Canada Port Authority Environmental Assessment Regulations (SOR/99-318)

Regulations are current to 2013-05-20

  •  (1) Before making a declaration under subsection 12(1), the Agency shall

    • (a) publish a notice in a daily newspaper setting out

      • (i) the date on which the report will be available to the public,

      • (ii) the place at which copies of the report may be obtained, and

      • (iii) the deadline and address for filing comments with the Agency on the appropriateness of the use of the report as a model in conducting screenings of projects within the same class; and

    • (b) consider any comments filed in respect of the report.

  • (2) Any declaration referred to in subsection 12(1) shall be published by the Agency and the model class screening report shall be made available to the public by the Agency and at the public registry maintained by the CPA in accordance with section 31.

  •  (1) If a project or part of a project is within a class of projects for which a declaration has been made in accordance with subsection 12(1), the CPA may use the model class screening report for the purpose of complying with subsection 10(1).

  • (2) Where the Agency determines that a model class screening report can no longer be used as a model in conducting screenings of other projects within the same class, the Agency shall declare the report not to be a model class screening report.

  • (3) Any declaration made under subsection (2) shall be published by the Agency and be made available at the public registry maintained by the CPA in accordance with section 31.

COURSE OF ACTION

  •  (1) A CPA shall take one of the following courses of action in respect of a project after taking into consideration the screening report and comments emanating from public participation in its review:

    • (a) subject to subparagraph (c)(iii), where, taking into account the implementation of any technically and economically feasible mitigation measures, the project is not likely to cause significant adverse environmental effects, the CPA may exercise any power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act;

    • (b) where, taking into account the implementation of any technically and economically feasible mitigation measures, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the CPA shall not exercise any power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act; or

    • (c) the CPA shall refer the project to the Minister of Transport, who will submit it to the Minister for a referral to a review panel if

      • (i) the CPA is uncertain whether the project, taking into account the implementation of any technically and economically feasible mitigation measures, is likely to cause significant adverse environmental effects,

      • (ii) the project, taking into account the implementation of any technically and economically feasible mitigation measures, is likely to cause significant adverse environmental effects and paragraph (b) does not apply, or

      • (iii) public concerns warrant a reference to a review panel.

  • (2) If a CPA takes a course of action referred to in paragraph (1)(a), it shall

    • (a) ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented;

    • (b) design a follow-up program, if appropriate for the project, and arrange for the implementation of that program; and

    • (c) advise the public of

      • (i) its course of action in relation to the project,

      • (ii) any mitigation measures to be implemented with respect to adverse environmental effects of the project,

      • (iii) any follow-up program designed for the project, and

      • (iv) the results of any follow-up program.

  • (3) If a CPA takes a course of action referred to in paragraph (1)(b), it shall file a notice of that course of action in the public registry maintained by the CPA in accordance with section 31.