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Canadian Environmental Assessment Act

This version of section 54 is in force from 2002-12-31 to 2012-07-05.
 

Marginal note:Provincial agreement or arrangement

  • 54. (1) 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 the government of a province or any institution of such a government under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) in relation to projects the essential details of which are not specified, the Government of Canada or the federal authority shall ensure 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 province where the projects are to be carried out.

  • 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) 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) Subsection (1) or (2) does not apply in respect of an agreement or arrangement referred to in that subsection where the federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) in relation to the projects in respect of which the agreement or arrangement applies after the essential details of the projects are specified.

  • 1992, c. 37, s. 54;
  • 1993, c. 34, s. 37(F).