Delegation of authorities pursuant to subsection 154(1) of the Impact Assessment Act

Subsections 9(1) and (2)

Decision to designate, by order, a physical activity that is not prescribed by regulations made under paragraph 109(b) if, in the President’s opinion, the carrying out of that physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects. If the President is of the opinion that the carrying out of the physical activity may cause adverse effects within federal jurisdiction or direct or incidental adverse effects, the President may, in deciding whether to make an order, consider the factors set out in subsection 9(2).

• President

Subsection 9(4)

Obligation to respond with reasons to a request to designate a project (not limited to specific circumstances).

• President

Subsection 9(4)

Obligation to respond with reasons to a request to designate a project, limited to the circumstances when:

1. The request contains insufficient information to consider the request;
2. Multiple requests have been received for the same project and a negative decision has already been issued by the Minister of the Environment or the President;
3. The request relates to a project already designated under the Physical Activities Regulations; or,
4. The designation is not allowed by the Minister of the Environnement, as per subsection 9(7) of the Impact Assessment Act, because a physical activity has “substantially begun,” or because a federal authority has exercised a power or performed a duty or function permitting the physical activity to be carried out, in whole or in part.

• President
• Vice-President, Operations

Subsections 28(6) and 37(3)

Extend the statutory time limit by up to 90 days to allow cooperation with a jurisdiction or to take into account circumstances specific to a designated project, limited to the circumstances when:

1. Another jurisdiction makes a request to extend the time limit, and the jurisdiction identifies a specific reason the extension is needed, in order to coordinate with that jurisdiction.
2. Additional time is needed for the Agency to consult Indigenous Peoples on potential impacts of a designated project on Indigenous rights.

• President

Section 43

Obligation to refer a designated project that includes physical activities regulated under the Nuclear Safety and Control Act or the Canadian Energy Regulator Act to a review panel.

• President
• Vice-President, Operations

Subsection 97(1)

Obligation to respond, with reasons and within the prescribed time limit, to a request for a strategic or regional assessment, limited to the circumstances when:

1. The request contains insufficient information to consider the request; or
2. Multiple requests have been received for the same strategic or regional assessment and a negative decision has already been issued by the Minister of the Environment.

• President
• Vice-President, Operations

Subsection 107(1)(b)

In administering the disclosure of records pursuant to the Impact Assessment Act through the Canadian Impact Assessment Registry, determine whether:

1. A record would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act; or,
2. There are reasonable grounds to believe that it would be in the public interest to disclose a record because it is required for the public to participate effectively in the Agency’s preparations for a possible impact assessment or the impact assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.

• President
• Vice-President, Operations

Subsection 117(2)

Appoint members to the Minister’s Advisory Council established under s. 117 of the Impact Assessment Act, including a chairperson.

• President