the Agency, as the case may be, must provide a report to the Minister.
(2) Subject to section 119, the report must set out how the Agency or committee, as the case may be, took into account and used any Indigenous knowledge provided with respect to the assessment.
103 The Agency must post a copy of the report on the Internet site.
Canadian Impact Assessment Registry
104 (1) There is to be a registry called the Canadian Impact Assessment Registry, consisting of an Internet site and project files.
(2) The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.
(3) For the purpose of facilitating public access to records included in the Registry, the Agency must ensure that a copy of any of those records is provided in a timely manner on request.
105 (1) The Agency must establish and maintain an Internet site that is available to the public.
(2) The Agency must ensure that the following records and information relating to the impact assessment of the designated project that it conducts are posted and, subject to paragraph (4)(c), maintained on the Internet site:
-
(a) any public notice that is issued by the Agency to request the participation of the public in the impact assessment;
-
(b) a description of the factors to be taken into account in the impact assessment and of the scope of those factors;
-
(c) the report with respect to the impact assessment that is taken into account by the Minister under subsection 60(1), or a summary of the report and an indication of how a copy of the report may be obtained;
-
(d) any scientific information that the Agency receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;
-
(e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;
-
(f) notice of the Agency’s decision to terminate the impact assessment under section 73;
-
(g) any other information that the Agency considers appropriate, including information in the form of a list of relevant records and an indication of how a copy of them may be obtained;
-
(g.1) any public comments received during the impact assessment; and
-
(h) any other record or information prescribed by regulations made under paragraph 112(f).
(3) The Agency must ensure that, in the case of an assessment conducted by a review panel or an impact assessment completed under section 59, the following records or information are posted and, subject to paragraph (4)(c), maintained on the Internet site:
-
(a) the review panel’s terms of reference;
-
(b) any public notice that is issued by the review panel to request the participation of the public in an impact assessment;
-
(c) the report with respect to the review panel’s impact assessment referred to in section 55 or the impact assessment completed under section 59, or a summary of the report and an indication of how a copy of the report may be obtained;
-
(d) any scientific information that the Agency or the review panel receives from a proponent or federal authority, or a summary of the scientific information and an indication of how that information may be obtained;
-
(e) a description of the results of the follow-up program that is implemented with respect to that designated project or a summary of the results and an indication of how such a description may be obtained;
-
(f) notice of the termination of an assessment by the review panel under section 58;
-
(g) notice of the Minister’s decision to terminate an impact assessment under section 73;
-
(h) any other information that the Agency considers appropriate, including information in the form of a list of relevant documents and an indication of how a copy of them may be obtained;
-
(h.1) any public comments received in the course of the impact assessment; and
-
(i) any other record or information prescribed by regulations made under paragraph 112(f).
(4) The Agency must determine
-
(a) what the form of the Internet site is to be and how it is to be kept;
-
(b) what information must be contained in any record required to be posted on the Internet site under this Act; and
-
(c) when information may be removed from the Internet site.
106 (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.
(2) The obligation set out in subsection (1) ends on the earliest of the following days:
-
(a) the day on which the Agency under subsection 16(1) decides that an impact assessment in respect of the designated project is not required;
-
(b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;
-
(c) the day on which the Minister issues, in respect of the designated project, a decision statement that informs the proponent of his or her, or the Governor in Council’s, determination that the adverse effects within federal jurisdiction, or the adverse direct or incidental effects, that the designated project is likely to cause are not in the public interest; and
-
(d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.
(3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including
-
(a) all records posted on the Internet site;
-
(b) any report relating to the impact assessment;
-
(c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment;
-
(d) any records relating to the design or implementation of any follow-up program; and
-
(e) any records relating to the implementation of any mitigation measures.
107 (1) Despite any other provision of this Act, the Registry is to contain a record, part of a record or information only if
-
(a) it has otherwise been made publicly available; or
-
(b) the Minister determines
-
(i) that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or
-
(ii) that there are reasonable grounds to believe that it would be in the public interest to disclose it because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.
-
(2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency intends to be included in the Registry with any necessary modifications, including the following:
-
(a) the information is deemed to be a record that the head of a government institution intends to disclose; and
-
(b) any reference to the person who requested access must be disregarded.
108 Despite any other Act of Parliament, no civil or criminal proceedings lie against the Agency or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Agency, for the disclosure in good faith of any record or any part of a record or any Indigenous knowledge under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
Administration
109 The Governor in Council may make regulations
-
(a) amending Schedule 1 or 4 by adding or deleting a body or a class of bodies;
-
(b) for the purpose of the definition designated project in section 2, designating a physical activity or class of physical activities;
-
(c) exempting any class of proponents or class of designated projects from the application of section 76;
-
(d) varying or excluding any requirement set out in this Act or the regulations as it applies to physical activities to be carried out
-
(i) on reserves, surrendered lands or other lands that are vested in Her Majesty and subject to the Indian Act,
-
(ii) on lands covered by land claim agreements referred to in section 35 of the Constitution Act, 1982,
-
(iii) on lands with respect to which agreements or arrangements referred to in paragraph 114(1)(d) or (e) apply,
-
(iv) under international agreements or arrangements entered into by the Government of Canada, or
-
(v) in relation to which there are matters of national security;
-
-
(e) respecting agreements or arrangements referred to in paragraph 114(1)(d) or (e);
-
(f) prescribing anything that, by this Act, is to be prescribed;
-
(g) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and
-
(h) generally, for carrying out the purposes and provisions of this Act.
110 The Governor in Council may, by order, amend Schedule 2 by adding, replacing or deleting a description of lands that are subject to a land claim agreement referred to in section 35 of the Constitution Act, 1982.
111 (1) The Agency must review, within the prescribed period, any regulations made under paragraph 109(b).
(2) After completing its review the Agency must submit to the Minister a report setting out its conclusions and recommendations.
112 The Minister may make regulations
-
(a) prescribing the information that must be contained in the description referred to in subsection 10(1) or 15(1) and the documents referred to in paragraph 18(1)(b);
-
(a.1) respecting the form and format of a description referred to in subsection 10(1), of a notice referred to in subsection 15(1) and of any information or study provided under this Act and the manner of providing the description, notice, information or study;
-
(b) respecting the procedures, requirements and time periods relating to impact assessments, including the manner of designing a follow-up program;
-
(c) prescribing, for the purposes of any of subsections 9(5), 18(6), 28(9), 36(3) and 37(6), any activity in respect of which a time limit may be suspended and respecting circumstances, in relation to an activity, in which a time limit may be suspended;
-
(d) respecting a participant funding program established under section 75;
-
(e) designating, for the purposes of section 75, a physical activity or class of physical activities;
-
(f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 106; and
-
(g) respecting the charging of fees for providing copies of documents contained in the Registry.
113 (1) A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in section 2.
(2) A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.
(3) The Minister must ensure that any document incorporated by reference in a regulation is accessible.
(4) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
114 (1) For the purposes of this Act, the Minister may
-
(a) issue guidelines and codes of practice respecting the application of this Act;
-
(b) establish research and advisory bodies in the area of impact assessment, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons;
-
(c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (g) of the definition jurisdiction in section 2 respecting assessments of effects;
-
(d) if authorized by the regulations, enter into agreements or arrangements with any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in section 2 to
-
(i) authorize the jurisdiction, on lands with respect to which it already has powers, duties or functions in relation to an assessment of the environmental effects of a designated project, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement, or
-
(ii) in relation to lands, specified in the agreement or arrangement, with respect to which it does not already have powers, duties or functions in relation to an assessment of the environmental effects of a designated project,
-
(A) provide that the jurisdiction is considered to be a jurisdiction for the application of this Act on those lands, and
-
(B) authorize the jurisdiction, on those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;
-
-
-
(e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to
-
(i) provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and
-
(ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;
-
-
(f) enter into agreements or arrangements with any jurisdiction for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the effects of designated projects of common interest;
-
(g) establish criteria for the appointment of members of review panels; and
-
(h) establish criteria for the appointment of members of committees established under section 92 or 93.
(2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction referred to in paragraphs (h) and (i) of the definition jurisdiction in section 2 respecting assessments of environmental effects, including for the purposes of implementing the provisions of any international agreement or arrangement respecting the assessment of environmental effects to which the Government of Canada is a party.
(3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.
(4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.
(5) The Minister must ensure that an agreement or arrangement referred to in paragraph (1)(d) or (e) is posted on the Internet site.
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.
(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.
(3) The Agency must post on the Internet site a notice of any order made under subsection (2).
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
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.
(2) The Minister must appoint members to the advisory council, including a chairperson.
(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.
118 (1) The advisory council must meet at least once a year.
(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.
(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.
(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.
(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
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.
(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.
(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).
(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.
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed under that subsection.
Administration and Enforcement
120 (1) The Minister may designate persons or classes of persons as enforcement officers or analysts for the purposes of the administration and enforcement of this Act.
(2) The Minister 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).
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.
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.
(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.
(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.
(4) An analyst who accompanies an enforcement officer may exercise any of the powers referred to in paragraphs (2)(a) to (g).
(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.
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).
(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.
(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.
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.
(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.
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.
(2) The enforcement officer must make the request by a means that provides a record of delivery.
(3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
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.
(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.
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.
(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.
(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.
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.
(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.
129 (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order.
(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.
130 (1) Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order.
(2) The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.
131 On receipt of a request made under subsection 130(1), the President of the Agency must designate an individual as a review officer to review the order.
132 (1) Subject to subsection (2), the request for a review of an order does not suspend the operation of an order.
(2) A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety.
(3) If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.
133 (1) A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions.
(2) Any order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court.
(3) An order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court.
134 A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may
-
(a) confirm or cancel the order;
-
(b) amend or suspend a condition of the order, add a condition to it or delete a condition from it; or
-
(c) extend the order’s duration.
135 (1) A review officer must render a written decision, with reasons, and provide all persons or entities to whom the order was given and the President of the Agency with a copy of the decision and the reasons.
(2) Any person or entity that is subject to an order confirmed or varied under section 134 must comply with the order.
136 No action or other proceeding of a civil nature may be brought against a review officer 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.
137 The Agency may make rules
-
(a) governing the practice and procedure for the review of orders;
-
(b) generally, respecting the work of review officers; and
-
(c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer.
138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.
139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.
140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
-
(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
-
(b) do an act that, in the court’s opinion, may prevent the commission of the offence.
(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.
141 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency.
(2) The person making the report may request that their identity, and any information that may reveal their identity, not be disclosed.
(3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.
(4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing.
(5) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has
-
(a) made a report under subsection (1);
-
(b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or
-
(c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.
142 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.
143 A person or entity must not make a false or misleading statement or provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties or functions under this Act.
144 (1) Every person or entity commits an offence that
-
(a) contravenes section 7, subsection 122(5), 125(3), 129(1), 135(2) or 141(4) or (5) or section 142 or 143;
-
(b) contravenes a condition established under subsection 64(2) or added or amended under section 68 with which the person or entity must comply; or
-
(c) omits to provide to the Minister information required to be provided under subsection 72(1).
(2) Every individual who commits an offence under subsection (1) is liable on summary conviction
-
(a) for a first offence, to a fine of not less than $5,000 and not more than $300,000; and
-
(b) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000.
(3) Every corporation or entity that commits an offence under subsection (1) and that the court determines under section 145 to be a small revenue corporation or entity is liable on summary conviction
-
(a) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000; and
-
(b) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
(4) Every corporation or entity, other than a corporation or entity referred to in subsection (3), that commits an offence under subsection (1) is liable on summary conviction
-
(a) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000; and
-
(b) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.
145 For the purpose of subsection 144(3), a court may determine a corporation or entity to be a small revenue corporation or entity if the court is satisfied that the gross revenues of the corporation or entity for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.
146 (1) If an offence of contravening section 7, subsection 129(1) or 135(2) or section 142, or an offence under paragraph 144(1)(b), is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
(2) A person or entity must not be found guilty of an offence for a contravention of section 7, subsection 129(1) or 135(2) or section 142, or of an offence under paragraph 144(1)(b), if they establish that they exercised due diligence to prevent the commission of the offence.
147 If a corporation or entity commits an offence under this Act, any senior officer, as defined in section 2 of the Criminal Code, of the corporation or entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation or entity, whether or not the corporation or entity has been prosecuted.
148 Every senior officer, as defined in section 2 of the Criminal Code, of a corporation or entity must take all reasonable care to ensure that the corporation or entity complies with this Act and any order issued by an enforcement officer or review officer.
149 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.
150 (1) In proceedings for an offence under this Act, a statement, certificate, report or other document of the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that is purported to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
(2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister, an officer or employee of the Agency, an enforcement officer or an analyst that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
(3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.
(4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.
151 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.
152 The Agency must publish, in the manner it considers appropriate,
-
(a) information or a document provided by a proponent to comply with a condition established under section 64 or added or amended under section 68;
-
(b) a summary of a report that an enforcement officer or analyst may prepare in the exercise of their powers or the performance of their duties and functions under sections 122 to 125;
-
(c) a notice of non-compliance referred to in section 126;
-
(d) a written order issued by an enforcement officer in accordance with section 127 or by a review officer under section 134; or
-
(e) a decision rendered under section 135.
Impact Assessment Agency of Canada
153 (1) The Canadian Environmental Assessment Agency is continued as the Impact Assessment Agency of Canada. The Impact Assessment Agency must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act.
(2) The Minister is responsible for the Agency.
154 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act.
(2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).
155 The Agency’s objects are
-
(a) to conduct or administer impact assessments and administer any other requirements and procedures established by this Act and the regulations;
-
(b) to coordinate — during the period that begins on the day on which a copy of the description of the project referred to in subsection 10(1) is posted on the Internet site, and that ends on the day on which the decision statement in respect of the project is issued — consultations with Indigenous groups that may be affected by the carrying out of a designated project;
-
(c) to promote uniformity and harmonization in relation to the assessment of effects across Canada at all levels of government;
-
(d) to promote or conduct research in matters of impact assessment and to encourage the development of impact assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;
-
(e) to promote impact assessment in a manner that is consistent with the purposes of this Act;
-
(f) to promote, monitor and facilitate compliance with this Act;
-
(g) to promote and monitor the quality of impact assessments conducted under this Act;
-
(h) to develop policy related to this Act; and
-
(i) to engage in consultation with the Indigenous peoples of Canada on policy issues related to this Act.
156 (1) In carrying out its objects, the Agency must
-
(a) provide support for review panels and any committees established under section 92 or under an agreement or arrangement entered into under paragraph 93(1)(a) or (b);
-
(b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 114(1)(b); and
-
(c) provide information or training to facilitate the application of this Act.
(2) In carrying out its objects, the Agency may
-
(a) undertake studies or activities or conduct research relating to impact assessment;
-
(b) advise persons and organizations on matters relating to the assessment of effects;
-
(c) issue guidelines and codes of practice;
-
(d) negotiate agreements or arrangements referred to in paragraphs 114(1)(c) to (f) on the Minister’s behalf; and
-
(e) establish research and advisory bodies for matters related to impact assessment and monitoring committees for matters related to the implementation of follow-up programs and adaptive management plans, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons.
157 (1) The Agency must establish an expert committee to advise it on issues related to impact assessments and regional and strategic assessments, including scientific, environmental, health, social or economic issues.
(2) The Agency may appoint any person with relevant knowledge or experience as a member of the expert committee. The membership of the committee must include at least one Indigenous person.
(3) The Agency must post on the Internet site all advice it receives from the expert committee.
158 (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.
(2) The Agency may appoint any person with relevant knowledge or experience as a member of the advisory committee.
(2.1) The membership of the committee 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.
(3) The Agency must post on the Internet site all advice it receives from the advisory committee.
159 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
160 (1) The Governor in Council appoints an officer to be the President of the Agency, to hold office during pleasure, who is, for the purposes of this Act, a deputy of the Minister.
(2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.
(3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim.
(4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.
(5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.
161 (1) The Governor in Council may appoint an officer to be the Executive Vice-president of the Agency and to hold office during pleasure.
(2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.
162 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.
163 The employees who are necessary to carry out the Agency’s work are to be appointed in accordance with the Public Service Employment Act.
164 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act.
165 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.
(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
Annual Report
166 (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year.
(2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.
Review of Act
167 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Transitional Provisions
168 The following definitions apply in this section and sections 169 to 188.
1992 Act means the Canadian Environmental Assessment Act. (Loi de 1992)
2012 Act means the Canadian Environmental Assessment Act, 2012. (Loi de 2012)
environmental assessment has the same meaning as in subsection 2(1) of the 2012 Act. (évaluation environnementale)
former Agency means the Canadian Environmental Assessment Agency continued under section 103 of the 2012 Act. (ancienne Agence)
169 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.
170 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.
171 (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupies a position in the former Agency, except that the employee, on that day, occupies their position in the Agency.
(2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.
172 Every reference to the former Agency in any deed, contract, agreement or other document executed, or in Quebec, signed, by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.
173 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.
174 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.
175 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in the same manner and to the same extent as it could have been continued by or against the former Agency.
176 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Act comes into force to defray the expenditures of the former Agency and that is unexpended on the day on which this Act comes into force is deemed to be an amount appropriated to defray the expenditures of the Agency.
177 A person or class of persons who are designated under subsection 89(1) of the 2012 Act, immediately before the day on which this Act comes into force, are deemed to have been designated as enforcement officers under subsection 120(1) of this Act.
178 Any screening of a project commenced under the 1992 Act in respect of which the responsible authority has not, before the day on which this Act comes into force, taken a course of action under section 20 of that Act is terminated.
179 (1) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has not, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is terminated.
(2) Any comprehensive study of a project commenced under the 1992 Act in respect of which the former Agency has, before the day on which this Act comes into force, published a notice under subsection 22(1) of that Act is continued as an environmental assessment by the Agency under the 2012 Act as if the 2012 Act had not been repealed.
(3) Any comprehensive study of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act before the day on which this Act comes into force is continued as an environmental assessment under the 2012 Act as if that Act had not been repealed.
180 If the proponent of a designated project provided the former Agency with a description of the designated project under subsection 8(1) of the 2012 Act and the former Agency has not, before the day on which this Act comes into force, posted a notice under section 12 of the 2012 Act of its decision with respect to the designated project, the screening is terminated. The description of the designated project that was provided under subsection 8(1) of the 2012 Act is deemed to be an initial description of the project provided under subsection 10(1) of this Act on the day on which this Act comes into force.
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.
(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.
(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.
(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, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site.
(4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with
-
(a) a written direction that sets out any information and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and
-
(b) the documents referred to in paragraph 18(1)(b).
The Agency must post a copy of the written direction on the Internet site.
(4.1) Before continuing an environmental assessment as an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent.
(4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection,
-
(a) the environmental assessment is continued as an impact assessment under this Act; and
-
(b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance.
(4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.
(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.
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.
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.
(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.
(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.
184 A decision statement issued by the Minister under subsection 54(1) of the 2012 Act is deemed to be a decision statement issued under subsection 65(1) of this Act, other than for the purposes of section 70 of this Act.
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.
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.
(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.
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.
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.
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.
Amendments to the Impact Assessment Act
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 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 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)
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.
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.
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 Act;
(2) Section 43 of the Act is amended by adding the following after paragraph (b):
-
(c) the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
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 and 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 and in consultation with the Minister of Natural Resources.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
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 and 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 and in consultation with the Minister of Natural Resources.
Not majority
(4) The persons appointed from the roster must not constitute a majority of the members of the panel.
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 of persons who are members of the Canada-Nova Scotia Offshore Petroleum Board and who may be appointed as members of a review panel established under subsection 46.1(1);
(4) Section 50 of the Act is amended by adding the following after paragraph (c):
-
(d) a roster of persons who are members of the Canada–Newfoundland and Labrador Offshore Petroleum Board and who may be appointed as members of a review panel established under subsection 48.1(1).
Repeal
Repeal
9 The Canadian Environmental Assessment Act, 2012, section 52 of chapter 19 of the Statutes of Canada, 2012, is repealed.
PART 2 Canadian Energy Regulator Act
Enactment of Act
Enactment
10 The Canadian Energy Regulator Act is enacted as follows:
An Act to establish the Canadian Energy Regulator
Preamble
Whereas the Government of Canada is establishing an independent energy regulatory body that is responsible for ensuring that pipeline, power line and offshore renewable energy projects within Parliament’s jurisdiction are constructed, operated and abandoned in a safe and secure manner that protects people, property and the environment;
Whereas the Government of Canada is of the opinion that the body should be reflective and respectful of the diversity of Canada, including with respect to the Indigenous peoples of Canada, and of its regional diversity and bilingual nature;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;
Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data as well as Indigenous knowledge are taken into account in decision-making;
And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1 This Act may be cited as the Canadian Energy Regulator Act.
Interpretation
2 The following definitions apply in this Act.
abandoned facility means an abandoned pipeline or an abandoned offshore facility. (installation abandonnée)
abandoned offshore facility means any facility, equipment, system or offshore power line that has been abandoned in accordance with an authorization issued under Part 5. (installation extracôtière abandonnée)
abandoned pipeline means a pipeline the operation of which has been abandoned in accordance with an order under subsection 241(1) and that remains in place. (pipeline abandonné)
Chief Executive Officer means the Chief Executive Officer appointed under subsection 21(1). (président-directeur général)
company includes
-
(a) a person having authority under a Special Act to construct or operate a pipeline; and
-
(b) a body corporate incorporated or continued under the Canada Business Corporations Act or an Act of the legislature of a province and not discontinued under the Act in question. (compagnie)
designated officer means an employee of the Regulator designated under section 24. (responsable désigné)
export means, in relation to
-
(a) electricity, to send from a place in Canada by a line of wire or other conductor electricity produced in Canada;
-
(b) oil,
-
(i) to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel,
-
(ii) to send or take, by any means, from a place in Canada, or
-
(iii) to send or take, by any means, to a place outside Canada from any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; or
-
-
(c) gas, to effect any one of the operations referred to in subparagraph (b)(ii) or (iii). (exportation)
gas means
-
(a) any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; or
-
(b) any substance designated as a gas product by regulations made under section 390. (gaz)
ground disturbance means a ground disturbance other than one that
-
(a) is caused by any activity that is specified in the orders or regulations made in respect of pipelines under section 335 or made in respect of international or interprovincial power lines under section 275;
-
(b) is, in relation to a pipeline, caused by cultivation to a depth of less than 45 cm below the surface of the ground; or
-
(c) is, in relation to a pipeline, caused by any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed. (remuement du sol)
hydrocarbon means a hydrocarbon other than coal. (hydrocarbure)
import means, in relation to gas or oil, to bring into Canada through pipelines, by railway tank car, by tank truck or by tanker. (importation)
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)
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone)
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)
inspection officer means a person designated under subsection 102(1). (inspecteur)
international power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in Canada to a place outside Canada or from a place outside Canada to a place in Canada. It does not however include an offshore power line. (ligne internationale de transport d’électricité ou ligne internationale)
interprovincial power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in a province to a place in another province. (ligne interprovinciale de transport d’électricité ou ligne interprovinciale)
land registrar means an officer with whom titles, rights or interests relating to real property or immovables are registered or recorded. (directeur de l’enregistrement)
lands includes real property and any interest or right in real property or land and, in Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests or rights may be in, to, on, under, over or in respect of the lands. (terrains)
Minister means the member of the Queen’s Privy Council for Canada designated under section 8. (ministre)
navigable water has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables)
offshore area means
-
(a) the part of the internal waters of Canada or of the territorial sea of Canada that is not situated in
-
(i) a province other than the Northwest Territories, or
-
(ii) the onshore, as defined in section 2 of the Northwest Territories Act; and
-
-
(b) the continental shelf of Canada and the waters superjacent to the seabed of that shelf. (zone extracôtière)
offshore power line means facilities constructed or operated for the purpose of transmitting electricity from an offshore renewable energy project to a province or a place outside Canada. (ligne extracôtière)
offshore renewable energy project means any of the following that are carried on in the offshore area:
-
(a) any research or assessment conducted in relation to the exploitation or potential exploitation of a renewable resource to produce energy;
-
(b) any exploitation of a renewable resource to produce energy;
-
(c) any storage of energy produced from a renewable resource; or
-
(d) any transmission of such energy, other than the transmission of electricity to a province or a place outside Canada. (projet d’énergie renouvelable extracôtière)
oil means
-
(a) any hydrocarbon or mixture of hydrocarbons other than gas; or
-
(b) any substance designated as an oil product by regulations made under section 390. (pétrole)
penalty means an administrative monetary penalty imposed under this Act for a violation. (pénalité)
pipeline means a line — including all branches, extensions, tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works — that connects at least two provinces or extends beyond the limits of a province, Sable Island or an area referred to in paragraph (c) of the definition designated area in section 368 and that is used or is to be used for the transmission of oil, gas or any other commodity. It does not however include a sewer or water pipeline that is used or is to be used solely for municipal purposes. (pipeline)
power line means an international power line, an interprovincial power line or an offshore power line. (ligne de transport d’électricité)
regulated facility means a pipeline, an international power line, an interprovincial power line designated by an order made under section 261, an offshore power line, or any facility, equipment or system that is related to an offshore renewable energy project. (installation réglementée)
Regulator means the corporation established under subsection 10(1). (Régie)
Special Act means
-
(a) an Act of Parliament that authorizes a person named in the Act to construct or operate a pipeline or that is enacted with special reference to a pipeline that, by such an Act, a person is authorized to construct or operate; and
-
(b) letters patent issued under section 5.1 or 5.4 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, except for the purpose of paragraph 342(b) of this Act. (loi spéciale)
toll includes any rate, charge or allowance charged or made
-
(a) for the shipment, transportation, transmission, care, handling or delivery of hydrocarbons or of another commodity that is transmitted through a pipeline, or for storage or demurrage, or the like;
-
(b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil or gas; and
-
(c) in respect of the purchase and sale of gas that is the property of a company and that is transmitted by the company through its pipeline, excluding the cost to the company of the gas at the point where it enters the pipeline. (droit)
3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
4 A provision of this Act or a regulation made under it that applies to lands also applies to lands referred to in a Special Act.
5 (1) For the purposes of this Act, each of the following is considered to be a company:
-
(a) a liquidator, receiver or manager of the property of a company, appointed by a court of competent jurisdiction to carry on the business of the company;
-
(b) a trustee — or the holder of a power of attorney within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec within the meaning of the Civil Code of Québec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company; and
-
(c) a person, other than a company,
-
(i) operating a pipeline constructed before October 1, 1953, or
-
(ii) constructing, operating or abandoning a pipeline exempted from subsection 179(1) by an order made by the Commission under subsection 214(1).
-
(2) In Quebec, the administrator of the property of the company appointed by a court of competent jurisdiction to carry on the business of the company is also considered to be the company.
(3) For the purposes of this Act, a successor or assign of a company is considered to be a company for any matter relating to an abandoned pipeline.
Purpose
6 The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,
-
(a) to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
-
(b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
-
(c) to regulate trade in energy products; and
-
(d) to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.
General
7 This Act is binding on Her Majesty in right of Canada or a province.
8 The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes this Act.
PART 1 Canadian Energy Regulator
9 In this Part, document of authorization means a certificate issued under Part 3 or 4, a permit issued under Part 4 or 7, an authorization issued under Part 5, a licence issued under Part 7 or an order made under section 214.
10 (1) A corporation is established to be called the Canadian Energy Regulator.
(2) The Regulator is for all purposes an agent of Her Majesty in right of Canada.
(3) The head office of the Regulator is to be in Calgary, Alberta. The Regulator’s Chief Executive Officer may open or close other offices after consulting the board of directors.
(4) For greater certainty, the opening or closing of an office does not change the conditions of appointment of a director or commissioner.
11 The Regulator’s mandate includes
-
(a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
-
(b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;
-
(c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
-
(d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;
-
(e) advising and reporting on energy matters;
-
(f) providing alternative dispute resolution processes;
-
(g) exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
-
(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.
12 (1) Until March 31, 2034, the Regulator is to be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.
(2) After March 31, 2034, the Government of Canada and the Government of the Northwest Territories may agree that the Regulator is to continue to be the regulator for one or more periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.
13 (1) The Governor in Council may, by order, give to the Regulator directions of general application on broad policy matters with respect to the Regulator’s mandate.
(2) An order made under subsection (1) is binding on the Regulator.
(3) A copy of each order made under subsection (1) must be published in the Canada Gazette and tabled in each House of Parliament.
14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.
(2) At least one of the directors must be an Indigenous person.
15 (1) The Chairperson, Vice-Chairperson and the other directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding five years.
(2) A director may be reappointed in the same or another capacity for one or more terms of up to five years each.
(3) A person is not eligible to be a director if they are the Chief Executive Officer, a commissioner or an employee of the Regulator.
(4) A person is not eligible to be Chairperson or Vice-Chairperson unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
(5) A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
16 For the purposes of the Conflict of Interest Act, the circumstances in which a director is in a conflict of interest while exercising the powers or performing the duties and functions of a director include
-
(a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
-
(b) holding any bond, debenture or other security of a corporation engaged in any such business; and
-
(c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it.
17 (1) The board of directors is responsible for the governance of the Regulator and its governance functions include providing strategic direction and advice to the Regulator. The board of directors must not however give directions or provide advice with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.
(2) The board of directors may make by-laws respecting the conduct of its meetings and the general conduct of its activities.
(3) A majority of the directors holding office, including the Chairperson, constitutes a quorum of the board of directors.
18 (1) The board of directors must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Regulator’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
(2) The board of directors may submit a report to the Minister on the Regulator’s activities if the board considers it appropriate to do so.
(3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
19 (1) The Chairperson presides over meetings of the board of directors and may perform any duties or functions that are assigned to him or her by the board.
(2) If the Chairperson is absent or is unable to act or if there is a vacancy in that office, the Vice-Chairperson acts as Chairperson.
(3) The Vice-Chairperson is not authorized to act as Chairperson for a period of more than 90 days without the approval of the Governor in Council.
20 A vacancy in the board of directors does not impair the right of the remaining directors to act.
21 (1) The Chief Executive Officer of the Regulator is to be appointed by the Governor in Council on the recommendation of the Minister after the Minister has consulted the directors.
(2) The Chief Executive Officer is to hold office on a full-time basis during pleasure for a term of up to six years.
(3) The Chief Executive Officer may be reappointed for one or more terms of up to six years each. However, the Chief Executive Officer is to serve no more than 10 years in office in total.
(4) A person is not eligible to be the Chief Executive Officer unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
(5) A director is not eligible to be the Chief Executive Officer.
(6) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing his or her duties and functions under this Act while absent from his or her ordinary place of work.
