An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
Full Document:
Assented to 2003-06-11
An Act to amend the Canadian Environmental Assessment Act
S.C. 2003, c. 9
Assented to 2003-06-11
An Act to amend the Canadian Environmental Assessment Act
SUMMARY
This enactment implements the results of the statutory review of the Canadian Environmental Assessment Act conducted by the Minister of the Environment. It establishes a federal environmental assessment coordinator for projects that undergo screening or comprehensive study-level assessment. It modifies the comprehensive study process to prevent a second environmental assessment of a project by review panel, while extending the participant funding program to comprehensive studies. This enactment expands existing regulation-making authority for projects on federal lands, provides a new use for class screening reports as a replacement for project-specific assessments and makes follow-up programs mandatory for projects after a comprehensive study or review panel.
To provide Canadians with access to information about the environmental assessment of specific projects, this enactment creates the Canadian Environmental Assessment Registry. It requires that the Canadian Environmental Assessment Agency establish and lead a quality assurance program, promote and monitor compliance and assist relevant parties in building consensus and resolving disputes.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 37CANADIAN ENVIRONMENTAL ASSESSMENT ACT
1. (1) The definitions “comprehensive study” and “exclusion list” in subsection 2(1) of the Canadian Environmental Assessment Act are replaced by the following:
“comprehensive study”
« étude approfondie »
“comprehensive study” means an environmental assessment that is conducted pursuant to sections 21 and 21.1, and that includes a consideration of the factors required to be considered pursuant to subsections 16(1) and (2);
“exclusion list”
« liste d’exclusion »
“exclusion list” means a list of projects or classes of projects that have been exempted from the requirement to conduct an assessment by regulations made under paragraph 59(c) or (c.1);
Marginal note:1998, c. 15, subpar. 50(b)(i)
(2) The portion of the definition “federal authority” in subsection 2(1) of the Act after paragraph (a) is replaced by the following:
(b) an agency of the Government of Canada, a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or pursuant to an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs,
(c) any department or departmental corporation set out in Schedule I or II to the Financial Administration Act, and
(d) any other body that is prescribed pursuant to regulations made under paragraph 59(e),
but does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada, the Canada Pension Plan Investment Board, a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;
Marginal note:Coming into force
(2.1) Subsection (2) comes into force on the day that is three years after the day on which this Act receives royal assent.
Marginal note:1998, c. 15, subpar. 50(b)(ii)
(3) Paragraph (a) of the definition “federal lands” in subsection 2(1) of the Act is replaced by the following:
(a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut,
(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“Registry”
« registre »
“Registry” means the Canadian Environmental Assessment Registry established under section 55;
(5) Subsection 2(2) of the Act is replaced by the following:
Extended meaning of “administration of federal lands”
(2) In so far as this Act applies to Crown corporations, the expression “administration of federal lands” includes the ownership or management of those lands.
(6) Section 2 of the Act is amended by adding the following after subsection (2):
Marginal note:For greater certainty
(3) For greater certainty, any construction, operation, modification, decommissioning, abandonment or other undertaking in relation to a physical work and any activity that is prescribed or is within a class of activities that is prescribed for the purposes of the definition “project” in subsection (1) is a project for at least so long as, in relation to it, a person or body referred to in subsection 5(1) or (2), 8(1), 9(2), 9.1(2), 10(1) or 10.1(2) is considering, but has not yet taken, an action referred to in those subsections.
Marginal note:1993, c. 34, s. 19(F)
2. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:
Marginal note:Purposes
4. (1) The purposes of this Act are
(a) to ensure that projects are considered in a careful and precautionary manner before federal authorities take action in connection with them, in order to ensure that such projects do not cause significant adverse environmental effects;
(2) Subsection 4(1) of the Act is amended by adding the following after paragraph (b.1):
(b.2) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessment processes for projects;
(b.3) to promote communication and cooperation between responsible authorities and Aboriginal peoples with respect to environmental assessment;
(3) Paragraph 4(1)(d) of the Act is replaced by the following:
(d) to ensure that there be opportunities for timely and meaningful public participation throughout the environmental assessment process.
(4) Section 4 of the Act is amended by adding the following after subsection (1):
Marginal note:Duties of the Government of Canada
(2) In the administration of this Act, the Government of Canada, the Minister, the Agency and all bodies subject to the provisions of this Act, including federal authorities and responsible authorities, shall exercise their powers in a manner that protects the environment and human health and applies the precautionary principle.
Marginal note:1994, c. 26, s. 23(F)
3. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exclusions
7. (1) An assessment of a project is not required under section 5 or sections 8 to 10.1, where
(2) Subsection 7(2) of the Act is replaced by the following:
Marginal note:Exclusions
(2) For greater certainty, an assessment is not required under any of the provisions referred to in this subsection where a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — or a person or body exercises a power or performs a duty or function referred to in paragraph 5(1)(b), 9(2)(b), 9.1(2)(b) or 10(1)(b) — in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed.
