What Canada Impact Assessment Act: Designated Projects, the Section 7 Prohibition and the Public-Interest Decision requires
The Impact Assessment Act (S.C. 2019, c. 28, s. 1) establishes Canada's federal impact-assessment regime for major projects, administered by the Impact Assessment Agency of Canada. Section 6 sets out the purposes, including to prevent or mitigate significant adverse effects within federal jurisdiction, to foster sustainability, to respect the rights of the Indigenous peoples of Canada and to apply the precautionary principle. A designated project is a physical activity carried out in Canada or on federal lands that is prescribed by regulation or designated by ministerial order under section 9. Section 7 imposes the central prohibition: the proponent of a designated project must not do any act or thing that may cause an adverse effect within federal jurisdiction unless the Agency decides no impact assessment is required, the proponent complies with the conditions in a decision statement, or the Agency permits the act for the purpose of gathering information. The process runs through a planning phase (the initial project description under section 10, public participation under section 11, the Agency's offer to consult under section 12, and the Agency decision on whether an assessment is required under section 16) and then an impact assessment conducted by the Agency (sections 24 to 35) or referred to a review panel (sections 36 to 59). After the assessment, the public-interest decision is made: under section 60 the Minister (or Governor in Council) determines whether the adverse effects within federal jurisdiction are in the public interest, and section 65 requires the issuance of a decision statement setting out the determination and any conditions, without which federal authorities may not authorise or fund the project. Enforcement is provided through analysts and enforcement officers (section 120), notices of non-compliance (section 126) and orders (section 127), with offence provisions from section 142. The Act is the gateway that decides whether Canada's largest resource, energy and infrastructure projects may proceed.
Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Impact Assessment Agency of Canada · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/I-2.75/FullText.html
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Primary Citations — 8 traced to source
- Impact Assessment Act, S.C. 2019, c. 28, s. 1, section 6 - purposes, including preventing or mitigating adverse effects within federal jurisdiction, sustainability, Indigenous rights and the precautionary principle.
- Impact Assessment Act, section 7 - prohibition on a proponent doing an act that may cause adverse effects within federal jurisdiction for a designated project absent the required decision or permission.
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