22 For the purposes of the Conflict of Interest Act, the circumstances in which the Chief Executive Officer is in a conflict of interest while exercising the powers or performing the duties and functions of the Chief Executive Officer include
-
(a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
-
(b) holding any bond, debenture or other security of a corporation engaged in any such business;
-
(c) holding other employment that is inconsistent with the Chief Executive Officer’s powers, duties and functions or with any provision of this Act or a regulation made under it; and
-
(d) holding office as a commissioner or being employed by the Regulator.
23 (1) The Chief Executive Officer is responsible for the management of the Regulator’s day-to-day business and affairs, including the supervision of its employees and their work. The Chief Executive Officer must not however give directions with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.
(2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.
(3) If the Chief Executive Officer is absent or unable to act or if there is a vacancy in that office, an executive of the Regulator designated by the Minister acts as Chief Executive Officer.
(4) The executive referred to in subsection (3) is not authorized to act as Chief Executive Officer for a period of more than 90 days without the approval of the Governor in Council.
24 The Chief Executive Officer may designate employees of the Regulator as designated officers.
25 For greater certainty, the Chief Executive Officer is responsible for the provision of the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.
26 (1) The Regulator is to have a Commission that consists of up to seven full-time commissioners. It may also include a complement of part-time commissioners.
(2) At least one of the full-time commissioners must be an Indigenous person.
27 Subject to subsection 42(2), sections 45 to 47 and subsection 48(2), three commissioners constitutes a quorum of the Commission.
28 (1) The commissioners are to be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding six years.
(2) A commissioner may be reappointed for one or more terms of up to six years each. However, a commissioner is to serve no more than 10 years in office in total.
(3) The Governor in Council may remove a commissioner for cause.
(4) A person is not eligible to be a commissioner unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
(5) A director is not eligible to be a commissioner.
(6) A full-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of work.
(7) A part-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
29 For the purposes of the Conflict of Interest Act, the circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include
-
(a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
-
(b) holding any bond, debenture or other security of a corporation engaged in any such business;
-
(c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and
-
(d) holding office as the Chief Executive Officer or being employed by the Regulator.
30 A vacancy in the Commission does not impair the right of the remaining commissioners to act.
31 (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.
(2) The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property.
(3) All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.
32 (1) The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that
-
(a) a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act;
-
(b) a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or
-
(c) the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act.
(2) The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make
-
(a) findings as to the cause of the accident or factors contributing to it;
-
(b) recommendations relating to the prevention of future similar accidents; or
-
(c) any decision or order that the Commission is authorized to make.
(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
34 The Commission may
-
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and
-
(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
35 The Commission may make rules generally for the carrying out of its work and the management of its internal affairs, including rules respecting
-
(a) the powers, duties and functions of the commissioners;
-
(b) its sittings;
-
(c) its decisions, orders and recommendations; and
-
(d) its procedures and practices.
36 (1) The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
(2) The Commission may submit a report to the Minister on the Commission’s activities if the Commission considers it appropriate to do so.
(3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
37 The Governor in Council must designate one of the full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner.
38 The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.
39 (1) The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office.
(2) The Deputy Lead Commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
40 (1) If both the Lead Commissioner and Deputy Lead Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner.
(2) The designated commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
41 To ensure that an application before the Commission is dealt with in a timely manner, the Lead Commissioner may give instructions to the commissioners authorized to deal with the application respecting the manner in which they are to do so.
42 (1) If the Lead Commissioner is satisfied that a time limit imposed under any of sections 183, 214 and 262 is not likely to be met in respect of an application, the Lead Commissioner may take any measure that he or she considers appropriate to ensure that the time limit is met, including
-
(a) removing any or all commissioners from a panel authorized to deal with the application;
-
(b) authorizing one or more commissioners to deal with the application; and
-
(c) increasing or decreasing the number of commissioners dealing with the application.
(2) For greater certainty, the power referred to in subsection (1) includes the power to designate a single member, including the Lead Commissioner, as the sole commissioner who is authorized to deal with the application.
43 In the event of any inconsistency between a instruction given under section 41 or a measure taken under subsection 42(1) and any rule made under section 35, the instruction or measure prevails to the extent of the inconsistency.
44 For greater certainty, sections 41 and 42 do not apply to an application with respect to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act.
45 (1) The Lead Commissioner may authorize one or more commissioners, either jointly or severally, to exercise any of the powers of the Commission or to perform any of its duties and functions under this Act, except those under sections 95, 183, 184, 186, 195 to 197, subsection 211(3), sections 212 to 214, 231 to 234, 238 to 240, 248, 257, 262, 274, 285 to 287, 289 and under Parts 7 and 8.
(2) A power exercised or a duty or function performed under the authorization is considered to have been exercised or performed by the Commission.
46 (1) The Lead Commissioner may authorize one or more of the commissioners to report to the Commission on any matter related to the work of the Commission or any application or proceeding before it. For the purpose of making a report related to an application or proceeding before the Commission, the authorized commissioners have all the powers of the Commission with respect to taking evidence or acquiring information.
(2) Despite section 27 of this Act and paragraph 22(2)(a) of the Interpretation Act, three or more commissioners authorized to report in accordance with subsection (1) do not constitute a quorum of the Commission.
(3) A report to the Commission under subsection (1) may be adopted as a decision or order of the Commission or be dealt with as the Commission considers appropriate.
47 (1) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to continue the hearing and to make the decision or report.
(2) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns after the conclusion of the hearing but before the decision or report is made, the Lead Commissioner may authorize another commissioner to examine all the evidence presented at the hearing and to make the decision or report on the basis of that evidence.
48 (1) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to replace that commissioner for the rest of the hearing and to participate in the decision or, as applicable, finalize the report required under subsection 183(1).
(2) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns after the conclusion of the hearing but before the decision is made or, as applicable, the report required under subsection 183(1) is finalized, the remaining commissioners may — if unanimous — make the decision or finalize the report as if the commissioner were present and participating.
49 Nothing in section 47 or subsection 48(1) precludes the Lead Commissioner from taking a measure under subsection 42(1).
50 If the composition of a panel changes in accordance with subsection 42(1) or 48(1),
-
(a) evidence and representations received by the Commission in relation to the matter being dealt with by the panel before the change are considered to have been received after the change; and
-
(b) the Commission is bound by every decision made by the Commission in relation to the matter being dealt with by the panel before the change unless the Commission elects to review, vary or rescind it.
51 If a commissioner resigns or their term expires, the Lead Commissioner may, on any conditions he or she specifies, authorize the former commissioner to continue to exercise powers and perform duties and functions as a commissioner in a matter to which they were assigned immediately before resigning or the expiry of their term until a final decision or recommendation in the matter is made, and the former commissioner is considered to be a commissioner for the purposes of this Act.
52 (1) A hearing before the Commission with respect to the issuance, suspension or revocation of a certificate under Part 3 or 4 must be public.
(2) Subsection (1) does not apply to a hearing with respect to the suspension or revocation of either of the following certificates if the holder applies for or consents to the suspension or revocation:
-
(a) a certificate issued in respect of an international or interprovincial power line, whether or not the power line has been brought into commercial operation under the certificate; or
-
(b) a certificate issued in respect of a pipeline that has not been brought into commercial operation under the certificate.
(3) The Commission may hold a public hearing in respect of any other matter if the Commission considers it appropriate to do so and shall make public its reasons for holding the hearing.
(4) For greater certainty, subsection (1) does not affect the operation of subsection 241(3).
53 (1) The Commission must issue written reasons for each recommendation it makes to the Governor in Council or the Minister.
(2) The Regulator must make the recommendations, and the reasons for them, publicly available.
54 The Governor in Council may make regulations that specify
-
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
-
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
-
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.
55 The Chief Executive Officer is responsible for apportioning among the designated officers any work related to a power, duty or function that is specified in a regulation made under section 54.
56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.
(2) The membership of the advisory committee must include at least
-
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
-
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
-
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.
58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
(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 circumstances set out in the regulations made under section 59.
(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator 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).
(3) The Regulator 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.
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.
(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.
59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
60 The Commission or a designated officer may take any measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of any information likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that
-
(a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position;
-
(b) the information is financial, commercial, scientific or technical information that is confidential information provided to the Regulator and
-
(i) the information has been consistently treated as confidential information by a person directly affected by the proceedings, and
-
(ii) the Commission or designated officer considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings; or
-
-
(c) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
61 The Commission or a designated officer may take any measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of information that is contained in any order under this Act or that is likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that
-
(a) there is a real and substantial risk that disclosure of the information will pose a risk to the security of pipelines, abandoned pipelines, power lines, offshore renewable energy projects, including buildings, structures or systems — including computer or communication systems, or methods employed to protect them — and the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings; or
-
(b) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
62 The Commission or a designated officer may take any measures and make any orders that are necessary to ensure compliance with section 58 or any regulations referred in subsection 114(3).
63 (1) The Commission must issue written reasons for each decision or order it makes. A designated officer must do the same for each decision or order they make.
(2) The Regulator must make the decisions and orders, and the reasons for them, publicly available.
(3) This section does not apply to a decision or order that is made only in relation to the internal administrative affairs of the Regulator.
64 (1) A decision or order of the Commission, a designated officer or an inspection officer may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision or order.
(2) A decision or order of the Commission, a designated officer or an inspection officer may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section under the Regulator’s seal.
(3) If a decision or order of the Commission, a designated officer or an inspection officer that has been made an order of a court is rescinded or varied by a subsequent decision or order, the order of the court is vacated and the decision or order of the Commission, a designated officer or an inspection officer as varied may be made an order of the court in accordance with subsection (2).
65 A decision or order made by the Commission, a designated officer or an inspection officer under this Act may include any conditions that the Commission, designated officer or inspection officer considers appropriate.
66 The Commission or a designated officer may, when making an order, giving a direction, imposing conditions or doing any other thing in relation to a person, do so either generally or in any particular case or class of cases.
67 (1) The Commission may, in issuing, varying or transferring a document of authorization, or when making or varying an order,
-
(a) specify a day on which the document of authorization or order, or any part of it, comes into force or ceases to have effect; or
-
(b) impose conditions governing when the document of authorization or order, or any part of it, comes into force or ceases to have effect.
(2) A designated officer or inspection officer may, when making or varying an order,
-
(a) specify a day on which the order, or any part of it, comes into force or ceases to have effect; or
-
(b) impose conditions governing when the order, or any part of it, comes into force or ceases to have effect.
(3) Subsection (1) does not apply to a certificate issued under Part 3.
(4) The Commission, a designated officer or inspection officer may, instead of making an order final in the first instance, make an interim order, and may reserve their decision pending further proceedings in connection with any matter.
68 (1) The Commission may make a decision or order that grants, in whole or in part, any application made to the Commission. The decision or order may also include — in addition to or in lieu of the relief applied for — any other relief that the Commission considers appropriate as if the application had been made for that other relief.
(2) Subsection (1) does not apply to an application made under Part 3 for a certificate.
69 (1) The Commission may review, vary or rescind any decision or order it makes and, if applicable, may re-hear any application before deciding it.
(2) A designated officer or inspection officer may vary or rescind any decision or order they make and, if applicable, may re-hear any application before deciding it.
(3) This section does not apply to a decision or order in relation to an operating licence or authorization to which section 382 or 383 applies or in relation to the approval of a development plan under section 5.1 of the Canada Oil and Gas Operations Act.
70 (1) Except as provided for in this Act, every decision or order of the Commission, a designated officer or an inspection officer is final and conclusive.
(2) Any minute or other record of the Commission, a designated officer or an inspection officer or any document issued by one of them, in the form of a decision or order, is considered for the purposes of this section to be a decision or order, as the case may be, of the Commission, the designated officer or the inspection officer.
71 An appeal from a decision or order of a designated officer or an inspection officer may be brought before the Commission and the Commission may dismiss or allow the appeal and vary or rescind the decision or order.
72 (1) An appeal from a decision or order of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.
(2) Leave to appeal must be applied for within 30 days after the date of the decision or order appealed from or within any additional time that a judge of the Court grants in exceptional circumstances.
(3) An appeal must be brought within 60 days after the day on which leave to appeal is granted.
(4) The Regulator is entitled to be heard on an application for leave to appeal and at any stage of an appeal.
(5) In any appeal under this section, costs may not be awarded against any of the commissioners.
(6) For greater certainty, a report submitted by the Commission under section 183 or 184 — or under subsection 51(1) the Impact Assessment Act — is not a decision or order of the Commission for the purposes of this section and neither is any part of the report.
73 (1) If all the parties to a dispute that is directly related to a matter under this Act consent, the Regulator must provide or cause to be provided an alternative dispute resolution process for the dispute.
(2) The results of the alternative dispute resolution process are not binding.
(3) The Commission may take the results of the alternative dispute resolution process into account when making a decision, order or recommendation and may refer to them in the decision, order or recommendation.
(4) A designated officer may take the results of the alternative dispute resolution process into account when making a decision or order and may refer to them in the decision or order.
(5) The Regulator may make the results of the alternative dispute resolution process public with the consent of the parties.
74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).
75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.
76 The Regulator may enter into arrangements with any government or Indigenous organization to establish collaborative processes.
77 (1) If regulations are made under section 78, the Minister may, in accordance with those regulations, enter into arrangements with Indigenous governing bodies for carrying out the purposes of this Act and may authorize any Indigenous governing body with whom an arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the arrangement.
(2) Within 30 days after the day on which the Minister enters into an arrangement, the Regulator must publish it on the Regulator’s website.
78 The Governor in Council may make regulations respecting the Minister’s power to enter into arrangements under section 77, including regulations
-
(a) respecting how they are to be entered into;
-
(b) respecting the circumstances under which they may be entered into;
-
(c) respecting their contents; and
-
(d) varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.
79 In the event of an inconsistency between an arrangement referred to in section 76 and an arrangement referred to in section 77, the arrangement referred to in section 77 prevails to the extent of the inconsistency.
80 The Regulator must study and keep under review matters relating to
-
(a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, lease, exchange and alienation of energy and sources of energy in and outside Canada; and
-
(b) the safety and security of regulated facilities and abandoned facilities.
81 The Regulator may submit to the Minister reports on the matters referred to in section 80 from time to time and may recommend to the Minister any measures within Parliament’s jurisdiction that the Regulator considers to be necessary or in the public interest for
-
(a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and
-
(b) the safety and security of regulated facilities and abandoned facilities.
82 The Regulator may — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — recommend to the Minister any measures that the Regulator considers necessary or appropriate for cooperation with governmental or other agencies in or outside Canada.
83 (1) The Regulator must — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — provide to the Minister any advice that the Minister requests, including advice relating to the export pricing of oil and gas, and prepare any study or report that the Minister requests.
(2) The Regulator must not publish any advice, study or report referred to in subsection (1) without the Minister’s consent.
84 The Regulator may, on request, provide advice about energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities to
-
(a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and
-
(b) members, officers and employees of any government agency, whether federal, provincial or territorial.
85 For the purposes of sections 80 to 84, the Regulator has all the powers of commissioners under Part I of the Inquiries Act.
86 In exercising its powers and performing its duties and functions under sections 80 to 84, the Regulator must, to the extent that it is possible to do so, utilize agencies of the Government of Canada to obtain technical, economic and statistical information and advice.
87 (1) The Regulator may, with the approval of the Treasury Board, make regulations
-
(a) providing for fees, levies or charges that are payable for the purpose of recovering all or a portion of any costs that the Regulator considers to be attributable to the carrying out of its mandate, including costs related to applications that are denied or withdrawn; and
-
(b) providing for the manner of calculating those fees, levies or charges and their payment to the Regulator.
(2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable on any fee, levy or charge that is not paid on or before the date on which it is due and may specify the time from which interest is payable.
(3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
88 The Service Fees Act does not apply to the fees, levies and charges referred to in section 87.
89 (1) In this section, certified document means a document purporting to be certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section and sealed with the Regulator’s seal.
(2) In any action or proceedings, a certified document that states that it is a true copy of all or any part of another document — including a minute, decision, document of authorization, order, instruction, book of reference, book entry, plan or drawing — is, without proof of the signature or of the official character of the person appearing to have signed the certified document, evidence
-
(a) of the original document, or the part of it, that it purports to be a copy of;
-
(b) that the original document, or the part of it, was made, given or issued under the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and
-
(c) that the original document, or the part of it, was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
(3) In any action or proceedings, a certified document that states that a valid and subsisting document has or has not been issued by the Regulator to a person named in the certified document is evidence of the facts stated in it without proof of the signature or official character of the person appearing to have signed the document and without further proof.
90 (1) Directors and commissioners are considered to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
(2) For greater certainty, the Chief Executive Officer and employees of the Regulator are employees for the purposes of the Government Employees Compensation Act and are employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
91 (1) Full-time commissioners are considered to be persons employed in the public service for the purposes of the Public Service Superannuation Act.
(2) For greater certainty, directors and part-time commissioners are not persons employed in the public service for the purposes of the Public Service Superannuation Act.
(3) For greater certainty, the Chief Executive Officer and employees of the Regulator are persons employed in the public service for the purposes of the Public Service Superannuation Act.
92 An order made or a direction given by the Commission, a designated officer or an inspection officer under this Act is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act if
-
(a) the order or direction applies to a single person or entity;
-
(b) the order or direction applies with respect to a single regulated facility or abandoned facility; or
-
(c) the Commission, designated officer or inspection officer considers that the order or direction is required immediately for the safety or security of persons, regulated facilities or abandoned facilities or for the protection of property or the environment.
PART 2 Safety, Security and Protection of Persons, Property and Environment
93 The following definitions apply in this Part.
compensable damage means the costs, losses and damages for which the Tribunal may award compensation. (dommages indemnisables)
holder means
-
(a) the holder of a certificate or permit issued under Part 3 or 4 in respect of a regulated facility;
-
(b) a person, company or other entity that is the subject of an order made under section 214 in respect of a pipeline;
-
(c) a person, company or other entity authorized to operate a pipeline under a Special Act;
-
(d) a company that has been granted leave under Part 3 to abandon a pipeline;
-
(e) a person, company or other entity that has been granted leave under Part 4 to abandon an international power line or interprovincial power line; or
-
(f) the holder of an authorization issued under Part 5 in respect of a work or activity. (titulaire)
Tribunal means a pipeline claims tribunal established under subsection 143(1). (Tribunal)
94 The holder must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.
95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.
(2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:
-
(a) an Indigenous governing body;
-
(b) the holder or any other person;
-
(c) the federal government or a federal Crown corporation;
-
(d) a provincial government or a provincial Crown corporation;
-
(e) a local authority.
(3) If a person or body does not comply with an order under subsection (2) or an order under section 109 in relation to an abandoned facility or to the abandonment of a pipeline, an offshore power line or any facility, equipment or system that is related to an offshore renewable energy project, the Commission may
-
(a) take any action or measure the Commission considers necessary;
-
(b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or
-
(c) authorize a third party to take the action or measure.
(4) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking an action or measure referred to in subsection (3).
(5) A third party that is authorized under subsection (3) to take an action or measure is not liable in respect of any act or omission committed in good faith in taking the action or measure.
96 The Regulator may, with the approval of the Governor in Council, make regulations
-
(a) respecting the design, construction and operation of pipelines, international power lines and interprovincial power lines designated by an order made under section 261;
-
(b) respecting the abandonment of pipelines;
-
(c) respecting surveillance or monitoring measures that, in relation to the activities referred to in paragraphs (a) and (b), are for the safety and security of persons and for the protection of property and the environment;
-
(d) respecting abandoned facilities;
-
(e) requiring holders to have management systems in place and to comply with them; and
-
(f) providing for the elements to be included in those management systems — including human or organizational factors — and respecting any criteria to be met by those management systems.
97 The Commission may make orders exempting holders, on any conditions that the Commission considers appropriate, from any or all provisions of a regulation made under section 96 or 312, in order to, among other things, ensure the safety and security of persons, the safety and security of regulated facilities or abandoned facilities or the protection of property or the environment.
98 Without limiting the scope of the regulations that the Regulator may make under section 96, the Governor in Council may make regulations
-
(a) specifying requirements with respect to the monitoring of regulated facilities; and
-
(b) respecting the actions or measures to be taken in preparation for, or in the case of, an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline.
99 (1) Every person who contravenes an order made under subsection 95(1) or (2) or a regulation made under section 96 is guilty of an offence and liable
-
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
(2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence referred to in subsection (1).
100 (1) The Regulator may, with the approval of the Governor in Council, make regulations respecting the security of regulated facilities, including regulations respecting standards, plans and audits that are related to the security of regulated facilities and respecting cybersecurity matters that are related to regulated facilities and may, for that purpose, define what constitutes cybersecurity.
(2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable
-
(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
(3) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to the offence referred to in subsection (2).
101 (1) A person must not make contact with, alter or remove an abandoned facility unless they are authorized to do so in an order made under subsection (2).
(2) A designated officer may make an order, subject to any conditions that the designated officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility.
(3) The Regulator may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary and the Commission may make orders respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary.
102 (1) The Chief Executive Officer may designate any person or member of any class of persons as an inspection officer to administer and enforce this Part, Parts 3 to 5 and section 335.
(2) The purposes for which an inspection officer may be designated are:
-
(a) to ensure the safety and security of persons;
-
(b) to ensure the safety and security of regulated facilities and abandoned facilities; and
-
(c) to ensure the protection of property and the environment.
(3) The Regulator must provide every inspection officer designated under subsection (1) with a certificate of authority. That inspection officer must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 103(1).
103 (1) An inspection officer may, for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2), enter a place in which the officer has reasonable grounds to believe that
-
(a) there is anything to which this Part or any of Parts 3 to 5 applies, including a regulated facility or an abandoned facility;
-
(b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Part, any of Parts 3 to 5 or section 335 applies; or
-
(c) there is any book, record, electronic data or other document relating to the application of this Part, any of Parts 3 to 5 or section 335.
(2) The inspection officer may, for that purpose,
-
(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) make copies of any information contained in any books, records, electronic data or other documents or in computer systems and use any copying equipment in the place, or cause it to be used to make copies of the information;
-
(f) conduct tests or analyses of anything in the place;
-
(g) take measurements or samples of anything in the place;
-
(h) take photographs or make recordings or sketches of anything in the place;
-
(i) remove anything from the place for examination or copying;
-
(j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it;
-
(k) prohibit or limit access to all or part of the place or to anything in the place;
-
(l) direct the owner or person in charge of the place or a person at the place to establish their identity to the inspection officer’s satisfaction or to stop or start an activity; or
-
(m) direct the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement, for as long as the inspection officer considers necessary.
(3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit.
(4) 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 inspection officer to perform their duties and functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
(5) The inspection officer may be accompanied by any other person that they believe is necessary to help them perform their duties and functions under this section, and the person is not liable for doing so.
(6) The inspection officer and any person accompanying them may enter private property — other than a dwelling-house or living quarters — and pass through it in order to gain entry to a place referred to in subsection (1) and the person is 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 or living quarters.
104 (1) If the place is a dwelling-house or living quarters, the inspection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspection officer to enter a dwelling-house or living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
-
(a) the dwelling-house or living quarters is a place referred to in subsection 103(1);
-
(b) entry to the dwelling-house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2); and
-
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
(3) In executing a warrant to enter a dwelling-house or living quarters, an inspection officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
105 No action or other proceeding of a civil nature lies against an inspection officer in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Part.
106 It is prohibited to obstruct or hinder an inspection officer who is exercising their powers or performing their duties and functions under this Part.
107 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part, any of Parts 3 to 5 or section 335 to any inspection officer who is exercising their powers or performing their duties and functions under this Part.
108 (1) If an inspection officer has reasonable grounds to believe that a person has contravened this Part, any of Parts 3 to 5 or section 335, he or she may issue a notice of non-compliance to the person.
(2) A notice must be made in writing and must set out
-
(a) the name of the person to whom the notice is directed;
-
(b) the provision of this Part, any of Parts 3 to 5 or section 335 or any of their regulations that is alleged to have been contravened, the order or decision that is alleged to have been contravened, or the condition of any certificate, order or decision, permit or authorization, leave or exemption that is alleged to have been contravened;
-
(c) the relevant facts surrounding the alleged contravention; and
-
(d) the period within which the person may provide comments in response to the notice.
109 (1) If an inspection officer who is expressly authorized by the Chief Executive Officer to make orders under this section has reasonable grounds to believe that there is or is likely to be a contravention of this Part or any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2), the inspection officer may, by order, direct a person to
-
(a) stop doing something that is in contravention of this Part or any of Parts 3 to 5 or section 335 or cause it to be stopped;
-
(b) take any measure that is necessary in order to comply with this Part or any of Parts 3 to 5 or section 335 or mitigate the effects of non-compliance;
-
(c) stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
-
(d) take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.
(2) The order may require work associated with a facility, including a regulated facility, abandoned facility or ground disturbance to be suspended until the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer or the order is stayed or rescinded.
(3) An inspection officer who makes an order under this section must, as soon as possible,
-
(a) give written notice of the order to the person to whom it is directed, including the terms of the order and a statement of the reasons for the order; and
-
(b) report the circumstances and terms of the order to the Commission.
110 For greater certainty, an appeal before the Commission from an order made under section 109 does not operate as a stay of the order, but the Commission may grant a stay pending the outcome of the appeal.
111 An inspection officer must not disclose to any person any information regarding any secret process or trade secret obtained while performing duties and functions under this Part, except for the purposes of this Part or as required by law.
112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable
-
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
(2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)(a).
(3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.
(4) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsections (1) and (3).
(5) Every person who contravenes section 107 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $300,000.
(6) Subsections 379(3) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsection (5).
113 (1) The following definitions apply in this section.
coroner includes any medical examiner or other person carrying out the duties and functions of a coroner. (coroner)
recording means the whole or any part of either a recording of voice communications originating from, or received on or in, a regulated facility, or a video recording of the activities of the operating personnel of the regulated facility, which recording of voice communications or video recording is made, using recording equipment to which the operating personnel does not have access, in a place where operations of the facility are carried out and includes a transcript or substantial summary of such a recording. (enregistrement)
(2) Every recording is privileged and, except as provided by this section, a person, including any person to whom access is provided under this section, must not
-
(a) knowingly communicate a recording or permit it to be communicated to any person; or
-
(b) be required to produce a recording or give evidence relating to it in any legal, disciplinary or other proceedings.
(3) Any recording that relates to an accident that is the subject of an inquiry under subsection 32(2) must be released to the Regulator on request for the purposes of the inquiry.
(4) The Regulator may make any use of any recording obtained under this Act that it considers necessary for the purposes of the inquiry under subsection 32(2), but, subject to subsection (5), must not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the inquiry.
(5) The Regulator must make available any recording obtained under this Act to
-
(a) a coroner who requests access to it for the purpose of an investigation that the coroner is conducting;
-
(b) any person carrying out an inquiry under subsection 32(2); or
-
(c) any person carrying out a coordinated investigation referred to in the Canadian Transportation Accident Investigation and Safety Board Act.
(6) Despite any other provision of this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a recording is made, the court or coroner must cause notice of the request to be given to the Regulator, if the Regulator is not a party to the proceedings and, in camera, examine the recording and give the Regulator a reasonable opportunity to make representations with respect to it. If the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the recording by virtue of this section, the court or coroner must order the production and discovery of the recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to the recording.
(7) A recording is not to be used against agents or employees who are directly or indirectly involved in the operation of a regulated facility in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings.
(8) For the purposes of subsection (6), court includes any person appointed or designated to conduct a public inquiry into a pipeline occurrence, within the meaning of section 2 of the Canadian Transportation Accident Investigation and Safety Board Act, under the Inquiries Act.
114 (1) The Regulator may, subject to the approval of the Governor in Council, make regulations for the establishment and administration of systems for the voluntary reporting to the Regulator of alleged non-compliance with this Act.
(2) The Regulator may, subject to this section, make any use of any report made to it in accordance with regulations made under subsection (1) that it considers necessary for the purposes of this Act.
(3) Regulations made under subsection (1) may include rules for the protection of the identity of persons who make a report.
(4) Where the identity of a person who has made a report to the Regulator in accordance with regulations made under subsection (1) is protected by rules referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and a person must not
-
(a) knowingly communicate it or permit it to be communicated to any person; or
-
(b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.
(5) A report made to the Regulator under a voluntary reporting system established by regulations made under subsection (1) must not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by rules referred to in subsection (3).
115 (1) The Regulator may, with the approval of the Governor in Council, make regulations
-
(a) designating as a violation that may be proceeded with in accordance with this Act
-
(i) the contravention of any specified provision of this Act or the regulations,
-
(ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or
-
(iii) the failure to comply with any condition of
-
(A) any certificate, licence, permit or authorization, or
-
(B) any leave or exemption granted under this Act;
-
-
-
(b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and
-
(c) respecting the service of documents required or authorized under section 120, 125 or 128, including the manner and proof of service and the circumstances under which documents are considered to be served.
(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation must not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.
116 (1) The Regulator may
-
(a) establish the form of notices of violation; and
-
(b) establish, in respect of each violation, a short-form description to be used in notices of violation.
(1.1) The Commission may designate persons or classes of persons to conduct reviews under section 128.
(2) The Chief Executive Officer may designate persons or classes of persons who are authorized to issue notices of violation.
117 (1) Every person who contravenes or fails to comply with a provision, order, decision or condition designated under paragraph 115(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.
(2) The purpose of the penalty is to promote compliance with this Act and not to punish.
118 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.
119 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Act.
120 (1) If a person designated under subsection 116(2) has reasonable grounds to believe that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.
(2) The notice of violation must
-
(a) name the person that is believed to have committed the violation;
-
(b) set out the relevant facts surrounding the violation;
-
(c) set out the amount of the penalty for the violation;
-
(d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period referred to in section 125 within which that right must be exercised;
-
(e) inform the person of the manner of paying the penalty set out in the notice; and
-
(f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.
121 (1) A person named in a notice of violation does not have a defence by reason that the person
-
(a) exercised due diligence to prevent the commission of the violation; or
-
(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.
(2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
122 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
123 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
124 No notice of violation in respect of a violation may be issued more than two years from the day on which the subject matter of the violation arises.
125 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both.
126 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under subsection 116(2) may cancel the notice of violation or correct an error in it.
127 (1) On receipt of a request made under section 125, the Commission must conduct the review or cause the review to be conducted by a person designated under subsection 116(1.1).
(2) The Commission must conduct the review if the notice of violation was issued by a person designated under subsection 116(1.1).
128 (1) The Commission or the person conducting the review must determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.
(2) The Commission or the person conducting the review must make a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.
(3) If the Commission or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission or the person, as the case may be, must correct the amount of the penalty.
(4) If the Commission or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.
(5) Despite subsection 69(1) and (2), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.
(6) Despite section 28 of the Federal Courts Act, the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission.