4. Section 8 of the Act is replaced by the following:
Marginal note:Assessments by certain Crown corporations
8. (1) A Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is not a federal authority shall, if regulations have been made in relation to it under paragraph 59(j) and have come into force, ensure that, before it exercises a power or performs a duty or function referred to in any of paragraphs 5(1)(a) to (d) in relation to a project, an environmental assessment of the project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
Marginal note:Where a minister has no duty
(2) Notwithstanding section 5, a Minister of the Crown in right of Canada is not required to ensure that an environmental assessment of a project is conducted by reason only of that minister’s authorization or approval under any other Act of Parliament or any regulations made under such an Act of the exercise of a power or performance of a duty or function referred to in paragraph 5(1)(a), (b) or (c) in relation to the project by a Crown corporation within the meaning of the Financial Administration Act.
Marginal note:Precedence of federal authority
(3) If a Crown corporation is the proponent of a project and proposes to do any act or thing that commits it to carrying out the project in whole or in part and a federal authority other than the Crown corporation is required under paragraph 5(1)(d) to ensure the conduct of an environmental assessment of that project, the Crown corporation is not required to ensure that an environmental assessment of the project is conducted but, for greater certainty, it may accept a delegation from the federal authority under section 17.
Marginal note:1998, c. 10, s. 165
5. Sections 9 and 10 of the Act are replaced by the following:
Marginal note:Assessments by harbour commissions and port authorities
9. (1) The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act shall, if regulations have been made under paragraph 59(k) and have come into force, ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
Marginal note:Projects
(2) The environmental assessment of a project under this section shall be conducted where
(a) a person or body referred to in subsection (1) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;
(b) a person or body referred to in subsection (1) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;
(c) a person or body referred to in subsection (1) sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;
(d) under a provision prescribed under paragraph 59(k.1), a person or body referred to in subsection (1) issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or
(e) in circumstances prescribed by regulations made under paragraph 59(k.2), a project is to be carried out in whole or in part on federal lands over which a person or body referred to in subsection (1) has administration or management.
Marginal note:Prescribed authorities
9.1 (1) If regulations have been made under paragraph 59(k.3) and have come into force, an authority prescribed by those regulations shall ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
Marginal note:Projects
(2) The environmental assessment of a project under this section shall be conducted where
(a) the project is to be carried out on federal lands and the prescribed authority is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;
(b) the project is to be carried out on federal lands and the prescribed authority makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;
(c) the prescribed authority sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;
(d) the prescribed authority, under a provision prescribed under paragraph 59(k.4), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or
(e) in circumstances prescribed by regulations made under paragraph 59(k.5), a project is to be carried out in whole or in part on federal lands over which the prescribed authority has administration or management or any right or interest specified in those regulations.
Marginal note:Assessments by band councils under regulations
10. (1) If a project is to be carried out in whole or in part on a reserve that has been set apart for the use and benefit of a band and that is subject to the Indian Act, the council of the band for whose use and benefit the reserve has been set apart shall, if regulations that apply to the band have been made under paragraph 59(l) and have come into force, ensure that an environmental assessment of the project is conducted in accordance with those regulations before the band council exercises one of the following powers or performs one of the following duties or functions in respect of the project, namely, where the band council
(a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;
(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent of the project for the purpose of enabling the project to be carried out in whole or in part, including financial assistance in the form of any reduction, avoidance, deferral, removal, refund, remission or other form of relief from the payment of any tax; or
(c) takes any action under a provision prescribed under paragraph 59(l.001) for the purpose of enabling the project to be carried out in whole or in part.
Marginal note:Timing of assessment
(2) Where an environmental assessment of a project is required under subsection (1), the band council shall ensure that the assessment is conducted as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
Marginal note:Assessments — CIDA
10.1 (1) The Canadian International Development Agency shall, if regulations have been made under paragraph 59(l.01) and have come into force, ensure that an environmental assessment of a project is conducted under this section in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
Marginal note:Projects
(2) An environmental assessment of a project under this section is required to be conducted where the Canadian International Development Agency
(a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; or
(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance for the purpose of enabling the project to be carried out in whole or in part.
Marginal note:Replacement for environmental assessment
(3) The application of subsection 5(1) to the Canadian International Development Agency is suspended while regulations referred to in subsection (1) are in force.
6. The Act is amended by adding the following after section 11:
Marginal note:Ministerial orders
11.1 (1) The Minister or the minister through whom the responsible authority is accountable to Parliament for the conduct of its affairs in respect of a project being assessed under this Act — or, if there is more than one responsible authority in respect of a project, the ministers together — may, by order, prohibit a proponent from doing, until the day on which the responsible authority or authorities take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1), any act or thing that carries out the project being assessed in whole or in part and that would alter the environment.
Marginal note:Order in force
(2) An order under subsection (1) takes effect on the day on which it is made.
