Report

Report

183 (1) If the Commission considers that an application for a certificate in respect of a pipeline is complete, it must prepare and submit to the Minister, and make public, a report setting out (a) its recommendation as to whether or not the certificate should be issued for all or any part of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and (b) regardless of the recommendation that the Commission makes, all the conditions that it considers necessary or in the public interest to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued. (2) The Commission must make its recommendation taking into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the pipeline, including (a) the environmental effects, including any cumulative environmental effects; (b) the safety and security of persons and the protection of property and the environment; (c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors; (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes; (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; (f) the availability of oil, gas or any other commodity to the pipeline; (g) the existence of actual or potential markets; (h) the economic feasibility of the pipeline; (i) the financial resources, financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline; (j) 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; (k) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and (l) any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application. (3) Any member of the public may, in a manner specified by the Commission, make representations with respect to an application for a certificate. (4) The report must be submitted to the Minister within the time limit specified by the Lead Commissioner. The specified time limit must be no longer than 450 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application. (5) In the circumstances prescribed by regulations made under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must submit the report. The Lead Commissioner must provide reasons for doing so. (6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4). (7) The Commission must make public the time limit specified under subsection (4), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6). (8) To ensure that the report is prepared and submitted in a timely manner, the Minister may, by order, direct the Lead Commissioner to (a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order; (b) give an instruction under section 41, or take any measure under subsection 42(1), that is set out in the order; or (c) give an instruction under section 41 that addresses a matter set out in the order. (9) Orders made under subsection (6) are binding on the Commission and those made under subsection (8) are binding on the Lead Commissioner. (10) Each order made under subsection (8) must be published in the Canada Gazette within 15 days after the day on which it is made. (11) Subject to sections 184 and 186, the report is final and conclusive.