129 If the facts of a violation are reviewed, the person who issued the notice of violation must establish, on a balance of probabilities, that the person named in it committed the violation identified in it.
130 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
131 A person that neither pays the penalty imposed under this Act nor requests a review within the period referred to in section 125 is considered to have committed the violation and is liable to the penalty.
132 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in the Federal Court or any other court of competent jurisdiction.
(2) Proceedings to recover the debt may be instituted no later than the fifth anniversary of the day on which the debt becomes payable.
133 (1) The Commission may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 132(1).
(2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
134 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 120(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
135 The Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
136 The purpose of sections 137 to 142 is to reinforce the “polluter pays” principle by, among other things, imposing financial requirements on any company that is authorized under this Act to construct or operate a pipeline.
137 (1) If an unintended or uncontrolled release from a pipeline of oil, gas or any other commodity occurs, all persons to whose fault or negligence the release is attributable or who are by law responsible for others to whose fault or negligence the release is attributable are jointly and severally, or solidarily, liable for
-
(a) all actual loss or damage incurred by any person as a result of the release or as a result of any action or measure taken in relation to the release;
-
(b) the costs and expenses reasonably incurred by Her Majesty in right of Canada or a province, any Indigenous governing body or any other person in taking any action or measure in relation to the release; and
-
(c) all loss of non-use value relating to a public resource that is affected by the release or by any action or measure taken in relation to the release.
(2) The persons who are at fault or negligent or who are by law responsible for persons who are at fault or negligent are liable to make contributions to each other or to indemnify each other in the degree to which they are respectively at fault or negligent.
(3) The company that is authorized under this Act to construct or operate the pipeline from which the release occurred is jointly and severally, or solidarily, liable with any contractor — to whose fault or negligence the release is attributable — that performs work for the company for the actual loss or damage, the costs and expenses and the loss of non-use value, described in paragraphs (1)(a) to (c).
(4) If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the company that is authorized under this Act to construct or operate that pipeline is liable, without proof of fault or negligence, up to the applicable limit of liability that is set out in subsection (5) for the actual loss or damage, the costs and expenses and the loss of non-use value, described in paragraphs (1)(a) to (c).
(5) For the purposes of subsection (4), the limits of liability are,
-
(a) in respect of a company that is authorized under this Act to construct or operate one or more pipelines that individually or in the aggregate have the capacity to transport at least 250,000 barrels of oil per day, $1 billion or, if a greater amount is prescribed by the regulations, that amount; and
-
(b) in respect of a company that is authorized under this Act to construct or operate any other pipeline, the amount prescribed by the regulations.
(6) The Governor in Council may, by regulation, on the Minister’s recommendation,
-
(a) prescribe an amount greater than $1 billion for the purposes of paragraph (5)(a); and
-
(b) prescribe an amount for the purposes of paragraph (5)(b) in respect of a company or class of companies.
(7) If a company is liable under subsection (4) with respect to a release and it is also liable under any other Act, without proof of fault or negligence, for that release, the company is liable up to the greater of the limit of liability referred to in subsection (5) that applies to it and the limit up to which it is liable under the other Act. If the other Act does not set out a limit of liability, the limits referred to in subsection (5) do not apply.
(8) The costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this section are not recoverable under subsection 42(1) of the Fisheries Act.
(9) Only Her Majesty in right of Canada or a province may institute proceedings to recover a loss of non-use value described in paragraph (1)(c).
(10) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in paragraph (1)(a) are to be distributed pro rata and rank in priority over claims for costs and expenses described in paragraph (1)(b), and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in paragraph (1)(c).
(11) Subject to subsections (8) and (9), nothing in this section suspends or limits
-
(a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section;
-
(b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or
-
(c) the operation of any applicable law or rule of law that is consistent with this section.
(12) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage or costs and expenses were incurred but in no case after the sixth anniversary of the day on which the release occurred.
138 (1) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources necessary to pay the amount of the limit of liability referred to in subsection 137(5) that applies to it or, if the Commission specifies a greater amount, that amount.
(2) Subject to the regulations made under subsection (7), the Commission may, by order, direct a company, either individually or as a member of a class of companies authorized under this Act to construct or operate a pipeline, to maintain the amount of financial resources that is referred to in subsection (1) of the types of financial resources that the Commission specifies, including types that must be readily accessible to the company and, if the Commission specifies types of financial resources, it may specify the amount that the company is required to maintain of each type.
(3) At the Commission’s request, the company must satisfy the Commission that it meets the requirement to maintain the amount of financial resources referred to in subsection (1) and that it complies with any order made under subsection (2). The Commission may consider, among other things, the company’s financial statements, letters of credit, guarantees, bonds or suretyships and insurance.
(4) The Commission may, by order, specify an amount for the purposes of subsection (1).
(5) When the Commission specifies an amount for the purposes of subsection (1), it is not required to consider any potential loss of non-use value relating to a public resource that is affected by an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline or by any action or measure taken in relation to the release.
(6) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources referred to in subsection (1) and must comply with any order made under subsection (2) and any regulation made under subsection (7) only until it obtains leave from the Commission to abandon the operation of its pipeline.
(7) The Governor in Council may, on the Minister’s recommendation, make regulations
-
(a) providing for the types of financial resources from which the Commission may choose if it specifies types of financial resources under subsection (2), including those from which the Commission may choose if it specifies types of financial resources that must be readily accessible to the company; and
-
(b) respecting the amount of financial resources that must be readily accessible to a company individually or as a member of a class of companies.
139 (1) Subject to subsection (2), a company may meet all or a portion of its financial requirements under subsection 138(1) by participating in a pooled fund that is established by companies authorized under this Act to construct or operate a pipeline, that meets the requirements established by the regulations and from which the Regulator may withdraw any amount under subsection 141(6).
(2) If a company meets only a portion of its financial requirements by participating in a pooled fund and the amount of funds in the pooled fund to which it has access — in the event that there is an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline that the company is authorized under this Act to construct or operate — is less than the amount of financial resources referred to in subsection 138(1), the company must maintain an amount equal to the difference between those amounts.
(3) The Governor in Council may, on the Minister’s recommendation, make regulations respecting a pooled fund referred to in subsection (1), including regulations specifying
-
(a) the minimum amount of the pooled fund and the minimum amount of the pooled fund that must be readily accessible;
-
(b) any condition that a company must meet in order to participate in the pooled fund, including the minimum amount that a company must contribute to the pooled fund;
-
(c) the maximum amount that a company may withdraw from the pooled fund; and
-
(d) the maximum portion of a company’s financial requirements that may be met by participating in the pooled fund.
140 If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the Commission may, by order, direct the company that is authorized under this Act to construct or operate that pipeline to reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person for the costs and expenses that the Commission considers reasonable that they incurred in taking any reasonable action or measure in relation to the release, even if the costs and expenses are more than the amount of the limit of liability referred to in subsection 137(5) that applies to that company.
141 (1) The Governor in Council may, on the Minister’s recommendation, designate any company that is authorized under this Act to construct or operate a pipeline from which an unintended or uncontrolled release of oil, gas or any other commodity has occurred if
-
(a) the Governor in Council considers that the company does not have or is not likely to have the financial resources necessary to pay
-
(i) the costs and expenses incurred, or to be incurred, in taking any action or measure in relation to the release, and
-
(ii) the compensation that might be awarded for compensable damage caused by the release; or
-
-
(b) the company does not comply with an order of the Commission with respect to any action or measure to be taken in relation to the release.
(2) If the Governor in Council designates a company under subsection (1), the Regulator or any of its officers or employees — or class of officers or employees — that the Regulator authorizes may take any action or measure that they consider necessary in relation to the release or they may authorize a third party to take any action or measure.
(3) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure in relation to the release.
(4) A third party that is authorized under subsection (2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking the action or measure.
(5) If the Governor in Council designates a company under subsection (1), the Regulator may reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person the costs and expenses that the Regulator considers reasonable that they incurred in taking any reasonable action or measure in relation to the release.
(6) If the Governor in Council designates a company under subsection (1) and that company participates in a pooled fund described in subsection 139(1), the Regulator may withdraw any amount from the pooled fund that is necessary to pay the costs and expenses incurred in taking any action or measure under subsection (2) and to reimburse the costs and expenses referred to in subsection (5).
142 (1) Subject to the Treasury Board’s approval, the Regulator must, for the purposes of recovering the amounts paid out of the Consolidated Revenue Fund under subsection 171(1), even if those amounts are more than the amount of the limit of liability referred to in subsection 137(5) that applies to a designated company, make regulations
-
(a) imposing fees, levies or charges on a designated company and, if the amount recovered from the designated company is not sufficient to recover the amounts paid out, imposing fees, levies or charges on companies that are authorized under this Act to construct or operate pipelines that transport the same commodity or a commodity of the same class as the commodity that was released from a pipeline constructed or operated by the designated company; and
-
(b) prescribing the manner of calculating the fees, levies and charges and their payment to the Regulator.
(2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a company either individually or as a member of a class of companies on any fee, levy or charge not paid by the company on or before the date it is due and the time from which interest is payable.
(3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt that is due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
143 (1) The Governor in Council may, by order, after a designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.
(2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so.
(3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.
144 For greater certainty, nothing in sections 143 and 145 to 173 is to be construed as restricting the jurisdiction of a court of competent jurisdiction with respect to the release referred to in subsection 143(1).
145 Immediately after a Tribunal is established, the Regulator must notify the public, in a manner that the Tribunal considers appropriate, of the Tribunal’s purpose and the manner in which to obtain information on making a claim for compensation and must publish in the Canada Gazette a notice setting out that purpose and the manner in which to obtain that information.
146 (1) A Tribunal is to have at least three members, each of whom is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office for a term of not more than five years.
(2) The members of the Tribunal are to be appointed from among persons who are retired judges of a superior court or members of at least 10 years standing at either the bar of a province or the Chambre des notaires du Québec.
(3) If a member is absent or becomes incapacitated, resigns or dies, the Governor in Council may appoint a replacement for that member.
(4) The Regulator must pay the members the remuneration and expenses that are fixed by the Governor in Council.
147 (1) Each member of a Tribunal is to hold office during good behaviour, but may be removed by the Governor in Council for cause.
(2) The Governor in Council may terminate the appointment of the members of the Tribunal if the Governor in Council is satisfied that the Tribunal has no work to carry out.
148 No action lies against any member of a Tribunal for anything done or omitted to be done by the member in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.
149 (1) The Governor in Council must, on the Minister’s recommendation, designate one of the members of a Tribunal to be the Chairperson of the Tribunal.
(2) The Chairperson apportions work among the members of the Tribunal and, if he or she establishes a panel, assigns members to the panel and designates a member to preside over it. The Chairperson also has supervision over and direction of the work of the Tribunal’s staff.
150 A Tribunal may employ the staff that it considers necessary for the proper exercise of its powers and performance of its duties and functions, prescribe their duties and, subject to any regulations, the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration.
151 A Tribunal may engage, on a temporary basis, the services of counsel or notaries and other persons having technical or specialized knowledge to assist it in its work, prescribe their duties and the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration and expenses.
152 The Regulator must pay the remuneration and expenses referred to in sections 150 and 151.
153 The Regulator must provide a Tribunal with any professional, technical, secretarial, clerical and other assistance and any facilities and supplies that the Regulator considers necessary to enable the Tribunal to exercise its powers and perform its duties and functions.
154 A Tribunal must conduct its hearings in Canada on the dates and at the times and locations that it considers appropriate.
155 (1) A Tribunal has all the powers, rights and privileges vested in a superior court with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.
(2) The Tribunal is not, in the hearing of any matter, bound by the legal rules of evidence. However, it must not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
156 For the purposes of adjudicating a claim for compensation or an application for reconsideration, a Tribunal may require a claimant or applicant to undergo medical or other examinations that the Tribunal considers reasonably necessary.
157 A Tribunal may refuse to hear any claim for compensation or application for reconsideration that it considers to be frivolous or vexatious.
158 A Tribunal may examine and adjudicate any claim for compensation or application for reconsideration based only on written submissions.
159 A Tribunal may make the rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respecting
-
(a) procedures for making a claim for compensation and those for making an application for reconsideration;
-
(b) the information that must be included with a claim for compensation or an application for reconsideration;
-
(c) the conduct of its examination of claims for compensation and applications for reconsideration, including the conduct of its hearings;
-
(d) the form and manner in which evidence must be submitted; and
-
(e) a quorum.
160 (1) Any person, partnership or unincorporated organization or federal, provincial or municipal government or any Indigenous governing body may, within the prescribed period, make to a Tribunal a claim for compensation for compensable damage caused by the release that occurred from a designated company’s pipeline.
(2) As soon as feasible after the day on which the claim is made, the Chairperson must
-
(a) assign the claim to the Tribunal;
-
(b) establish a panel of the Tribunal and assign the claim to that panel; or
-
(c) assign the claim to an existing panel.
(3) The Chairperson must notify the claimant, the designated company and the Regulator that the claim has been assigned.
(4) A panel has the powers, other than the power described in section 159, and the duties and functions of the Tribunal with respect to any claim for compensation that is before that panel.
161 Tribunal hearings are to be held in public. However, a Tribunal may hold all or part of a hearing in private if it considers that
-
(a) a public hearing would not be in the public interest;
-
(b) a person’s privacy interest outweighs the principle that hearings be open to the public; or
-
(c) confidential business information may be disclosed.
162 If it is authorized to do so by the regulations, a Tribunal may award interim compensation in respect of a claim for compensation. If the Tribunal awards interim compensation, it must advise the Regulator, by notice, of the amount awarded.
163 (1) A Tribunal must decide whether to award a claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the claimant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation and it decides to do so, it must determine the amount of those costs.
(2) The Tribunal must advise the claimant and the designated company, by notice, of its decision with respect to the claim for compensation and, if compensation or costs are awarded, it must also advise the Regulator by that notice.
(3) The notice must indicate
-
(a) the amount of any compensation or costs determined under subsection (1);
-
(b) any reduction in the amount of compensation provided for by the regulations; and
-
(c) any amounts that have already been paid to the claimant for the compensable damage that is referred to in their claim.
164 (1) The Regulator must, subject to section 165 and within the prescribed period, pay to the claimant
-
(a) the amount of interim compensation indicated in the notice referred to in section 162;
-
(b) subject to the regulations, the amount of compensation and costs indicated in the notice referred to in subsection 163(2) and any interest payable; and
-
(c) if the amount of compensation and costs indicated in the notice referred to in subsection 169(2) is more than the amount paid by the Regulator under paragraph (b), subject to the regulations, an amount equal to the difference between those amounts.
(2) If the regulations provide for interest with respect to a claim for compensation, the interest accrues at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act that are in effect from time to time.
(3) If it is authorized to do so by the regulations, a Tribunal may, in accordance with the regulations, award fees and travel expenses. If the Tribunal awards fees and travel expenses, it must advise the Regulator, by notice, of the amount awarded and the Regulator must pay that amount.
165 The total amount that the Regulator pays under subsection 164(1) must not be more than the portion established by the Minister of Finance under subsection 171(2).
166 The following are debts that are due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act:
-
(a) any overpayment to a claimant by the Regulator under subsection 164(1);
-
(b) any amount paid to a claimant under paragraph 164(1)(b) in respect of a Tribunal’s decision that is rescinded; and
-
(c) if the amount paid by the Regulator under paragraph 164(1)(b) in respect of a Tribunal’s decision that is amended under subsection 169(1) is more than the amount of compensation and costs indicated in the notice referred to in subsection 169(2), the amount that is equal to the difference between those amounts.
167 Within 90 days after the day on which a Tribunal is established, and every 90 days after that, the Regulator must submit to the Minister and the Minister of Finance a report with respect to the amount of compensation and costs awarded by the Tribunal and the amount that the Regulator has paid under subsections 164(1) and (3).
168 (1) A Tribunal may, on its own motion or on the application of a claimant, reconsider its decision with respect to a claim for compensation and may either confirm the decision or amend or rescind the decision if the Chairperson considers that because of extraordinary factors a reconsideration of the decision outweighs the public interest in the finality of decisions of the Tribunal.
(2) The Chairperson must notify the applicant, the designated company and the Regulator that the Tribunal will reconsider its decision.
169 (1) If, on reconsideration, a Tribunal decides to amend its decision, it must decide whether to award the claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the applicant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation or the reconsideration of that claim and it decides to do so, it must determine the amount of those costs.
(2) The Tribunal must advise the applicant, the designated company and the Regulator, by notice, of its decision with respect to the application for reconsideration.
(3) If the decision is amended, the notice must indicate
-
(a) the amount of any compensation or costs determined under subsection (1);
-
(b) any reduction in the amount of compensation provided for by the regulations; and
-
(c) any amounts that have already been paid with respect to the claim in accordance with this Act.
170 Subject to section 168, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
171 (1) There may be paid out of the Consolidated Revenue Fund, from time to time, any amount established by the Minister of Finance, on the Minister’s recommendation,
-
(a) to pay the costs and expenses incurred in taking any actions or measures referred to in subsection 141(2);
-
(b) to reimburse the costs and expenses referred to in subsection 141(5);
-
(c) to pay the costs of publishing the notice referred to in section 145;
-
(d) to pay the remuneration and expenses of a Tribunal’s members;
-
(e) to pay the remuneration of a Tribunal’s staff;
-
(f) to pay the remuneration and expenses of the counsel or notaries and other persons referred to in section 151;
-
(g) to pay the costs of providing a Tribunal with any of the assistance, facilities or supplies referred to in section 153;
-
(h) to pay the amounts that the Regulator must pay under subsection 164(1); and
-
(i) to pay the fees and travel expenses referred to in subsection 164(3).
(2) The Minister of Finance may, by order, after consultation with the Minister, establish the portion of the amount paid out under subsection (1) that may be used solely to pay the amounts referred to in paragraph (1)(h).
(3) The Minister must, without delay, publish in the Canada Gazette a notice setting out the portion established by the Minister of Finance.
(4) The Regulator must deposit the amounts paid out under subsection (1) to the credit of the Receiver General in accordance with the conditions established by the Minister of Finance.
172 The Governor in Council may make regulations respecting a Tribunal, including regulations
-
(a) prescribing the conditions of appointment of its members;
-
(b) respecting conflicts of interest;
-
(c) prescribing the Chairperson’s powers, duties and functions;
-
(d) respecting the absence or incapacity of the Chairperson or another member;
-
(e) respecting the effects of replacing a member of the Tribunal, including on
-
(i) evidence and representations received by the Tribunal, or a panel of the Tribunal on which the member was sitting, before the replacement was appointed, and
-
(ii) decisions made by the Tribunal or the panel before the replacement was appointed;
-
-
(f) respecting the hiring and conditions of employment of the Tribunal’s staff; and
-
(g) generally, to enable the Tribunal to exercise its powers and perform it duties and functions.
173 (1) The Governor in Council may make regulations establishing the costs, losses and damages for which a Tribunal may award compensation and regulations respecting that compensation, including regulations
-
(a) prescribing the period within which claims for compensation or applications for reconsideration must be made to the Tribunal;
-
(b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation;
-
(c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded;
-
(d) establishing an order of priority among classes of compensable damage for the purpose of awarding compensation;
-
(e) providing for the reduction of the amount that the Regulator pays under subsection 164(1) and the criteria for such a reduction, including in respect of a class of compensable damage;
-
(f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage;
-
(g) prescribing the period for the purposes of subsection 164(1);
-
(h) providing that a payment of any amount that the Regulator pays under subsection 164(1) be postponed;
-
(i) providing for the payment of any amount that the Regulator pays under subsection 164(1) in a lump sum or in payments of equal or different amounts over a period of time;
-
(j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and
-
(k) generally, for carrying out the purposes of this section and sections 143 to 172.
(2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.
174 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline:
-
(a) the amount of the fine should be increased to account for each aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and
-
(b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.
(2) The aggravating factors the court must consider are the following:
-
(a) the offence caused harm or risk of harm to human health or safety;
-
(b) the offence caused damage or risk of damage to the environment or environmental quality;
-
(c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;
-
(d) the damage or harm caused by the offence is extensive, persistent or irreparable;
-
(e) the offender committed the offence intentionally or recklessly;
-
(f) by committing the offence or failing to take action to prevent its commission, the offender increased or intended to increase their revenue or decreased or intended to decrease their costs;
-
(g) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and
-
(h) after the commission of the offence, the offender
-
(i) attempted to conceal its commission,
-
(ii) failed to take prompt action to prevent, mitigate or remediate its effects, or
-
(iii) failed to take prompt action to reduce the risk of committing similar offences.
-
(3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.
(4) For the purposes of paragraphs (2)(b) to (d), damage includes loss of use value and non-use value.
(5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision.
175 (1) If a person is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:
-
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
-
(b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
-
(c) directing the offender to carry out environmental effects monitoring in the manner established by the Commission or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;
-
(d) directing the offender to make changes to their environmental protection program that the Commission considers appropriate;
-
(e) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Commission and directing the offender to take the measures that it considers appropriate to remedy any deficiencies revealed during the audit;
-
(f) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;
-
(g) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;
-
(h) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;
-
(i) directing the offender to post a bond or provide a suretyship or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with all or part of any prohibition, direction, requirement or condition that is specified in the order;
-
(j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
-
(k) directing the offender to pay, in the manner prescribed by the court, an amount of money to environmental, health or other groups to assist in their work;
-
(l) directing the offender to pay, in the manner prescribed by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;
-
(m) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act; and
-
(n) prohibiting the offender from applying for any new authorization under this Act during any period that the court considers appropriate.
(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but must not continue in force for more than three years after that day.
(3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.
(4) If the Regulator incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
176 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 175, the court may, on application by the offender or the Regulator, require the offender to appear before it and, after hearing the offender and the Regulator, may vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made:
-
(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period that is not more than one year; or
-
(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period, of compliance with any condition that is specified in the order.
(2) Before varying the order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
177 If an application made under subsection 176(1) in relation to an offender has been heard by a court, no other application is to be made under section 176 in relation to the offender except with leave of the court.
178 If a person is found guilty of an offence under this Act and a fine that is imposed is not paid when required, or if a court orders an offender to pay an amount under subsection 175(1) or 176(1) and the amount is not paid, the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court of competent jurisdiction in Canada, and the judgment is enforceable against the person in the same manner as if it were a judgment against them in that court in civil proceedings.
PART 3 Pipelines
179 (1) A person, other than a company, must not construct, operate or abandon a pipeline.
(2) Nothing in this section is to be construed to prohibit or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every pipeline constructed before that date must be operated in accordance with this Act.
180 (1) A company must not operate a pipeline unless
-
(a) a certificate is in force with respect to that pipeline; and
-
(b) the company has been granted leave under this Part to open the pipeline.
(2) A company must not operate a pipeline other than in accordance with the conditions of the certificate or orders issued with respect to that pipeline.
181 (1) A company must not, unless the Commission has, by order, granted it leave to do so,
-
(a) sell or otherwise transfer, or lease, in whole or in part, its pipeline or its abandoned pipeline to any person;
-
(b) purchase or otherwise acquire, or lease, in whole or in part, any pipeline or abandoned pipeline from any person; or
-
(c) if it is authorized to construct or operate a pipeline or if it owns an abandoned pipeline, amalgamate with any other company.
(2) For the purposes of paragraph (1)(b), pipeline includes a pipeline as defined in section 2 or any other pipeline.
182 (1) A company that submits to the Regulator an application for a certificate in respect of a pipeline must file a map with it that includes any details that the Commission may require and shows the general location of the pipeline and any plans, specifications and other information that the Commission may require.
(2) The company must file a copy of the application and map with the attorney general of each province to which the application relates, and the Commission must require that notice of the application be given by publication in newspapers or otherwise.
183 (1) If the Commission considers that an application for a certificate in respect of a pipeline is complete, it must prepare and submit to the Minister, and make public, a report setting out
-
(a) its recommendation as to whether or not the certificate should be issued for all or any part of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and
-
(b) regardless of the recommendation that the Commission makes, all the conditions that it considers necessary or in the public interest to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.
(2) The Commission must make its recommendation taking into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the pipeline, including
-
(a) the environmental effects, including any cumulative environmental effects;
-
(b) the safety and security of persons and the protection of property and the environment;
-
(c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
-
(d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
-
(e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(f) the availability of oil, gas or any other commodity to the pipeline;
-
(g) the existence of actual or potential markets;
-
(h) the economic feasibility of the pipeline;
-
(i) the financial resources, financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline;
-
(j) the extent to which the effects of the pipeline hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
-
(k) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and
-
(l) any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application.
(3) Any member of the public may, in a manner specified by the Commission, make representations with respect to an application for a certificate.
(4) The report must be submitted to the Minister within the time limit specified by the Lead Commissioner. The specified time limit must be no longer than 450 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
(5) In the circumstances prescribed by regulations made under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must submit the report. The Lead Commissioner must provide reasons for doing so.
(6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).
(7) The Commission must make public the time limit specified under subsection (4), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6).
(8) To ensure that the report is prepared and submitted in a timely manner, the Minister may, by order, direct the Lead Commissioner to
-
(a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order;
-
(b) give an instruction under section 41, or take any measure under subsection 42(1), that is set out in the order; or
-
(c) give an instruction under section 41 that addresses a matter set out in the order.
(9) Orders made under subsection (6) are binding on the Commission and those made under subsection (8) are binding on the Lead Commissioner.
(10) Each order made under subsection (8) must be published in the Canada Gazette within 15 days after the day on which it is made.
(11) Subject to sections 184 and 186, the report is final and conclusive.
184 (1) After the Commission has submitted its report under section 183, the Governor in Council may, by order, refer the recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration.
(2) The order may direct the Commission to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Commission must complete its reconsideration.
(3) The order is binding on the Commission.
(4) The order must be published in the Canada Gazette within 15 days after the day on which it is made.
(5) The Commission must, within the time limit specified in the order, if one was specified,
-
(a) reconsider its recommendation or any condition referred back to it, as the case may be;
-
(b) prepare and submit to the Minister a report on its reconsideration; and
-
(c) make the report public.
(6) In the reconsideration report, the Commission must
-
(a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and
-
(b) if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one.
(7) Regardless of what the Commission sets out in the reconsideration report, the Commission must set out in the report all the conditions, that it considers necessary or in the public interest, to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.
(8) Subject to subsection (9) and section 186, the Commission’s reconsideration report is final and conclusive.
(9) After the Commission has submitted its report under subsection (5), the Governor in Council may, by order, refer the Commission’s recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. If it does so, subsections (2) to (8) apply.
185 If the application for a certificate relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,
-
(a) the Commission’s powers, duties and functions under section 182, subsections 183(1) and (2) and section 184 are to be exercised and performed by a review panel established under subsection 47(1) of that Act;
-
(b) in subsections 183(1) and 184(5), a reference to the Minister is to be read as a reference to the Minister and the Minister of the Environment;
-
(c) the report referred to in subsection 183(1) is to be submitted within the time limit established under section 37 of that Act;
-
(d) subsections 183(3) to (10) do not apply; and
-
(e) subsection 189(1) applies with respect to the review panel.
186 (1) After a report has been submitted under section 183 or 184, the Governor in Council must,
-
(a) in the case of a recommendation that a certificate be issued,
-
(i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be,
-
(ii) direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or
-
(iii) direct the Commission, by order, to dismiss the application for a certificate; or
-
-
(b) in the case of a recommendation that a certificate not be issued,
-
(i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be, or
-
(ii) direct the Commission, by order, to dismiss the application for a certificate.
-
(2) An order made under subsection (1) must set out the reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline.
(3) An order made under subsection (1) must be made within 90 days after the day on which the report under section 183 is submitted. The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit. If the Governor in Council makes an order under subsection 184(1) or (9), the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit.
(4) Every order made under subsection (1) or (3) is final and conclusive.
(5) The Commission must comply with an order made under subsection (1) within seven days after the day on which it is made.
(6) An order made under subsection (1) must be published in the Canada Gazette within 15 days after the day on which it is made.
187 Every certificate is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, must be complied with.
188 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 186(1) is commenced by making an application for leave to that Court.
(2) The following rules govern an application under subsection (1):
-
(a) the application must be filed in the Registry of the Federal Court of Appeal within 15 days after the day on which the order is published in the Canada Gazette;
-
(b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application or notice; and
-
(c) a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance.
189 (1) A failure by the Commission to comply with subsection 183(1) or 184(5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid.
(2) Despite subsection 186(3), the Governor in Council may make an order under subsection 186(1) after the expiry of the time limit for doing so.
190 (1) The Commission may, on application or on its own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead.
(2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate.
(3) In varying or transferring a certificate, the Commission may impose — in addition to or in lieu of any conditions to which the certificate was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
191 If the Commission recommends to the Governor in Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission
-
(a) to vary or transfer the certificate as recommended;
-
(b) not to vary or transfer the certificate; or
-
(c) to reconsider the matter.
192 If the Commission recommends to the Governor in Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter.
193 (1) In an order directing a reconsideration, the Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit.
(2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.
194 An order under section 191 or 192 must be published in the Canada Gazette within 15 days after the day on which it is made.
195 (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate.
(2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
196 The Commission may, by order, revoke a certificate issued under this Part on application by or with the consent of the holder.
197 (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate.
(2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
198 Except as otherwise provided in this Act, a company must not begin the construction of a section or part of a pipeline unless
-
(a) the Commission has issued a certificate in respect of the pipeline;
-
(b) the company has complied with all applicable conditions to which the certificate is subject;
-
(c) the plan, profile and book of reference of the section or part of the pipeline have been approved by the Commission; and
-
(d) copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part of the pipeline is to pass.
199 (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator.
(2) The plan and profile must include any details that the Commission may require.
(3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers insofar as they can be ascertained.
(4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary.
200 In addition to the plans, profiles and books of reference, a company must, as soon as feasible, deposit with the Regulator any additional material, including plans, specifications and drawings with respect to any part of its pipeline, as the Commission may require.
201 (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199(1), the company must, in the form and manner specified by the Commission,
-
(a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and
-
(b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.
(2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline.
(2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).
(3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route.
(4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that route.
202 (1) If a written statement is filed with the Regulator under subsection 201(3) or (4) within the period set out in that subsection, the Commission must order that a public hearing be held.
(2) The Commission must select a region in which to hold the hearing that it considers convenient for persons who filed a written statement under subsection 201(3) or (4) and must provide reasons for its selection, including the factors that it took into account.
(3) The Commission must fix a suitable time and place for the hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated and by sending it to each person who filed a written statement under subsection 201(3) or (4).
(4) At the time and place fixed for the hearing, the Commission must hold a hearing and must permit each person who filed a written statement under subsection 201(3) or (4) to make representations and may, if the Commission considers it appropriate to do so, allow any other interested person to make representations before it.
