An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
Full Document:
- HTMLFull Document: An Act to amend the Canadian Environmental Assessment Act (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Canadian Environmental Assessment Act [221 KB]
Assented to 2003-06-11
1992, c. 37CANADIAN ENVIRONMENTAL ASSESSMENT ACT
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.
Page Details
- Date modified: