Tuesday, May 28, 2019

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its

NINETEENTH REPORT

Your committee, to which was referred 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, has, in obedience to the order of reference of December 12, 2018, examined the said bill and now reports the same with the following amendments:

1.Clause 1, pages 2, 4, 9 to 24, 26 to 31, 33 to 37, 39 to 45, 48, 50, 51, 54 to 56, 58, 59, 61 to 63, 66, 68, 81, 82, 84, 85, 90 and 92:

(a)On page 2,

(i)add the following after line 11:

“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, thereby providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs in all regions of Canada;”,

(ii)replace line 13 with the following:

“efficiently managed impact assessments provide an effective means of in-”,

(iii)replace line 23 with the following:

“in a meaningful way, while ensuring that these processes proceed in a timely fashion;”, and

(iv)replace line 25 with the following:

“the public should have prompt access to the reasons on”;

(b)on page 4,

(i)replace line 12 with the following:

“physical activities, but it does not include a physical activity designated by regulations made under paragraph 112(1)(a.2). (projet désigné)”, and

(ii)replace line 20 with the following:

“to be carried out, in whole or in part. They do not include greenhouse gas emissions generated from another physical activity or designated project located downstream from the designated project. (effets directs ou”;

(c)on page 9,

(i)add the following after line 5:

“3.1 For greater certainty, nothing in this Act affects the operation of any Act of the legislature of a province that relates to environmental protection.”,

(ii)replace line 8 with the following:

“ule 2. It also does not apply in respect of the following physical activities, wherever they are carried out:

(a) the construction, operation, decommissioning or abandonment of a new facility, plant, structure or thing for recovering oil sands by drilling or other in situ recovery operations, not including mining operations;

(b) the expansion of an existing facility, plant, structure or thing for recovering oil sands by drilling or other in situ recovery operations, not including mining operations;

(c) the construction, operation, decommissioning or abandonment of a new pipeline, other than an offshore pipeline or a pipeline that is regulated under the Canadian Energy Regulator Act and is of a length of 40 km or more;

(d) the expansion of an existing pipeline — other than an offshore pipeline or a pipeline regulated under the Canadian Energy Regulator Act — that is of a length of 40 km or more;

(e) the construction, operation, decommissioning or abandonment of a new facility, plant, structure or thing for the generation of wind electric power or solar electric power;

(f) the expansion of an existing facility, plant, structure or thing for the generation of wind electric power or solar electric power;

(g) the construction, operation, decommissioning or abandonment of a facility, plant, structure or thing for the refining, manufacturing, or processing of natural gas, natural gas liquids or petroleum to produce refined products or other light hydrocarbon components or products;

(h) the construction, operation, decommissioning or abandonment of all generating units using natural gas as their primary fuel, including cogeneration, combined cycle generation turbines, converted coal-to-gas generation and simple cycle turbines; and

(i) the expansion of all generating units using natural gas as their primary fuel, including cogeneration, combined cycle generation turbines, converted coal-to-gas generation and simple cycle turbines.”,

(iii)replace line 15 with the following:

“are within the legislative authority of Parliament from significant”,

(iv)add the following after line 16:

“(b.1) to establish a process for conducting impact assessments that provides certainty to investors and stakeholders, encourages innovation in the carrying out of designated projects and creates opportunities for economic development;”,

(v)replace lines 25 and 26 with the following:

“a careful and precautionary manner to avoid significant adverse effects within federal jurisdiction and significant adverse direct or”, and

(vi)replace line 29 with the following:

“between federal and provincial governments — while respecting the legislative competence of each — and the”;

(d)on page 10,

(i)add the following after line 11:

“(h.1) to ensure that an impact assessment, regional assessment or strategic assessment takes into account information provided by municipalities that may be affected by the carrying out of a designated project, including any information provided with respect to the impacts of a designated project on land use plans and plans for emergency preparedness;”,

(ii)replace line 31 with the following:

“ments;”, and

(iii)replace line 33 with the following:

“ments through the use of follow-up programs; and

(o) to improve investor confidence, strengthen the Canadian economy, encourage prosperity and improve the competitiveness of the Canadian energy and resource sectors.”;

(e)on page 11,

(i)replace line 30 with the following:

“tional purposes,

(ii.1) their health, social or economic conditions, or”, and

(ii)replace lines 33 to 36 with the following:

“nificance; or”;

(f)on page 12, add the following after line 27:

“(4) Despite paragraph (1)(d), 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 a change described in that paragraph in relation to an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 if the change is not adverse and the council, government or other entity that is authorized to act on behalf of the Indigenous group, community or people and the proponent have agreed that the act or thing may be done.

(4.1) Notwithstanding paragraph 7(3)(a), a decision under subsection 16(1) that an impact assessment is not required does not affect any duty of a proponent to consult, as required by law, with Indigenous peoples likely to be affected by the project and does not abrogate or derogate from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.

(4.2) Notwithstanding paragraph 7(3)(a), a decision under subsection 16(1) that an impact assessment is not required does not prohibit the proponent of a designated project from undertaking an act or thing in connection with the carrying out of the designated project, in whole or in part, and does not affect any duty of a proponent to consult, as required by law, with an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and is likely to be affected by the project.”;

(g)on page 13,

(i)replace line 1 with the following:

“the impact assessment of that project are not significant, or, if significant, are in the public”,

(ii)replace lines 6 to 13 with the following:

“109(b) if, in his or her opinion, the carrying out of that physical activity may cause significant adverse effects within federal jurisdiction that are

(a) complex and may require a complex set of mitigation measures; or

(b) novel and either their severity or the effects of any associated mitigation measures are unknown.

(1.1) The Minister may only designate a physical activity under subsection (1) if there are unique or exceptional circumstances that warrant designation of the physical activity.

(2) Before making the order, the Minister may consider adverse impacts that a physical activity may have on the rights of the Indigenous peoples of Canada — including Indigenous women —”,

(iii)replace line 21 with the following:

“quest referred to in subsection (1) within 30 days after”,

(iv)replace line 24 with the following:

“(5) The Agency may suspend the time limit for re-”, and

(v)replace lines 26 to 33 with the following:

“scribed by regulations made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

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

(h)on page 14,

(i)replace lines 4 and 5 with the following:

“stantially begun;

(b) more than 60 days have passed since the day on which the proponent filed an application with a federal or provincial regulatory agency to seek approval for the physical activity; or

(c) a federal or provincial authority has exercised a power or per-”,

(ii)replace line 7 with the following:

“Act of Parliament other than this Act or under an Act of the legislature of a province that could permit”,

(iii)replace line 15 with the following:

“made under paragraph 112(1)(a).”,

(iv)replace line 19 with the following:

“with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, in its”, and

(v)replace lines 24 to 29 with the following:

“sessment of a designated project, the Agency must

(a) offer to consult with

(i) any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project, and

(ii) with any Indigenous group or municipality that may be affected by the carrying out of the designated project; and

(b) cooperate with

(i) the Canadian Energy Regulator if the designated project includes physical activities regulated under the Canadian Energy Regulator Act,

(ii) the Canadian Nuclear Safety Commission if the designated project includes physical activities regulated under the Nuclear Safety and Control Act,

(iii) 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, and

(iv) 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.”;

(i)on page 15,

(i)replace line 6 with the following:

“that is the subject of the Agency’s preparations — including the Canadian Energy Regulator, the Canadian Nuclear Safety Commission, the Canada-Nova Scotia Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board — must, on”,

(ii)replace lines 15 and 16 with the following:

“that are raised by the public or by any jurisdiction, Indigenous group or municipality that is consulted under section 12, and”, and

(iii)replace line 27 with the following:

“made under paragraph 112(1)(a).”;

(j)on page 16,

(i)replace lines 5 and 6 with the following:

“(2) In making its decision, the Agency may consider the following factors:”,

(ii)replace line 18 with the following:

“jurisdiction, Indigenous group or municipality that is consulted un-”, and

(iii)replace the heading before line 30 and lines 30 to 32 with the following:

“Notice

17 (1) The proponent of a designated project may request that the Minister, the Minister of Finance and the Minister of Natural Resources provide a written notice if, in the opinion of all three Ministers, the project is inconsistent with Government of Canada policy or if”;

(k)on page 17,

(i)replace line 1 with the following:

“a federal authority advises the Minister”,

(ii)replace lines 5 to 7 with the following:

“part, the Minis-”,

(iii)replace lines 5 to 9 with the following:

“part. The”,

(iv)replace line 9 with the following:

“he or she has been so advised. The”,

(v)replace lines 11 and 12 with the following:

“authority will not exercise its power.”,

(vi)replace line 12 with the following:

“opinion of the three Ministers.

(1.1) The Ministers’ written notice under subsection (1) must be provided to the proponent before the Agency provides a notice of commencement of the impact assessment of the designated project under subsection 18(1). For greater certainty, no impact assessment is terminated or suspended on the sole basis that a written notice is provided under this section.”,

(vii)add the following after line 14:

“(3) A proponent’s request under subsection (1) must be made at least 30 days before the day on which the Agency is required to provide the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1).”,

(viii)replace line 15 with the following:

“18 (1) Subject to subsections (3) and (4), if the Agency decides that an impact assessment”,

(ix)replace lines 24 to 26 with the following:

“sessment of the project that sets out

(i) the scope of the designated project that the Agency has determined will be subject to the impact assessment,

(ii) the factors under subsection 22(1) that will be considered in the impact assessment of the designated project, as well as the scope of those factors, including any modification of those factors under subsection 22(2),

(iii) any written notice provided under subsection 17(1) if requested by the proponent, and

(iv) the information or studies that the Agency requires from the proponent and that it considers necessary for it to conduct the impact assessment; and”,

(x)replace line 28 with the following:

“made under paragraph 112(1)(a), including tailored”, and

(xi)replace lines 34 to 37 with the following:

“(1.1) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l), (s) and (t) that are to be taken into account under subsection 22(211), including the extent of their relevance to the impact assessment, is determined by the Agency and is set out in the tailored guidelines referred to in subsection (1).

(1.2) The Agency must respect the principle of proportionality by ensuring that the time and money invested in the information and studies requested in connection with the impact assessment are commensurate with the nature and complexity of the project.”;

(l)on page 18,

(i)replace lines 1 to 12 with the following:

“(3) The Minister may, on request of any jurisdiction referred to in paragraphs (c) or (d) of the definition jurisdiction in section 2, by order, establish a longer time limit than the time limit referred to in subsection (1), to allow the Agency to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).

(4) The Minister may, on the request of a proponent of the designated project, by order, establish a longer time limit than the time limit referred to in subsection (1).

(5) The Agency must post on the Internet site any time limit established under subsection (3) or (4), including any reasons provided by the Minister for granting the extension.

(6) The Agency may suspend the time limit within which it must provide the notice of the com-”,

(ii)replace lines 15 to 21 with the following:

“112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

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

(iii)add the following after line 21:

“18.1 The Agency may proceed to issue a notice under section 18 despite

(a) a failure by a person to provide comments within the period specified under section 11 or a request from such person or persons to extend the specified period; or

(b) a failure by a jurisdiction or an Indigenous group to respond to the Agency’s offer to consult under section 12, or a request from such a party for certain consultation to be completed under section 12 prior to the issuance of a notice of commencement under subsection 18(1).”, and

(iv) replace lines 34 and 35 with the following:

“tion or studies that the Agency considers necessary for the conduct of the impact assessment.”;

(m)on page 19,

(i)add the following after line 9:

“Provincial Jurisdiction

20.1 No action may be taken by the Agency or the Minister under this Act in respect of a designated project in respect of which the government of a province in which that designated project is located — in whole or in part — requests that the Agency take no further action if the request

(a) sets out the provincial authority in respect of the environmental assessment of the designated project; and

(b) is received by the Agency no later than 30 days after the day on which the notice referred to in subsection 18(2) is posted on the Internet site.”,

(ii)replace line 10 with the following:

“21 (1) The Agency — or the Minister if the impact assess-”,

(iii)replace line 18 with the following:

“sessment of the effects of a designated”,

(iv)replace lines 20 to 24 with the following:

“der the Canada Oil and Gas Operations Act or the Canada Transportation Act; and”,

(v)add the following after line 28:

“(1.1) The Agency or the Minister, as the case may be, must, when consulting with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2, consult in a manner that is inclusive, transparent and reflective of the views and priorities of Indigenous peoples of Canada, including Indigenous women.

(2) The Agency — or the Minister if the impact assessment of the designated project has been referred to a review panel — and the Canada-Nova Scotia Offshore Petroleum Board or Canada–Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall cooperate with respect to the impact assessment of a designated project that includes activities that are regulated under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.

(3) The Agency and the Canada-Nova Scotia Offshore Petroleum Board and Canada–Newfoundland and Labrador Offshore Petroleum Board shall, to ensure effective cooperation and avoid duplication of work and activities, conclude memoranda of understanding in relation to the conduct of impact assessments referred to in subsection (2) — other than those referred to a review panel.

(4) Sections 25 to 29 apply, with such modifications as the circumstances may require, to the Agency, the Canada-Nova Scotia Offshore Petroleum Board or Canada–Newfoundland and Labrador Offshore Petroleum Board, as the case may be, in relation to the impact assessment of a designated project referred to in subsection (2) — other than those referred to a review panel.

(5) If the Minister has referred the impact assessment of a designated project referred to in subjection (2) to a review panel,

(a) the panel’s terms of reference established by the Minister in accordance with section 41 shall include provisions for the panel’s cooperation with the Canada-Nova Scotia Offshore Petroleum Board or Canada–Newfoundland and Labrador Offshore Petroleum Board, as the case may be; and

(b) the Minister, on the recommendation of the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board or the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall appoint to a panel at least two persons who are members of the applicable Board and who may be appointed as members of a review panel.

(6) The Canada-Nova Scotia Offshore Petroleum Board and Canada–Newfoundland and Labrador Offshore Petroleum Board, as the case may be, shall cooperate with the Agency or the review panel in respect of any impact assessment referred to in subsection (2).”, and

(vi)replace lines 31 to 33 with the following:

“must, subject to subsection (2), consider the following factors:

(a) the effects within federal jurisdiction and the positive and negative”;

(n)on page 20,

(i)replace line 1 with the following:

“consequences of these effects that are likely to be”,

(ii)add the following after line 11:

“(a.1) the project’s impact, on a global level, on the environment and climate change;”,

(iii)replace line 20 with the following:

“(d)the purpose of, need for and economic impacts of the designated”,

(iv)delete lines 26 to 28, and

(v)replace lines 32 to 36 with the following:

“tributes to the environmental, health, social and economic effects and is consistent with any relevant published policy on sustainability developed by the Agency under paragraph 155(h) and identified in the documents provided to the proponent under paragraph 18(1)(b);

(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 while also accounting for provincial enactments respecting climate change;”;

(o)on page 21,

(i)replace line 3 with the following:

“(n) comments received from the public or, with respect to a designated project that is referred to a review panel, any interested party;

(n.1) comments received from a municipality that may be affected by the carrying out of a designated project;”,

(ii)replace lines 7 and 8 with the following:

“(o.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;

(o.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;

(p) consistency with any relevant assessment referred in section 92, 93 or 95 — other than one related to paragraph 22(1)(h) — if that assessment has been completed prior to the notice of commencement for the designated project under subsection 18(1);”,

(iii)replace lines 19 and 20 with the following:

“(s) consistency with any relevant published policy on the intersection of sex and gender with any other identity factors developed by the Agency under paragraph 155(h) and identified in the documents provided to the proponent under paragraph 18(1)(b); and”,

(iv)replace lines 22 and 23 with the following:

“that the Agency requires to be”, and

(v)replace lines 25 to 30 with the following:

“(2) The Agency or the Minister, if the impact assessment is referred to a review panel, may determine

(a) that a factor under subsection (1) other than a factor in paragraphs (1)(g) and (n) to (t) does not need to be taken into account;

(b) the scope of any factors to be taken into account.

(3) When taking into account an assessment referred to in section 92, 93 or 95, the Agency or review panel may consider the weight to be given to that assessment as it considers appropriate, having regard to both the relevance of the assessment and the strength of evidence supporting the assessment’s conclusions.”;

(p)on page 22,

(i)replace line 10 with the following:

“conducted;

(a.1) subject to the other provisions of this Act, processes are established that the Agency considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when conducting an impact assessment; and”,

(ii)replace line 26 with the following:

“with an opportunity to participate meaningfully, in a manner that the Agency considers appropriate, within”, and

(iii)replace line 28 with the following:

“sessment of a designated project and that the proponent has an opportunity to respond to comments received from the public.

27.1 The Agency may establish the manner that it considers appropriate for members of the public to participate in an impact assessment conducted by the Agency, taking into account

(a) the degree to which a member of the public is directly affected by the designated project; and

(b) whether a member of the public has relevant information or expertise regarding the matters to be decided.”;

(q)on page 23,

(i)replace line 20 with the following:

“which those effects are significant.”, and

(ii)replace line 36 with the following:

“the Agency may establish”;

(r)on page 24,

(i)replace line 6 with the following:

“in subsection (2), for any reason that the Agency con-”,

(ii)replace lines 8 and 9 with the following:

“The Agency must post any time limit established under this subsection and the reasons establishing that time limit on the Internet site.”,

(iii)replace lines 21 to 26 with the following:

“the Minister’s order made under subsection (5) and a notice of any extension granted under this section, including the reasons for granting the extension.

(9) The Agency may suspend the time limit within which it must submit the report until any activi-”, and

(iv) replace lines 28 to 35 with the following:

“graph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

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

28.1 The Agency or review panel may not adjourn or defer the impact assessment of a designated project because an assessment referred to in section 92, 93 or 95 was not completed before the notice of commencement for the designated project.”;

(s)on page 26,

(i)replace lines 9 to 12 with the following:

“the Canada Oil and Gas Operations Act or the”, and

(ii)replace line 17 with the following:

“eration of the factors set out in subsection 22(1) that the Minister has determined are relevant to the project;”;

(t)on page 27,

(i)replace line 10 with the following:

“which those effects are significant.”,

(ii)replace line 32 with the following:

“mitted to the Minister at the end of the assessment under the substituted process approved under section 31, the”, and

(iii)replace lines 34 to 38 with the following:

“Agency is of the opinion that additional information is required for the purposes of subsection 60(1), it may require the proponent of the designated project to provide the additional information to the Minister or may make a request to the jurisdiction that followed the process to provide that information to the Minister.”;

(u)on page 28,

(i)replace lines 24 and 25 with the following:

“(3) The Agency may suspend the time limit within which the Minister may refer an impact assessment to a re-”, and

(ii)replace lines 27 to 34 with the following:

“tions made under paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

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

(v)on page 29,

(i)replace lines 6 to 26 with the following:

“designated project to a review panel, the Agency must establish the following time limits:

(a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

(b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

(2) Subject to subsection (3), the total number of days for the time limits established under subsection (1) must not exceed 600 unless the Agency is of the opinion that more time is required 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.

(3) The Minister may extend the time limit established under paragraph (1)(a) by any period — up to a maxi-”,

(ii) replace lines 9 and 10 with the following:

“than 510 days after the day on which the notice of commencement of the impact assessment of the designated project is posted on the Internet site in accordance with subsection 18(2).”, and

(iii)replace lines 34 to 38 with the following:

“(5) The Agency must post the following items on the Internet site:

(a) the Agency’s reasons for establishing the time limits under subsection (1);

(b) a notice of any extension granted under subsection (3), including the Minister’s reasons for granting that extension; and

(c) a notice of any extension granted under subsection (4).”;

(w)on page 30,

(i)replace line 1 with the following:

“(6) The Agency may suspend the time limit within”,

(ii)replace lines 4 to 11 with the following:

“paragraph 112(1)(c) is completed. If the Agency suspends the time limit, it must post on the Internet site a notice that sets out its reasons for doing so.

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

(iii)replace lines 15 to 28 with the following:

“of the Acts referred to in section 43, the Agency must establish the following time limits:

(a) the time limit, 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, within which the review panel must submit a report with respect to that impact assessment to the Minister; and

(b) the time limit, after the day on which the review panel submits the report, within which the Agency must post its recommendations under subsection 55.1(2).

(2) Subject to subsection (4), the total number of days for the time limits established under subsection (1) must not exceed 300. However, the total number of days may be up to 600 if the Agency is of the opinion that the review panel requires more time and it establishes those time limits before it posts a copy of the notice of the commencement of the impact assessment on the Internet site.

(3) The Agency must take into consideration the factors set out in subsection 36(2) in establishing a time limit that exceeds 300 days.”;

(x)on page 31, replace line 16 with the following:

“regulated under the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill;”;

(y)on page 33,

(i)replace lines 1 and 2 with the following:

“of reference and the Agency must, within the same period, appoint as a member one or more persons from a roster established under paragraph 50(a)(i) who are unbiased and free from any conflict of in-”,

(ii)replace line 18 with the following:

“of the factors set out in the notice of commencement provided to the proponent of the designated project under subsection 18(1) and is conducted”,

(iii)replace lines 26 and 27 with the following:

“established under paragraph 37(1)(a);”, and

(iv)replace line 31 with the following:

“(c) the Agency must — within 45 days after the day”;

(z)on page 34,

(i)replace line 2 with the following:

“designated project to a review panel if the project is substantially different from any designated project that has previously been the subject of an impact assessment conducted by a review panel and the project in-”,

(ii)replace line 5 with the following: 

“(a) the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill;”,

(iii)replace line 9 with the following:

“under the Nuclear Safety and Control Act, other than in respect of a uranium mine or mill, to a review”,

(iv)replace line 13 with the following:

“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and ap-”, and

(v)replace lines 25 to 32 with the following:

“President of the Canadian Nuclear Safety Commission.

(4) The chairperson must be appointed from the roster and the persons appointed from the roster may”;

(aa)on page 35,

(i)replace line 3 with the following:

“under the Nuclear Safety and Control Act — other than in respect of a uranium mine or mill — including”,

(ii)replace line 5 with the following:

“ment, the review panel referred to in section 43 may exercise the powers con-”,

(iii)replace line 13 with the following:

“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and ap-”, and

(iv)replace lines 25 to 31 with the following:

“Lead Commissioner of the Canadian Energy Regulator.

(4) The chairperson must be appointed from the roster, and the persons appointed from the roster may”;

(ab)on page 36,

(i)replace lines 4 and 5 with the following:

“referred to in section 14 and the content of the notice of commencement of the designated project provided to the proponent pursuant to subsection 18(1).

50 (1) The Minister must establish the following rosters:”,

(ii)add the following after line 21:

“(2) In establishing a roster under subparagraph 50(1)(a)(ii), the Minister must consult 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.

(3) In establishing a roster under subparagraph 50(1)(a)(iii), the Minister must consult 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.”,

(iii) replace line 30 with the following: 

“opportunity to participate meaningfully in the manner and to the extent that the review panel considers appropriate in the circumstance, within the”, and

(iv)in the French version,

(A)replace line 6 with the following:

“a) une liste de personnes qui peuvent être nommées”,

(B)replace line 12 with the following:

“b) une liste de personnes qui sont membres de la”, and

(C)replace line 16 with the following:

“c) une liste de personnes qui sont des commissaires”;

(ac)on page 37,

(i) replace line 5 with the following:

“effects are significant,”,

(ii)replace line 13 with the following:

“from the public and any response to those comments received from the proponent, and”,

(iii)replace lines 16 and 17 with the following:

“and recommendations as to whether the designated project should be approved and conditions in relation to adverse effects within federal jurisdiction, including any mitigation measures and follow-up programs it considers appropriate;”, and

(iv)add the following after line 37:

“(4) A review panel conducting a public hearing under this Act may determine the manner in and extent to which a person may participate, taking into account the extent to which the person would be directly affected by the project and whether, in the opinion of the review panel, the person has relevant information or expertise in relation to the matter before the review panel.

