Friday, October 2, 2026
Review Gap
On 3 September 2026 a Canada Gazette amendment took pipelines, in situ oil sands and fossil-gas plants out of Impact Assessment Act review. It was law for six days before it was published. Read against the regulation, it does three different things — and only one of them made the
Ten things
- The amended Impact Assessment Act does not carry an equivalent express duty, because greenhouse gases were narrowed out of federal jurisdiction in 2024 — before this instrument existed.
- Greenhouse gas emissions stopped being an adverse effect within federal jurisdiction in 2024, after the Supreme Court found parts of the Act exceeded federal power.
- It defeats entries still printed in the schedule — a new offshore oil and gas pipeline is still listed at section 40 and is still excluded — and it will defeat entries added in future without anyone amending the list again.
- The expansion of an existing fossil fuel-fired power generating facility, if the expansion would result in an increase in production capacity of 50% or more and a total production capacity of 200 MW or more.
- The expansion of an existing in situ oil sands extraction facility, if the expansion would result in an increase in bitumen production capacity of 50% or more and a total bitumen production capacity of 2 000 m³/day or more, subject to the same provincial greenhouse-gas condition.
- The construction, operation, decommissioning and abandonment of a new pipeline, as defined in section 2 of the Canadian Energy Regulator Act, other than an offshore pipeline, that requires a total of 75 km or more of new right of way.
- The physical activities set out in the schedule — other than the construction, operation, decommissioning and abandonment of a regulated facility as defined in section 2 of the Canadian Energy Regulator Act, if those activities are regulated under that Act — are designated.
- The construction, operation, decommissioning and abandonment of a new hydroelectric generating facility with a production capacity of 200 MW or more, and specified tidal facilities.
- 183(2)(j) — the Commission must consider the extent to which the effects of the pipeline hinder or contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change.
- 183(1) — the Commission must prepare, submit to the Minister and make public a report setting out its recommendation and the reasons for it, plus every condition it considers necessary.
Five questions
Which term completes this sourced statement? “The amended Impact _____ Act does not carry an equivalent express duty, because greenhouse gases were narrowed out of federal jurisdiction in 2024 — before this instrument existed.”
Which term completes this sourced statement? “It defeats entries still printed in the _____ — a new offshore oil and gas pipeline is still listed at section 40 and is still excluded — and it will defeat entries added in future without anyone amending the list again.”
Which term completes this sourced statement? “The expansion of an existing in situ oil sands extraction facility, if the expansion would result in an increase in bitumen production capacity of 50% or more and a total bitumen production capacity of 2 000 m³/day or more, subject to the same provincial _____ condition.”
Which term completes this sourced statement? “The physical activities set out in the schedule — other than the construction, operation, decommissioning and abandonment of a regulated facility as defined in section 2 of the _____ Energy Regulator Act, if those activities are regulated under that Act — are designated.”
Which term completes this sourced statement? “183(2)(j) — the _____ must consider the extent to which the effects of the pipeline hinder or contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change.”