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)

2005, c. 48First Nations Oil and Gas and Moneys Management Act

Marginal note: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:

2009, c. 14, s. 126Environmental Violations Administrative Monetary Penalties Act

Marginal note:2012, c. 19, s. 54

180 Subsection 5(3.1) of the Environmental Violations Administrative Monetary Penalties Act is replaced by the following:

2012, c. 31, s. 179Bridge To Strengthen Trade Act

181 Section 4 of the Bridge To Strengthen Trade Act is replaced by the following:

2013, c. 14, s. 2Nunavut Planning and Project Assessment Act

182 Schedule 2 to the Nunavut Planning and Project Assessment Act is amended by striking out the following:

183 Schedule 2 to the Act is amended by adding the following, in alphabetical order:

2014, c. 2Northwest 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:

2014, c. 2, s. 2Northwest Territories Act

185 Subsection 22(2) of the Northwest Territories Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.

Terminology

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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:

  Marginal note: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:

  Marginal note: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.

• (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:

  Marginal note: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:

  Marginal note: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.

Marginal note: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.