(5) A determination of the review panel under subsection (4) is final and conclusive.”;

(ad)on page 39, add the following after line 22:

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

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

(ae)on page 40, replace lines 4 to 6 with the following:

“will not submit its report within the time limit established under paragraph 37(1)(a), including any ex-”;

(af)on page 41,

(i)replace line 9 with the following:

“which those effects are significant.”,

(ii)replace lines 20 to 22 with the following:

“(a) determine if the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of”,

(iii) replace line 31 with the following:

“61 (1) After taking into account the report with respect to”,

(iv)replace line 34 with the following:

“the Minister under section 59, the responsible authority must refer to”,

(v)replace lines 36 to 38 with the following:

“whether the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of the factors re-”, and

(vi)add the following after line 39:

“(2) For the purpose of subsection (1), responsible authority means,

(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister and 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;

(b) in the case of a report prepared by a review panel established under subsection 47(1), the Minister and 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; or

(c) the Minister, in any other case.”;

(ag) on page 42,

(i)replace lines 6 to 8 with the following:

“whether the significant adverse effects within federal jurisdiction — and the significant adverse direct or incidental effects — that are indicated in the report, if any, are, in light of the factors re-”,

(ii)add the following after line 9:

“62.1 (1) Despite any other provision of this Act, any determination under paragraph 60(1)(a) or determination under section 62 must be made no later than the later of

(a) 730 days after the day on which the notice referred to in subsection 19(4) is posted on the Internet site;

(b) in the case of a determination under paragraph 60(1)(a), a date fixed by the order of the Minister on request of the proponent; and

(c) in the case of a determination under section 62, a date fixed by order of the Governor in Council on request of the proponent.

(2) The Agency must post on the Internet site a notice of any extension fixed by an order made under paragraphs (1)(b) and (c), along with any reasons for granting the extension.”,

(iii)replace lines 14 and 15 with the following:

“referred to in that subsection, must be based on the contents of the report with respect to the impact assessment — including the positive and negative consequences of any changes to the environment or to health, social or economic conditions that are indicated in the report — and a consid-”,

(iv) replace lines 17 and 18 with the following:

“(a) the potential environmental, health, social and economic effects of the designated project;

(a.1) any relevant policy on sustainability developed under paragraph 155(h) that has been provided to the proponent under paragraph 18(1)(b) in accordance with regulations made under paragraph 112(1)(a);”,

(v)replace lines 21 and 22 with the following:

“effects are described as significant in the impact assessment report;

(b.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;

(b.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;”,

(vi) replace lines 30 to 34 with the following:

“firmed by section 35 of the Constitution Act, 1982;

(e) consistency with any relevant assessment referred to in section 92, 93 or 95 that has been completed before the notice of commencement was provided to the proponent of the designated project under subsection 18(1); and

(f) federal legislation applicable to the designated project and that relates to the Government of Canada’s environmental obligations and its commitments in respect of climate change as described in any relevant assessment referred to in section 95 that has been completed before the notice of commencement was provided to the proponent of the designated project under subsection 18(1).”,

(vii)replace line 37 with the following:

“section 62, that the significant effects that are indicated in the report”, and

(viii)replace lines 39 and 40 with the following:

“may be, takes into account are in the public interest, or if no significant adverse effects are indicated in the report, the Minister must, taking into consideration the recommendations made in the report with respect to the impact assessment, establish any condition that he or she con-”;

(ah)on page 43,

(i)replace line 3 with the following:

“that the significant effects that are indicated in the report that the”,

(ii) replace lines 5 and 6 with the following:

“takes into account are in the public interest, or if no significant adverse effects are indicated in the report, the Minister must, taking into consideration the recommendations made in the report with respect to the impact assessment, establish any condition that he or she considers ap-”,

(iii)replace line 22 with the following:

“may include”,

(iv)add the following after line 32:

“64.1 A determination under paragraph 60(1)(a) may not be delayed on the basis that, before the notice of commencement of the impact assessment is provided to the proponent under subsection 18(1),

(a) an assessment referred to in sections 92, 93 or 95 was not completed, or

(b) a relevant policy had not been developed under paragraph 155(h).”, and

(v)replace line 35 with the following:

“(a) informs the proponent of any determination made”;

(ai)on page 44,

(i)replace lines 18 to 21 with the following:

“sion statement no later than 90 days after

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

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

(ii)delete lines 26 to 28;

(aj)on page 45,

(i)replace line 4 with the following:

“Act — other than in respect of a uranium mine or mill — designate any condition that is included in the deci-”,

(ii)add the following after line 21:

“(3.1) Sections 120 to 152 do not apply to the administration or enforcement of this Act as it relates to a condition of a decision statement that is issued in relation to a designated project that includes activities that are regulated, as applicable, under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if the condition is a requirement of an authorization issued under the Act in question in relation to that designated project.”, and

(iii)replace line 33 with the following:

“it or to remove, add or amend conditions in a decision statement referred to in subsection 67(1), (2) or (3).”;

(ak)on page 48,

(i)add the following after line 3:

“Judicial Review

74.1 (1) Except as provided for in this Act, the following determinations and decisions are final and conclusive:

(a) the Minister’s decision to designate a physical activity under subsection 9(1);

(b) the Agency’s decision under subsection 16(1) as to whether an impact assessment is required;

(c) the Minister’s decision to refer an impact assessment to a review panel under subsection 36(1);

(d) the Minister’s determination under paragraph 60(1)(a) as to whether the effects referred to in that paragraph are in the public interest; and

(e) the Governor in Council’s determination under section 62 as to whether the effects referred to in that section are in the public interest.

(2) This section does not apply in respect of a report or portion of a report

(a) submitted by the Agency under subsection 28(2) or 59(1); or

(b) by a review panel under paragraph 51(1)(e).

74.2 (1) Judicial review by the Federal Court of Appeal with respect to any determination or decision referred to in subsection 74.1(1) is commenced by making an application for leave to that Court.

(2) The following rules govern an application made under subsection (1):

(a) the application must be filed in the Registry of the Federal Court of Appeal within the 30-day period that begins on the day after the day on which the order, notice, or decision statement that sets out the determination or decision is posted on the Internet site;

(b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application; 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.