Marginal note:Approval of Governor in Council
(3) The order ceases to have effect 14 days after it is made unless, within that period, it is approved by the Governor in Council.
Marginal note:Exemption from application of Statutory Instruments Act
(4) The order is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.
Marginal note:Injunction
11.2 (1) If, on the application of the Attorney General of Canada or any interested person, it appears to a court of competent jurisdiction that an order made under section 11.1 has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would contravene the order, until the day on which the responsible authority or authorities referred to in that section take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1).
Marginal note:Notice
(2) At least forty-eight hours before an injunction is issued under subsection (1), notice of the application shall be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.
7. The Act is amended by adding the following after section 12:
Federal Environmental Assessment Coordinator
Marginal note:Role
12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants.
Marginal note:Duties
12.2 The federal environmental assessment coordinator shall
(a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified;
(b) coordinate their involvement throughout the environmental assessment process;
(c) coordinate the responsible authorities’ fulfilment of their obligations under subsection 55.3(1), paragraph 55.4(1)(a) and section 55.5;
(d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and
(e) coordinate the federal authorities’ involvement with other jurisdictions.
Marginal note:Powers
12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may
(a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project;
(b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and
(c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation.
Marginal note:Agency as coordinator
12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if
(a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or
(b) the project is described in the comprehensive study list.
Marginal note:Responsible authority as coordinator
(2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is
(a) the sole responsible authority in relation to the project; or
(b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities or, if they have not selected one within a reasonable time, the one that is designated by the Agency.
Marginal note:Coordinator by agreement
(3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except
(a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or
(b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree.
Marginal note:For greater certainty
(4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project.
Marginal note:Obligation to comply with coordinator’s requests
12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions.
8. The Act is amended by adding the following after section 16:
Marginal note:Community knowledge and aboriginal traditional knowledge
16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment.
Marginal note:Regional studies
16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a project in the region, particularly in considering any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out.
Marginal note:Publication of determinations
16.3 The responsible authority shall document and make available to the public, pursuant to subsection 55(1), its determinations pursuant to section 20.
Marginal note:1993, c. 34, s. 23(1)(F)
9. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Screening
18. (1) Where a project is not described in the comprehensive study list or the exclusion list made under paragraph 59(c), the responsible authority shall ensure that
(2) Subsection 18(3) of the Act is replaced by the following:
Marginal note:Public participation
(3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances — or where required by regulation — the responsible authority
(a) shall, before providing the public with an opportunity to examine and comment on the screening report, include in the Internet site a description of the scope of the project, the factors to be taken into consideration in the screening and the scope of those factors or an indication of how such a description may be obtained;
(b) shall give the public an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before taking a course of action under section 20 and shall give adequate notice of that opportunity; and
(c) may, at any stage of the screening that it determines, give the public any other opportunity to participate.
Marginal note:Timing of public participation
(4) The responsible authority’s discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c).
Marginal note:1993, c. 34, s. 24(F)
10. Section 19 of the Act is replaced by the following:
Marginal note:Class screening reports
19. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied.
Marginal note:Use of class screening report
(2) The declaration shall include a statement that the class screening report may be used as
(a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or
(b) a model for streamlining the screening required by section 18 for projects of the class.
Marginal note:Public notice and consideration of public comments
(3) The Agency shall, before making a declaration pursuant to subsection (1),
(a) publish, in any manner it considers appropriate, a notice setting out the following information, namely,
(i) the date on which the draft report will be available to the public,
(ii) the place at which copies of it may be obtained, and
(iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and
(b) take into consideration any comments filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public.
Marginal note:Publication of declaration
(4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, together with the report to which it relates or a description of how a copy of the report may be obtained, shall be included in the Internet site.
Marginal note:Use of a class screening report as a replacement
(5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented.
Marginal note:Use of class screening report as a model
(6) Where a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies, the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18.
Marginal note:Necessary adjustments
(7) Where a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.
Marginal note:Declaration to remove class screening report
(8) Where the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.
Marginal note:Publication
(9) Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and included in the Internet site.
11. (1) Paragraph 20(1)(a) of the Act is replaced by the following:
(a) subject to subparagraph (c)(iii), where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part;
Marginal note:1993, c. 34, s. 25(F)
(2) Subsections 20(2) and (3) of the Act are replaced by the following:
Marginal note:Mitigation measures — extent of authority
(1.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include
(a) any mitigation measures whose implementation the responsible authority can ensure; and
(b) any other mitigation measures that it is satisfied will be implemented by another person or body.
Marginal note:Responsible authority to ensure implementation of mitigation measures
(2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (1.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament.
Marginal note:Assistance of other federal authority
(2.1) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.
Marginal note:Prohibition of actions in furtherance of project
(3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part.
Marginal note:Time for decision
(4) A responsible authority shall not take any course of action under subsection (1) before the 15th day after the inclusion on the Internet site of
(a) notice of the commencement of the environmental assessment;
(b) a description of the scope of the project; and
(c) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained.
Marginal note:1993, c. 34, s. 26(F)
12. Section 21 of the Act is replaced by the following:
Marginal note:Public consultation
21. (1) Where a project is described in the comprehensive study list, the responsible authority shall ensure public consultation with respect to the proposed scope of the project for the purposes of the environmental assessment, the factors proposed to be considered in its assessment, the proposed scope of those factors and the ability of the comprehensive study to address issues relating to the project.
Marginal note:Report and recommendation
(2) After the public consultation, as soon as it is of the opinion that it has sufficient information to do so, the responsible authority shall
(a) report to the Minister regarding
(i) the scope of the project, the factors to be considered in its assessment and the scope of those factors,
(ii) public concerns in relation to the project,
(iii) the potential of the project to cause adverse environmental effects, and
(iv) the ability of the comprehensive study to address issues relating to the project; and
(b) recommend to the Minister to continue with the environmental assessment by means of a comprehensive study, or to refer the project to a mediator or review panel in accordance with section 29.
Marginal note:Minister’s decision
21.1 (1) The Minister, taking into account the things with regard to which the responsible authority must report under paragraph 21(2)(a) and the recommendation of the responsible authority under paragraph 21(2)(b), shall, as the Minister considers appropriate,
(a) refer the project to the responsible authority so that it may continue the comprehensive study and ensure that a comprehensive study report is prepared and provided to the Minister and to the Agency; or
(b) refer the project to a mediator or review panel in accordance with section 29.
Marginal note:Decision final
(2) Despite any other provision of this Act, if the Minister refers the project to a responsible authority under paragraph (1)(a), it may not be referred to a mediator or review panel in accordance with section 29.
Marginal note:Public participation
21.2 Where a project has been referred to a responsible authority under paragraph 21.1(1)(a), the responsible authority shall ensure that the public is provided with an opportunity, in addition to those provided under subsection 21(1) and section 22, to participate in the comprehensive study, subject to a decision with respect to the timing of the participation made by the federal environmental assessment coordinator under paragraph 12.3(c).
13. Section 23 of the Act is replaced by the following:
Marginal note:Decision of Minister
23. (1) The Minister shall, after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2), refer the project back to the responsible authority for action under section 37 and issue an environmental assessment decision statement that
(a) sets out the Minister’s opinion as to whether, taking into account the implementation of any mitigation measures that the Minister considers appropriate, the project is or is not likely to cause significant adverse environmental effects; and
(b) sets out any mitigation measures or follow-up program that the Minister considers appropriate, after having taken into account the views of the responsible authorities and other federal authorities concerning the measures and program.
Marginal note:More information required
(2) Before issuing the environmental assessment decision statement, the Minister shall, if the Minister is of the opinion that additional information is necessary or that there are public concerns that need to be further addressed, request that the federal authorities referred to in paragraph 12.3(a) or the proponent ensure that the necessary information is provided or actions are taken to address those public concerns.
Marginal note:Time for statement
(3) The Minister shall not issue the environmental assessment decision statement before the 30th day after the inclusion on the Internet site of
(a) notice of the commencement of the environmental assessment;
(b) a description of the scope of the project;
(c) where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study,
(i) notice of the Minister’s decision to so refer the project, and
(ii) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and
(d) the comprehensive study report that is to be taken into consideration by a responsible authority in making its decision under subsection 37(1) or a description of how a copy of the report may be obtained.
14. Subsection 29(4) of the Act is replaced by the following:
Marginal note:When mediation fails
(4) Where, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the participants, the Minister shall order the conclusion of the mediation.
15. Subsection 32(1) of the French version of the Act is replaced by the following:
Marginal note:Rapport du médiateur
32. (1) Dès la fin de la médiation, le médiateur présente un rapport au ministre et à l’autorité responsable.
16. (1) Subsection 35(3) of the Act is replaced by the following:
Marginal note:Hearings to be public
(3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm to the environment by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1).
(2) Section 35 of the Act is amended by adding the following after subsection (4):
Marginal note:Non-disclosure
(4.1) Where a review panel is satisfied that the disclosure of evidence, documents or other things would cause specific harm to the environment, the evidence, documents or things are privileged and shall not, without the authorization of the review panel, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to this Act.
Marginal note:1994, c. 46, s. 3(1)
17. (1) The portion of subsection 37(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Decision of responsible authority
37. (1) Subject to subsections (1.1) to (1.3), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to subsection 23(1), the comprehensive study report:
Marginal note:1993, c. 34, s. 29(1)(F)
(1.1) The portion of paragraph 37(1)(a) of the Act after subparagraph (ii) is replaced by the following:
the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part; or
(2) Section 37 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Federal authority
(1.2) Where a response to a report is required under paragraph (1.1)(a) and there is, in addition to a responsible authority, a federal authority referred to in paragraph 5(2)(b) in relation to the project, that federal authority may act as a responsible authority for the purposes of that response. This subsection applies in the case of a federal authority within the meaning of paragraph (b) of the definition “federal authority” in subsection 2(1) if the Minister through whom the authority is accountable to Parliament agrees.
