Vol. 147, No. 14 — July 3, 2013


SI/2013-69 July 3, 2013


Order Fixing July 3, 2013 as the Day on which Certain Sections of the Act Come into Force

P.C. 2013-824 June 18, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 115(2) and sections 121 and 131 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, fixes July 3, 2013 as the day on which sections 86 to 88, 91, 98, 116 to 119, 122, 129 and 130 of that Act come into force.


(This note is not part of the Order.)

The Jobs, Growth and Long-term Prosperity Act (the Act) received Royal Assent on June 29, 2012. The purpose of the Order in Council is to fix July 3, 2013 as the day sections 86 to 88, 91, 98, 116 to 119, 122, 129 and 130 come into force, pursuant to subsection 115(2), 121 and 131 of the Act. The legislative provisions to be brought into force with the proposed Order are part of a broader federal government initiative aimed at improving the regulatory review process for major projects. The initiative (known as the plan for Responsible Resource Development) focuses on achieving timely and predictable regulatory reviews, reducing regulatory duplication, enhancing Aboriginal consultations, and strengthening protection of the environment and safety.

Section 98 of the Act amends the National Energy Board Act (NEBA)and sections 122, 129 and 130 amend the Nuclear Safety and Control Act (NSCA) to enable the creation of an Administrative Monetary Penalties (AMPs) system to better obtain compliance with safety and security measures and protect the public and the environment. The AMPs system will allow for the enforcement of requirements using an administrative process as an alternative to prosecuting offences through the courts.

Sections 86 to 88, 91, and 116 to 119 also amend NEBA and the Canada Oil and Gas Operations Act (COGOA), respectively, to permit the National Energy Board (NEB) to assume responsibility for review of applications for NEB-regulated international and interprovincial pipelines and power lines, and pipelines subject to COGOA that pass in, on, over, under, through and across navigable waters. This enables a single regulator, the NEB, to undertake a comprehensive review of project applications, including an assessment of impacts on commercial and recreational navigation and navigation safety. Previously, separate applications and authorizations for navigable waters review were required by Transport Canada under NEBA. Amendments to COGOA formalize navigation and navigation safety as subject to the NEB’s project review process.