(3) If leave is granted for a judicial review of a determination or decision referred to in subsection 74.1(1), the hearing shall be held no later than 60 days after the day on which leave was granted.”,

(ii)replace line 11 with the following:

“paragraph 112(1)(e) or that are part of a class of activities”, and

(iii)replace line 17 with the following:

“nated by regulations made under paragraph 112(1)(e) or”;

(al)on page 50, replace line 22 with the following:

“and that is not a designated project or a physical activity designated by regulations made under paragraph 112(1)(a.2); and”;

(am)on page 51, add the following after line 23:

“(a.1) any decisions made by a provincial authority in respect of the environmental assessment of the designated project or a portion thereof;

(a.2) consistency between the designated project and any law or regulation of a province in which the designated project is located, in whole or in part;”;

(an)on page 54,

(i)replace lines 10 to 13 with the following:

“(a) the Minister must

(i) offer, to any jurisdiction referred to in paragraphs (c) and (d) of the definition jurisdictionin section 2 that the Minister considers appropriate, to enter into an agreement or arrangement respecting”,

(ii) replace lines 25 and 26 with the following:

“(2) If an agreement or arrangement referred to in paragraph (1)(b) is entered into, the”,

(iii)replace line 31 with the following:

“(3) In respect of an agreement or arrangement entered into under subparagraph (1)(a)(i), the Minister must

(a) establish or approve the committee’s terms of reference, including a specified time limit within which the assessment must be completed; and

(b) appoint or approve the appointment of the members of the committee, of which at least one person must have been recommended by the jurisdiction with which the agreement or arrangement was entered into.

94 (1) If the Agency conducts an assessment referred to in”, and

(iv)replace line 33 with the following:

“ate with any municipality that is affected by the carrying out of a designated project or any jurisdiction referred to in paragraphs (a) to”;

(ao)on page 55,

(i)replace line 3 with the following:

“(2) The purpose of an assessment referred to in subsection 92 or 93 includes

(a) improving knowledge of baseline environmental conditions in a region; and

(b) providing information that can be used in an impact assessment to reduce the scope of any studies required and expedite the impact assessment.

95 (1) The Minister may establish a committee — or autho-”,

(ii)add the following after line 10:

“(2) The Minister may, by order, deem any completed assessment of a matter described in paragraph 95(1)(a) or (b) to be an assessment conducted under this section.

95.1 The purpose of an assessment under section 95 includes providing information that can used in an impact assessment to reduce the scope of any studies required and expedite the impact assessment.”, and

(iii)replace lines 26 to 28 with the following:

“may be, must:

(a) take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment; and

(b) include a gender-based analysis of the effects of the policies, plans, programs or issues being assessed.”;

(ap)on page 56, replace lines 3 and 4 with the following:

“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate and within the time period that it specifies, in any assess-”;

(aq)on page 58, replace line 14 with the following:

“ulations made under paragraph 112(1)(f).”;

(ar)on page 59, replace line 6 with the following:

“ulations made under paragraph 112(1)(f).”;

(as)on page 61, replace line 27 with the following:

“class of physical activities and specifying which physical activity or class of physical activities may be designated by the Minister under paragraph 112(1)(a.2);”;

(at)on page 62,

(i)replace line 11 with the following:

“(f) prescribing — other than the time limit referred to in subsection 97(1) — anything that, by this Act, is to be pre-”,

(ii)replace line 27 with the following:

“112 (1) The Minister may make regulations”, and

(iii)add the following after line 36:

“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b) and establishing the conditions that must be met for the purposes of the designation;”;

(au)on page 63,

(i)add the following after line 12:

“(e.1) prescribing the time limit referred to in subsection 97(1);”, and

(ii)add the following after line 18:

“(2) The Minister may make a regulation designating a physical activity or class of physical activities under paragraph (1)(a.2) only after considering an assessment referred to in section 92 or 93 that is in relation to that physical activity or class of physical activities.

(3) A person or entity — federal authority, government or body — that proposes the carrying out of a physical activity that is designated by the Minister under paragraph 112(1)(a.2) or that is part of a class of physical activities that is designated by the Minister under that paragraph must notify the Agency in writing that they propose to do so.

(4) The Statutory Instruments Act does not apply to a regulation made under paragraph 112(1)(a.2).

(5) The Agency must post any regulation made under paragraph 112(1)(a.2) on the Internet site.

112.1 A physical activity or class of physical activities that is designated by the Minister under paragraph 112(1)(a.2) is excluded from the physical activities or class of physical activities that is designated by the Governor in Council under paragraph 109(b) if it meets the conditions established by the Minister.”;

(av)on page 66,

(i)replace line 29 with the following:

“ests of the Inuit;”, and

(ii)replace line 32 with the following:

“ests of the Métis; and

(d) one person recommended by a jurisdiction referred to in paragraph (c) or (d) of the definitionjurisdiction in section 2.”;

(aw)on page 68,

(i)replace line 25 with the following:

“120 (1) The President of the Agency may designate persons or classes”, and

(ii)replace line 29 with the following:

“(2) The President of the Agency must provide every person designated”;

(ax)on page 81, replace line 17 with the following:

“(2) The Minister is responsible for the Agency. The Minister may not, except as provided in this Act, direct the President of the Agency or its employees, or any review panel members, with respect to a report, decision, order or recommendation to be made under this Act.”;

(ay)on page 82,

(i)replace line 4 with the following:

“(c) to promote harmonization in rela-”,

(ii)replace line 18 with the following:

“(h) to develop policy related to this Act;”, and

(iii)replace line 20 with the following:

“ples of Canada on policy issues related to this Act; and

(j) to engage in consultations with municipalities that may be affected by the carrying out of a designated project, particularly consultations with respect to the impacts of a designated project on land use plans and plans for emergency preparedness.”;

(az)on page 84,

(i)replace lines 11 to 14 with the following:

“160 (1) The Governor in Council shall appoint an officer to be the President of the Agency after consultation with the leader of every recognized party in the House of Commons.

(1.1) The President holds office during good behaviour for a term of five years, but may be removed for cause by the Governor in Council.

(1.2) The President has the rank and all the powers of a deputy head of a department.”, and

(ii)replace lines 17 with the following:

“Act as authorized by the Minister. However, the President must not give directions with respect to any particular project report, decision, order or recommendation of a review panel except as otherwise provided in this Act.”;

(ba)on page 85, replace line 28 with the following:

“167 Five years after the day on which this Act comes into”;

(bb)on page 90, add the following after line 26:

“182.1 Any environmental assessment of a designated project by the National Energy Board commenced under the 2012 Act, in respect of which a decision statement has not been issued under section 31 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.”; and

(bc)on page 92, add the following after line 30:

“187.1 (1) A study referred to in subsection 73(1) or 74(1) of the 2012 Act that was commenced under that Act but was not completed before the day on which this Act comes into force is continued as an assessment referred to in section 92 or 93, respectively, of this Act.