Marginal note:Approval of Governor in Council
(1.3) Where a project is referred back to a responsible authority under subsection 23(1) and the Minister issues an environmental assessment decision statement to the effect that the project is likely to cause significant adverse environmental effects, no course of action may be taken by the responsible authority under subsection (1) without the approval of the Governor in Council.
(3) Subsection 37(3) of the Act is replaced by the following:
Marginal note:Mitigation measures — extent of authority
(2.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include
(a) any mitigation measures whose implementation the responsible authority can ensure; and
(b) any other mitigation measures that it is satisfied will be implemented by another person or body.
Marginal note:Responsible authority to ensure implementation of mitigation measures
(2.2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (2.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament.
Marginal note:Assistance of other federal authority
(2.3) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.
Marginal note:Prohibition: proceeding with project
(3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part.
Marginal note:Time for decision
(4) A responsible authority shall not take any course of action under subsection (1) before the 30th day after the report submitted by a mediator or a review panel or a summary of it has been included on the Internet site in accordance with paragraph 55.1(2)(p).
Marginal note:1993, c. 34, s. 30(F)
18. Section 38 of the Act is replaced by the following:
Marginal note:Consideration of follow-up — decision under paragraph 20(1)(a)
38. (1) Where a responsible authority takes a course of action under paragraph 20(1)(a), it shall consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall design a follow-up program and ensure its implementation.
Marginal note:Mandatory follow-up — decision under paragraph 37(1)(a)
(2) Where a responsible authority takes a course of action under paragraph 37(1)(a), it shall design a follow-up program for the project and ensure its implementation.
Marginal note:Scope of follow-up program
(3) In designing a follow-up program and in ensuring its implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs.
Marginal note:Assistance of other federal authority
(4) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a follow-up program on which the federal authority and the responsible authority have agreed.
Marginal note:Follow-up programs
(5) The results of follow-up programs may be used for implementing adaptive management measures or for improving the quality of future environmental assessments.
Marginal note:1993, c. 34, s. 31(1)(F)
19. (1) Subsection 40(2) of the Act is replaced by the following:
Marginal note:Review panels established jointly with another jurisdiction
(2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act, the Minister
(a) may enter into an agreement or arrangement with a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) that has powers, duties or functions in relation to the assessment of the environmental effects of the project, respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel; and
(b) shall, in the case of a jurisdiction within the meaning of subsection 12(5) that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, offer to consult and cooperate with that other jurisdiction respecting the environmental assessment of the project.
Marginal note:1993, c. 34, s. 31(2)(F); 1995, c. 5, par. 25(1)(b)
(2) Subsection 40(3) of the Act is replaced by the following:
Marginal note:Review panels established jointly with another jurisdiction
(3) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act and a jurisdiction referred to in paragraph (1)(e) or (f) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel.
Marginal note:1998, c. 25, s. 164
20. (1) The portion of section 41 of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions
41. An agreement or arrangement entered into pursuant to subsection 40(2) or (3), and any document establishing a review panel under subsection 40(2.1), shall provide that the environmental assessment of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that
(2) Paragraph 41(d) of the Act is replaced by the following:
(d) the review panel is to have the powers and immunities provided for in section 35;
21. Subsection 46(1) of the Act is replaced by the following:
Marginal note:Transboundary and related environmental effects
46. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province.
Marginal note:1995, c. 5, par. 25(1)(b)
22. Subsection 47(1) of the Act is replaced by the following:
Marginal note:International environmental effects
47. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands.
23. (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Environmental effects of projects carried out on lands of federal interest
48. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on
(1.1) Paragraph 48(1)(b) of the Act is replaced by the following:
(a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act,
(b) federal lands other than those mentioned in paragraph (a) or (a.1),
(1.2) Section 48 of the Act is amended by adding the following after subsection (1):
Marginal note:Ecological integrity
(1.1) In deciding whether or not a project may cause significant adverse environmental effects on a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, the Minister shall take into account its ecological integrity, as that expression is defined in that subsection.
(2) The portion of subsection 48(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Environmental effects of projects carried out on reserve lands, etc.
(2) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out on
(2.1) Paragraph 48(3)(c) of the Act is replaced by the following:
(c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group, or
(3) Subsection 48(5) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart;
(f) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group; and
(g) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation.
Marginal note:1993, c. 34, s. 37(F)
24. Subsections 54(2) and (3) of the Act are replaced by the following:
Marginal note:International agreement or arrangement
(2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with
(a) this Act and the regulations; or
(b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out.
