An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
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Assented to 2003-06-11
1992, c. 37CANADIAN ENVIRONMENTAL ASSESSMENT ACT
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).
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