(2) A report referred to in section 75 of the 2012 Act is deemed to be a report referred to in subsection 102(1) of this Act that is provided to the Minister on completion of an assessment referred to in section 92 or 93 of this Act.”.

2.Clause 6, page 94: Replace line 19 with the following:

“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and ap-”.

3.Clause 7, page 95:

(a)Replace line 8 with the following:

“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and appoint the”; and

(b)replace lines 21 and 22 with the following:

“Offshore Petroleum Board.

(3.1) A member of the Canada–Newfoundland and Labrador Offshore Petroleum Board may be appointed to a review panel, including as its chairperson.”.

4.Clause 8, pages 95 and 96:

(a)On page 95, replace line 34 with the following:

“Canada-Nova Scotia Offshore Petroleum Board — or who are selected by the Minister after consultation with the Board and the Minister of Natural Resources — and”; and

(b)on page 96, replace line 5 with the following:

“Petroleum Board — or who are selected by the Minister after consultation with the Board and the Minister of Natural Resources — and who may be appointed as mem-”.

5.New clause 8.1, page 96: Add the following after line 7:

“8.1 (1) Subsection 61(2) of the Act is amended by adding the following after paragraph (a):

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

(2) Subsection 61(2) of the Act is amended by striking out “or” and the end of paragraph (b) and by adding the following after paragraph (b):

(b.1) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister and the Minister of Natural Resources; or”.

6.Clause 10, pages 100, 102, 104, 110, 115, 118, 125, 126, 173 to 178, 207, 220, 224, 233 and 272:

(a)On page 100, replace lines 14 and 15 with the following:

“Minister means the Minister of Natural Resources. (ministre)”;

(b)on page 102, add the following after line 19:

“3.1 For greater certainty, nothing in this Act affects the operation of any Act of the legislature of a province that relates to environmental protection.”;

(c)on page 104, delete lines 1 to 3;

(d)on page 110,

(i)replace line 13 with the following:

“27 Subject to paragraph 42(1)(c), subsection 42(2), sections 45 to 47 and sub-”, and

(ii)replace lines 20 and 21 with the following:

“terms of up to six years each.”;

(e)on page 115, replace line 13 with the following:

“(c) specifying the number of commis-”;

(f)on page 118, add the following after line 11:

“(5) The Commission, in conducting a public hearing under this Act may determine the manner in and extent to which a person may participate, taking into account the extent to which the person would be directly affected by the project and whether, in the opinion of the Commission, the person has relevant information or expertise in relation to the matter before the review panel.

(6) A determination of the Commission under subsection (5) is final and conclusive.”;

(g)on page 125,

(i)replace lines 8 to 11 with the following:

“72 (1) Except as otherwise provided for in this Act, every decision or order made under this Act by the Commission, a review panel established under the Impact Assessment Act exercising and performing the powers, duties and functions of the Commission under section 185, the Minister or the Governor in Council is final and conclusive.

(1.1) An appeal from a decision or order of the Commission, a review panel established under the Impact Assessment Act exercising and performing the powers, duties and functions of the Commission under section 185, the Minister or the Governor in Council under this Act on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.”,

(ii)replace lines 18 to 22 with the following:

“(4) For greater certainty, a report submitted by the Com-”, and

(iii)add the following after line 26:

“(5) The filing of a notice of appeal under subsection 72(1.1) does not suspend the operation of a decision or order made under this Act.”;

(h)on page 126,

(i)replace line 16 with the following:

“74 (1) The Regulator may establish processes that the Reg-”,

(ii)replace line 19 with the following:

“Canada and Indigenous organizations — including when public”, and

(iii)add the following after line 20:

“(2) In establishing processes under subsection (1), the Commission may decide on the manner that it considers appropriate for members of the public to participate, taking into account

(a) the degree to which a member of the public is directly affected by the application; and

(b) whether a member of the public has relevant information or expertise regarding the matters to be decided.”;

(i)on page 173,

(i)replace line 3 with the following:

“must prepare and submit to the Minister and Minister of Natural Resources, and make pub-”,

(ii)replace line 21 with the following:

“ly related to the pipeline, and which may include”,

(iii)replace lines 27 to 32 with the following:

“consistency with any order made under section 13 providing the Regulator with directions on policy matters regarding the intersection of sex and gender with other identity factors;

(d) the effects of the project on the rights of Indigenous peoples”, and

(iv)replace line 34 with the following:

“Constitution Act, 1982 and their current use of lands and resources for traditional purposes;”;

(j)on page 174,

(i)replace lines 3 to 8 with the following:

“(j) consistency with any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act regarding the Government of Canada’s environmental obligations and commitments in respect of climate change, if the assessment was completed before the date on which the application was filed;

(k) consistency with any assessment referred to in section 92, 93 or 95 of the Impact Assessment Act — other than one referred to paragraph (j) — if that assessment was completed before the date on which the application for a certificate was filed; and”, and

(ii)add the following after line 11:

“(2.1) The Commission shall not adjourn, defer, deny, refuse or reject an application because an assessment referred to in sections 92, 93 or 95 of the Impact Assessment Act that is related to that application has not been completed.”;

(k)on page 175, replace line 30 with the following:

“(b) prepare and submit to the Minister and Minister of Natural Resources a report on its”;

(l)on page 176, replace line 35 with the following:

“tion 37.1 of that Act;”;

(m)on page 177,

(i)replace lines 22 and 23 with the following:

“(1.1) Despite any other provision of this Act, an order made under subsection (1) must be made within 600 days after the day on which the Commission has received a complete application for a certificate in respect of a pipeline, unless extended by order of the Governor in Council on application of the proponent.

(2) An order made under subsection (1) or (1.1) must include a statement of the reasons for the making of the order. The reasons in relation to an order under subsection (1) must demon-”, and

(ii)replace lines 29 and 30 with the following:

“within 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of the Impact Assessment Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”;

(n)on page 178, replace line 18 with the following:

“Federal Court of Appeal within 30 days after the day”;

(o)on page 207,

(i)replace line 31 with the following:

“(6) In the circumstances prescribed by regulations made under section 291.1, the”, and

(ii)replace line 37 with the following:

“sions of the time limit specified under subsection (4), but in no case may the time limit in subsection (4) be extended past 550 days after the day on which the completed application was received.”;

(p)on page 220,

(i)replace line 38 with the following:

“der section 258; and”, and

(ii)replace lines 40 to 42 with the following:

“tion 259.

291.1 The Regulator may make regulations prescribing, for the purposes of subsection 262(6), the circumstances in which periods may be excluded from the calculation of the time limit.”;

(q)on page 224, replace line 33 with the following:

“(6) In the circumstances prescribed by regulations made under section 312.1, the”;

(r)on page 233, replace line 31 with the following:

“this Part, other than the circumstances referred to in subsection 298(6).

312.1 The Regulator may make regulations prescribing, for the purposes of subsection 298(6), the circumstances in which periods may be excluded from the calculation of the time limit.”; and

(s)on page 272, replace line 10 with the following:

“392 Five years after the day on which this Act comes into”.

7.Clause 12, page 273: Replace line 4 with the following:

“ment day ceases to hold office on that day. For greater certainty, a person who ceases to hold office under this subsection may be appointed a Commissioner under subsection 28(1) of the Canadian Energy Regulator Act.”.

8.Clause 13, page 273: Replace line 23 with the following:

“ment day ceases to hold office on that day. For greater certainty, a person who ceases to hold office under this subsection may be appointed a Commissioner under subsection 28(1) of the Canadian Energy Regulator Act.”.

9.Clause 47, page 284: Replace lines 18 and 19 with the following:

“result of the construction of any work, that is used”.

10. New clause 47.1, page 286: Add the following after line 9:

“47.1 The Act is amended by adding the following after section 2:

2.01 For greater certainty, the definition navigable water in section 2 does not include artificial irrigation channels or drainage ditches.”.

11.Clause 49, pages 287 to 289, 291 and 294:

(a)On page 287, replace lines 9 to 13 with the following:

“4.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister:

(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.

5 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:”;

(b)on page 288, replace line 5 with the following:

“tion”;

(c)on page 289,

(i)replace line 1 with the following:

“(c) the current navigation in that navi-”, and

(ii)replace lines 26 to 29 with the following:

“one that requires the owner to give security in the form of a letter of credit, guar-”;

(d)on page 291,

(i)replace lines 20 to 24 with the following:

“9.1 An owner who 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 may do so if

(a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and

(b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister.

10 (1) An owner who 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 must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning,  may interfere with navigation:”, and

(ii)add the following after line 31:

“(1.1) The Minister shall prepare and cause to be published guidelines in respect of

(a) the form, manner and information referred to in paragraph (1)(a); and

(b) the information, place and manner referred to in paragraph (1)(b).

(1.2) A guideline prepared and published under subsection (1.1) is not a statutory instrument for the purposes of the Statutory Instruments Act.”; and

(e)on page 294,

(i)replace line 2 with the following:

“teration, rebuilding, removal or decommissioning that has the possibility of having a negative effect on navigation, the”, and

(ii)replace lines 37 and 38 with the following:

“(c)an emergency that

(i) poses a risk to public health, safety, the environment or property, or

(ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.”.

12.Clause 59, page 303:

(a)Replace line 22 with the following:

“27 (1) The Minister may, with respect to his or her responsi-”; and

(b)add the following after line 28:

“(2) Before entering into an agreement or arrangement under subsection (1), the Minister must be satisfied that the agreement or arrangement, as the case may be, does not infringe on any rights or privileges conferred by any other agreement or arrangement that has been entered into under that subsection with an Indigenous governing body.

(3) In this section, 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.”.

13.Clause 61, page 305: Replace line 18 with the following:

“(b) designating any works, other than repair or replacement of existing ferry cables, that are likely to substan-”.

14.Clause 62, page 306:

(a)Replace line 11 with the following:

“(e) the past or current navigation in the”; and

(b)replace line 14 with the following:

“who navigate or have navigated”.

15.Clause 102, page 322:

(a)Replace line 3 with the following:

“(f.1) the Governor in Council, when the Governor in”; and

(b)add the following after line 5:

“(f.2) the Impact Assessment Agency of Canada that is continued under section 153 of the Impact Assessment Act;

(f.3) the Minister, when the Minister makes an order under subsection 9(1), a referral under subsection 36(1) or a determination under paragraph 60(1)(a), of the Impact Assessment Act;

(f.4) the Governor in Council, when the Governor in Council makes a determination under section 62 of the Impact Assessment Act;”.

16.Clause 128, page 329: Replace line 1 with the following:

“112(1)(e) of that Act or that are part of a class of activities”.

17.Clause 196, page 357:

(a)Replace line 5 with the following:

“the Governor in Council, which may be no later than the first anniversary of the day on which this Act receives royal assent.”;

(b)replace line 7 with the following:

“section 6, subsections 8(1) and (3) and 8.1(1) come into”; and

(c)replace line 12 with the following:  

“section 7, subsections 8(2) and 8(4) and 8.1(2) come into”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Observations

to the nineteenth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-69)

The committee observes that during its consideration of Bill C-69, it heard from Chief Clarence Easter of Chemawawin Cree Nation who recounted how his community was forced to relocate, in its entirety, when Cedar Lake was flooded in 1964 to create the Grand Rapids Generating Station reservoir. Chief Easter explained that the flooding of Cedar Lake has had significant environmental, social, cultural, financial, spiritual and educational impacts on his people for decades. Chief Easter told the committee that his community has prioritized health, security and the rehabilitation of Cedar Lake, and has worked in partnership with government and industry to co-manage the Cedar Lake resource management area. In light of this testimony, and at the request of Senator Mary Jane McCallum of Manitoba, the committee highlights that Cedar Lake is an example of a situation where the process provided under section 62 of Part 3 of Bill C-69, which amends section 29 of the Navigation Protection Act, could apply whereby the Minister could add Cedar Lake to the schedule of navigable waters.