(5) The Commission or a person authorized by it may inspect the lands that are proposed to be acquired, leased, taken or used for, or that are affected by, the pipeline construction as the Commission considers necessary.
(6) The Commission may at any time disregard a written statement filed under subsection 201(3) or (4) and is not required to take any action under this section with respect to that statement, if
-
(a) the person who filed the statement files a notice of withdrawal with the Regulator; or
-
(b) the Commission considers that the statement is frivolous or vexatious or is not made in good faith.
203 (1) Subject to subsections (2) and 202(6), the Commission must not approve a plan, profile and book of reference unless it has taken into account, in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of its construction,
-
(a) all written statements filed under subsection 201(3) or (4); and
-
(b) all representations made to the Commission at a public hearing.
(2) The Commission may approve a plan, profile and book of reference in respect of any section or part of a pipeline if no written statement under subsection 201(3) or (4) has been filed in respect of that section or part.
204 In any approval referred to in section 203, the Commission may impose any conditions that it considers appropriate.
205 If the Commission has held a public hearing under subsection 202(4) in respect of any section or part of a pipeline and approved or refused to approve a plan, profile and book of reference respecting that section or part, it must, without delay, forward a copy of its decision and the reasons for it to each person who made representations to the Commission at the public hearing.
206 The Commission may, by order, fix an amount that it considers reasonable in respect of the interim or final costs that are incurred by any person who made or will make representations to the Commission at a public hearing under subsection 202(4) and that amount is payable, on an interim or final basis and without delay, to that person by the company whose pipeline route is the subject of the public hearing.
207 For greater certainty, the issuance of a certificate or the approval of a plan, profile and book of reference does not relieve the company from otherwise complying with this Act.
208 (1) If any omission, misstatement or error is made in a registered plan, profile or book of reference, the company must submit an application to the Regulator for a permit to correct the omission, misstatement or error.
(2) The Commission may in its discretion issue a permit setting out the nature of the omission, misstatement or error and the correction allowed.
(3) On the deposit of copies of the permit issued under subsection (2), certified by the Regulator, in the land registry office or other office where title to land is recorded for the area in which the lands affected are situated, the plan, profile or book of reference must be considered to be corrected in accordance with the permit, and the company may, subject to the other provisions of this Act, construct the pipeline in accordance with the correction.
209 A pipeline may be made, carried or placed across, on or under lands on the detailed route, even if, through error or any other cause, the name of the owner or holder of an interest or right in the lands has not been entered in the book of reference, or some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.
210 (1) Every land registrar must receive and preserve in their office the plans, profiles, books of reference, certified copies and other documents required by this Act to be deposited with the registrar, and must endorse them with the day, hour and minute when they were deposited.
(2) Any person may inspect the documents preserved under subsection (1) and may make extracts and copies of them.
(3) A land registrar must, at the request of any person, certify copies of any document or portion of a document preserved under subsection (1), on being paid at a rate that is reasonable and customary in similar cases.
(4) The certification of the land registrar must set out that the document was deposited in the registrar’s office, and must state the time when it was deposited.
(5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Commission.
211 (1) If a deviation is required by a company to be made in a pipeline, or a part of a pipeline, that has been constructed or for which a detailed route has been approved, a plan, profile and book of reference of the part of the pipeline proposed to be changed, showing the deviation proposed to be made, must be submitted to the Regulator for the approval of the Commission.
(2) If the plan, profile and book of reference of the part of the pipeline proposed to be changed have been approved by the Commission, and copies have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, and all the provisions of this Act are applicable to the part of the pipeline, as changed or proposed to be changed, in the same manner as they are applicable to the original pipeline.
(3) The Commission may exempt a company from all or any of the provisions of this section if the deviation was made or is to be made for the purpose of benefiting a pipeline, or for any other public purpose, if it considers it appropriate to do so, but the deviation must not exceed the distance that is specified by the Commission from the centre line of the pipeline located or constructed in accordance with the plans, profiles and books of reference approved by the Commission under this Act.
212 (1) The Commission may, by order, on any conditions that it considers appropriate, direct a company to relocate its pipeline if the Commission considers that the relocation is necessary
-
(a) to ensure the safety of persons and the pipeline;
-
(b) to protect the environment;
-
(c) to facilitate the construction, reconstruction or relocation of a highway, a railway or any other work of public interest; or
-
(d) to prevent or remove an interference with a drainage system.
(2) The Commission may, by order, direct by whom and to whom the costs of the relocation referred to in subsection (1) must be paid.
(3) The Commission must not direct a company to relocate any section or part of its pipeline unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.
(4) For the purposes of ensuring that the procedures set out in sections 201 to 205 are complied with, the Commission may order the company to carry out the procedures that the company would have been required to carry out if the company had submitted to the Regulator a plan, profile and book of reference under subsection 199(1) and those sections apply, with any modifications that the circumstances require, in respect of any matter related to the carrying out of those procedures.
(5) The Commission may, by order,
-
(a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and
-
(b) direct by whom and to whom the amount is to be paid.
213 (1) A pipeline or section of a pipeline must not be opened for the transmission of hydrocarbons or any other commodity by a company unless an order granting it leave to do so has been made by the Commission.
(2) Leave may be granted by the Commission under this section only if it is satisfied that the pipeline may safely be opened for transmission.
214 (1) The Commission may, by order, exempt from the application of any or all of the provisions of section 179, subsection 180(1) and sections 182, 198, 199 and 213
-
(a) pipelines or branches of or extensions to pipelines, of not more than 40 kilometres in length;
-
(b) pipelines that have already been constructed; and
-
(c) any tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works.
(2) In any order made under subsection (1), the Commission may impose any conditions that it considers appropriate.
(3) If an application for an order under subsection (1) is made, the Commission must, within the time limit specified by the Lead Commissioner, either make an order under that subsection or dismiss the application.
(4) The time limit specified by the Lead Commissioner must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
(5) In the circumstances prescribed by regulations made under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit. The Lead Commissioner must provide reasons for doing so.
(6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (3).
(7) The Commission must make public the time limit specified under subsection (3), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6).
(8) Despite subsections (3) to (6), if the Lead Commissioner considers that an application for an exemption is related to an application for a certificate in respect of a pipeline, the time limit within which to make an order under subsection (1) or to dismiss the application for an exemption expires on the day on which the certificate is issued or the application for the certificate is dismissed.
(9) A failure by the Commission to make an order under subsection (1) or dismiss the application within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.
215 If the application for an exemption relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,
-
(a) the time limit within which the Commission must make an order under subsection 214(1) or dismiss the application is seven days after the day on which the decision statement with respect to the designated project is posted on the Internet under section 66 of that Act; and
-
(b) subsections 214(3) to (8) do not apply.
216 The Regulator may make regulations prescribing, for the purposes of subsection 183(5) or 214(5), the circumstances in which periods may be excluded from the calculation of the time limit.
217 (1) A company must not construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 214, in respect of the pipeline, and
-
(a) the certificate or order contains a condition relating to that utility;
-
(b) the company has been granted leave under subsection (2); or
-
(c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4).
(2) The Commission may, by order, on application, grant a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application.
(3) The leave may be granted in whole or in part and be subject to any conditions that the Commission considers appropriate.
(4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.
(5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the work.
(6) In this section, utility means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telecommunications line or a line for the transmission of hydrocarbons, electricity or any other substance.
218 A person must not construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless a certificate has been issued, or an order has been made under section 214, in respect of the pipeline.
219 (1) In making its recommendation in a report prepared under section 183, the Commission must also take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including on the safety of navigation.
(2) When deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water, the Commission must take into account the effects that its decision might have on navigation, including on the safety of navigation, in addition to any other factor that it considers appropriate.
220 Despite the definition work in section 2 of the Canadian Navigable Waters Act, a pipeline is not a work to which that Act applies.
221 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting
-
(a) their design, construction or operation;
-
(b) the making of deviations to them;
-
(c) their relocation;
-
(d) the safety and security of their operation; and
-
(e) their abandonment.
(2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.
(3) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
222 (1) Terms and conditions in respect of a pipeline that were, at any time before July 3, 2013, imposed under section 108 of the National Energy Board Act, are considered to be conditions set out in the certificate issued, or order made under section 214, as the case may be, in respect of the pipeline.
(2) If, at any time before July 3, 2013, the Minister of Transport or the National Energy Board had provided, under section 108 of the National Energy Board Act, that leave under that section was not necessary because the pipeline was to be constructed in accordance with certain orders, regulations, plans and specifications, a company must not construct the pipeline other than in accordance with those orders, regulations, plans and specifications or as specified by the Commission.
223 (1) Every person who contravenes subsection 217(1), section 218 or subsection 222(2) is guilty of an offence and is liable
-
(a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or
-
(b) on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
(2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
224 (1) Despite the other provisions of this Act, or any general or Special Act or law, if any section or part of a company’s pipeline passes on, over, along or under a utility, as defined in subsection 217(6) — or passes in, on, over, under, through or across a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2),
-
(a) that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Regulator; and
-
(b) subject to the other provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline.
(2) The following are the circumstances for the purposes of subsection (1):
-
(a) leave has been obtained under subsection 217(2) or (5) in respect of the pipeline;
-
(b) the certificate issued, or the order made under section 214, in respect of the pipeline contains a condition relating to the utility;
-
(c) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 217(4);
-
(d) a certificate has been issued, or an order has been made under section 214, in respect of the pipeline and the pipeline passes in, on, over, under, through or across a navigable water; and
-
(e) leave has been obtained under section 108 of the National Energy Board Act in respect of the pipeline at any time before July 3, 2013.
225 In sections 226 to 240, tariff means a schedule of tolls, conditions, classifications, practices or rules and regulations applicable to the provision of a service by a company, and includes rules respecting the calculation of tolls.
226 The Commission may make orders with respect to all matters relating to traffic, tolls or tariffs.
227 A company must file each tariff it makes and any amendments made to a tariff, with the Regulator.
228 If a company files a tariff with the Regulator and the company proposes to charge a toll referred to in paragraph (b) of the definition toll in section 2, the Commission may establish the day on which the tariff is to come into effect, and the company is prohibited from charging the toll before that day.
229 (1) A company is prohibited from charging a toll unless the toll is
-
(a) specified in a tariff that is filed with the Regulator and is in effect; or
-
(b) approved by an order of the Commission.
(2) If the oil, gas or other commodity transmitted by a company through its pipeline is the property of the company, the company must, if requested by the Regulator, file copies of any contract it enters into for the sale of the oil, gas or commodity, or any amendments it makes to such a contract, with the Regulator and those copies are deemed, for the purpose of sections 225 to 240, to be a tariff filed in accordance with subsection (1).
230 All tolls must be just and reasonable, and must always, under substantially similar circumstances and conditions with respect to all traffic of the same description carried over the same route, be charged equally to all persons at the same rate.
231 The Commission may determine
-
(a) whether traffic is or has been carried under substantially similar circumstances and conditions for the purposes of section 230;
-
(b) whether a company has complied with the provisions of section 230; and
-
(c) whether there has been unjust discrimination for the purposes of section 235.
232 If the Commission has made an interim order authorizing a company to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the company
-
(a) to refund, in the manner that the Commission considers appropriate, the part of the tolls charged under the interim order that is in excess of the tolls determined by the Commission to be just and reasonable, together with interest on the amount to be refunded; or
-
(b) to recover in its tolls, in the manner that the Commission considers appropriate, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged under the interim order, together with interest on the amount to be recovered.
233 The Commission may disallow any tariff or any portion of a tariff that it considers to be contrary to this Act or to any order of the Commission, and may require a company to substitute in its place, within a prescribed time, a tariff that the Commission considers satisfactory, or may prescribe other tariffs in place of the tariff or the portion of the tariff that is disallowed.
234 The Commission may suspend the application of any tariff or any portion of a tariff before or after the tariff goes into effect.
235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.
236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.
237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they
-
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or
-
(b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).
(2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence.
(3) No prosecution may be instituted for an offence under this section without leave of the Commission.
238 (1) Except as provided in this section, no contract, condition or notice made or given by a company limiting its liability in respect of the transmission of hydrocarbons or any other commodity relieves the company from its liability, unless that class of contract, condition or notice is included as a condition of its tariffs that are filed with the Regulator or has been first approved by order of the Commission or authorized by regulation.
(2) The Commission may determine the extent to which the liability of a company may be limited as provided in this section.
(3) The Commission may prescribe the conditions under which hydrocarbons or any other commodity may be transmitted by a company.
239 (1) Subject to any regulations that the Commission may prescribe and any exemptions or conditions it may impose, a company operating a pipeline for the transmission of oil must, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil offered for transmission by means of its pipeline.
(2) The Commission may, by order, on any conditions that it specifies in the order, require a company operating a pipeline for the transmission of gas or a commodity other than oil to, according to its powers, receive, transport and deliver such a commodity offered for transmission by means of its pipeline.
(3) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may require a company operating a pipeline for the transmission of oil, gas or any other commodity to provide adequate and suitable facilities for
-
(a) receiving, transmitting and delivering the oil, gas or other commodity offered for transmission by means of its pipeline;
-
(b) storing the oil, gas or other commodity; and
-
(c) joining its pipeline with other facilities for the transmission of oil, gas or any other commodity.
240 (1) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may direct a company operating a pipeline for the transmission of gas to extend or improve its facilities to facilitate joining its pipeline with the facilities of, and sell gas to, any person or municipality engaged or legally authorized to engage in the local distribution of gas to the public, and for those purposes to construct branch lines to communities immediately adjacent to its pipeline.
(2) Subsection (1) does not empower the Commission to compel a company to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers.
(3) If the gas transmitted by a company through its pipeline is the property of the company, the differential between the cost to the company of the gas at the point where it enters its pipeline and the amount for which the gas is sold by the company is, for the purposes of sections 225 to 240, deemed to be a toll charged by the company to the purchaser for the transmission of that gas.
241 (1) A company must not abandon a pipeline unless the Commission has, by order, granted it leave to do so.
(2) If a company has submitted to the Regulator an application to abandon a pipeline, the company must, in the form and manner specified by the Commission,
-
(a) serve a notice on all owners of lands through which the pipeline passes, insofar as they can be ascertained; and
-
(b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.
(3) If a written statement of opposition to the abandonment is filed with the Regulator or if a person requests in writing that a hearing be held in respect of the application for leave to abandon the operation of a pipeline, the Commission must order that a public hearing be conducted in respect of the application unless
-
(a) the person who filed the written statement or who requested the hearing files a notice of withdrawal with the Regulator; or
-
(b) the Commission considers that the opposition or request is frivolous or vexatious or is not made in good faith.
(4) The Commission may, on granting leave to abandon a pipeline, impose any conditions that it considers appropriate.
(5) A company that has been granted leave to abandon a pipeline continues to be liable for the abandoned pipeline under this Act.
242 (1) The Commission may order a company to take any measure, including maintaining funds or security, that the Commission considers necessary to ensure that the company has the ability to pay for the abandonment of its pipeline and to pay any costs and expenses related to its abandoned pipeline.
(2) If the Commission orders a company to maintain funds or security, the Commission may
-
(a) order the company to use all or a portion of the funds or security to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline;
-
(b) authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to use all or a portion of the funds or security to pay for that abandonment or to pay those costs and expenses;
-
(c) realize all or a portion of the security in order to enable a third party or the Regulator to pay for that abandonment or to pay those costs and expenses; and
-
(d) order that any surplus referred to in subsection 246(2) be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account.
243 (1) A designated officer may, by order, designate a pipeline as an orphan pipeline if the directors or officers of the company that holds the certificate in respect of the pipeline cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located.
(2) For the purposes of subsection (1), a person that is named in an order made under section 214 in respect of the pipeline, or that is authorized under a Special Act to operate the pipeline, is considered to be the company that holds the certificate.
244 A designated officer may, by order, designate an abandoned pipeline as an orphan abandoned pipeline if the directors or officers of the company that owns it cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located.
245 (1) A designated officer may take any action or measure that they consider necessary in relation to the abandonment of an orphan pipeline or in relation to an orphan abandoned pipeline or they may authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to take the action or measure.
(2) No action lies against the Regulator or an employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure referred to in subsection (1).
(3) A third party that is authorized under subsection (1) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking those actions or measures.
246 (1) There is established an account in the accounts of Canada to be called the Orphan Pipelines Account.
(2) If a pipeline is abandoned, the surplus determined in accordance with the formula set out in subsection (3) may be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account, if the Commission considers it appropriate.
(3) The amount of the surplus is determined in accordance with the formula
- A
- B
(a) the subject of an order made under paragraph 242(2)(a) or an authorization given under paragraph 242(2)(b) or realized under paragraph 242(2)(c), and
(b) they are used to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline.
(3.1) On April 1 of every year there is to be credited to the Orphan Pipelines Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.
(4) Any amounts required for the purpose of paying the costs and expenses of any action or measure taken under subsection 245(1) may be paid out of the Consolidated Revenue Fund and charged to the Orphan Pipelines Account if the Commission considers it appropriate and
-
(a) the funds or security referred to in subsection 242(1) are insufficient; or
-
(b) the company is not the subject of an order under subsection 242(1).
(5) A payment must not be made out of the Consolidated Revenue Fund under subsection (4) in excess of the amount of the balance to the credit of the Account.
(6) A payment made out of the Orphan Pipelines Account in respect of a pipeline does not affect the liability under this Act of a company that has been granted leave to abandon a pipeline.
PART 4 International and Interprovincial Power Lines
247 A person must not construct or operate a section or part of an international power line except in accordance with a permit issued under section 248 or a certificate issued under section 262.
248 (1) On application, the Commission must, subject to section 8 of the Impact Assessment Act, issue a permit authorizing the construction and operation of an international power line, except in the case of a power line that is designated by order of the Governor in Council under paragraph 258(1)(a) or in respect of which an election is made under section 259.
(2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.
249 (1) The applicant must cause to be published a notice of the application in the Canada Gazette and any other publications that the Commission considers appropriate.
(2) The Commission may waive the requirement to publish the notice if it considers that there is a critical shortage of electricity caused by a terrorist activity, as defined in subsection 83.01(1) of the Criminal Code.
250 The lieutenant governor in council of a province may designate as the provincial regulatory agency the lieutenant governor in council of the province, a provincial minister of the Crown or any other person or a board, commission or other tribunal.
251 Sections 253 and 254 apply in respect of those parts of international power lines that are within a province in which a provincial regulatory agency is designated under section 250 but do not apply in the case of international power lines in respect of which an election is filed under section 259.
252 For the purposes of sections 253 to 255, a law of a province is in relation to lines for the transmission of electricity from a place in the province to another place in that province if the law is in relation to any of the following matters:
-
(a) the determination of their location or detailed route;
-
(b) the acquisition, including by expropriation, or lease of land required for the purposes of those lines, the power to so acquire or lease land and the procedure for so acquiring or leasing it;
-
(c) assessments of their impact on the environment;
-
(d) the protection of the environment against the consequences of the construction, operation and abandonment of those lines, and the mitigation of their effects on the environment;
-
(e) their construction and operation and the procedure to be followed in abandoning their operation.
253 The laws in force in a province in relation to lines for the transmission of electricity from a place in the province to another place in that province apply in respect of parts of international power lines that are within that province.
254 A provincial regulatory agency designated under section 250 has, in respect of those parts of international power lines that are within that province, the powers, duties and functions that it has under the laws of the province in respect of lines for the transmission of electricity from a place in the province to another place in that province, including a power, duty or function to refuse to approve any matter or thing for which the approval of the agency is required, even though the result of the refusal is that the line cannot be constructed or operated.
255 Conditions of permits and certificates and Acts of Parliament of general application are, for the purpose of applying the laws of a province under section 253 or 254, paramount to those laws.
256 The Commission may, within a reasonable time after the publication of the notice referred to in section 249, require the applicant to furnish any information, in addition to that required to accompany the application, that the Commission considers necessary to determine whether to make a recommendation under section 257.
257 (1) The Commission may make a recommendation to the Minister, which it must make public, that an international power line be designated by order of the Governor in Council under section 258, and may delay issuing a permit during the period that is necessary for the purpose of making the order.
(2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the international power line by the applicant and the government of any province through which the line is to pass, and must have regard to all considerations that appear to it to be relevant, including
-
(a) the effect of the power line on provinces other than those through which the line is to pass;
-
(b) the impact of the construction or operation of the power line on the environment; and
-
(c) any other considerations that may be specified in the regulations.
258 (1) The Governor in Council may, by order,
-
(a) designate an international power line as an international power line that is to be constructed and operated in accordance with a certificate issued under section 262; and
-
(b) revoke any permit issued in respect of the line.
(2) No order may be made under subsection (1) in respect of a power line more than 45 days after the issuance of a permit in respect of the line.
(3) If an order is made under subsection (1),
-
(a) no permit is to be issued in respect of the power line; and
-
(b) any application in respect of the line is to be dealt with as an application for a certificate.
259 The applicant for or holder of a permit or certificate may file with the Regulator, in the form prescribed by the regulations, an election that the provisions of this Act referred to in section 266 and not the laws of a province described in section 252 apply in respect of the existing or proposed international power line.
260 (1) If an election is filed under section 259,
-
(a) no permit is to be issued in respect of the power line;
-
(b) any application in respect of the line is to be dealt with as an application for a certificate; and
-
(c) any permit or certificate issued in respect of the line is revoked.
(2) An applicant for or holder of a permit or certificate who files an election under section 259 and who, at the time of the election, is proceeding under the laws of a province to acquire or lease land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition or lease.
(3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.
261 (1) The Governor in Council may, by order,
-
(a) designate an interprovincial power line as an interprovincial power line that is to be constructed and operated in accordance with a certificate issued under section 262; and
-
(b) specify considerations to which the Commission must have regard in deciding whether to issue such a certificate.
(2) A person must not construct or operate any section or part of an interprovincial power line in respect of which an order made under subsection (1) is in force except in accordance with a certificate issued under section 262.
262 (1) If the Commission is satisfied that the power line is and will be required by the present and future public convenience and necessity, the Commission may, subject to section 52 and to the approval of the Governor in Council, issue a certificate in respect of
-
(a) an international power line in relation to which an order made under section 258 is in force;
-
(b) an international power line in relation to which an election is filed under section 259; or
-
(c) an interprovincial power line in relation to which an order made under section 261 is in force.
(2) In deciding whether to issue a certificate, the Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the power line, including
-
(a) the environmental effects, including any cumulative environmental effects;
-
(b) the safety and security of persons and the protection of property and the environment;
-
(c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
-
(d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
-
(e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(f) the extent to which the effects of the power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and
-
(g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.
(3) Any permit that is issued in respect of an international power line in relation to which an order made under section 258 is in force, and that was not revoked by the order, is revoked on the Commission’s deciding not to issue a certificate in respect of the power line.
(4) The Commission must, within the time limit specified by the Lead Commissioner,
-
(a) decide that the certificate should be issued and recommend to the Minister that the Governor in Council approve the issuance of the certificate; or
-
(b) decide that no certificate is to be issued and dismiss the application in respect of the line.
(5) The specified time limit must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
(6) In the circumstances prescribed by regulation, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so.
(7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).
(8) The Commission must make public the time limit specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7).
(9) If a recommendation referred to in paragraph (4)(a) is made, the Governor in Council may, within 90 days after the making of that recommendation, either approve the issuance of the certificate or refuse to approve its issuance. The Governor in Council may extend the time limit for doing so for any additional period or periods.
(10) If the Governor in Council approves the issuance of the certificate, the Commission must, within seven days after the day on which the approval was given, issue the certificate.
(11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make a decision as to whether a certificate should be issued or to dismiss the application, and anything done by it in relation to the application remains valid.
(12) Despite subsection (9), the Governor in Council may approve the issuance of the certificate or refuse to approve its issuance after the expiry of the time limit for doing so.
263 If an application under section 262 relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,
-
(a) the Commission’s powers, duties and functions under subsections 262(1), (2) and (4) — other than the actual issuance of the certificate as set out in subsection 262(10) — are to be exercised or performed by a review panel referred to in subsection 47(1) of that Act;
-
(b) subsection 262(3) applies with respect to the review panel’s decision;
-
(c) the decision referred to in subsection 262(4) is to be made within the time limit that is established under section 37 of that Act;
-
(d) subsections 262(5) to (8) do not apply with respect to the application; and
-
(e) subsection 262(11) applies with respect to the review panel.
264 Sections 265 and 266 apply in respect of
-
(a) international power lines in respect of which an election is filed under section 259;
-
(b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250; and
-
(c) interprovincial power lines in respect of which an order made under section 261 is in force.
265 A person must not begin the construction of a section or part of an international or interprovincial power line until
-
(a) the plan, profile and book of reference of the section or part are approved by the Commission; and
-
(b) copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part is to pass.
266 (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318, 335, 341 and 342, apply in respect of international and interprovincial power lines referred to in section 264 as if each reference in any of those provisions to
-
(a) a company were a reference to the applicant for or holder of the permit or certificate issued in respect of the power line;
-
(b) a pipeline were a reference to the international or interprovincial power line; and
-
(c) hydrocarbons or any other commodity were a reference to electricity.
(2) If a deviation is required to be made to a part of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation passes in, on, over, under, through or across a navigable water, section 211 also applies to that part as if each reference in that section to
-
(a) a company were a reference to the holder of the permit or certificate; and
-
(b) a pipeline were a reference to the international power line.
(3) Subsection 224(1) applies in respect of an international or interprovincial power line referred to in section 264 as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances:
-
(a) leave has been obtained under subsection 272(2) or (5) in respect of the power line;
-
(b) the permit referred to in section 248, or the certificate, issued in respect of the power line contains a condition relating to the utility referred to in subsection 224(1);
-
(c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272(4);
-
(d) a permit referred to in section 248, or a certificate, has been issued in respect of the power line and the power line passes in, on, over, under, through or across a navigable water; and
-
(e) leave had been obtained under section 108 of the National Energy Board Act in respect of the power line at any time before July 3, 2013.
(4) A reference to an abandoned pipeline in the provisions referred to in this section is not a reference to an abandoned international or interprovincial power line.
267 A person must not construct or operate an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water unless a permit referred to in section 248 or a certificate has been issued in respect of the power line.
268 In addition to any other factor that it considers appropriate, the Commission must take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue a certificate or permit, make an order, give a direction or grant a leave, approval or exemption in respect of an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water.
269 Despite the definition work in section 2 of the Canadian Navigable Waters Act, an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, is not a work to which that Act applies.
270 The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of international power lines, or of interprovincial power lines in respect of which orders made under section 261 are in force, that pass in, on, over, under, through or across a navigable water, including regulations respecting
-
(a) their design, construction or operation;
-
(b) the making of deviations to them;
-
(c) their relocation;
-
(d) the safety and security of their operation; and
-
(e) the abandonment of their operation.
271 (1) Sections 272 to 274 apply in respect of
-
(a) international power lines in respect of which an election is filed under section 259;
-
(b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250;
-
(c) international power lines if the facility in question is within the legislative authority of Parliament; and
-
(d) interprovincial power lines in respect of which an order made under section 261 is in force.
(2) Section 273 also applies in respect of the part of an international power line for which a permit or certificate is in force and that passes in, on, over, under, through or across a navigable water.
(3) Section 274 also applies in respect of an international power line for which a permit or certificate is in force if the Commission is of the opinion that the relocation of the power line in, on, over, under, through or across a navigable water is necessary to facilitate the construction, reconstruction or relocation of a facility.
272 (1) A person must not construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 248, or a certificate, has been issued in respect of the power line and
-
(a) the permit or certificate contains a condition relating to that facility;
-
(b) the person has been granted leave under subsection (2); or
-
(c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).
(2) On application, the Commission may, by order, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.
(3) The leave may be granted in whole or in part and be subject to conditions.
(4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.
(5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the work.
273 (1) It is prohibited for any person to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under section 275 and done in accordance with them.
(2) It is prohibited for any person to operate a vehicle or mobile equipment across an international or interprovincial power line unless
-
(a) that operation is authorized by orders or regulations made under section 275 and done in accordance with them; or
-
(b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.
(3) The Commission may, by order, direct the owner of a facility constructed across, on, along or under an international or interprovincial power line in contravention of this Act, the Commission’s orders or the regulations to do anything that the Commission considers necessary for the safety or security of the line and, if the Commission considers that the facility may impair the safety or security of the operation of the line, direct the owner to reconstruct, alter or remove the facility.
274 (1) On the conditions that it considers appropriate, the Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to relocate a section or part of the power line if the Commission is of the opinion that the relocation is necessary to facilitate the construction, reconstruction or relocation of a facility.
(2) The Commission may, by order, direct by whom and to whom the costs of the relocation are to be paid.
(3) The Commission must not make an order under subsection (1) unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.
(4) The Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out any of the procedures set out in sections 201 to 205 that the holder would be required to carry out if the holder had submitted to the Regulator a plan, profile and book of reference under subsection 199(1).
(5) Sections 201 to 205 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to
-
(a) a company were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and
-
(b) a pipeline were a reference to the international or interprovincial power line.
(6) The Commission may, by order,
-
(a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and
-
(b) direct by whom and to whom the amount is to be paid.
275 (1) The Commission may, by order, give directions
-
(a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under an international or interprovincial power line;
-
(b) prescribing the area for the purposes of subsection 273(1);
-
(c) authorizing the construction of facilities across, on, along or under an international or interprovincial power line;
-
(d) authorizing ground disturbances within the prescribed area;
-
(e) governing the measures to be taken in relation to
-
(i) the construction of facilities across, on, along or under an international or interprovincial power line,
-
(ii) the construction of an international or interprovincial power line across, on, along or under facilities, other than railways, and
-
(iii) ground disturbances within the prescribed area;
-
-
(f) authorizing the operation of vehicles or mobile equipment across an international or interprovincial power line and governing the measures to be taken in relation to that operation;
-
(g) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this subsection;
-
(h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of international or interprovincial power lines; and
-
(i) authorizing a holder of a permit or certificate to give an authorization referred to in paragraph (c), (d) or (f) on any conditions that the holder considers appropriate.
(2) The Regulator may make regulations respecting any matter referred to in paragraphs (1)(a) to (f) and (h).
(3) The Regulator may, with the approval of the Governor in Council, make regulations
-
(a) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this section; and
-
(b) authorizing a holder of a certificate or permit issued under this Part to give an authorization referred to in paragraph (1)(c), (d) or (f) on any conditions that the holder considers appropriate.
276 (1) Orders made under subsection 275(1) and regulations made under subsection 275(2) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of an international or interprovincial power line and that may extend beyond the prescribed area during the period that starts when a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends
-
(a) at the end of the third working day after the day on which the request is made; or
-
(b) at any later time that is agreed to between the holder and the person making the request.
