Regulations Amending the Information and Management of Time Limits Regulations (Miscellaneous Program): SOR/2024-180

Canada Gazette, Part II, Volume 158, Number 21

Registration
SOR/2024-180 September 18, 2024

IMPACT ASSESSMENT ACT

The Minister of the Environment makes the annexed Regulations Amending the Information and Management of Time Limits Regulations (Miscellaneous Program) under section 112^{footnote a} of the Impact Assessment Act ^{footnote b}.

Ottawa, September 13, 2024

Steven Guilbeault
Minister of the Environment

Regulations Amending the Information and Management of Time Limits Regulations (Miscellaneous Program)

Amendments

1 Paragraph 2(a) of the Information and Management of Time Limits Regulations ^{footnote 1} is replaced by the following:

• (a) any activity related to a request to designate a physical activity or to a designated project, if the proponent submits a written request to the Agency in that regard;

2 (1) The portion of section 4 of the Regulations before paragraph (a) is replaced by the following:

Information for detailed description of project

4 For the purposes of subsection 15(1.1) of the Act, the information that is to be provided in a detailed description of a designated project is set out in Schedule 2 and must

(2) Section 4 of the Regulations is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

3 The portion of item 19 of Schedule 1 to the Regulations before paragraph (a) is replaced by the following:

• 19 A list of any non-negligible adverse changes — to the following components of the environment that are within the legislative authority of Parliament — that may be caused by the carrying out of the project:

4 Items 20 to 22 of Schedule 1 to the Regulations are replaced by the following:

• 20 A list of any non-negligible adverse changes to the environment — that would occur on federal lands — that may be caused by the carrying out of the project.
• 20.1 A list of any non-negligible adverse changes to the marine environment — that are caused by pollution and that would occur outside Canada — that may be caused by the carrying out of the project.
• 20.2 A list of any non-negligible adverse changes to interprovincial waters or to boundary waters or international waters, as those terms are defined in subsection 2(1) of the Canada Water Act, — that are caused by pollution — that may be caused by the carrying out of the project.
• 21 With respect to the Indigenous peoples of Canada, a brief description of any non-negligible adverse impacts on physical and cultural heritage, the current use of lands and resources for traditional purposes or any structure, site or thing that is of historical, archaeological, paleontological or architectural significance — occurring in Canada and resulting from any change to the environment — that may be caused by the carrying out of the project, based on information that is available to the public or derived from any engagement undertaken with the Indigenous peoples of Canada.
• 22 A brief description of any non-negligible adverse changes occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada, that may be caused by the carrying out of the project, based on information that is available to the public or derived from any engagement undertaken with the Indigenous peoples of Canada.
• 22.1 If the project is to be carried out on federal lands or is a federal work or undertaking, as defined in subsection 3(1) of the Canadian Environmental Protection Act, 1999, a list of any non-negligible adverse effects that may be caused by the carrying out of the project.

5 Item 3 of Schedule 2 to the Regulations is replaced by the following:

• 3 A summary of the results of any engagement undertaken with any jurisdiction or other party.

6 Item 4 of Schedule 2 to the Regulations is amended by striking out “and” at the end of paragraph (a) and by repealing paragraph (b).

7 The portion of item 19 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:

• 19 A description of any non-negligible adverse changes — to the following components of the environment that are within the legislative authority of Parliament — that may be caused by the carrying out of the project:

8 Items 20 to 22 of Schedule 2 to the Regulations are replaced by the following:

• 20 A description of any non-negligible adverse changes to the environment — that would occur on federal lands — that may be caused by the carrying out of the project.
• 20.1 A description of any non-negligible adverse changes to the marine environment — that are caused by pollution and that would occur outside Canada — that may be caused by the carrying out of the project.
• 20.2 A description of any non-negligible adverse changes to interprovincial waters or to boundary waters or international waters, as those terms are defined in subsection 2(1) of the Canada Water Act — that are caused by pollution — that may be caused by the carrying out of the project.
• 21 With respect to the Indigenous peoples of Canada, a description of any non-negligible adverse impacts on physical and cultural heritage, the current use of lands and resources for traditional purposes or any structure, site or thing that is of historical, archaeological, paleontological or architectural significance — occurring in Canada and resulting from any change to the environment — that may be caused by the carrying out of the project, based on information that is available to the public or derived from any engagement undertaken with the Indigenous peoples of Canada.
• 22 A description of any non-negligible adverse changes occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada, that may be caused by the carrying out of the project, based on information that is available to the public or derived from any engagement undertaken with the Indigenous peoples of Canada.
• 22.1 If the project is to be carried out on federal lands or is a federal work or undertaking, as defined in subsection 3(1) of the Canadian Environmental Protection Act, 1999, a description of any non-negligible adverse effects that may be caused by the carrying out of the project.

Coming into Force

9 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In response to the October 2023 decision of the Supreme Court of Canada in Reference re Impact Assessment Act, legislative amendments to the Impact Assessment Act (IAA) [S.C. 2019, c. 28, s. 1] came into force on June 20, 2024. As a result, minor consequential amendments are required to the Information and Management of Time Limits Regulations (the Regulations) [SOR/2019-283] to ensure consistency in language and remove duplicative requirements between the Regulations and the enabling statute.

The regulatory amendments will also fix pre-existing but minor procedural discrepancies in the IAA that have become apparent since the Regulations were made in 2019.

Objective

The amendments have the following objectives:

• to eliminate unnecessary duplication of text resulting from amendments to the enabling statute;
• to harmonize terms used in the Regulations with those used in the enabling statute; and
• to correct minor procedural discrepancies between the Regulations and the enabling statute.

Description and rationale

These technical amendments amend the following sections in the Information and Management of Time Limits Regulations.

Regulatory amendment to correct minor procedural discrepancies in the IAA

Paragraph 2(a) in the body of the Regulations is amended to correct a procedural discrepancy between the Regulations and the IAA. The amended Regulations require that requests for time limit suspensions be submitted to “the Agency,” rather than to the Minister, in order to align with the relevant provisions in subsections 9(5), 18(5), 28(9), 36(3) and 37(6) of the IAA. The IAA provisions provide the Impact Assessment Agency of Canada (IAAC), rather than the Minister, with the power to suspend time limits in respect of any activity related to the request to designate a physical activity or to the designated project, if the proponent submits a written request. This minor amendment will improve consistency with the legislative framework and make the process more efficient by ensuring the submission goes directly to the IAAC.

Paragraph 2(a) in the body of the Regulations is also amended to clarify that the time limit suspensions may apply to activities related to requests to designate a physical activity, rather than only applying to activities related to a project that is already designated, as the current wording implies. Aligning with subsection 9(5) and paragraph 112(1)(c) of the IAA, as well as with the chapeau of section 2 in the Regulations, which include the time limit to respond to designation requests as among the list of time limits for which suspensions may apply, reflects the legislative intent as well as how the provision has been implemented in practice.

Consequential amendments to align the Regulations with the amended IAA

Paragraph 4(c) of the body of the Regulations is repealed. Paragraph 4(c) requires the proponent to include, within the detailed project description, a response to the summary of issues that the IAAC considers relevant. In the new subsection 15(1.1) of the IAA, the detailed project description is discretionary, but the requirement to respond to the summary of issues remains mandatory in all cases. It is therefore duplicative with the IAA, and irrelevant and potentially confusing in instances where a detailed project description is not required, to keep this requirement in the Regulations. As a result, it is being removed.

Section 3 of Schedule 2 is amended, and paragraph 4(b) of Schedule 2 of the Regulations is repealed. Section 3 requires the proponent to provide a summary of the results of any engagement undertaken with any jurisdiction or other party, including a description of how the proponent intends to address the issue raised in the summary of issues. Paragraph 4(b) requires the proponent to describe how it intends to address issues raised in the summary of the results of engagement undertaken with the Indigenous peoples of Canada. The amended subsection 15(1) of the IAA incorporates the description of how the proponent will address the summary of issues previously contained in section 3 and paragraph 4(b) of Schedule 2 and now requires the notice (i.e. the proponent’s response to the summary of issues) to be provided in all instances, separately from the detailed project description. As a result, information requirements related to the notice that were previously provided in the detailed project description were duplicative and have been removed from the Regulations.

Part E of Schedule 1 and Part F of Schedule 2 of the Regulations, which set out the information requirements specific to the potential effects of the project within federal jurisdiction, are amended to align the list of effects within federal jurisdiction to the amended definition of “adverse effects within federal jurisdiction” at section 2 of the IAA.

One-for-one rule

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

Small business lens

Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.

Consultation

These regulatory amendments were made under the miscellaneous program and, as such, were not prepublished in the Canada Gazette, Part I, as they are minor consequential non-substantive amendments, which do not have any material impact on stakeholders.

Contact

Sarah Jackson
Director
Legislative and Regulatory Affairs
Impact Assessment Agency of Canada
Email: regulations-reglements@iaac-aeic.gc.ca