Canada Port Authority Environmental Assessment Regulations
P.C. 1999-1324 1999-07-28
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(k)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Canada Port Authority Environmental Assessment Regulations.
1. The definitions in this section apply in these Regulations.
“Act” means the Canadian Environmental Assessment Act. (Loi)
“CPA” means a port authority established under section 8 of the Canada Marine Act. (APC)
2. These Regulations apply where an assessment of the environmental effects of a project has not been completed before the coming into force of these Regulations.
3. (1) Subject to subsection (2), a CPA shall conduct an environmental assessment of a project in accordance with these Regulations before exercising a power or performing a duty or function referred to in paragraphs 5(1)(a) to (c) of the Act.
(2) An environmental assessment of a project is not required if
(a) the project is described in the exclusion list;
(b) the project is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or
(c) the project is to be carried out in response to an emergency and carrying out the project at once is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.
4. If an environmental assessment of a project is required, the CPA shall conduct it as early as is practicable in the planning stages of the project and before irrevocable decisions are made.
5. The environmental assessment of a project by a CPA shall include, where applicable,
(a) a screening and the preparation of a screening report, if the project is not described in the comprehensive study list;
(b) a comprehensive study and the preparation of a comprehensive study report, if the project is described in the comprehensive study list;
(c) assessment by a review panel and the preparation of a report; and
(d) the design and implementation of a follow-up program.
6. The scope of a project in relation to which an environmental assessment is to be conducted shall be determined by
(a) a CPA; or
(b) if the project is referred to a review panel, the Minister, after consulting with the relevant CPA and the Minister of Transport.
7. A CPA shall not exercise any power or perform any duty or function referred to in section 3 in relation to a project unless it takes a course of action pursuant to subsection 15(1) or section 19 or 28.
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