Marginal note:Exception
(3) For greater certainty, if a federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — in relation to a project in respect of which an agreement or arrangement referred to in subsection (1) or (2) applies — after the essential details of the project are specified
(a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and
(b) section 5 or 10.1, as the case may be, applies.
Marginal note:1993, c. 34, s. 38(F)
25. Section 55 of the Act and the heading before it are replaced by the following:
CANADIAN ENVIRONMENTAL ASSESSMENT REGISTRY
Establishment of Registry
Marginal note:Canadian Environmental Assessment Registry
55. (1) For the purpose of facilitating public access to records relating to environmental assessments and providing notice in a timely manner of the assessments, there shall be a registry called the Canadian Environmental Assessment Registry, consisting of an Internet site and project files.
Marginal note:Right of access
(2) The Registry shall be operated in a manner to ensure convenient public access to it. This right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.
Marginal note:Copy
(3) For the purpose of facilitating public access to records included in the Registry, in the case of a screening or comprehensive study, the federal environmental assessment coordinator and, in any other case, the Agency shall ensure that a copy of any such record is provided in a timely manner on request.
Internet Site
Marginal note:Establishment and maintenance
55.1 (1) The Agency shall, in accordance with this Act and the regulations, establish and maintain an Internet site to be generally accessible through what is commonly referred to as the Internet.
Marginal note:Contents
(2) Subject to subsection 55.5(1), the Internet site shall include
(a) within 14 days after the commencement of an environmental assessment, notice of its commencement, except where a class screening report is used under subsection 19(5) or (6);
(b) an agreement contemplated by subsection 12.4(3);
(c) a description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 15;
(d) a statement of the projects in respect of which a class screening report is used under subsection 19(5) or (6);
(e) any declaration referred to in subsection 19(4) and the report to which it relates or a description of how a copy of the report may be obtained, and any declaration referred to in subsection 19(9);
(f) notice of termination of an environmental assessment by a responsible authority under section 26;
(g) notice of termination of an environmental assessment by the Minister under section 27;
(h) any public notices that are issued by responsible authorities or the Agency to request public input into an environmental assessment;
(i) notice of a decision of the Minister to refer a project under paragraph 21.1(1)(a);
(j) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project or where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained;
(k) the screening or comprehensive study report taken into consideration by a responsible authority for the purpose of a decision under section 20 or 37 or a description of how a copy of the report may be obtained, except where a class screening report is used under subsection 19(5) or (6);
(l) an environmental assessment decision statement under subsection 23(1) and any request made under subsection 23(2);
(m) notice of the referral of a project to a mediator or review panel;
(n) the terms of reference of a mediation or a review panel;
(o) if the Minister has ordered the conclusion of a mediation under subsection 29(4), notice of the order;
(p) a report of a mediator or review panel or a summary of the report;
(q) a response under paragraph 37(1.1)(a) to the report of a mediator or review panel;
(r) except where a class screening report is used under subsection 19(5) or (6), the decision of a responsible authority, made under section 20 or 37 concerning the environmental effects of the project, and a statement of any mitigation measures the implementation of which the responsible authority took into account in making its decision;
(s) a notice stating whether or not, pursuant to subsection 38(1), a follow-up program for the project is considered appropriate;
(t) a description summarizing any follow-up program and its results or an indication of how a full description of the program and its results may be obtained;
(u) any other information that the responsible authority or the Agency, as the case may be, considers appropriate, including information in the form of a list of relevant documents in which case a description of how they may be obtained shall be provided; and
(v) any other record or information prescribed under paragraph 59(h.1).
Marginal note:Form and manner of Internet site
(3) The Agency shall determine and notify the public
(a) what the form of the Internet site is to be and how it is to be kept;
(b) how records and information are to be included in it;
(c) what information must be contained in any record referred to in subsection (2);
(d) what records and information are to be included in the Internet site, in addition to any record referred to in subsection (2);
(e) when information must be included in the Internet site;
(f) when information may be removed from the Internet site; and
(g) how access to the Internet site is to be provided.
Marginal note:Duty to contribute records — Agency
55.2 (1) The Agency shall ensure that the records referred to in paragraphs 55.1(2)(b), (e), (i) and (l) are included in the Internet site.
Marginal note:In the case of mediation or review panel
(2) The Agency shall, in the case of a mediation or an assessment by a review panel, ensure that the records referred to in paragraphs 55.1(2)(c), (g), (h), (m), (n), (o), (p), (q) and (u) and any record or information referred to in paragraph 55.1(2)(v) are included in the Internet site.
Marginal note:Duty to contribute records — responsible authorities
55.3 (1) A responsible authority shall ensure that the records referred to in paragraphs 55.1(2)(a), (f), (j), (k), (r), (s) and (t) and, in the case of a screening or a comprehensive study, the records referred to in paragraphs 55.1(2)(c), (h) and (u) and any record or information referred to in paragraph 55.1(2)(v), are included in the Internet site.
Marginal note:Statement — paragraph 55.1(2)(d)
(2) A responsible authority shall ensure that the statement referred to in paragraph 55.1(2)(d) is included in the Internet site every three months or with any other greater frequency to which it agrees with the Agency.
Marginal note:Time for inclusion of report
(3) A screening report referred to in paragraph 55.1(2)(k) or a description of how a copy of it may be obtained shall be included in the Internet site not later than the decision referred to in paragraph 55.1(2)(r) that is based on the report, unless otherwise authorized by the Agency.
Project Files
Marginal note:Establishment and maintenance
55.4 (1) In respect of every project for which an environmental assessment is conducted, a project file shall be established and maintained, in accordance with this Act and the regulations,
(a) by the responsible authority from the commencement of the environmental assessment until any follow-up program in respect of the project is completed; and
(b) where the project is referred to a mediator or a review panel, by the Agency from the appointment of the mediator or the members of the review panel until the report of the mediator or review panel is submitted to the Minister.
Marginal note:Contents of project file
(2) Subject to subsection 55.5(1), a project file shall contain all records produced, collected or submitted with respect to the environmental assessment of the project, including
(a) all records included in the Internet site;
(b) any report relating to the assessment;
(c) any comments filed by the public in relation to the assessment;
(d) any records relating to the need for, design of or implementation of any follow-up program; and
(e) any documents requiring mitigation measures to be implemented.
General
Marginal note:Categories of information that may be made publicly available
55.5 (1) The Registry shall contain a record, part of a record or information only if
(a) it has otherwise been made publicly available; or
(b) the responsible authority, in the case of a record under its control, or the Minister, in the case of a record under the Agency’s control,
(i) determines that it 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 responsible authority or the Agency, including any record that would be disclosed in the public interest pursuant to subsection 20(6) of that Act, or
(ii) believes on reasonable grounds that it would be in the public interest to disclose it because it is required for the public to participate effectively in the environmental assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.
Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act to third party information
(2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency or a responsible authority intends be included in the Registry with any modifications that the circumstances require, including the following:
(a) the information is deemed to be a record that the head of a government institution intends to disclose; and
(b) any reference to the person who requested access shall be disregarded.
Marginal note:Deemed application
(3) This section applies with respect to a responsible authority that is a parent Crown corporation but is not a government institution within the meaning of the Access to Information Act as if it were such a government institution.
Marginal note:Protection from civil proceeding or prosecution
55.6 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority, the Agency or the Minister, or against any person acting on behalf of them or under their direction, or against a director or officer of a Crown corporation to which this Act applies and no proceedings lie against the Crown, the Agency or any responsible authority, for the disclosure in good faith of any record or any part of a record pursuant to this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
26. The heading before section 56 of the Act is replaced by the following:
RELEVANT INFORMATION
27. The Act is amended by adding the following after section 56:
Marginal note:Information required in support of quality assurance program
56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with any information respecting the assessments whose conduct they ensure under this Act that the Agency considers necessary in support of a quality assurance program that it establishes.
28. (1) Subsection 58(1) of the Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) make regulations prescribing any project or class of projects for which a comprehensive study is required where the Minister is satisfied that the project or any project within that class is likely to have significant adverse environmental effects.
Marginal note:1994, c. 46, s. 4(2)
(2) Subsection 58(1.1) of the Act is replaced by the following:
Marginal note:Participant funding
(1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels established under either subsection 33(1) or 40(2).
29. (1) Section 59 of the Act is amended by adding the following after paragraph (a):
(a.1) respecting the duties and functions of the federal environmental assessment coordinator, and respecting the selection or designation of the coordinator;
Marginal note:1993, c. 34, s. 40(1)(F)
(2) Paragraph 59(c) of the Act is replaced by the following:
(c) exempting any projects or classes of projects from the requirement to conduct an assessment under this Act that
(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,
(ii) in the case of projects in relation to physical works, in the opinion of the Governor in Council, have insignificant environmental effects, or
(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;
(c.1) exempting, in replacement of exemptions made under paragraph (c), in relation to any Crown corporation to which this Act applies or in relation to the Canadian International Development Agency, any projects or classes of projects to be carried out outside Canada and any federal lands from the requirement to conduct an environmental assessment under this Act that
(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,
(ii) in the case of projects in relation to a physical work, in the opinion of the Governor in Council, have insignificant environmental effects, or
(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;
(2.1) Paragraph 59(d) of the Act is repealed.
