Canadian Environmental Assessment Act (S.C. 1992, c. 37)

Marginal note:Public notice

36. On receiving a report submitted by a mediator or a review panel, the Minister shall make the report available to the public in any manner the Minister considers appropriate to facilitate public access to the report, and shall advise the public that the report is available.

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:

  • (a) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate,

    • (i) the project is not likely to cause significant adverse environmental effects, or

    • (ii) the project is likely to cause significant adverse environmental effects that can be justified in the circumstances,

    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

  • (b) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the responsible authority shall not exercise any power or perform any duty or function conferred on it by or under any Act of Parliament that would permit the project to be carried out in whole or in part.

• Marginal note:Approval of Governor in Council

  (1.1) Where a report is submitted by a mediator or review panel,

  • (a) the responsible authority shall take into consideration the report and, with the approval of the Governor in Council, respond to the report;

  • (b) the Governor in Council may, for the purpose of giving the approval referred to in paragraph (a), require the mediator or review panel to clarify any of the recommendations set out in the report; and

  • (c) the responsible authority shall take a course of action under subsection (1) that is in conformity with the approval of the Governor in Council referred to in paragraph (a).

• 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.

• Marginal note:Responsible authority to ensure implementation of mitigation measures

  (2) Where a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, notwithstanding any other Act of Parliament, in the exercise of its powers or the performance of its duties or functions under that other Act or any regulation made thereunder or in any other manner that the responsible authority considers necessary, ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented.

• 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).