(2) The Commission may, by order made on any conditions that the Commission considers appropriate, exempt any person from the application of an order or regulation made under section 275.
277 (1) A person must not, without the leave of the Commission, abandon the operation of an international power line or of an interprovincial power line designated by an order under section 261.
(2) On the application of the holder of a permit or certificate, the Commission may, by order, grant leave to abandon the operation of the power line.
278 (1) The Commission may, on the issuance of a permit, make the permit subject to the conditions respecting the matters prescribed by the regulations that the Commission considers necessary or in the public interest.
(2) The Commission may, on the issuance of a certificate, make the certificate subject to the conditions that the Commission considers necessary or in the public interest.
279 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 253, must be complied with.
280 (1) The Commission may, on application or on its own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead.
(2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate.
(3) In varying or transferring a certificate, the Commission may impose — in addition to or in lieu of any conditions to which the certificate was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
281 If the Commission recommends to the Governor in Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission
-
(a) to vary or transfer the certificate as recommended;
-
(b) not to vary or transfer the certificate; or
-
(c) to reconsider the matter.
282 If the Commission recommends to the Governor in Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter.
283 (1) In an order directing a reconsideration, the Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit.
(2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.
284 An order under section 281 or 282 must be published in the Canada Gazette within 15 days after the day on which it is made.
285 (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate.
(2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
286 The Commission may, by order, revoke a certificate issued under this Part on application by or with the consent of the holder.
287 (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate.
(2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
288 (1) The Commission may, on application or on its own initiative, vary a permit issued under this Part and may, on application, transfer a permit issued under this Part.
(2) In varying or transferring a permit, the Commission may impose — in addition to or in lieu of any conditions to which the permit was previously subject — any conditions respecting the matters prescribed by regulations made under section 291 that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
289 (1) The Commission may, by order, suspend or revoke a permit issued under this Part if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the permit.
(2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
290 (1) Section 315, subsections 316(1) to (3) and sections 317, 318 and 341 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 261 is in force.
(2) The provisions of this Act referred to in subsection (1) apply in respect of an international power line as if each reference in those provisions to
-
(a) a company were a reference to the holder of the permit or certificate issued in respect of the line; and
-
(b) a pipeline were a reference to the international or interprovincial power line.
(3) Despite subsection (1), subsections 316(1) to (3) do not apply in respect of any of the following:
-
(a) anything done under leave obtained under subsection 272(2) or (5) in respect of an international power line or of an interprovincial power line referred to in subsection (1);
-
(b) in the case of an interprovincial power line referred to in subsection (1),
-
(i) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a condition relating to that facility, or
-
(ii) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line;
-
-
(c) in the case of an international power line,
-
(i) any section or part of the line that passes on, over, along or under a facility if a permit referred to in section 248, or a certificate, has been issued in respect of the line and the permit or certificate contains a condition relating to that facility, or
-
(ii) any section or part of the line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 248, or a certificate, has been issued in respect of the line;
-
-
(d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013.
291 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Part, including regulations
-
(a) prescribing matters in respect of which conditions of permits may be imposed;
-
(b) respecting the information to be furnished in connection with applications for permits;
-
(c) specifying considerations to which the Commission must have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 258;
-
(d) prescribing the form of elections filed under section 259; and
-
(e) prescribing the circumstances referred to in subsection 262(6).
292 (1) Every person who contravenes section 267, subsection 272(1), 273(1) or (2), 295(2) or (3), an order made under subsection 273(3) or an order or regulation made under section 275 is guilty of an offence and is liable
-
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
(2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
293 (1) Every person who contravenes a regulation made under section 270 is guilty of an offence punishable on summary conviction.
(2) A person is not to be found guilty of an offence under this section if they establish that they exercised due diligence to prevent the commission of the offence.
294 (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318, 335, 341 and 342, apply in respect of international power lines in respect of which a certificate was issued under the National Energy Board Act before June 1, 1990, or an order was made under subsection 58(2) of that Act as that subsection read before that date, as if each reference in any of those provisions to
-
(a) a company were a reference to the applicant for or holder of the certificate issued in respect of the power line or the person who operates the line in respect of which the order was made;
-
(b) a pipeline were a reference to the international power line; and
-
(c) hydrocarbons or any other commodity were a reference to electricity.
(2) A reference to an abandoned pipeline in the provisions referred to in subsection (1) is not a reference to an abandoned international or interprovincial power line.
295 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before July 3, 2013, imposed under section 58.29 or 108 of the National Energy Board Act or by the Minister of Transport under the Canadian Navigable Waters Act apply as if they were conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.
(2) If, at any time before July 3, 2013, the Minister of Transport had provided under section 58.3 or 108 of the National Energy Board Act that leave under either section, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders, regulations, plans and specifications, a person must not construct the power line otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Commission of the Regulator.
(3) If, at any time before July 3, 2013, the National Energy Board had provided under section 58.33 or 108 of the National Energy Board Act that leave under section 58.29 or 108 of that Act, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders or regulations, a person must not construct the power line otherwise than in accordance with those orders or regulations or as specified by the Commission of the Regulator.
PART 5 Offshore Renewable Energy Projects and Offshore Power Lines
296 (1) The following definitions apply in this Part.
authorization means an authorization issued under section 298. (autorisation)
debris means any facility, equipment or system that was put in place in the course of any work or activity required to be authorized under this Part and that has been abandoned without an authorization, or anything that has broken away or been jettisoned or displaced in the course of any such work or activity. (débris)
(2) A reference in this Part to “in a province” is, in relation to the Northwest Territories, a reference to “in the onshore, as defined in section 2 of the Northwest Territories Act”.
297 A person must not, except in accordance with an authorization,
-
(a) carry on, in the offshore area, any work or activity that is related to an offshore renewable energy project or to an offshore power line; or
-
(b) carry on any work or activity to construct, operate or abandon any part of an offshore power line that is in a province.
298 (1) On application, the Commission may issue an authorization for
-
(a) each work or activity that is proposed to be carried on, in the offshore area, in relation to an offshore renewable energy project or to an offshore power line; and
-
(b) each work or activity that is proposed to be carried on to construct, operate or abandon any part of an offshore power line that is in a province.
(2) An application must include any information that may be required by the Regulator, or prescribed by regulation, with respect to the proposed work or activity and to the offshore renewable energy project or offshore power line, including information with respect to any facility, equipment, system or vessel related to the project or power line.
(3) In determining whether to issue an authorization, the Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the offshore renewable energy project or offshore power line, including
-
(a) the environmental effects, including any cumulative environmental effects;
-
(b) the safety and security of persons and the protection of property and the environment;
-
(c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
-
(d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
-
(e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
-
(f) the extent to which the effects of the project or power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and
-
(g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.
(4) The Commission must, within the time limit specified by the Lead Commissioner, issue the authorization or dismiss the application.
(5) The specified time limit must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.
(6) In the circumstances prescribed by regulation, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so.
(7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).
(8) The Commission must make public the time limit specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7).
(9) An authorization is subject to any conditions that may be imposed by the Commission or under the regulations, including conditions with respect to
-
(a) approvals;
-
(b) deposits of money;
-
(c) liability for loss, damage, costs or expenses related to debris;
-
(d) the carrying out of safety studies or environmental programs or studies; and
-
(e) certificates of fitness and who may issue them.
(10) Every authorization is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, will be complied with.
(11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to issue the authorization or dismiss the application, and anything done by it in relation to the application remains valid.
299 If an application under section 298 relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,
-
(a) despite the time limit established under subsections 298(4) and (5), the Commission must make its decision under subsection 298(4) within seven days after the day on which the decision statement with respect to the project is posted on the Internet under section 66 of that Act;
-
(b) the Commission must make its decision under subsection 298(4) solely on the basis of the report referred to in paragraph 51(1)(d) of that Act; and
-
(c) subsections 298(3) and (6) to (8) do not apply with respect to the application.
300 (1) The Commission may, on application or on its own initiative, vary an authorization and may, on application, transfer an authorization.
(2) In varying or transferring an authorization, the Commission may impose any conditions in addition to or in lieu of any conditions to which the authorization was previously subject.
301 (1) The Commission may, by order, suspend or revoke an authorization if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the authorization.
(2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
302 (1) If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage, or if Her Majesty in right of Canada or a province reasonably incurs any costs or expenses in taking any action or measure in relation to debris,
-
(a) all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally, or solidarily, liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage and for those costs and expenses; and
-
(b) the person who is required to obtain an authorization in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability that is determined under this section, for that loss, actual loss or damage and for those costs and expenses.
(2) A person who is required to obtain an authorization and who retains, to carry on a work or activity for which an authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally, or solidarily, liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1).
(3) For the purposes of paragraph (1)(b), the limits of liability are
-
(a) in respect of a work or activity in any area of land or submarine area referred to in paragraph 6(1)(a) of the Arctic Waters Pollution Prevention Act, the amount by which $1 billion exceeds the amount prescribed under section 9 of that Act in respect of any activity or undertaking engaged in or carried on by any person described in paragraph 6(1)(a) of that Act; or
-
(b) in respect of any other work or activity for which an authorization is required, the amount of $1 billion.
(4) The Minister may, by order and on the Commission’s recommendation, approve an amount that is less than the amount referred to in paragraph (3)(a) or (b) in respect of a person who is required to obtain an authorization.
(5) The Governor in Council may, by regulation, on the recommendation of the Minister, increase the amounts referred to in subsection (3).
(6) If a person is liable under paragraph (1)(b) with respect to an occurrence and the person is also liable under any other Act of Parliament, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is determined under the applicable subsection of this section and the limit up to which the person is liable under the other Act. If the other Act does not set out a limit of liability, the limits determined under this section do not apply.
(7) The costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this section are not recoverable under subsection 42(1) of the Fisheries Act.
(8) Only Her Majesty in right of Canada or a province may bring an action to recover a loss of non-use value described in subsection (1).
(9) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection.
(10) Subject to subsections (7) and (8), nothing in this section suspends or limits
-
(a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section;
-
(b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or
-
(c) the operation of any applicable law or rule of law that is not inconsistent with this section.
(11) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced.
(12) In this section, actual loss or damage includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.
303 (1) An applicant for an authorization must provide proof that the applicant has the financial resources necessary to pay an amount that is determined by the Commission. The proof must be in the form and manner that are prescribed by regulation or, in the absence of regulations, that are specified by the Regulator.
(2) In determining the amount, the Commission is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris.
(3) The holder of the authorization must ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued.
304 (1) An applicant for an authorization must provide proof of financial responsibility in an amount that is determined by the Commission. The proof must be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator.
(2) The holder of an authorization must ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued.
(3) The Regulator may require that moneys in an amount of not more than the amount prescribed by regulation for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 302, whether or not those proceedings have been instituted.
(4) A required payment must be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed by regulation for any case or class of cases, or that may be required by the Regulator in the absence of regulations.
(5) If a claim is sued for under section 302, there must be deducted from any award made pursuant to the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.
305 (1) Sections 272 and 273, subsections 274(1) and (2), sections 275 and 276, and section 292 in respect of those provisions, apply in respect of an offshore power line as if each reference in any of those provisions to
-
(a) an international or interprovincial power line were a reference to an offshore power line; and
-
(b) a permit referred to in section 248 or a certificate were a reference to an authorization.
(2) However, subsection 273(2) applies only in respect of any part of an offshore power line that is in a province.
306 (1) Part 6, except sections 315 to 318, 335 and 342, applies in respect of any part of an offshore power line that is in a province as if each reference in any of those provisions to
-
(a) a company were a reference to the applicant for or holder of the authorization issued in respect of the power line;
-
(b) a pipeline or line were a reference to that part of the power line; and
-
(c) hydrocarbons or any other commodity were a reference to electricity.
(2) Subsection 224(1) applies in respect of any part of an offshore power line that is in a province as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances:
-
(a) leave has been obtained under subsection 272(2) or (5) in respect of that part;
-
(b) the authorization in respect of the power line contains a condition relating to the utility referred to in subsection 224(1);
-
(c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272(4).
(3) Subsections 316(1) to (3) apply in respect of any part of an offshore power line that is in a province as if each reference in any of those provisions to
-
(a) a company were a reference to the holder of the authorization issued in respect of the power line; and
-
(b) a pipeline or line were a reference to that part of the power line.
(4) Despite subsection (3), subsections 316(1) to (3) do not apply in respect of
-
(a) anything done under leave obtained under subsection 272(2) or (5) in respect of any part of an offshore power line that is in a province; and
-
(b) any such part that passes on, over, along or under a facility if an authorization has been issued in respect of the power line and the authorization contains a condition relating to that facility.
307 Sections 317 and 318 apply in respect of an offshore renewable energy project or an offshore power line as if each reference in that section to
-
(a) a company were a reference to a person; and
-
(b) a pipeline were a reference to an offshore renewable energy project or offshore power line.
308 The holder of an authorization must not, unless the Commission has granted leave by order,
-
(a) sell or otherwise transfer to any person its offshore renewable energy project or offshore power line, in whole or in part;
-
(b) purchase or otherwise acquire an offshore renewable energy project or offshore power line from any person, in whole or in part;
-
(c) lease to any person its offshore power line or any facility, equipment or system related to its offshore renewable energy project, in whole or in part;
-
(d) lease from any person an offshore power line — or any facility, equipment or system related to an offshore renewable energy project — other than the one in respect of which the authorization is issued, in whole or in part; or
-
(e) if the holder is a company, amalgamate with another company.
309 (1) Any person may enter on and use any portion of the offshore area in order to carry on a work or activity
-
(a) authorized under subsection 298(1); or
-
(b) authorized under section 101 in respect of an abandoned offshore power line or an abandoned facility, equipment or system that is in respect of an offshore renewable energy project.
(2) If a person occupies a portion of the offshore area under lawful authority, other than through an authorization, no other person is permitted to enter on and use that portion as set out in subsection (1) without the consent of the occupier or, if consent has been refused, except in accordance with the conditions imposed in an arbitration.
310 The Regulator may, by order, direct the holder of an authorization to study any safety or environmental protection issue that relates to their offshore renewable energy project or offshore power line and to report to the Regulator on the results within the period specified in the order.
311 (1) Every person who contravenes section 297, a condition of an authorization imposed under subsection 298(9), an order made under section 310 or a provision of a regulation made under section 312 commits an offence and is liable
-
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
(2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
312 The Governor in Council may make regulations
-
(a) respecting works and activities related to offshore renewable energy projects and to offshore power lines, for the purposes of safety, security and environmental protection;
-
(b) respecting the conditions referred to in subsection 298(9);
-
(c) prohibiting the introduction into the environment of substances, classes of substances and forms of energy in specified circumstances;
-
(d) respecting the creation, updating, conservation and disclosure of records;
-
(e) respecting arbitrations for the purposes of subsection 309(2), including the costs of or incurred in relation to such arbitrations; and
-
(f) prescribing anything that is to be prescribed under this Part.
PART 6 Lands
313 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,
-
(a) enter into and on any Crown land without previous licence, or into and on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline and set out and ascertain the parts of the land that are necessary and appropriate for the pipeline;
-
(b) acquire, lease and take from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline and sell or otherwise dispose of, or lease, any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline;
-
(c) construct its pipeline across, on or under the land of any person on the located line of the pipeline;
-
(d) join its pipeline with the transmission facilities of any other person at any point on its route;
-
(e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures and construct, acquire and lease machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline;
-
(f) construct, maintain and operate branch lines and for that purpose exercise all the powers, privileges and authority necessary for that purpose in as full and ample a manner as for a pipeline;
-
(g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead;
-
(h) transmit hydrocarbons or any other commodity by pipeline and regulate the time and manner in which hydrocarbons or any other commodity are to be transmitted and the tolls to be charged; and
-
(i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.
314 A company must, in the exercise of the powers granted by this Act or a Special Act, do as little damage as possible, and must make full compensation in the manner provided in this Act and in a Special Act to all persons interested, for all damage sustained by them by reason of the exercise of those powers.
315 A company operating a pipeline from a place in Canada to a place on the international boundary line may exercise, beyond that boundary, to the extent permitted by the laws there in force, the powers that it may exercise in Canada.
316 (1) A company must not take possession of, use or occupy lands vested in Her Majesty without the consent of the Governor in Council.
(2) A company may, with the consent of the Governor in Council and on any terms that the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, the portion of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, and that is necessary for the pipeline, and also the portion of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream that is necessary for making, completing and using its pipeline and works.
(3) If lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays for the lands must be held and applied by the Governor in Council for that purpose or trust.
(4) Subsections (1) to (3) do not apply to any of the following:
-
(a) anything done under leave obtained under subsection 217(2) or (5) in respect of the pipeline;
-
(b) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 217(6), if a certificate has been issued, or an order has been made under section 214, in respect of the pipeline and the certificate or order contains a condition relating to that utility;
-
(c) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 214, in respect of the pipeline; and
-
(d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013, as that section read from time to time before that day.
317 (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection.
(2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act.
(3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council:
-
(a) Category IA or IA-N land, within the meaning of the Cree-Naskapi (of Quebec) Act; or
-
(b) Sechelt lands, within the meaning of the Sechelt Indian Band Self-Government Act.
(4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.
318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council.
(2) A company must not, if the Gwich’in Tribal Council does not consent to it, take possession of, use or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council.
(3) If land referred to in subsection (1) or (2) is to be taken possession of, used or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be,
-
(a) a public hearing in respect of the location and extent of the land to be taken possession of, used or occupied must be held in accordance with the following procedure:
-
(i) notice of the date, time and place for the public hearing must be given to the Yukon first nation or Gwich’in Tribal Council and the public,
-
(ii) on the date and at the time and place fixed for the public hearing, an opportunity must be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,
-
(iii) costs incurred by any party in relation to the hearing are at the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and
-
(iv) a report on the hearing must be prepared and submitted to the Minister; and
-
-
(b) notice of intention to obtain the consent of the Governor in Council must be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report on the hearing to the Minister.
(4) If the lands referred to in subsection (1) or (2) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.
(5) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.
319 The provisions of this Part to determine compensation matters apply in respect of all damage, including the loss of value of the lands, caused by the operation of section 335 or by the pipeline or abandoned pipeline or anything transmitted by the pipeline but do not apply to
-
(a) claims against a company arising out of activities of the company unless those activities are directly related to
-
(i) the acquisition or lease of lands for a pipeline or abandoned pipeline,
-
(ii) the construction of the pipeline, or
-
(iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline;
-
-
(b) claims against a company for loss of life or injury to the person; or
-
(c) awards of compensation or agreements respecting compensation made or entered into prior to March 1, 1983.
320 In sections 321 to 334, owner means any person who is entitled to compensation under section 314.
321 (1) Subject to subsection (2), a company may acquire or lease lands for a pipeline under a land acquisition or lease agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part.
(2) A company must not acquire or lease lands for a pipeline under an agreement referred to in subsection (1) unless the agreement includes provision for
-
(a) compensation for the acquisition or lease of lands to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time;
-
(b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected;
-
(c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;
-
(d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from
-
(i) in Quebec, the gross or intentional fault of the owner of the lands, and
-
(ii) elsewhere in Canada, the gross negligence or wilful misconduct of the owner of the lands;
-
-
(e) restriction of the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use;
-
(f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335;
-
(g) compensation to the owner of the lands for any adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335; and
-
(h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under paragraph 333(d).
322 (1) If a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by
-
(a) a description of the lands of the owner that are required by the company for that section or part;
-
(b) details of the compensation offered by the company for the lands required;
-
(c) a detailed statement made by the company of the value of the lands required in respect of which compensation is offered;
-
(d) a description of the procedure for approval of the detailed route of the pipeline;
-
(e) a description of the procedure available under this Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and
-
(f) any prescribed information.
(2) If an agreement referred to in section 321 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in Quebec, null.
(3) If a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire or lease all or part of the land described in the notice, it is liable to the owner for all damages suffered and reasonable costs incurred by the owner in consequence of the notice and the abandonment of the acquisition or lease of the land.
323 Subsections 321(2) and 322(1) do not apply during any period in which an agreement of purchase and sale with respect to the lands referred to in those subsections is in effect between the company and the owner of those lands.
324 (1) Subject to subsection 317(1), if the Commission considers it appropriate to do so, the Commission may, by order, on application to the Regulator in writing by a company, grant to the company an immediate right to enter any lands on any conditions specified by the Commission in the order.
(2) The Commission is not authorized to make an order under subsection (1) unless the Commission is satisfied that the owner of the lands in question has, not less than 30 days and not more than 60 days before the date of the application, been served with a notice setting out
-
(a) the purpose of the right of entry referred to in subsection (1);
-
(b) the date on which the company intends to make its application to the Regulator under subsection (1);
-
(c) the date on which the company intends to enter the lands and the period during which the company intends to have access to the lands;
-
(d) the address of the Regulator to which any objection in writing that the owner may make concerning the issuance of the order may be sent; and
-
(e) a description of the right of the owner to an advance of compensation under section 325 if the order is issued and the amount of the advance that the company is prepared to make.
325 If a company has been granted an immediate right to enter lands under subsection 324(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 327(1).
326 (1) An order under subsection 324(1) that grants a company an immediate right to enter lands is deemed to have vested in the company any title, interest or right in the lands that is specified in the order.
(2) Within 30 business days after the day on which the order is made, the company must register or deposit the order with the appropriate land registrar and notify the Regulator and the owner of the lands of its deposit.
327 (1) If a company and an owner of lands have not agreed on any matter relating to the compensation payable under this Part, the Commission, on application by a company or any owner, must, by order, determine that matter.
(2) In determining any matter under subsection (1) for the acquisition or lease of lands, the Commission must consider the following factors:
-
(a) the market value of the lands taken by the company;
-
(b) if periodic payments are being made under an agreement or an order of the Commission, changes in the market value referred to in paragraph (a) since the agreement or order of the Commission or since the last review and adjustment of those payments, as the case may be;
-
(c) the loss of use to the owner of the lands taken by the company or whose use is otherwise restricted by the operation of section 335;
-
(d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner, including by restricting their use by the operation of section 335;
-
(e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company;
-
(f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company;
-
(g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;
-
(h) any special difficulties in relocation of an owner or their property;
-
(i) any other factors that the Commission considers appropriate in the circumstances; and
-
(j) other prescribed factors that are prescribed under paragraph 333(e).
(3) For the purpose of paragraph (2)(a), market value is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.
328 If the Commission determines a compensation matter involving land referred to in section 318, sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Commission as if it were the Yukon Surface Rights Board.
329 (1) If the Commission makes an award of compensation in favour of a person whose lands are taken by a company, the Commission must, by order, direct, at the option of that person, that the compensation or any part of it be made by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time.
(2) If the Commission makes an award of compensation in favour of any person other than a person referred to in subsection (1), the Commission may, by order, direct, at the request of that person, that the compensation or any part of it be made by periodic payments of equal or different amounts over a specified period of time and that there be a periodic review of the compensation or part of the compensation.
(3) Every award of compensation made by the Commission in respect of lands acquired or leased by a company must include provision for those matters referred to in paragraphs 321(2)(b) to (h) that would be required to be included in a land acquisition or lease agreement referred to in section 321.
(4) The Commission may, by order, direct a company to pay interest on the amount of any compensation awarded by the Commission at the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which, as the case may be,
-
(a) the company entered the lands in respect of which the compensation is awarded; or
-
(b) the damages suffered as a result of the operations of the company first occurred.
(5) Interest may be awarded under subsection (4) from the date the event referred to in paragraph (4)(a) or (b), as the case may be, occurred or from any later date that the Commission may specify in its award.
330 (1) If the amount of compensation awarded to a person by the Commission exceeds 85% of the amount of compensation offered by the company, the company must pay all legal, appraisal and other costs determined by the Commission to have been reasonably incurred by that person in asserting that person’s claim for compensation.
(2) If the amount of compensation awarded to a person by the Commission does not exceed 85% of the amount of compensation offered by the company, the legal, appraisal and other costs incurred by that person in asserting their claim for compensation are at the discretion of the Commission, and the Commission may, by order, direct the company or any other party to the proceedings to pay the whole or any part of those costs.
331 The Commission must, within seven days after it makes a decision on an application, ensure that a copy of the decision is forwarded by mail to the company and to each other party to the proceeding.
332 If, at any time after a decision of the Commission has been made in respect of lands acquired or leased by a company, the parties affected enter into a land acquisition or lease agreement referred to in subsection 321(1), the agreement supersedes the decision of the Commission.
333 The Regulator may, with the approval of the Governor in Council, make regulations respecting the acquisition, lease or taking of lands and compensation matters, including regulations
-
(a) prescribing compensation matters related to the operation of section 335;
-
(b) respecting the form and manner in which a notice is served for the purpose of section 201 and subsection 322(1);
-
(c) respecting the procedures for the acquisition, lease or taking of lands for the purpose of subsection 321(1);
-
(d) prescribing additional terms to be added to those that must be included in a land acquisition or lease agreement under paragraphs 321(2)(a) to (g);
-
(e) prescribing additional factors to be added to those that the Commission must consider under paragraphs 327(2)(a) to (i);
-
(f) governing the procedures for the Commission to make orders under section 334;
-
(g) respecting the receipt and holding by the Regulator of copies of any agreements referred to in subsection 321(1) that are submitted voluntarily by a company and owner of the lands in question;
-
(h) prescribing any matter or thing that by this Part is to be or may be prescribed; and
-
(i) generally to carry out the purposes and provisions of this Part.
334 (1) On application, the Commission may, by order, give directions, including to determine any compensation payable under this Part, with respect to pipelines and abandoned pipelines in relation to
-
(a) the acquisition, lease or taking of lands;
-
(b) lands whose use is restricted by the operation of section 335, whether or not the lands were acquired, leased or taken; and
-
(c) damages caused by the activities of the company to any person, provincial government, local authority and government or Indigenous governing body during their planning, construction, operation or abandonment.
(2) In determinating any compensation matter under paragraph (1)(a), the Commission must consider the factors referred to in paragraphs 327(2)(a) to (j).
335 (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized or required by the orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them.
(2) It is prohibited for any person to operate a vehicle or mobile equipment across a pipeline unless
-
(a) that operation is authorized or required by orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or
-
(b) the vehicle or equipment is operated within the travelled portion of a highway or public road.
(3) The Commission may, by order, direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Commission’s orders or regulations to do any things that the Commission considers necessary for the safety or security of the pipeline and, if the Commission considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.
(4) The Commission may, by order, give directions
-
(a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;
-
(b) prescribing the area for the purposes of subsection (1);
-
(c) authorizing the construction of facilities across, on, along or under pipelines;
-
(d) authorizing ground disturbances within the prescribed area;
-
(e) governing the measures to be taken in relation to
-
(i) the construction of facilities across, on, along or under pipelines,
-
(ii) the construction of pipelines across, on, along or under facilities, other than railways, and
-
(iii) ground disturbances within the prescribed area;
-
-
(f) authorizing the operation of vehicles or mobile equipment across a pipeline and governing the measures to be taken in relation to that operation;
-
(g) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section;
-
(h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of pipelines; and
-
(i) authorizing a company to give the authorization referred to in paragraph (c), (d) or (f) on any conditions that the company considers appropriate.
(5) The Regulator may make regulations respecting any matter referred to in paragraphs (4)(a) to (f) and (h).
(6) The Regulator may, with the approval of the Governor in Council, make regulations
-
(a) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section; and
-
(b) authorizing a company to give the authorization referred to in paragraph (4)(c), (d) or (f), subject to any conditions that the company considers appropriate.
(7) Orders made under subsection (4) and regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a request is made to a pipeline company to locate its pipeline and ends
-
(a) at the end of the third working day after the day on which the request is made; or
-
(b) at any later time that is agreed to between the pipeline company and the person making the request.
(8) The Commission may, by order made subject to any conditions that the Commission considers appropriate, exempt any person from the application of an order made under subsection (4) or a regulation made under subsection (5) or (6).
(9) Every person who contravenes subsection (1) or (2), an order made under subsection (3) or (4) or a regulation made under subsection (5) or (6) is guilty of an offence and liable
-
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
-
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
(10) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence under subsection (9).
336 A company must not, without a designated officer having, by order, authorized it to do so, locate the line of its proposed pipeline, or construct the pipeline or any portion of the pipeline, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.
337 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals are deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
338 (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so.
(2) Despite subsection (1), an order from a designated officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline.
(3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations.
(4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.
339 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of persons, a company may, if a designated officer, by order, authorizes it to do so and after giving 24 hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
340 A company must, from time to time, pay to the owner, lessee or occupier of any mines any compensation that the Commission fixes and, by order, directs to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in any manner and under any restrictions so as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.
341 (1) Nothing in this Act restricts or prohibits any of the following transactions:
-
(a) the sale under execution of any property of a company;
-
(b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of Quebec with respect to property of the company;
-
(c) the sale, elsewhere than in Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company;
-
(d) the sale, in Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and
-
(e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.
(2) A transaction mentioned in subsection (1) in respect of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.
342 Except as otherwise provided in this Part,
-
(a) this Act must be construed as incorporate with a Special Act; and
-
(b) in the event of an inconsistency between a provision of this Part and of a provision of a Special Act, the provision of the Special Act prevails to the extent of the inconsistency.
PART 7 Exports and Imports
343 A person must not export oil or gas except in accordance with a licence issued under this Part or as authorized under the regulations made under this Part.
344 (1) Subject to the regulations, the Commission may, with the Minister’s approval, issue licences for the exportation of oil or gas and impose conditions on them.
(2) Every licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.
345 The Commission must not issue a licence unless it is satisfied that the quantity of oil or gas to be exported does not exceed the surplus remaining after allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to trends in the discovery of oil or gas in Canada.
346 (1) The Commission must decide whether to issue a licence for the exportation of oil or gas within 180 days after the day on which the Commission considers that the applicant has provided a complete application. The Commission must make that day public.
(2) A failure by the Commission to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.
(3) If the Commission requires that the applicant provide information or undertake a study with respect to the application and the Commission states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.
(4) The Commission must make the day on which the period referred to in subsection (3) begins and the day on which it ends public as soon as each day is known.
(5) The Minister may, by order, extend the time limit by a maximum of 90 days. The Governor in Council may, on the Minister’s recommendation, by order, further extend that time limit by any additional period or periods of time.
347 (1) The Minister must decide whether to grant his or her approval of the issuance of a licence for the exportation of oil or gas within 90 days after the day on which the Commission makes its decision under subsection 346(1).
(2) Despite subsection (1), if the Minister grants his or her approval after the expiry of the time limit for doing so, the Commission’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.
(3) The Commission must issue the licence within seven days after the day on which the Minister grants his or her approval.
348 (1) The Commission may, on application or its own initiative, vary a licence issued under this Division. However, if the Commission considers that the variation is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.
