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

ss. 9 (1), (2) and (4)

Decision whether 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).

Obligation to respond with reasons to a request to designate a project.

• President

s. 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.

• Vice-President, Operations

s. 17(1)

Obligation to provide a written notice to the proponent, limited to the circumstances when a federal authority has advised the Minister of the Environment or the President, before the Agency provides the proponent of a designated project with a notice of the commencement of the impact assessment of the designated project under subsection 18(1), that it will not be exercising a power conferred on it under an Act of Parliament other than the Impact Assessment Act that must be exercised for the project to be carried out in whole or in part.

The written notice to the proponent must set out the reasons why the federal authority will not exercise its power.

• President

ss. 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

s. 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

s. 68(1), (2) and (3); and s. 72(1)

Decision to amend a decision statement, including to add or remove a condition, to amend any condition or to modify the designated project’s description [s. 68(1)] – as long as the President is of the opinion that doing so will not increase the extent to which the effects that are indicated in the report with respect to the impact assessment of the designated project are adverse.

The President may add or amend a condition only if the new or amended condition could be established under subsection 64(1) or (2). Subsection 64(3) applies with respect to the new or amended condition if it could be established under subsection 64(2).

Power to require the proponent to provide any information considered necessary for the purpose of amending the decision statement.

• President

s. 70(2)

Decision to extend the period within which the proponent must substantially begin to carry out the designated project by any period that the President considers reasonable after taking into account any comments received from the public, while providing notice with reasons on the Internet site.

• President

s. 71

Revoke a decision statement if the proponent advises the Minister of the Environment or the President in writing that the designated project will not — or will no longer — be carried out.

• President
• Vice-President, Operations

s. 73

Where the impact assessment of the designated project has been referred to a review panel — terminate the impact assessment if the proponent advises in writing that the designated project will not be carried out.

• President
• Vice-President, Operations

s. 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

s. 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

s. 114(1)(b)

Appointment of members of research and advisory bodies in the area of impact assessment, and with respect to the interests and concerns of Indigenous peoples of Canada. The power to establish research and advisory bodies pursuant to paragraph 114(1)(b) is retained by the Minister.

• President

s. 114(3)

Obligation to provide reasonable public notice of, and a reasonable opportunity for anyone to comment on, draft agreements or arrangements or criteria under this section.

• President

s. 117(2)

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

• President