(2.2) Paragraph 59(f) of the Act is replaced by the following:
(f) prescribing, for the purposes of paragraph 5(1)(d), the provisions of any Act of Parliament or any instrument made under an Act of Parliament;
(3) Paragraph 59(h) of the Act is replaced by the following:
(h) respecting the dissemination by responsible authorities of information relating to projects and the environmental assessment of projects and the establishment, maintenance and operation of project files referred to in section 55.4, including facilities to enable the public to examine physical or electronic records contained in the files, the time and manner in which those records may be examined or copied by the public and the transfer and retention of those records after the completion of any follow-up program;
(h.1) prescribing records or information to be included in the Internet site by the Agency or a responsible authority;
(h.2) respecting the charging of fees for providing copies of documents contained in the Registry;
(h.3) for the purposes of subsection 38(1) or (2) or 53(1), prescribing the manner of designing a follow-up program;
(3.1) Subparagraph 59(i)(ii) of the Act is replaced by the following:
(ii) projects to be carried out outside Canada and either outside of federal lands or on federal lands described in paragraph (a) of the definition “federal lands” in subsection 2(1),
Marginal note:1993, c. 34, s. 40(2)(F); 1998, c. 10, s. 166
(4) Paragraphs 59(j) to (l) of the Act are replaced by the following:
(i.1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to an environmental assessment whose conduct a Crown corporation to which this Act applies must ensure, in prescribed circumstances or on any prescribed terms and conditions,
(i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and
(ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by the environmental assessment of those projects whose conduct the Crown corporation ensures;
(i.2) for the purposes of subparagraph (i.1)(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph in the case of projects that are to be carried out outside Canada and outside any federal lands;
(j) for the purposes of section 8, designating Crown corporations that are not federal authorities individually or by class and respecting the manner in which those corporations or classes of corporations conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by corporation or class of corporation;
(j.1) for the purposes of section 8, respecting the application to a Crown corporation that is designated, or is a member of a class that is designated, under a regulation made under paragraph (j) of the laws from time to time in force in any province;
(j.2) varying or excluding any procedure or requirement of this Act or the regulations as it applies to Crown corporations that are federal authorities, individually or by class;
(j.3) for projects to be carried out outside Canada and any federal lands, prescribing, in relation to Crown corporations to which this Act applies, any physical activity or class of physical activities in replacement of those prescribed under paragraph (b);
(k) for the purposes of section 9, respecting the manner of conducting environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;
(k.1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a person or body referred to in subsection 9(1), the exercise or performance of which requires an environmental assessment under paragraph 9(2)(d);
(k.2) prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)(e);
(k.3) for the purposes of section 9.1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province;
(k.4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.3), the exercise or performance of which requires an environmental assessment under paragraph 9.1(2)(d);
(k.5) for the purposes of paragraph 9.1(2)(e), prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.3) must have in the federal lands;
(l) for the purposes of section 10, designating bands individually or by category and respecting the manner of conducting environmental assessments of, and follow-up programs for, projects that are to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a designated band and that is subject to the Indian Act, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by band or category of band;
(l.001) prescribing, for the purposes of paragraph 10(1)(c), provisions of any Act of Parliament or any instrument made under an Act of Parliament that confer powers, duties or functions on a band council;
(l.01) for the purposes of section 10.1,
(i) varying the definition “project” in subsection 2(1),
(ii) respecting the manner of conducting environmental assessments of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.1(2) and respecting any action to be taken in respect of those projects during the assessment process,
(iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no environmental assessment need be carried out by that agency,
(iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or
(v) providing for the application of section 55.6 to the Canadian International Development Agency as if it were a responsible authority;
(l.02) varying or excluding any of the provisions of sections 55 to 55.5 in their application to the Canadian International Development Agency;
(l.03) prescribing, for the purposes of subsection 18(3), circumstances in which a responsible authority shall give the public an opportunity to participate in the screening;
30. Section 62 of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) to promote, monitor and facilitate compliance with this Act and the regulations;
(f) to promote and monitor the quality of assessments conducted under this Act;
(g) to ensure an opportunity for timely public participation in the environmental assessment process; and
(h) to engage in consultation with aboriginal peoples on policy issues related to this Act.
31. (1) Subsection 63(1) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) establish and lead a quality assurance program for assessments conducted under this Act.
(1.1) Subsection 63(2) of the Act is amended by adding the following after paragraph (b):
(b.1) coordinate the development of a response to a report required under paragraph 37(1.1)(a);
(2) Subsection 63(2) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) assist parties in building consensus and resolving disputes; and
(g) request federal authorities, and persons and bodies referred to in sections 8 to 10, to provide information respecting assessments that they conduct under this Act.
REVIEW AND REPORT
Marginal note:Review
32. (1) Within seven years after this Act receives royal assent, a comprehensive review of the provisions and operation of the Canadian Environmental Assessment Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Marginal note:Report
(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.
TRANSITIONAL PROVISION
Marginal note:Non-application of amended provisions to assessments already commenced
33. Any environmental assessment or assessment of the environmental effects of a project commenced under the Canadian Environmental Assessment Act before this section comes into force shall be continued and completed as if this Act had not been enacted.
COMING INTO FORCE
Marginal note:Coming into force
34. The provisions of this Act, other than section 32, come into force on a day or days to be fixed by order of the Governor in Council.
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