(2) The Minister may approve a variation under subsection (1) if he or she considers that it is in the public interest to do so.
(3) In varying a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
349 (1) The Commission may, on application, transfer a licence issued under this Division. However, if the Commission considers that the transfer is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.
(2) The Minister may approve a transfer of a licence if he or she considers that it is in the public interest to do so.
(3) In transferring a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
350 The Commission may, by order, suspend or revoke a licence issued under this Division if the holder applies for or consents to the suspension or revocation.
351 (1) The Commission may, by order, suspend or revoke a licence issued under this Division if the holder has contravened a condition of the licence.
(2) The Commission may, by order and with the approval of the Minister, suspend or revoke a licence issued under this Division if the Commission considers that it is in the public interest to do so.
(3) The Commission must not make an order under subsection (1) or (2) unless the Commission provides the holder of the licence with notice of the alleged contravention or the reasons why it considers a suspension or revocation to be in the public interest, as the case may be, and gives the holder an opportunity to be heard.
352 Unless exempted by the regulations, for each prescribed reporting period every person who imports oil or gas must provide the prescribed information to the Regulator in the prescribed form and manner.
353 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations
-
(a) respecting the period of validity of licences, the quantities that may be exported under licences and any other conditions to which licences may be subject;
-
(b) authorizing the Commission to make orders authorizing the exportation of oil or gas and prescribing the circumstances in which the Commission may make, and the conditions that may be included in, those orders;
-
(c) prescribing the conditions under which the exportation of oil or gas may be carried out without a licence;
-
(d) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;
-
(e) prescribing the immediate measures to take in respect of oil or gas seized by an officer referred to in section 380;
-
(f) prescribing, in respect of oil or gas the exportation of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service relating to it, the price at which or the range of prices within which that oil or gas must be sold; and
-
(g) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).
(2) The period of validity referred to in paragraph (1)(a) begins on a date to be fixed in the licence and must not exceed
-
(a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and
-
(b) 25 years, in any other case.
(3) Regulations made under paragraph (1)(f) may prescribe different prices or ranges of prices in respect of different countries.
354 (1) Subject to the approval of the Governor in Council, the Regulator may make regulations
-
(a) exempting persons or classes of persons from the application of section 352; and
-
(b) prescribing anything that is to be prescribed under that section.
(2) The Regulator may make regulations
-
(a) respecting the information to be provided by applicants for licences and the procedure to be followed in applying for licences and in issuing licences; and
-
(b) prescribing units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas.
355 A person must not export electricity except in accordance with a permit issued under section 356 or a licence issued under section 361.
356 (1) Except in the case of an application designated by order of the Governor in Council under section 360, the Commission must, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity.
(2) The application must be accompanied by any information prescribed by regulation.
357 (1) The applicant must cause a notice of the application to be published in the Canada Gazette and in any other publication that the Commission considers appropriate.
(2) The Commission may waive the requirement set out in subsection (1) if it considers that there is a critical shortage of electricity outside Canada caused by terrorist activity, as defined in subsection 83.01(1) of the Criminal Code.
358 The Commission may, within a reasonable time after the publication of the notice, require the applicant to provide any additional information that the Commission considers necessary to determine whether to make a recommendation under section 359.
359 (1) The Commission may make a recommendation to the Minister, which it must make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 360 and may delay issuing a permit during any period that is necessary for the purpose of making such an order.
(2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is to be exported and must take into account
-
(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;
-
(b) whether the applicant has
-
(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
-
(ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and
-
-
(c) any factors that are specified in the regulations.
360 (1) The Governor in Council may make orders
-
(a) designating an application for exportation of electricity as an application in respect of which section 361 applies; and
-
(b) revoking any permit issued in respect of the exportation.
(2) No order may be made under subsection (1) more than 45 days after the day on which a permit is issued in respect of the application.
(3) If an order is made under subsection (1),
-
(a) a permit must not be issued in respect of the application; and
-
(b) any application in respect of the exportation must be dealt with as an application for a licence.
361 (1) The Commission may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force.
(2) Before issuing a licence, the Commission must take into account
-
(a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported;
-
(b) whether the applicant has
-
(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
-
(ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and
-
-
(c) any factors that are specified in the regulations.
(3) Any permit issued in respect of an application for a permit for the exportation of electricity in relation to which an order made under section 360 is in force and that is not revoked by the order is revoked on the Commission’s deciding not to issue a licence for that exportation.
362 (1) The Commission may make a permit issued under section 356 subject to any conditions respecting the matters prescribed by the regulations that it considers necessary or in the public interest.
(2) The Commission may make a licence issued under section 361 subject to any conditions that it considers appropriate.
363 Every permit and licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.
364 The period of validity of a permit or licence must not exceed 30 years.
365 (1) The Commission may, on application or its own initiative, vary a permit or licence issued in respect of the exportation of electricity and may, on application, transfer such a permit or licence.
(2) In varying or transferring a permit or licence, the Commission may impose — in addition to or in lieu of any conditions to which the permit or licence was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
366 (1) The Commission may, by order, suspend or revoke a permit or licence issued in respect of the exportation of electricity if the holder applies for or consents to the revocation or suspension or the holder has contravened a condition of the permit or licence.
(2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder of the permit or licence with notice of the alleged contravention and gives the holder an opportunity to be heard.
367 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations
-
(a) prescribing matters in respect of which conditions may be imposed on permits;
-
(b) specifying factors that the Commission must take into account in deciding whether to recommend to the Minister that an application for a permit for the exportation of electricity be designated by order of the Governor in Council under section 360;
-
(c) specifying factors that the Commission must take into account in deciding whether to issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force; and
-
(d) the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation of electricity.
(2) The Regulator may make regulations prescribing
-
(a) the information to be provided with applications for permits for the exportation of electricity; and
-
(b) units of measurement and measuring instruments or devices to be used in connection with the exportation of electricity.
368 The following definitions apply in this Division.
designated area means any of the following, as referred to in an order made under subsection 369(1),
-
(a) a province;
-
(b) Sable Island; or
-
(c) any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. (région désignée)
designated oil or gas means oil or gas, or both, or any quality or kind of oil or gas, or both, that is the subject of an order made under subsection 369(1). (pétrole ou gaz désigné)
movement, in respect of oil or gas, excludes an exportation. (acheminement)
369 (1) The Governor in Council may, by order, give the supervision and control of the movement of designated oil or gas out of a designated area to the Regulator.
(2) While an order made under subsection (1) remains in force, a person must not move designated oil or gas out of the designated area except in accordance with a licence issued under this Division or as authorized under the regulations made under this Division.
370 (1) Subject to the regulations, the Commission may, on any conditions that it may impose, issue a licence to any person permitting the movement of designated oil or gas out of the designated area.
(2) Every licence is subject to the conditions that
-
(a) the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with; and
-
(b) the provisions of the Energy Administration Act and its regulations that are applicable to the designated oil or gas in respect of which the licence is issued will be complied with.
371 (1) Before issuing a licence, the Commission must take into account all factors that it considers relevant, including the equitable distribution of designated oil or gas in Canada.
(2) Sections 348 to 351 apply in respect of a licence issued under this Division.
372 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations
-
(a) respecting the period of validity of licences, the approval required for the issuance of licences, the quantities that may be moved out of the designated area under the authority of a licence and any other conditions to which licences may be subject; and
-
(b) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the movement of designated oil or gas out of the designated area.
(2) The Regulator may make regulations prescribing
-
(a) the information to be provided by applicants for licences and the procedure to be followed in applying for and issuing licences; and
-
(b) units of measurement and measuring instruments or devices to be used in connection with the movement of designated oil or gas out of the designated area.
373 The following definitions apply in this Division.
CCFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act. (ALÉCC)
CCRFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act. (ALÉCCR)
energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. (produits énergétiques)
NAFTA has the same meaning as Agreement as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (ALÉNA)
374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to NAFTA, CCFTA and CCRFTA.
(2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to NAFTA, CCFTA or CCRFTA by the Regulator for the purposes of this Act.
(3) A direction issued under subsection (2) is binding on the Regulator from the time it comes into force and, unless it provides otherwise, applies in respect of matters pending before the Regulator at that time.
(4) The Regulator may, in order to request the issuance of a direction under subsection (2), suspend the determination of any matter of which it is seized.
375 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA, Article C-13 of CCFTA or Article III.11 of CCRFTA, as the case may be.
376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made.
377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply.
(2) Subsection (1) does not apply in respect of the exportation to the United States, Chile or Costa Rica of any energy goods that are, or of any quality, kind or class of energy goods that is, referred to in an order made under section 375 while the order is in force.
(3) Despite subsection (1), the Commission may suspend, revoke or vary a licence, permit or order if the holder of the licence, the holder of the permit or the person named in the order, as the case may be, applies for or consents to the suspension or revocation.
378 Despite not being satisfied of the criteria set out in section 345, the Commission may issue a licence for the exportation to the United States, Chile or Costa Rica of any energy goods that were, or of any quality, kind or class of energy goods that was, referred to in a request made under section 376 if
-
(a) the Minister declines to recommend to the Governor in Council that an order be made under section 375;
-
(b) the Governor in Council declines to make the order; or
-
(c) no order is made within 120 days after the day on which the request is made.
379 (1) Every person who contravenes any of the provisions of this Part or the regulations made under this Part is guilty of an offence and liable
-
(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or
-
(b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.
(2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
(3) If a corporation commits an offence under subsection (1), any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
(4) In any prosecution for an offence under subsection (1), it is sufficient proof of the offence to show that it was committed by an employee, or an agent or mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.
(5) If an offence under subsection (1) is committed on more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued.
(6) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than one year after the day on which the subject matter of the proceedings arose.
380 An officer as defined in subsection 2(1) of the Customs Act has, in respect of the exportation or importation of oil or gas, all the powers of an officer under the Customs Act and, except to the extent that they are inconsistent with any regulations made under paragraph 353(1)(e), the provisions of that Act and any regulations made under that Act respecting search, detention, seizure, forfeiture, condemnation and disposition apply, with any modifications that the circumstances require, to oil or gas tendered for exportation or importation or exported or imported or otherwise dealt with contrary to this Part.
PART 8 Oil and Gas Interests, Production and Conservation
381 For the purposes of this Part, oil and gas have the same meaning as in subsection 2(1) of the Canada Oil and Gas Operations Act.
382 (1) This section applies to any decision of the Commission to make, amend or revoke a declaration of significant discovery under section 28 of the Canada Petroleum Resources Act or a declaration of commercial discovery under section 35 of that Act.
(2) At least 30 days before making a decision to which this section applies, the Commission must give written notice of its intention to make the decision to any person the Commission considers to be directly affected by the decision.
(3) A person to whom notice is given may, in writing, request a hearing in respect of the decision, but the request must be received by the Commission within 30 days after the day on which notice is given.
(4) If no request is received in accordance with subsection (3), the Commission may make the decision.
(5) If a request is received in accordance with subsection (3), the Commission must fix a time and place for the hearing and notify each person who requested the hearing.
(6) Each person who requests a hearing may make representations and introduce witnesses and documents at the hearing.
(7) The Commission must make its decision and give notice of that decision to each person who requested the hearing and, on that person’s request, the Commission must make the reasons for its decision public.
383 The Commission or a person to whom powers are delegated under section 4.1 of the Canada Oil and Gas Operations Act may vary the conditions of any operating licence or authorization issued under section 5 of that Act.
384 (1) This section applies to appeals brought under section 21 or subsection 25(8) of the Canada Oil and Gas Operations Act by a person aggrieved by an order of the Chief Conservation Officer or by any action or measure taken or authorized or directed to be taken by that Officer, other than the referral of an order to the Commission under subsection 58(5) of that Act.
(2) After hearing an appeal to which this section applies, the Commission may
-
(a) set aside, confirm or vary the order, action or measure that is the subject of the appeal;
-
(b) order any works to be undertaken that the Commission considers necessary to prevent waste, the escape of oil or gas or any other contravention of the Canada Oil and Gas Operations Act or the regulations made under that Act; or
-
(c) make any other order that the Commission considers appropriate.
385 (1) This section applies to applications by the Chief Conservation Officer to the Commission under section 22 of the Canada Oil and Gas Operations Act for a show cause hearing relating to waste, as defined in paragraph 18(2)(f) or (g) of that Act, in the recovery of oil or gas from a pool.
(2) On receiving an application, the Commission must make an order requiring the operators within the pool to show cause at a hearing, to be held on a day specified in the order, why the Commission should not make a direction in respect of the waste.
(3) On the day specified in the order, the Commission must hold a hearing at which the Chief Conservation Officer, the operators and other interested persons must be given an opportunity to be heard.
(4) If, after the hearing, the Commission considers that waste is occurring in the recovery of oil or gas from a pool, it may, by order,
-
(a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from the pool; or
-
(b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for or incidental to that purpose, direct the introduction or injection of gas, water or any other substance into the pool or any part of the pool.
(5) In addition to making an order under subsection (4), the Commission may, by order, direct that the pool or any part of the pool specified in the order be shut in if the requirements of the order are not met or unless a scheme is approved by the Commission and in operation by a date fixed in the order.
(6) Despite subsections (4) and (5), the Commission may, by order, permit the continued operation of a pool or any part of a pool after the date fixed by an order made under this section if the Commission considers that a scheme or other action described in paragraph (4)(a) or (b) is in the course of preparation, but the continued operation is subject to any conditions the Regulator imposes.
386 (1) This section applies to an order referred by the Chief Safety Officer or the Chief Conservation Officer to the Commission under subsection 58(5) of the Canada Oil and Gas Operations Act.
(2) The Commission must review the need for the order and may confirm it or set it aside.
(3) The burden of establishing that the order is not needed is on the person who requested that the order be referred to the Commission.
387 (1) Every person who fails to comply with an order of the Commission under section 384 or 385 is guilty of an offence and liable
-
(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or
-
(b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.
(2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
(3) Sections 65 to 71 of the Canada Oil and Gas Operations Act apply, with any modifications that the circumstances require, in respect of an offence under subsection (1).
388 For greater certainty, an order of the Commission made under this Part is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
PART 9 General
389 (1) The Regulator may, with the approval of the Governor in Council, make regulations
-
(a) respecting the manner in which the accounts of a company must be kept;
-
(b) respecting the classes of property for which depreciation charges may properly be included under operating expenses in the accounts and the accounting methods that may be used in computing and charging depreciation in respect of each of the classes of property;
-
(c) respecting a uniform system of accounts applicable to any class of company; and
-
(d) requiring that any of the following persons and companies keep and make available for inspection, in the form that may be prescribed by the regulations, at a place of business in Canada any records, books of account and other documents and submit to the Regulator, at any time and in any form that may be prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters that are prescribed and that the Regulator determines are matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons
-
(i) companies that have been authorized to construct or operate a pipeline,
-
(ii) companies that have been authorized to abandon the operation of a pipeline under subsection 241(1),
-
(iii) persons exporting oil, gas or electricity, and
-
(iv) persons holding a licence under Part 7.
-
(2) The Regulator may, by order, on any conditions it considers appropriate, exempt a company or person from the application of a regulation made under subsection (1).
(3) Every person who contravenes a regulation made under this section is guilty of an offence punishable on summary conviction.
(4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.
390 (1) The Governor in Council may make regulations for the purposes of this Act, including regulations
-
(a) designating as an oil product or as a gas product any substance resulting from the processing or refining of hydrocarbons or coal if that substance
-
(i) is asphalt or a lubricant, or
-
(ii) is a source of energy by itself or when it is combined or used in association with something else; and
-
-
(b) exempting any oil or gas or any kind, quality or class of oil or gas or any area or transaction from all or any of the provisions of this Act.
(2) Regulations may only be made under paragraph (1)(b) after consultation with the Regulator.
391 (1) The Regulator may, with the approval of the Governor in Council, make regulations respecting the security of pipelines, international power lines and offshore renewable energy projects, including regulations respecting standards, plans and audits.
(2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence and liable
-
(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; or
-
(b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years or to both.
(3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.
392 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Transitional Provisions
Definitions
11 (1) The following definitions apply in this section and sections 12 to 43.
commencement day means the day on which the Canadian Energy Regulator Act comes into force. (date d’entrée en vigueur)
National Energy Board means the National Energy Board established by section 3 of the National Energy Board Act as it read immediately before the commencement day. (Office)
Regulator means the Canadian Energy Regulator established by section 10 of the Canadian Energy Regulator Act. (Régie)
Terminology — Federal Public Sector Labour Relations Act
(2) Unless the context requires otherwise, words and expressions used in sections 16 to 32 have the same meaning as in section 2 of the Federal Public Sector Labour Relations Act.
Appointments terminated
12 (1) Each permanent member of the National Energy Board appointed under subsection 3(2) of the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.
Compensation
(2) A permanent member of the National Energy Board referred to in subsection (1) who is not appointed as a commissioner under subsection 28(1) of the Canadian Energy Regulator Act is entitled to the lesser of
-
(a) an amount that is equal to 12 months’ remuneration as a permanent member of the National Energy Board, and
-
(b) an amount that is equal to the remuneration to which they would be entitled if they were to complete the remainder of the term for which they were appointed as a permanent member of the National Energy Board.
Appointments terminated
13 (1) Each temporary member of the National Energy Board appointed under subsection 4(1) of the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a temporary member of the National Energy Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Act.
Continuation — members of National Energy Board
14 (1) A person referred to in subsection 12(1) or 13(1) may, at the request of the Lead Commissioner designated under 37 of the Canadian Energy Regulator Act, continue to hear and decide any matter that was before the person before the commencement day and the person is considered to be a commissioner for the purposes of that Act.
Refusal to complete duties
(2) If a person referred to in subsection 12(1) or 13(1) refuses to continue to hear or decide a matter referred to in subsection (1), the Commission referred to in section 26 of the Canadian Energy Regulator Act is seized of the matter.
Remuneration and expenses
(3) A person referred to in subsection 12(1) or 13(1) who continues to hear and decide a matter referred to in subsection (1)
-
(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and
-
(b) is entitled to be paid reasonable travel and other expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.
Limitation
(4) The Lead Commissioner may withdraw from a person referred to in subsection 12(1) or 13(1) a matter referred to in subsection (1) that is not disposed of within one year after the commencement day and assign it to a panel of the Commission in accordance with section 38 of the Canadian Energy Regulator Act on any terms and conditions that the Lead Commissioner may specify for the protection and preservation of the rights and interests of the parties.
Subsection 28(2) of Canadian Energy Regulator Act
(5) A period of time during which a person referred to in subsection 12(1) or 13(1) is considered to be a commissioner for the purposes of this section does not count as part of the 10-year limit set out in subsection 28(2) of the Canadian Energy Regulator Act.
Persons employed by National Energy Board
15 Nothing in this Act affects the status of any person who was employed by the National Energy Board immediately before the commencement day, except that, as of that day, the person is employed by the Regulator.
Collective agreements or arbitral awards continued
16 (1) Subject to sections 17 to 28, every collective agreement or arbitral award that applies to an employee who occupies a position in the National Energy Board before the commencement day and that is in force immediately before that day continues in force until its term expires.
Binding effect
(2) A collective agreement or arbitral award continued in force under subsection (1) is binding on
-
(a) the Regulator, as if it were the employer referred to in the collective agreement or arbitral award;
-
(b) the bargaining agent that is a party to the collective agreement or arbitral award; and
-
(c) the employees of the Regulator in the bargaining unit in respect of which that bargaining agent has been certified.
Parties may amend
(3) Nothing in subsections (1) and (2) prohibits the Regulator and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.
Application for certification
17 Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 16(1), but it may do so only during the period in which an application for certification is authorized to be made under section 54 of the Federal Public Sector Labour Relations Act in respect of those employees.
Power of Board
18 (1) If a collective agreement or arbitral award is continued in force under subsection 16(1), the Board must, by order, on application by the Regulator or any bargaining agent affected by the establishment of the Regulator,
-
(a) determine whether the employees of the Regulator who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;
-
(b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and
-
(c) in respect of each collective agreement or arbitral award that binds employees of the Regulator, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.
When application must be made
(2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after the commencement day.
Application for leave to give notice to bargain collectively
19 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 18(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.
When application may be made
(2) The application must be made within 90 days after the day on which the order is made under paragraph 18(1)(c).
No application within specified period
20 (1) If no application for an order under subsection 18(1) is made within the period specified in subsection 18(2), the Regulator or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 16(1) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.
When application may be made
(2) The application may be made only during the period beginning on the 151st day after the commencement day and ending on the 240th day after the commencement day.
Notice to bargain given before commencement day
21 A notice to bargain collectively that was given before the commencement day does not bind the Regulator and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 23(b).
Duty to observe conditions
22 If a notice to bargain collectively is given before the commencement day, then, unless the Regulator and the bargaining agent agree otherwise, the conditions of employment continued in force under section 107 of the Federal Public Sector Labour Relations Act are binding on the Regulator, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until
-
(a) if no application is made under paragraph 23(a), the expiry of 150 days after the commencement day; or
-
(b) if such an application is made, the day the notice referred to in paragraph 23(b) is given.
Application and notice to bargain collectively
23 If a notice to bargain collectively is given before the commencement day,
-
(a) on application by the Regulator or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining
-
(i) whether the employees of the Regulator who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and
-
(ii) which employee organization is to be the bargaining agent for the employees in each such unit; and
-
-
(b) if the Board makes the determinations under paragraph (a), the Regulator or the bargaining agent may, by notice given under section 105 of the Federal Public Sector Labour Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
Inquiry and votes
24 Before making an order under subsection 18(1) or paragraph 23(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.
Consideration of classification
25 (1) For the purposes of paragraphs 18(1)(a) and 23(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the Regulator’s classification of persons and positions, including the occupational groups or subgroups established by it.
Unit co-extensive with occupational groups
(2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the Regulator, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.
Determination of questions of membership in bargaining units
26 On application by the Regulator or the employee organization affected by the establishment of the Regulator, the Regulator must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 18(1)(a) or 23(a) to constitute a unit appropriate for collective bargaining or is included in any other unit.
Employer participation
27 (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it considers that the Regulator, or a person acting on behalf of the Regulator, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.
Discrimination
(2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.
Application of Federal Public Sector Labour Relations Act
28 (1) The provisions of Part 1 of the Federal Public Sector Labour Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:
-
(a) an application made to the Board under any of sections 17 to 20, 23 and 26;
-
(b) an order made by the Board under any of sections 18 to 20 and 23;
-
(c) a determination of the Board made under any of sections 18, 23 and 26 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;
-
(d) a collective agreement or arbitral award that is continued in force under subsection 16(1); and
-
(e) collective bargaining that is commenced after the receipt of a notice referred to in section 19 or 20 or paragraph 23(b) and a collective agreement that is entered into following such collective bargaining.
Powers, duties and functions of Board
(2) The Board has, for the purposes of performing its duties and functions under any of sections 17 to 27, the powers conferred on it under Part 1 of the Federal Public Sector Labour Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.
Inconsistency
(3) In the event of any inconsistency between sections 17 to 27 and the provisions of Part 1 of the Federal Public Sector Labour Relations Act, or anything issued, made or established under that Act, those sections 17 to 27 prevail to the extent of the inconsistency.
Persons not represented
29 The conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the commencement day, occupy their position within the Regulator continue to apply until new conditions of employment for those persons are established.
Complaints
30 The provisions of Division 13 of Part 1 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the National Energy Board.
Grievances
31 (1) The provisions of Part 2 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any grievance presented under that Part before that day by an employee of the National Energy Board.
Implementation of decision
(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the Regulator as soon as feasible.
Matter referred to Board
32 The provisions Part 2 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any matter referred to the Board under that Part before that day that relates to the National Energy Board.
Decisions and orders
33 Every decision or order made by the National Energy Board is considered to have been made under the Canadian Energy Regulator Act and may be enforced as such.
Certificates, licences and permits
34 (1) Every certificate, licence or permit issued by the National Energy Board is considered to have been issued under the Canadian Energy Regulator Act and, unless suspended or revoked under that Act, every certificate, licence or permit remains in force for the remainder of the period during which it would have been in force had the Canadian Energy Regulator Act not come into force.
Suspensions
(2) Every certificate, licence or permit referred to in subsection (1) that was suspended immediately before the commencement day is considered to be suspended under the Canadian Energy Regulator Act.
Leave
35 Any leave granted by the National Energy Board is considered to have been granted under the Canadian Energy Regulator Act.
Pending applications
36 Applications pending before the National Energy Board immediately before the commencement day are to be taken up before the Commission of the Regulator and continued in accordance with the National Energy Board Act as it read immediately before the commencement day.
Excluded periods if no regulations — Part 3
37 (1) Before the coming into force of the first regulation made for the purposes of subsection 183(5) or 214(5) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the powers set out in those subsections.
Excluded periods if no regulations — Part 4
(2) Before the coming into force of the first regulation made for the purposes of subsection 262(6) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection.
Excluded periods if no regulations — Part 5
(3) Before the coming into force of the first regulation made for the purposes of subsection 298(6) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection.
Certified copies
38 For the purposes of sections 198, 208 and 265 of the Canadian Energy Regulator Act, a copy of a document that is certified by the Secretary of the National Energy Board is considered to have been certified by the Regulator under that Act.
Lands — consent not required
39 A person or company is not required to obtain the consent referred to in subsection 317(1) of the Canadian Energy Regulator Act in relation to lands if, before the commencement day,
-
(a) the person or company had taken possession of, used or occupied those lands; or
-
(b) the person or company had obtained the authorization under the National Energy Board Act, as it read immediately before the commencement day, to construct or operate a pipeline or power line on those lands.
Section 112 of National Energy Board Act
40 Section 112 of the National Energy Board Act, as it read immediately before the commencement day, continues to apply in relation to compensation matters in respect of a pipeline for which
-
(a) an application for a certificate under subsection 52(1) of that Act was received by the National Energy Board before that day; or
-
(b) an application for an order under subsection 58(1) of that Act was received by the National Energy Board before that day.
Pending requests
41 Any request for which a notice was served on the Minister under subsections 88(1) and 90(1) of the National Energy Board Act, as those sections read immediately before the commencement day, is continued in accordance with those subsections.
Importation of oil or gas
42 (1) Division I of Part VI of the National Energy Board Act, as it read immediately before the commencement day, continues to apply to the importation of oil or gas until the earlier of the third anniversary of the commencement day and the day on which regulations are made for the purposes of section 352 of the Canadian Energy Regulator Act.
Interpretation
(2) For the purposes of subsection (1), every reference to the National Energy Board in Division I of Part VI of the National Energy Board Act is to be read as a reference to the Regulator or the Commission of the Regulator, as the case may be.
References
42.1 Every reference to the National Energy Board in any deed, contract, agreement or other document executed, or in Quebec, signed, by the National Energy Board in its own name is, unless the context otherwise requires, to be read as a reference to the Regulator.
Appropriations
42.2 Any amount that is appropriated by an Act of Parliament for the fiscal year in which the commencement day falls to defray the expenditures of the National Energy Board and that is unexpended on that day is considered to be an amount appropriated to defray the expenditures of the Regulator.
Regulations
43 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 the Canadian Energy Regulator Act.
Repeal
Repeal
44 The National Energy Board Act, chapter N-7 of the Revised Statutes of Canada, is repealed.
PART 3 Navigation Protection Act
R.S., c. N-22; 2012, c. 31, s. 316
Amendments to the Act
45 The long title of the Navigation Protection Act is replaced by the following:
An Act respecting the protection of navigation in Canadian navigable waters
2012, c. 31, s. 316
46 Section 1 of the Act is replaced by the following:
Short title
1 This Act may be cited as the Canadian Navigable Waters Act.
2012, c. 31, s. 317(5)
47 (1) The definitions designated work and minor water in section 2 of the Act are repealed.
2012, c. 31, s. 317(5)
(2) The definition ouvrage secondaire in section 2 of the French version of the Act is repealed.
2012, c. 31, ss. 317(4) and (5)
(3) The definitions navigable water, obstruction, owner, vessel and work in section 2 of the Act are replaced by the following:
navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and
-
(a) there is public access, by land or by water;
-
(b) there is no such public access but there are two or more riparian owners; or
-
(c) Her Majesty in right of Canada or a province is the only riparian owner. (eaux navigables)
obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle)
owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. (propriétaire)
vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment)
work includes
-
(a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and
-
(b) any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. (ouvrage)
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
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)
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
major work means any work designated under paragraph 28(2)(b). (ouvrage majeur)
(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
ouvrage mineur Ouvrage désigné en vertu de l’alinéa 28(2)a). (minor work)
48 The Act is amended by adding the following after section 2.1:
Indigenous Peoples of Canada
Rights of Indigenous peoples of Canada
2.2 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Duty of Decision Maker
2.3 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
2012, c. 31, s. 318
49 Sections 3 to 10 of the Act are replaced by the following:
Prohibition
Works
3 Except in accordance with this Act, it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water.
Minor Works in any Navigable Water
Minor works
4 (1) An owner of a minor work may construct, place, alter, rebuild, remove or decommission the minor work in, on, over, under, through or across any navigable water in accordance with the requirements under this Act.
Repair, maintenance, operation and use
(2) The owner must repair, maintain, operate and use the minor work in accordance with the requirements under this Act.
Major Works in any Navigable Water and Works in Navigable Waters Listed in Schedule
Application for approval
5 (1) An owner must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if he or she proposes to construct, place, alter, rebuild, remove or decommission
-
(a) a major work in, on, over, under, through or across any navigable water; or
-
(b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.
Related works
(2) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.
Additional information
(3) For the purpose of determining whether the work or its construction, placement, alteration, rebuilding, removal or decommissioning may interfere with navigation, the Minister may require from the owner any additional information that the Minister considers appropriate.
No interference with navigation
6 If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning.
Interference with navigation
7 (1) If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and the owner may only construct, place, alter, rebuild, remove or decommission that work if the Minister issues an approval for the work.
Information
(2) The owner must deposit any information specified by the Minister in any place specified by the Minister.
Notice
(3) The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.
Comment period
(4) The notice referred to in subsection (3) must invite interested persons to provide written comments on the owner’s proposal to the Minister within 30 days after publication of the notice or within any other period specified by the Minister.
Exemption
(5) If the Minister is satisfied that the owner has already deposited sufficient information in a place specified by the Minister or published a sufficient notice, the Minister may exempt the owner from the application of subsection (2) or (3), as the case may be.
Approval
(6) The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances.
Assessment — factors
(7) In determining whether to issue the approval, the Minister must consider the following:
-
(a) the characteristics of the navigable water in question;
-
(b) the safety of navigation in that navigable water;
-
(c) the current or anticipated navigation in that navigable water;
-
(d) the impact of the work on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use;
-
(e) the impact of the work, in combination with other works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact;
-
(f) any Indigenous knowledge that has been provided to the Minister;
-
(g) any comments that he or she receives from interested persons within the period provided for under subsection (4);
-
(h) the record of compliance of the owner under this Act; and
-
(i) any other information or factor that he or she considers relevant.
