Environmental, Indigenous and Natural Resources Blog

Bill C-69 received Royal Assent on June 21, 2019 but did not come into force at that time. The Governor in Council has now ordered that the federal Impact Assessment Act (“IAA”) and the Canadian Energy Regulator Act (“CERA”) will come into force on August 28, 2019, concurrent with the repeal of the Canadian Environmental Assessment Act, 2012 and the National Energy Board Act. Most of the amendments to the Navigation Protection Act (now to be called the Canadian Navigable Waters Act) will also come into force on August 28, 2019.

As a result, the Canadian Environmental Assessment Agency will transition to the Impact Assessment Agency, and the National Energy Board will transition to the Canadian Energy Regulator.

Certain related regulations will also come into effect on August 28, 2019, including the Physical Activities Regulations (the new Project List) and the Information and Management of Time Limits Regulations, both under the Impact Assessment Act. These regulations are scheduled to be published in the Canada Gazette, Part II on August 21, 2019, but in the meantime unofficial copies may be found at the following links:

• Physical Activities Regulations (unofficial)
• Information and Management of Time Limits Regulations (unofficial)

Stay tuned or subscribe to our Project Law Blog for more information on the regulations and the implementation of these changes.

Among the extensive changes to the Canadian environmental legislation introduced through Bill C-69, the Federal Government will also amend the current Navigation Protection Act and rename it the Canadian Navigable Waters Act ("CNWA"). Key changes to the navigable waters regime include:

• A comprehensive statutory definition of 'navigable water' that broadens the ...