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 (S.C. 2019, c. 28)
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Assented to 2019-06-21
PART 4Consequential and Coordinating Amendments and Coming into Force (continued)
Consequential Amendments (continued)
R.S., c. P-21Privacy Act
Marginal note: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-36Public Service Superannuation Act
Marginal note: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
Marginal note:1994, c. 10, s. 16(3)
147 Subsection 28(7) of the Canada Petroleum Resources Act is replaced by the following:
Marginal note: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.
Marginal note:1994, c. 10, s. 17(2)
148 Subsection 35(4) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:2015, c. 4, s. 34(8)
(2) The portion of subsection 101(10) of the Act before paragraph (a) is replaced by the following:
Marginal note: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
Marginal note:2015, c. 4, s. 35
150 (1) Subsection 101.1(1) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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);
Marginal note: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.
Marginal note:2015, c. 4, s. 35
(4) The portion of subsection 101.1(4) of the Act before paragraph (a) is replaced by the following:
Marginal note: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
Marginal note: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
Marginal note: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.
Marginal note:2015, c. 4, s. 35
(7) Subsection 101.1(6) of the Act is replaced by the following:
Marginal note: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).
Marginal note:2015, c. 4, s. 35
(8) Subsection 101.1(7) of the English version of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.28Canada-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:
Marginal note: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:
Marginal note: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:
Marginal note: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. 3Canadian 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. 41Hibernia Development Project Act
Marginal note: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. 30Public 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. 34Transportation of Dangerous Goods Act, 1992
Marginal note: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. 43Yukon 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. 25Mackenzie Valley Resource Management Act
Marginal note: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
Marginal note:2014, c. 2, s. 217
165 Section 137.3 of the Act is replaced by the following:
Marginal note: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.
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