Additional information
(8) For the purpose of determining whether to issue the approval, the Minister may require from the owner any additional information that the Minister considers appropriate.
Terms and conditions
(9) The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to
-
(a) maintain the water level or water flow necessary for navigation purposes in a navigable water; or
-
(b) give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or in any other form that is satisfactory to the Minister.
Effect of approval
(10) An approval issued under this section in relation to a work replaces any approval previously issued in relation to that work.
Contiguous area
(11) The Minister may, in an approval, designate an area contiguous to a work that is necessary for the safety of persons and navigation and, for the purposes of the approval, that area is considered to be part of the work.
Compliance with requirements
(12) The owner must comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.
Approval after activity begins
(13) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction, placement, alteration, rebuilding, removal or decommissioning of a work after the construction, placement, alteration, rebuilding, removal or decommissioning begins or is completed.
Transfer
8 If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister.
Amendment of approval
9 (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.
Amendment resulting from order
(2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.
Other amendments
(3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that
-
(a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued;
-
(b) the work causes or is likely to cause a serious and imminent danger to navigation;
-
(c) the amendment of the approval is in the public interest; or
-
(d) the owner consents to the amendment.
Suspension or cancellation
(4) The Minister may suspend or cancel an approval if he or she considers that
-
(a) the owner has not complied with the approval;
-
(b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact;
-
(c) the owner has not paid a fine or penalty imposed under this Act;
-
(d) the owner has contravened this Act; or
-
(e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act.
Notice
(5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it.
Works in Navigable Waters not Listed in Schedule
Application or notice
10 (1) If an owner proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule, he or she must either
-
(a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or
-
(b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.
Deeming
(2) An application made under paragraph (1)(a) is deemed to be an application made under subsection 5(1) and, if an approval is issued under subsection 7(6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule.
Comment period
(3) The notice referred to in paragraph (1)(b) must invite interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation.
Attempt to resolve
10.1 (1) If a comment that is provided to an owner under subsection 10(3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation.
Change to proposal
(2) If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10(1)(b).
Request to Minister
(3) If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work.
Decision by Minister
(4) On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work.
Additional information
(5) For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate.
Notice
(6) The Minister must inform the owner and the person who made the request of his or her decision.
Work may commence
10.2 (1) An owner who publishes a notice referred to in paragraph 10(1)(b) may only construct, place, alter, rebuild, remove or decommission the work
-
(a) if no comments are provided to the owner, or if comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends;
-
(b) if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of
-
(i) the day on which the comment period ends, and
-
(ii) the day on which all the concerns are resolved; or
-
-
(c) if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and
-
(i) no request is made under subsection 10.1(3), after the day on which the period referred to in that subsection ends, or
-
(ii) a request is made under subsection 10.1(3) and
-
(A) the Minister decides that the owner is not required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or
-
(B) the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval.
-
-
Prohibition
(2) Despite subsection (1), an owner is prohibited from constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
Change
(3) For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10(1)(a) or deposit new information and publish a new notice in accordance with paragraph 10(1)(b).
Owner’s Duty
Notification
10.3 (1) An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation.
Duty
(2) The owner must, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.
Minister’s Powers
Emergency
10.4 (1) Even if the application referred to in subsection 5(1) or paragraph 10(1)(a) has not yet been made, or the notice referred to in paragraph 10(1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to
-
(a) a matter of national security;
-
(b) a national emergency in respect of which special temporary measures are being taken under the Emergencies Act; or
-
(c) an emergency that poses a risk to public health or safety or to the environment or property.
Approval
(2) The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances.
2012, c. 31, s. 318
50 (1) Subsection 11(1) of the Act is replaced by the following:
Application
11 (1) This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, maintained, operated or used contrary to the requirements under this Act.
2012, c.31, s. 318
(2) Paragraph 11(2)(a) of the Act is replaced by the following:
-
(a) order the owner of a work to repair, alter or remove the work;
2012, c. 31, s. 318
(3) Subsection 11(3) of the Act is replaced by the following:
Debt
(3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada.
Surplus
(4) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.
2012, c. 31, s. 318
51 Section 12 of the Act is repealed.
2012, c.31, s. 318
52 (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:
Repair, alteration or removal
13 (1) The Minister may order the owner of a work in, on, over, under, through or across any navigable water to repair, alter or remove it if he or she considers that
2012, c. 31, s. 318
(2) Subsection 13(3) of the Act is replaced by the following:
Failure to comply
(3) If the owner fails to comply with an order made under subsection (1) or (2), the Minister may do any thing with respect to the work that he or she considers appropriate.
Debt
(4) The amount of the costs incurred by the Minister while acting under subsection (3) constitutes a debt due to Her Majesty in right of Canada.
Surplus
(5) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.
2012, c. 31, s. 318
53 Section 14 of the Act is replaced by the following:
Designation of Areas
Designation
13.1 The Governor in Council may, by order, designate areas where no work may be constructed or placed.
General
Statutory Instruments Act
14 For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.
2009, c. 2, s. 335; 2012, c.31, ss. 318 and 319(1) and (2)(F)
54 Sections 15 to 19 of the Act are replaced by the following:
Obstruction
15 (1) The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister.
Measures
(2) Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must
-
(a) place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction; and
-
(b) immediately begin its removal and carry on the removal diligently to completion.
Minister’s powers
(3) The Minister may order the person in charge of an obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction.
Failure to comply
(4) If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate.
Potential obstruction
15.1 (1) The Minister may order the person in charge of a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction.
Failure to comply
(2) If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate.
Minister’s powers
15.2 If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate.
Property belonging to Her Majesty
16 (1) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada.
Failure to comply
(2) If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate.
Sale
17 (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16(1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be.
Surplus
(2) The Minister must pay all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction or potential obstruction sold or to any other person that is entitled to the proceeds.
Debt
18 (1) The amount of the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2) constitutes a debt due to Her Majesty in right of Canada.
Recovery by Her Majesty
(2) Such debts are recoverable from
-
(a) the person in charge of the obstruction at the time the obstruction was occasioned;
-
(b) any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued;
-
(b.1) the person in charge of the potential obstruction at the time potential obstruction was identified;
-
(b.2) any person through whose act or fault or through the act or fault of whose servant the potential obstruction was occasioned or continued; or
-
(c) the person to whom the order referred to in subsection 16(1) is given.
Statutory Instruments Act
19 For greater certainty, an order given under subsection 15(3), 15.1(1) or 16(1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
2012, c. 31, s. 320
55 Section 20 of the Act is replaced by the following:
Abandoned vessel
20 (1) If any vessel or thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in a navigable water, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public.
Notification
(2) The Minister must not authorize a person to take possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so
-
(a) to its owner; or
-
(b) to the public, if its owner is unknown or cannot be located.
Consent not required
(3) A person that is authorized to take possession of a vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001.
Statutory Instruments Act
(4) For greater certainty, conditions imposed under subsection (1) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.
56 Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:
Non-application
(2) The prohibition in subsection (1) does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).
2012, c. 31, s. 321
57 Sections 23 and 24 of the Act are replaced by the following:
Dewatering and other actions
23 (1) No person shall take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
Historic canals
(2) Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations.
Navigation not extinguished
(3) For the purposes of this Act, navigation is not extinguished if the Minister is of the opinion that there are sufficient measures in place to mitigate the impact of the lower water level on navigation and he or she approves the work whose construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use lowers the water level of a navigable water or part of a navigable water.
Exemption by order
24 (1) The Governor in Council may, by order, exempt from the application of any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if the Minister receives an application for an exemption and the Governor in Council is satisfied that it would be in the public interest.
Application
(2) An application for an exemption under subsection (1) must be made in the form and manner, and contain the information, specified by the Minister.
2012, c. 31, s. 321
58 Section 26 of the Act is replaced by the following:
Minister’s powers
25.1 (1) The Minister may
-
(a) order any person who is contravening section 21 or 22 to stop throwing or depositing or causing, suffering or permitting to be thrown or deposited any material or rubbish;
-
(b) order any person who contravened section 21 or 22 to remove the material or rubbish in question or to do any other thing with respect to it, including taking all measures necessary for the safety of navigation;
-
(c) if a person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the material or rubbish in question, including its removal and disposition;
-
(d) order any person who is contravening subsection 23(1) to stop taking the action that is lowering the level of the navigable water;
-
(e) order any person who has contravened subsection 23(1) to take any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable; and
-
(f) if a person fails to comply with an order given under paragraph (d) or (e), cause any thing to be done with respect to the navigable water, including the taking of any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable.
Debt
(2) The amount of the costs incurred by the Minister while acting under paragraph (1)(c) or (f) constitutes a debt due to Her Majesty in right of Canada.
Statutory Instruments Act
(3) For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
Designated places to deposit materials
26 (1) The Governor in Council may, by regulation, designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres.
Ministerial approval
(2) The Minister may, on application, authorize the deposit of materials in a place designated under subsection (1).
Application
(3) An application under subsection (2) must be made in the form and manner, and contain the information, specified by the Minister.
Non-application
(4) For greater certainty, this section does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).
Studies and Collection of Information
Minister
26.1 The Minister may undertake any study and collect any information that, in his or her opinion, is necessary for the purposes of the administration of this Act.
Indigenous Knowledge
Confidentiality
26.2 (1) Any Indigenous knowledge that is provided to the Minister under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
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 circumstances set out in the regulations made under paragraph 28(1)(g.2).
Consultation
(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister 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).
Further disclosure
(3) The Minister 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.
Duty to comply
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Minister under that subsection.
Protection from civil proceeding or prosecution
(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister — or any person acting on behalf of, or under the direction of, him or her — and no proceedings lie against the Crown, for the disclosure in good faith of any Indigenous knowledge under this Act or for any consequences that flow from that disclosure.
2012, c. 31, s. 321
59 Section 27 of the Act is replaced by the following:
Agreements and arrangements
27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.
60 The Act is amended by adding the following after section 27.1:
Registry
Establishment
27.2 (1) The Minister must establish and maintain a registry in which information that he or she specifies is deposited.
Access
(2) The Minister must make the registry accessible to the public through the Internet and by any other means that he or she considers appropriate.
Types of documents in registry
(3) The registry must contain only records or parts of a record
-
(a) that are publicly available; or
-
(b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.
Protection from civil proceeding or prosecution
(4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure.
2012, c. 31, s. 321
61 (1) Paragraphs 28(1)(b) and (c) of the Act are replaced by the following:
-
(b) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees;
-
(c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;
2012, c. 31, s. 321
(2) Paragraphs 28(1)(e) and (f) of the Act are replaced by the following:
-
(e) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters;
-
(e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3);
-
(f) respecting areas contiguous to works that are necessary for the safety of persons and navigation;
-
(f.1) respecting places in any navigable water where stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;
(3) Subsection 28(1) of the Act is amended by adding the following after paragraph (g):
-
(g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2;
-
(g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent;
2012, c. 31, s. 321
(4) Paragraphs 28(2)(a) to (d) of the Act are replaced by the following:
-
(a) designating any works that are likely to slightly interfere with navigation as minor works;
-
(b) designating any works that are likely to substantially interfere with navigation as major works; and
-
(c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters.
(5) Subsection 28(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
-
(d) respecting the registry established under section 27.2, including specifying records or information to be posted on the Internet site.
2012, c. 31, s. 321
(6) Subsection 28(5) of the Act is repealed.
2012, c. 31, s. 321
62 Section 29 of the Act is replaced by the following:
Addition to schedule
29 (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:
-
(a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;
-
(b) the physical characteristics of the navigable water;
-
(c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;
-
(d) the safety of navigation in the navigable water;
-
(e) the past, current or anticipated navigation in the navigable water;
-
(f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and
-
(g) the cumulative impact of works on navigation in the navigable water.
Request — addition
(2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.
Other amendment of schedule
(3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.
2012, c. 31, s. 324(1)
63 (1) Subsection 34(1) of the Act is replaced by the following:
Authority to enter
34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.
2009, c. 2, s. 340
(2) Paragraph 34(3)(a) of the Act is replaced by the following:
-
(a) examine the place and anything in the place;
2009, c. 2, s. 340
(3) Paragraph 34(3)(b) of the French version of the Act is replaced by the following:
-
b) emporter, pour examen ou, dans le cas d’un document, pour reproduction, tout document ou autre chose se trouvant dans le lieu;
(4) Subsection 34(3) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
-
(i) order any person in the place to establish their identity to the designated person’s satisfaction.
(5) Section 34 of the Act is amended by adding the following after subsection (3):
Persons accompanying designated person
(3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.
64 Section 36 of the Act is amended by adding the following after subsection (2):
Use of force
(3) In executing a warrant to enter a dwelling-house, a designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
65 The Act is amended by adding the following after section 36:
Production of documents or information
36.1 A designated person may, for a purpose related to verifying compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the designated person, any document or information specified by the designated person.
Seizure
36.2 (1) The designated person may seize and detain anything that he or she has reasonable grounds to believe was used in the contravention of any provision of this Act or the regulations or is related to such a contravention.
Custody of things seized
(2) If a designated person seizes a thing under subsection (1), sections 489.1 and 490 of the Criminal Code apply and the designated person, or any person that he or she may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.
Return of anything removed
36.3 (1) Anything removed under paragraph 34(3)(b) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless
-
(a) the thing, in the designated person’s opinion, is no longer useful; or
-
(b) the owner is unknown or cannot be located.
Thing not returned
(2) A designated person may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
2009, c. 2, s. 340
66 Subsection 39(1) of the Act is replaced by the following:
Not personally liable
39 (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, and persons accompanying a designated person under subsection 34(3.1) are not personally liable for anything they do or omit to do in good faith under this Act.
2012, c. 31, s. 328
67 Subsection 39.1(3) of the Act is replaced by the following:
Maximum penalty
(3) The maximum penalty for a violation is $50,000, in the case of an individual, and $250,000 in any other case.
68 The Act is amended by adding the following after section 39.13:
Right of appeal
39.131 (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal.
Loss of right of appeal
(2) A party that does not appear at a review hearing is not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal.
Notice
(4) If the appeal panel finds that a person has committed a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.
2012, c. 31, s. 328
69 (1) Paragraph 39.14(1)(b) of the Act is replaced by the following:
-
(b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and
2012, c. 31, s. 328
(2) Subsection 39.14(3) of the Act is replaced by the following:
Debt final
(3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131.
2012, c. 31, s. 328
70 Section 39.18 of the Act is replaced by the following:
Burden of proof
39.18 (1) The Minister has the burden of establishing that a person who is named in a notice of violation has committed the violation.
Person not compelled to testify
(2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal.
2012, c. 31, s. 328
71 Sections 39.23 and 39.24 of the Act are replaced by the following:
Limitation period or prescription
39.23 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.
Certification
39.24 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.
2012, c. 31, s. 329(1)
72 (1) The portion of subsection 40(1) of the Act before paragraph (f) is replaced by the following:
Offence
40 (1) Every person is guilty of an offence, if the person
-
(a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);
-
(b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);
-
(c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);
(2) Section 40 of the Act is amended by adding the following after subsection (1):
Penalties
(1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,
-
(a) in the case of an individual,
-
(i) for a first offence, to a fine of not more than $100,000, and
-
(ii) for a second or subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and
-
-
(b) in the case of a corporation,
-
(i) for a first offence, to a fine of not more than $500,000, and
-
(ii) for a second or subsequent offence, to a fine of not more than $1,000,000.
-
(3) Section 40 of the Act is amended by adding the following after subsection (5):
Vicarious liability — acts of employees, agents and mandataries
(6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.
Due diligence defence
(7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.
2009, c. 2, s. 340
73 Section 41 of the Act is replaced by the following:
Limitation period or prescription
41 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.
Certification
42 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.
Orders of court
43 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person:
-
(a) a prohibition from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
-
(b) a direction to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;
-
(c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;
-
(d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order;
-
(e) a direction to post a bond or provide surety or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;
-
(f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and
-
(g) a requirement to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.
Forfeiture
44 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.
Return if forfeiture not ordered
(2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.
Retention or disposition
45 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.
Reporting of alleged contraventions
46 (1) An individual who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of this Act or the regulations may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
Confidentiality
(2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.
Review
Review of Act
47 (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.
Tabling of report
(2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.
74 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
75 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
Transitional Provisions
Deemed approval
76 (1) A work is deemed to have been approved under section 7 of the Canadian Navigable Waters Act, as enacted by section 49 of this Act, if it was or was deemed to be
-
(a) approved under section 6 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act; or
-
(b) permitted under section 9 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.
Terms and conditions
(2) Any term or condition attached to an approval under section 6 of the Navigation Protection Act as it read immediately before the coming into force of section 46 of this Act — or imposed under section 9 of that Act as it read at that time — remains in effect.
Validity period of approval
(3) Despite subsection 332(2) of the Jobs and Growth Act, 2012, a term or condition relating to a validity period that was imposed on an approval granted under the Navigable Waters Protection Act before April 1, 2014 is of no force or effect if the validity period in question had not expired before that date.
Minor works
77 (1) A work is deemed to be validly constructed or placed in accordance with section 4 of the Canadian Navigable Waters Act, as enacted by section 49 of this Act, if it was, or was deemed to be, validly constructed or placed in accordance with section 10 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.
Deemed designation
(2) Any work designated or deemed to have been designated as a minor work under paragraph 28(2)(a) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, is deemed to be designated as a minor work under paragraph 28(2)(a) of the Canadian Navigable Waters Act until an order is made under that paragraph.
Terms and conditions
(3) Every term and condition imposed, or deemed to have been imposed, under paragraph 28(2)(c) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, with respect to the minor works referred to in subsection (1), is deemed to be imposed under paragraph 28(2)(c) of the Canadian Navigable Waters Act until an order is made under that paragraph.
Navigable waters not listed in the schedule
78 For the purposes of the Canadian Navigable Waters Act, any work that is referred to in subsection 332(3) or (4) of the Jobs and Growth Act, 2012 and that was deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Navigation Protection Act in accordance with subsection 332(5) of the Jobs and Growth Act, 2012 is not constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Canadian Navigable Waters Act.
Validly constructed or placed
79 A work that was or was deemed to be validly constructed or placed under the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, remains validly constructed or placed under the Canadian Navigable Waters Act.
Notice or application not decided
80 (1) Every notice of a proposed work given under subsection 5(1) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, and every application for an approval of a work submitted under subsection 6(1) of that Act, as it read immediately before that coming into force, that has not been decided before that coming into force is deemed to be an application for an approval made under subsection 5(1) of the Canadian Navigable Waters Act.
Request not granted
(2) Every request made under subsection 4(1) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, that has not been accepted before that coming into force is deemed to be an application for an approval made under paragraph 10(1)(a) of the Canadian Navigable Waters Act.
PART 4 Consequential and Coordinating Amendments and Coming into Force
Consequential Amendments
R.S., c. A-1
Access to Information Act
81 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
National Energy Board
Office national de l’énergie
82 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
Canadian Energy Regulator
Régie canadienne de l’énergie
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
2012, c. 19, s. 56
83 Schedule II to the Act is amended by striking out the reference to
Canadian Environmental Assessment Act, 2012
Loi canadienne sur l’évaluation environnementale (2012)
and the corresponding reference to “subsections 45(4) and (5)”.
84 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canadian Energy Regulator Act
Loi sur la Régie canadienne de l’énergie
and a corresponding reference to “subsections 58(1) and (2), 113(2) and 114(4)”.
85 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canadian Navigable Waters Act
Loi sur les eaux navigables canadiennes
and a corresponding reference to “subsections 26.2(1) and (2)”.
86 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Impact Assessment Act
Loi sur l’évaluation d’impact
and a corresponding reference to “section 30, subsections 53(4) and (5), section 57 and subsections 119(1) and (2) and 141(4)”.
R.S., c. E-6
Energy Administration Act
87 (1) The definition Board in subsection 2(1) of the Energy Administration Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Regulator means the Canadian Energy Regulator. (Régie)
88 The definition licence in subsection 4(1) of the Act is replaced by the following:
licence means a licence or other authorization that is issued under Part 7 of the Canadian Energy Regulator Act and that permits the export of oil under that Act. (licence)
89 Section 7 of the Act is replaced by the following:
Chief Executive Officer of the Regulator
7 The Chief Executive Officer of the Regulator administers and enforces this Part on behalf of the Minister and collects the charges imposed under it and, on the request of the Minister, provides him or her with advice and information in respect of exemptions or reductions under subsection 8(1).
90 Subsection 10(2) of the Act is replaced by the following:
Recovery of charges and penalties
(2) All charges and penalties payable under this Part may be recovered in the same manner as any amount payable under the Excise Tax Act and for that purpose sections 82 to 93 of that Act apply with any modifications that the circumstances require and any reference to the Minister or Deputy Minister in those sections is to be construed as a reference to the Chief Executive Officer of the Regulator, as the case may be.
91 Subsection 12(3) of the Act is replaced by the following:
Inspection
(3) Every person required by subsection (1) to keep records and books of account must, at all reasonable times, make the records and books of account and the accounts and vouchers necessary to verify the information in them available to designated officers and inspection officers, as defined in section 2 of the Canadian Energy Regulator Act and any other person designated by the Regulator and give them every facility necessary to inspect the records, books, accounts and vouchers.
R.S., c. 47 (4th Supp.), s. 52 (Sch., subitem 4(1))
92 Section 13 of the Act is replaced by the following:
Appeal
13 If any difference arises or if any doubt exists as to whether any charge is payable or as to the amount of the charge that is payable on the exportation of any oil, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may declare what amount of charge is payable, if any, and for that purpose sections 104 and 105 of the Excise Tax Act apply with any modifications that the circumstances require and any reference in those sections to the Deputy Minister is to be construed as a reference to the Chief Executive Officer of the Regulator.
93 Section 53 of the Act is replaced by the following:
Conflict
53 In the event of a conflict between any price prescribed under this Part and any price established under Part 3 of the Canadian Energy Regulator Act, the price prescribed under this Act prevails.
94 Subsection 54(4) of the Act is replaced by the following:
Determining other costs
(4) In determining a purchaser’s cost of service for the purposes of subsection (1) or a purchaser’s cost in respect of the acquisition and transportation of gas for the purposes of subsection (2), the Commission of the Regulator is to be governed by the rules it applies in determining those costs for the purposes of making orders with respect to traffic, tolls or tariffs under Part 3 of the Canadian Energy Regulator Act.
95 (1) The Act is amended by replacing “Board” with “Regulator” in the following provisions:
-
(a) subsection 9(2);
-
(b) paragraph 36(2)(e); and
-
(c) section 55.
(2) The Act is amended by replacing “Board” with “Commission of the Regulator” in the following provisions:
-
(a) the portion of subsection 9(4) before paragraph (a);
-
(b) section 36.1;
-
(c) paragraphs 43(1)(a) and (b);
-
(d) section 44;
-
(e) paragraph 52(d); and
-
(f) paragraphs 54(1)(b) and (2)(a) and (b) and subsection 54(3).
R.S., c. E-9
Energy Supplies Emergency Act
1990, c. 2, s. 4
96 Paragraph 25(1)(l) of the Energy Supplies Emergency Act is replaced by the following:
-
(l) respecting the prices at which any controlled product may be sold by suppliers to wholesale customers in particular market areas or generally and the charges for transportation between market areas except for transportation by means of a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline issued under the Canadian Energy Regulator Act;
97 (1) Subsection 36(1) of the Act is replaced by the following:
Definition of “pipeline company”
36 (1) In this section, pipeline company means a company operating a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline, issued under the Canadian Energy Regulator Act.
(2) Subsections 36(5) and (6) of the Act are replaced by the following:
Additional powers granted
(5) The Commission of the Canadian Energy Regulator is vested with all powers, in addition to its powers under the Canadian Energy Regulator Act, that are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board.
Saving
(6) It is not a contravention of section 235 of the Canadian Energy Regulator Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the Commission of the Canadian Energy Regulator that is made under a direction issued under this section, and section 236 of that Act is not applicable in respect of that discrimination.
1996, c. 10, s. 220
98 Section 40 of the Act is replaced by the following:
Enforcement of orders
40 Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under the Canada Transportation Act or the Canadian Energy Regulator Act, as the case may be.
99 (1) The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in the following provisions:
-
(a) subsection 26(3);
-
(b) subsection 27(3); and
-
(c) section 28.
(2) The Act is amended by replacing “National Energy Board” with “Commission of the Canadian Energy Regulator” in the following provisions:
-
(a) the portion of subsection 36(2) before paragraph (a) and subsection 36(4);
-
(b) subsection 39(1);
-
(c) the portion of subsection 41(2) before paragraph (a); and
-
(d) section 42.
R.S., c. E-15
Excise Tax Act
100 Paragraphs 15.3(b) and 15.4(b) of Part V of Schedule VI to the Excise Tax Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
R.S., c. E-20; 2001, c. 33, s. 2(F)
Export Development Act
2012, c. 19, s. 57
101 Section 24.1 of the Export Development Act is replaced by the following:
Impact Assessment Act
24.1 Section 83 of the Impact Assessment Act does not apply when the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it.
R.S., c. F-7
Federal Courts Act
1990, c. 8, s. 8; 2012, c. 19, s. 110
102 Paragraphs 28(1)(f) and (g) of the Federal Courts Act are replaced by the following:
-
(f) the Canadian Energy Regulator established by the Canadian Energy Regulator Act;
-
(g) the Governor in Council, when the Governor in Council makes an order under subsection 186(1) of the Canadian Energy Regulator Act;
R.S., c. F-11
Financial Administration Act
SOR/95-594, s. 1
103 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
and the corresponding reference in column II to ‘‘Minister of the Environment’’.
1992, c. 1, s. 72
104 Schedule I.1 to the Act is amended by striking out, in column I, the reference to
National Energy Board
Office national de l’énergie
and the corresponding reference in column II to the “Minister of Natural Resources”.
105 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
and a corresponding reference in column II to ‘‘Minister of the Environment’’.
106 Schedule II to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
2003, c. 22, s. 11
107 Schedule IV to the Act is amended by striking out the following:
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
108 Schedule IV to the Act is amended by adding the following in alphabetical order:
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
2003, c. 22, s. 11
109 Schedule V to the Act is amended by striking out the following:
National Energy Board
Office national de l’énergie
110 Schedule V to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
2006, c. 9, s. 270
111 Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
and the corresponding reference in column II to ‘‘President’’.
112 Part II of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
and a corresponding reference in column II to “President”.
2006, c. 9, s. 270
113 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
National Energy Board
Office national de l’énergie
and the corresponding reference in column II to “Chairperson”.
114 Part III of Schedule VI to the Act is amended by adding the following, in alphabetical order, in column I:
Canadian Energy Regulator
Régie canadienne de l’énergie
and a corresponding reference in column II to the “Chief Executive Officer”.
R.S., c. L-2
Canada Labour Code
115 Subparagraph 157(3)(b)(ii) of the Canada Labour Code is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
R.S., c. N-26
Northern Pipeline Act
116 (1) The definition Board in subsection 2(1) of the Northern Pipeline Act is repealed.
2002, c.7, s. 212(E)
(2) The definitions Agreement, designated officer and Hearing in subsection 2(1) of the Act are replaced by the following:
Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; (Accord)
designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; (fonctionnaire désigné)
Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; (Audience)
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act. (Régie)
(4) Section 2 of the Act is amended by adding the following after subsection (2):
Deeming
(3) For the purposes of the Agreement set out in Schedule I to this Act, the Regulator is deemed to be the National Energy Board.
117 (1) Paragraph 6(2)(b) of the Act is replaced by the following:
-
(b) designate one of the commissioners of the Regulator to be the Administrator of the Agency.
(2) Subsections 6(4) and (5) of the Act are replaced by the following:
Deputy to the Administrator
(4) If the Governor in Council does not designate a commissioner of the Regulator to be the Administrator, the Governor in Council may, by order, designate one of the commissioners of the Regulator to be a deputy to the Administrator.
Non-application
(5) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to the commissioner of the Regulator designated as Administrator or as a deputy to the Administrator.
2012. c. 19, s, 112
118 Sections 7 and 8 of the Act are replaced by the following:
Designated officer‘s powers
7 (1) The designated officer may, in respect of the pipeline, exercise any of the powers, and perform any of the duties or functions, of the Regulator under the Canadian Energy Regulator Act — except those referred to in sections 80 to 86, 92 and 95 to 98, subsection 99(2), section 100, subsections 101(3), 102(3) and 103(2) to (4), sections 109 to 112, 115 to 173 and 181, subsections 183(1), (2), (4) to (6) and (8) to (11), sections 184, 186, 187, 195 to 197, 213, 214, 225 to 240, subsections 241(1) and (4), section 245 and Parts 7 and 9 of that Act — that may be delegated to him or her by order of the Regulator.
Certification of documents
(2) The designated officer may, in respect of the pipeline, certify copies of
-
(a) the approved plan, profile and book of reference for the purpose of paragraph 198(d) of the Canadian Energy Regulator Act; and
-
(b) any permit issued under subsection 208(2) of that Act.
Regulator — substitute commissioner
8 If a commissioner of the Regulator is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on any terms and conditions that the Governor in Council may prescribe, a temporary substitute commissioner of the Regulator in place of that commissioner of the Regulator.
119 Subsections 9(2) and (3) of the Act are replaced by the following:
Acting designated officer
(2) If the designated officer is absent or incapacitated, the Governor in Council may designate another commissioner of the Regulator to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Regulator that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise.
Non-application
(3) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to a commissioner of the Regulator designated under subsection (2).
120 Section 20 of the Act and the heading before it are replaced by the following:
Canadian Energy Regulator
20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions.
(2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions.
121 Section 31 of the Act is replaced by the following:
Application
31 (1) Sections 225 to 240 of the Canadian Energy Regulator Act, as modified by this Part, apply to every company and if there is any conflict between this Part and the Canadian Energy Regulator Act, this Part prevails.
Single tariff
(2) If, in the opinion of the Commission of the Regulator, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Commission of the Regulator may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, if the Commission of the Regulator does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and sections 225 to 240 of the Canadian Energy Regulator Act and every other company is relieved from any obligation to file a tariff until the Commission of the Regulator rescinds that order.
122 Section 35 of the Act is amended by replacing “Board” with “Regulator”.
123 Subsection 40(2) of the English version of the Act is amended by replacing “Board” with “Commission of the Regulator”.
124 The Act is amended by replacing “Board” with “Commission of the Regulator” in the following provisions:
-
(a) subsections 21(4) and (6);
-
(b) section 24;
-
(c) paragraph 26(1)(b);
-
(d) sections 32 and 33;
-
(e) the portion of section 34 before paragraph (a);
-
(f) subsections 37(3) and (4);
-
(g) paragraph 38(1)(b);
-
(h) section 39; and
-
(i) subsection 40(1).
R.S., c. O-7
Canada Oil and Gas Operations Act
1994, c. 10, s. 1
125 Section 3.1 of the Canada Oil and Gas Operations Act is replaced by the following:
Designation
3.1 The Chief Executive Officer of the Canadian Energy Regulator may, for the purposes of this Act, designate an employee of the Canadian Energy Regulator to be the Chief Safety Officer and the same or another employee of that Regulator to be the Chief Conservation Officer.
1994, c. 10, s. 3
126 Subsection 5(6) of the Act is replaced by the following:
Variation
(6) The Commission of the Canadian Energy Regulator may vary the conditions of an operating licence or authorization under section 383 of the Canadian Energy Regulator Act.
2015, c. 4, s. 7
127 Subsection 5.001(3) of the Act is replaced by the following:
Impact assessment
(3) If the application for an authorization is in respect of a designated project, as defined in section 2 of the Impact Assessment Act, for which an impact assessment is required under that Act, the Minister of the Environment must issue the decision statement referred to in section 65 of that Act in respect of the designated project.
2015, c. 4. s. 7
128 Section 5.002 of the Act is replaced by the following:
Participant funding program
5.002 The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if
-
(a) the Canadian Energy Regulator has responsibilities for the project under that Act;
-
(b) the project includes physical activities that are designated by regulations made under paragraph 112(e) of that Act or that are part of a class of activities designated by those regulations; and
-
(c) the project is the subject of an application for an authorization under subsection 5(1) of this Act.
2007, c. 35, s. 149
129 The portion of section 5.32 of the Act before paragraph (b) is replaced by the following:
Mandatory orders
5.32 The Commission of the Canadian Energy Regulator may
-
(a) order and require any person to do, without delay, or within or at any specified time and in any manner set by the Canadian Energy Regulator, any act, matter or thing that the person is or may be required to do under this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5; and
2015, c. 4, s. 7
130 The portion of paragraph 5.34(b) of the Act before subparagraph (i) is replaced by the following:
-
(b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Canadian Energy Regulator and
1992, c. 35, s. 12; 2014, c. 13, s. 102
131 Section 5.4 of the Act is replaced by the following:
Council established
5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.
Duty of Council
(2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator and the Boards referred to in subsection (1).
1992, c. 35, s. 12
132 Subsection 5.5(2) of the Act is replaced by the following:
Purpose
(2) The Board shall inquire as to existing training standards and, if necessary, develop or encourage the development of training standards and shall recommend the adoption of training standards to the federal and Provincial Ministers, to the Canadian Energy Regulator and to the Boards referred to in subsection 5.4(1).
2007, c. 35, s. 150
133 Subsections 13.13(1) and (2) of the Act are replaced by the following:
Contracts limiting liability
13.13 (1) Except as provided in this section, no contract, condition or notice made or given by a holder limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Commission of the Canadian Energy Regulator.
Commission may determine limits
(2) The Commission of the Canadian Energy Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section.
1994, c. 10, s. 8
134 Sections 21 and 22 of the Act are replaced by the following:
Appeal
21 A person aggrieved by an order of the Chief Conservation Officer under section 17 or 19 after an investigation under subsection 19(2) or (3) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act.
Waste occuring
22 When the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, as defined in paragraph 18(2)(f) or (g), is occurring in the recovery of oil or gas from a pool, that Officer may apply to the Commission of the Canadian Energy Regulator for an order under section 385 of the Canadian Energy Regulator Act requiring the operators within the pool to show cause why the Commission should not make a direction in respect of the waste.
1994, c. 10, s. 9
135 Subsections 25(8) and (9) of the Act are replaced by the following:
Appeal
(8) A person aggrieved by any action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act.
Personal liability
(9) No person required, directed or authorized to act under this section or section 384 of the Canadian Energy Regulator Act is personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances.
2015, c. 4, s. 24
136 Subsection 48.13(1) of the Act is replaced by the following:
Notice from Canadian Energy Regulator
48.13 (1) If the Canadian Energy Regulator receives a notice from a regulator indicating the regulator’s determination as to whether a pool exists in an area adjoining the perimeter and, if applicable, whether there is reason to believe the pool extends into the perimeter, the Commission of the Canadian Energy Regulator shall, within 90 days after the day on which the notice is received, inform the regulator of its agreement or disagreement with the content of the notice.
1994, c. 10, s. 11
137 Section 53 of the Act is replaced by the following:
Officers
53 The Chief Executive Officer of the Canadian Energy Regulator designates the safety officers and conservation officers necessary for the administration and enforcement of this Act and the regulations from among the employees of the Canadian Energy Regulator.
1992, c. 35, s. 29; 1994, c. 10, s. 15
138 Section 55 of the Act is replaced by the following:
Certificate
55 The Chief Executive Officer of the Canadian Energy Regulator must provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under this Act, the officer must, upon request, produce the certificate to the person in charge of the place.
1994, c. 10, s. 12(2); 2015, c. 21, s. 46(4)(E)
139 Subsections 58(5) and (6) of the Act are replaced by the following:
Referral for review
(5) A person carrying out an operation to which an order made under subsection (1) refers, or any person having a pecuniary interest in that operation, may, by notice in writing, request the Chief Safety Officer or the Chief Conservation Officer, as the case may be, to refer the order to the Commission of the Canadian Energy Regulator for a review of the need for the order under section 386 of the Canadian Energy Regulator Act and, on receiving the notice, that Chief Officer must refer the order accordingly.
Prohibition
(6) A person is prohibited from continuing an operation in respect of which an order has been made under this section, except in accordance with the terms of the order or until the order has been set aside by the Commission of the Canadian Energy Regulator under section 386 of the Canadian Energy Regulator Act.
1994, c, 10, s. 14
140 Section 63 of the Act is replaced by the following:
Presumption against waste
63 A person does not commit an offence under subsection 18(1) by reason of committing waste as defined in paragraph 18(2)(f) or (g) unless the person has been ordered by the Commission of the Canadian Energy Regulator under section 385 of the Canadian Energy Regulator Act to take measures to prevent the waste and has failed to comply.
141 Subsection 65(4) of the English version of the Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
142 (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in the following provisions:
-
(a) paragraph 4.2(1)(a) and the portion of paragraph 4.2(1)(b) before subparagraph (i);
-
(b) paragraph 5(4)(c);
-
(c) subsection 5.1(2);
-
(d) subsection 5.3(1);
-
(e) section 5.37;
-
(f) sections 13.03 and 13.04;
-
(g) subsection 48.18(1);
-
(h) subsection 58(2); and
-
(i) subsection 65(3).
(2) The Act is amended by replacing “National Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and “Commission”, respectively, in the following provisions:
-
(a) the definitions abandoned pipeline and straddling resource in section 2;
-
(b) section 3.2;
-
(c) the portion of subsection 4.01(1) before paragraph (a) and subsections 4.01(2.1) and (2.2);
-
(d) section 4.1;
-
(e) the portion of subsection 5(1) before paragraph (a), subsection 5(3), the portion of subsection 5(4) before paragraph (a) and the portion of subsection 5(5) before paragraph (a);
-
(f) subsections 5.001(1), (4) and (5);
-
(g) section 5.012;
-
(h) sections 5.02 to 5.03;
-
(i) subsections 5.1(1), (4), (5), (6.1), (6.3), (6.4) and (8) to (11);
-
(j) the portion of subsection 5.11(1) before paragraph (a), the portion of subsection 5.11(2) before paragraph (a) and subsections 5.11(3) and (4);
-
(k) subsection 5.12(1), paragraphs 5.12(3)(b) and (4)(a) and subsection 51.2(7);
-
(l) section 5.31 and the heading before it;
-
(m) sections 5.331 and 5.34;
-
(n) the portion of section 5.35 before paragraph (a);
-
(o) sections 5.351 and 5.36;
-
(p) section 13.02 and the heading before it;
-
(q) sections 13.06 to 13.09;
-
(r) subsections 13.12(2);
-
(s) subsection 13.13(3);
-
(t) sections 13.14 and 13.15;
-
(u) paragraphs 14(1)(c) and (h.2);
-
(v) section 15.1;
-
(w) subsection 18(1);
-
(x) subsections 26.1(1) to (3) and (5);
-
(y) subsections 27(1), (1.2), (2) and (3);
-
(z) subsection 27.1(1);
-
(z.1) the definition transboundary in section 29;
-
(z.2) section 48.02;
-
(z.3) subsection 48.05;
-
(z.4) subsections 48.11 and 48.12;
-
(z.5) subsection 48.13(2);
-
(z.6) section 48.14;
-
(z.7) paragraph 60(1)(d);
-
(z.8) paragraphs 65(1)(c) to (e);
-
(z.9) the portion of subsection 65.1(1) before paragraph (a);
-
(z.10) the portion of section 71.02 before paragraph (a);
-
(z.11) sections 71.2 to 71.5;
-
(z.12) subsection 72(1); and
-
(z.13) section 72.02.
R.S., c. P-21
Privacy Act
1992, c. 37, s. 78
143 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
National Energy Board
Office national de l’énergie
144 The schedule to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
Canadian Energy Regulator
Régie canadienne de l’énergie
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
R.S., c. P-36
Public Service Superannuation Act
1992, c. 37, s. 80
145 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:
Canadian Environmental Assessment Agency
Agence canadienne d’évaluation environnementale
146 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Impact Assessment Agency of Canada
Agence canadienne d’évaluation d’impact
R.S., c. 36 (2nd Supp.)
Canada Petroleum Resources Act
1994, c. 10, s. 16(3)
147 Subsection 28(7) of the Canada Petroleum Resources Act is replaced by the following:
Procedures
(7) The procedures described in section 382 of the Canadian Energy Regulator Act apply to the making, amendment and revocation of a declaration under this section.
1994, c. 10, s. 17(2)
148 Subsection 35(4) of the Act is replaced by the following:
Procedures
(4) The procedures described in section 382 of the Canadian Energy Regulator Act apply to the making, amendment or revocation of a declaration under this section.
1994, c. 10, s. 18; 2007, c. 35, s. 151
149 (1) Subsections 101(2) to (3) of the Act are replaced by the following:
Privileged information or documentation
(2) Subject to this section, information or documentation is privileged if it is provided for the purposes of this Act or the Canada Oil and Gas Operations Act, other than Part 0.1 of that Act, or any regulation made under either Act, or for the purposes of Part 8 of the Canadian Energy Regulator Act, whether or not the information or documentation is required to be provided.
Disclosure
(2.1) Subject to this section, information or documentation that is privileged under subsection (2) shall not knowingly be disclosed without the consent in writing of the person who provided it, except for the purposes of the administration or enforcement of this Act, the Canada Oil and Gas Operations Act or Part 8 of the Canadian Energy Regulator Act or for the purposes of legal proceedings relating to its administration or enforcement.
Production and evidence
(3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act, the Oil and Gas Production and Conservation Act or Part 8 of the Canadian Energy Regulator Act.
2015, c. 4, s. 34(8)
(2) The portion of subsection 101(10) of the Act before paragraph (a) is replaced by the following:
Safety or environmental protection
(10) Subject to section 101.1, the Commission of the Canadian Energy Regulator or a person designated under section 4.1 of the Canada Oil and Gas Operations Act may disclose all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 5(1) of the Canada Oil and Gas Operations Act or to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulation made under that Act. The Commission or person is not, however, permitted to disclose information or documentation if they are satisfied that
2015, c. 4, s. 35
150 (1) Subsection 101.1(1) of the Act is replaced by the following:
Notice — subsection 101(10)
101.1 (1) If the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose any information or documentation under subsection 101(10), they shall make every reasonable effort to give the person who provided it written notice of their intention to disclose it.
2015, c. 4, s. 35
(2) Paragraph 101.1(3)(a) of the Act is replaced by the following:
-
(a) a statement that the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose information or documentation under subsection 101(10);
2015, c. 4, s. 35
(3) Paragraph 101.1(3)(c) of the Act is replaced by the following:
-
(c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed.
2015, c. 4, s. 35
(4) The portion of subsection 101.1(4) of the Act before paragraph (a) is replaced by the following:
Representations
(4) If a notice is given to a person under subsection (1), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act shall
2015, c. 4, s. 35
(5) Paragraph 101.1(4)(a) of the English version of the Act is replaced by the following:
-
(a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed; and
2015, c. 4, s. 35
(6) Paragraph 101.1(5)(b) of the Act is replaced by the following:
-
(b) a statement that if no review is requested under subsection (7) within 20 days after the notice is given, the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act must disclose the information or documentation.
2015, c. 4, s. 35
(7) Subsection 101.1(6) of the Act is replaced by the following:
Disclosure of information or documentation
(6) If, under paragraph (4)(b), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act decides to disclose the information or documentation, the Commission or the person must disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).
2015, c. 4, s. 35
(8) Subsection 101.1(7) of the English version of the Act is replaced by the following:
Review
(7) Any person to whom the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after day on which the notice is given, apply to the Federal Court for a review of the decision.
2015, c. 4, s. 36(1)
151 Paragraphs 107(1)(c.1) and (c.2) of the Act are replaced by the following:
-
(c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister, of a service or a product under this Act;
-
(c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of activities under or related to this Act that are carried out by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister;
152 (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in subsections 101(6.1) to (6.3).
(2) The Act is amended by replacing “National Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and “Commission”, respectively, in subsections 28(1), (2), (4) and (8), 33(1), 35(1), (2) and (5) and 36(1).
1988, c.28
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
153 Paragraph 33(1)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
-
(a) before the expiration of 30 days after receipt by both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or
154 (1) The portion of subsection 35(4) of the Act before paragraph (a) is replaced by the following:
Commission of the Canadian Energy Regulator
(4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed,
(2) Subsection 35(5) of the Act is replaced by the following:
Procedures for determination
(5) A determination of the Commission of the Canadian Energy Regulator made under subsection (4),
-
(a) despite the Canadian Energy Regulator Act, must be made within the time and in the manner that may be prescribed;
-
(b) is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body; and
-
(c) must be published without delay by the Regulator.
155 The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in subsection 35(6).
156 Subsection 40(2) of the Act is replaced by the following:
Certificate
(2) No certificate shall be issued under Part 3 of the Canadian Energy Regulator Act in respect of a Nova Scotia trunkline, unless the Commission of the Canadian Energy Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least 50%, or any lesser percentage that the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.
1989, c. 3
Canadian Transportation Accident Investigation and Safety Board Act
157 The schedule to the Canadian Transportation Accident Investigation and Safety Board Act is amended by striking out the following:
National Energy Board
Office national de l’énergie
158 The schedule to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
1990, c. 41
Hibernia Development Project Act
2014, c. 13, subpar. 115(e)(i)
159 Paragraph 3(2)(e) of the Hibernia Development Project Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
1991, c. 30
Public Sector Compensation Act
160 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:
National Energy Board
Office national de l’énergie
161 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Portions of the Public Service”:
Canadian Energy Regulator
Régie canadienne de l’énergie
1992, c. 34
Transportation of Dangerous Goods Act, 1992
2009, c. 9, s. 3
162 Paragraph 3(4)(b) of the Transportation of Dangerous Goods Act, 1992 is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
1994, c. 43
Yukon Surface Rights Board Act
163 Section 55 of the Yukon Surface Rights Board Act is amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
1998, c. 25
Mackenzie Valley Resource Management Act
2014, c. 2, s. 115(1)
164 Paragraph 5.2(1)(j) of the Mackenzie Valley Resource Management Act is replaced by the following:
-
(j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and
2014, c. 2, s. 217
165 Section 137.3 of the Act is replaced by the following:
Consultation
137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Impact Assessment Act and shall consult the Impact Assessment Agency of Canada.
2014, c. 2, s. 219(1)
166 (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:
Report by review panel — national interest referral
138 (1) Within 15 months after the day on which a review panel that is the subject of an agreement entered into under subsection (3) or 138.1(1) is established under subsection 40(2) of the Impact Assessment Act in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act, the review panel shall, in addition to satisfying the requirements of paragraph 51(1)(e) of that Act, submit the report of its recommendations to
2014, c. 2, s. 219(4)
(2) Subsection 138(3) of the Act is replaced by the following:
Referral — paragraph 130(1)(c)
(3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.
2014, c. 2, s. 220
167 Subsection 138.1(1) of the Act is replaced by the following:
Agreement — national interest referral
138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.
2014, c. 2, s. 223(1)
168 (1) Paragraph 141(2)(a) of the Act is replaced by the following:
-
(a) enter into an agreement with the Minister of the Environment in accordance with subsection 39(1) of the Impact Assessment Act to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and
2014, c. 2, s. 223(3)
(2) Paragraph 141(3)(b) of the Act is replaced by the following:
-
(b) with the Minister of the Environment if that Minister is authorized under subsection 39(1) of the Impact Assessment Act to enter into such an agreement.
2014, c. 2, s. 226(4)
169 Subsection 143(3) of the Act is replaced by the following:
Exemptions
(3) No development is to be exempted for a reason set out in paragraph 124(1)(b) if it is a designated project or belongs to a class of designated projects, within the meaning of the Impact Assessment Act, by virtue of regulations made under paragraph 109(1)(b) of that Act.
170 The schedule to the Act is amended by striking out the following:
National Energy Board
Office national de l’énergie
171 The schedule to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
2002, c. 7
Yukon Act
172 Subsection 76(1) of the Yukon Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
2002, c. 10
Nunavut Waters and Nunavut Surface Rights Tribunal Act
173 Subsection 77(10) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:
Duties of registrars
(10) The provisions of section 210 of the Canadian Energy Regulator Act relating to plans, profiles and books of reference deposited with land registrars under that Act and the duties of land registrars with respect to those plans, profiles and books, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9).
2002, c. 29
Species at Risk Act
2012, c. 19, s. 165
174 Subsection 77(1.1) of the Species at Risk Act is repealed.
2012, c. 19, s. 59(1)
175 (1) Subsection 79(1) of the Act is replaced by the following:
Notification of Minister
79 (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 82(a) or (b) of the Impact Assessment Act in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.
2012, c. 19, s. 59(2)
(2) The definition person in subsection 79(3) of the Act is replaced by the following:
person includes an association, an organization, a federal authority as defined in section 2 of the Impact Assessment Act, and any body that is set out in Schedule 4 to that Act. (personne)
2012, c. 19, s. 59(2)
(3) Paragraph (a) of the definition project in subsection 79(3) of the Act is replaced by the following:
project means
-
(a) a designated project as defined in section 2 of the Impact Assessment Act or a project as defined in section 81 of that Act;
2003, c. 7
Yukon Environmental and Socio-economic Assessment Act
176 Section 87 of the Yukon Environmental and Socio-economic Assessment Act is replaced by the following:
Federal independent regulatory agencies
87 (1) A federal independent regulatory agency must not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the Canadian Energy Regulator, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.
Conformity with decision document
(2) A federal independent regulatory agency, other than the Canadian Energy Regulator, must
-
(a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and
-
(b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.
Commission of the Canadian Energy Regulator
(3) The Commission of the Canadian Energy Regulator must
-
(a) when it requires that a project be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister; and
-
(b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.
Canadian Energy Regulator
(4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project.
177 Part 1 of the schedule to the Act is amended by striking out the following under the heading “Federal Independent Regulatory Agencies”:
National Energy Board
Office national de l’énergie
178 Part 1 of the schedule to the Act is amended by adding the following, in alphabetical order, under the heading “Federal Independent Regulatory Agencies”:
Canadian Energy Regulator
Régie canadienne de l’énergie
2005, c. 48
First Nations Oil and Gas and Moneys Management Act
2012, c. 19, s. 61
179 Subsection 2(2) of the First Nations Oil and Gas and Moneys Management Act is replaced by the following:
Expressions in Impact Assessment Act
(2) In this Act, environment has the same meaning as in section 2 of the Impact Assessment Act and environmental effects has the same meaning as in section 81 of that Act.
2009, c. 14, s. 126
Environmental Violations Administrative Monetary Penalties Act
2012, c. 19, s. 54
180 Subsection 5(3.1) of the Environmental Violations Administrative Monetary Penalties Act is replaced by the following:
Restriction — Impact Assessment Act
(3.1) With respect to the Impact Assessment Act, only the following contraventions or failures may be designated under paragraph (1)(a):
-
(a) a contravention under section 7, subsection 122(5), 125(3), 129(1), 135(2) or 141(4) or (5) or section 142 or 143 of that Act;
-
(b) a contravention of a condition established under subsection 64(2) of that Act or added or amended under section 68 of the Act; or
-
(c) a failure to provide to the Minister information required under subsection 72(1) of that Act.
2012, c. 31, s. 179
Bridge To Strengthen Trade Act
181 Section 4 of the Bridge To Strengthen Trade Act is replaced by the following:
Exemption from Impact Assessment Act
4 (1) Subject to subsection (2), the Impact Assessment Act does not apply to the bridge, parkway or any related work.
Expansion, decommissioning, abandonment
(2) The expansion, decommissioning or abandonment of the bridge, parkway or any related work is a project as defined in section 81 of the Impact Assessment Act and is subject to sections 82 to 91 of that Act.
2013, c. 14, s. 2
Nunavut Planning and Project Assessment Act
182 Schedule 2 to the Nunavut Planning and Project Assessment Act is amended by striking out the following:
National Energy Board
Office national de l’énergie
183 Schedule 2 to the Act is amended by adding the following, in alphabetical order:
Canadian Energy Regulator
Régie canadienne de l’énergie
2014, c. 2
Northwest Territories Devolution Act
184 Subsection 115(2) of the Northwest Territories Devolution Act is amended by replacing the paragraph 5.2(1)(g) that it enacts with the following:
-
(g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and
2014, c. 2, s. 2
Northwest Territories Act
185 Subsection 22(2) of the Northwest Territories Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.
Terminology
Replacement of “Navigation Protection Act”
186 Every reference to the “Navigation Protection Act” is replaced by a reference to the “Canadian Navigable Waters Act” in the following provisions:
-
(a) sections 2 and 5.013 of the Canada Oil and Gas Operations Act;
-
(b) section 5 of the Railway Safety Act;
-
(c) the heading before section 5 of the English version of the Railway Safety Act;
-
(d) sections 47, 73 and 101 of the Canada Marine Act;
-
(e) subsection 2(3) of the Transportation Appeal Tribunal of Canada Act;
-
(f) subsection 16(5) of the Canadian National Marine Conservation Areas Act;
-
(g) section 5 of the Highway 30 Completion Bridges Act; and
-
(h) section 3 of the Bridge to Strengthen Trade Act.
Replacement of “Navigable Waters Protection Act”
187 Every reference to the “Navigable Waters Protection Act” is replaced by a reference to the “Canadian Navigable Waters Act” in the following provisions:
-
(a) section 6 of the Navigable Waters Bridges Regulations;
-
(b) section 2 of the Navigable Waters Works Regulations;
-
(c) paragraph 67(a) of the Dominion Water Power Regulations;
-
(d) section 2 of the Ferry Cable Regulations;
-
(e) in the Port Authorities Operations Regulations:
-
(i) section 3 and the heading before it,
-
(ii) section 21 and the headings before it, and
-
(iii) the heading of schedule 2;
-
-
(f) in the Seaway Property Regulations:
-
(i) section 3 and the heading before it, and
-
(ii) section 24 and the heading before it;
-
-
(g) paragraph 4(c) of the Basin Head Marine Protected Area Regulations;
-
(h) paragraph 4(b) of the Gilbert Bay Marine Protected Area Regulations; and
-
(i) paragraph 4(d) of the Musquash Estuary Marine Protected Area Regulations.
Replacement of “Canadian Environmental Assessment Act, 2012”
188 Every reference to the “Canadian Environmental Assessment Act, 2012” is replaced by a reference to the “Impact Assessment Act” in the following provisions:
-
(a) in the Mackenzie Valley Resource Management Act:
-
(i) section 116, and
-
(ii) paragraph 130(1)(c);
-
-
(b) section 6 of the Yukon Environmental and Socio-economic Assessment Act;
-
(c) subsection 63(3) of the First Nations Oil and Gas and Moneys Management Act;
-
(d) paragraph 3(2)(n) of the First Nations Commercial and Industrial Development Act;
-
(e) in section 2 of the Environmental Violations Administrative Monetary Penalties Act:
-
(i) the definition Environmental Act, and
-
(ii) paragraph (a) of the definition Minister;
-
-
(f) section 7 of the Nunavut Planning and Project Assessment Act; and
-
(g) paragraph 5(1)(r) of the Safe Drinking Water for First Nations Act.
Coordinating Amendments
2002, c. 7
189 In sections 190 and 191, other Act means the Yukon Act.
190 (1) If section 210 of the other Act comes into force before section 10 of this Act, then that section 10 is amended by replacing the subsection 318(1) that it enacts with the following:
Consent of Yukon first nation or Governor in Council
318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(2) If section 10 of this Act comes into force before section 210 of the other Act, then that section 210 and the heading before it are replaced by the following:
Canadian Energy Regulator Act
210 Subsection 318(1) of the Canadian Energy Regulator Act is replaced by the following:
318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.
(3) If section 210 of the other Act and section 10 of this Act come into force on the same day, then section 210 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence.
191 (1) If section 211 of the other Act comes into force before section 10 of this Act, that section 10 is amended by replacing the section 328 that it enacts with the following:
Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land
328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights.
(2) If section 10 of this Act comes into force before section 211 of the other Act, that section 211 is replaced by the following:
211 Section 328 of the Act is replaced by the following:
Regulatory powers regarding settlement land or Tetlit Gwich’in Yukon land
328 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply if the Commission determines a compensation matter involving land referred to in section 318. Those provisions apply to the Commission as if it were the body established under those laws having jurisdiction with respect to surface rights.
(3) If section 211 of the other Act and section 10 of this Act come into force on the same day, then section 211 is deemed to have come into force before that section 10, and subsection (1) applies as a consequence.
2014, c. 2
192 (1) In this section, other Act means the Northwest Territories Devolution Act, chapter 2 of the Statutes of Canada, 2014.
(2) If subsection 115(2) of the other Act comes into force before section 1 of this Act, then
-
(a) sections 164 and 184 of this Act are repealed; and
-
(b) on the day on which section 1 of this Act comes into force, paragraph 5.2(1)(g) of the Mackenzie Valley Resource Management Act is replaced by the following:
-
(g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and
-
(3) If subsection 115(2) of the other Act and section 1 of this Act come into force on the same day then that subsection 115(2) is deemed to have come into force before that section 1 and subsection (2) applies as a consequence.
2015, c. 4
193 (1) In this section, other Act means the Energy Safety and Security Act.
(2) If subsection 142(2) of this Act comes into force before subsection 8(2) of the other Act, then that subsection 8(2) is amended by replacing the section 5.021 that it enacts with the following:
Net environmental benefit
5.021 (1) The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.
(3) If subsection 142(2) of this Act and subsection 8(2) of the other Act come into force on the same day, then that subsection 8(2) is deemed to have come into force before that subsection 142(2).
Bill C-49
194 (1) Subsections (2) to (4) apply if Bill C-49, introduced in the 1st session of the 42nd Parliament and entitled the Transportation Modernization Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 157 of this Act comes into force before subsection 67(2) of the other Act, then that subsection 67(2) is amended
-
(a) by replacing the subsection (5.1) that it enacts with the following:
Power to provide access to certain persons
(5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization
-
(b) by replacing the portion of the subsection (5.2) before paragraph (a) that it enacts with the following:
Authorization under another Act
(5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and
(3) If subsection 67(2) of the other Act comes into force before section 157 of this Act, then, on the day on which that section 157 comes into force, subsections 28(5.1) and (5.2) of the Canadian Transportation Accident Investigation and Safety Board Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.
(4) If section 157 of this Act and subsection 67(2) of the other Act come into force on the same day, then that section 157 is deemed to have come into force before that subsection 67(2) and subsection (2) applies as a consequence.
Bill C-64
195 (1) Subsections (2) to (9) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations (in this section referred to as the “other Act”), receives Royal Assent.
(2) On the first day on which both section 46 of this Act and subsection 13(1) of the other Act are in force, that subsection 13(1) is amended by replacing “Navigation Protection Act” with “Canadian Navigable Waters Act”.
(3) If section 46 of this Act comes into force before section 138 of the other Act, then section 132 of the other Act is renumbered as subsection 132(1) and is amended by adding the following:
Section 20 of Canadian Navigable Waters Act
(2) A notice given under section 20 of the Canadian Navigable Waters Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2).
(4) On the first day on which both section 46 of this Act and section 134 of the other Act are in force, then subsection 16(5) of the Canadian National Marine Conservation Areas Act is replaced by the following:
Conflicts
(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Canadian Navigable Waters Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.
(5) If section 46 of this Act comes into force before section 137 of the other Act, then that section 137 is replaced by the following:
137 The Canadian Navigable Waters Act is amended by adding the following before section 15:
Non-application
14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
(6) If section 137 of the other Act comes into force before section 46 of this Act, then, on the day on which that section 46 comes into force, section 14.2 of the Canadian Navigable Waters Act is replaced by the following:
Non-application
14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
(7) If both section 46 of this Act and section 137 of the other Act come into force on the same day then that section 137 is deemed to have come into force before that section 46 and subsection (6) applies as a consequence.
(8) If section 138 of the other Act comes into force before section 55 of this Act, then that section 55 is deemed never to have come into force and is repealed.
(9) If both section 138 of the other Act and section 55 of this Act come into force on the same day, then that section 55 is deemed never to have come into force and is repealed.
(10) If section 74 of this Act comes into force before section 139 of the other Act, then that section 139 is deemed never to have come into force and is repealed.
(11) If both section 74 of this Act and section 139 of the other Act come into force on the same day, then that section 139 is deemed never to have come into force and is repealed.
Coming into Force
Order in council
196 (1) The provisions of this Act, other than sections 2 to 8, subsection 47(4), sections 55 and 60, subsection 61(5) and sections 62, 74 and 189 to 195, come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Subsections 2(1) and (3), 3(1), 4(1) and 5(1), section 6 and subsections 8(1) and (3) come into force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1).
Order in council
(3) Subsections 2(2) and (4), 3(2), 4(2) and 5(2), section 7 and subsections 8(2) and (4) come into force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1).
Order in council
(4) Section 60 and subsection 61(5) come into force on a day to be fixed by order of the Governor in Council that is not earlier than one day after the day referred to in subsection (1).
Schedule
1 Port authority as defined in subsection 2(1) of the Canada Marine Act.
2 Board as defined in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
3 Board as defined in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
1 Designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act.