Canadian Environmental Assessment Act (S.C. 1992, c. 37)
Full Document:
Act current to 2012-05-02 and last amended on 2010-07-12. Previous Versions
RELEVANT INFORMATION
Marginal note:Preparation of statistical summary
56. (1) During each fiscal year a responsible authority shall maintain a statistical summary of all of the environmental assessments undertaken or directed by it and all courses of action taken, and all decisions made, in relation to the environmental effects of the projects after the assessments were completed.
Marginal note:Idem
(2) The responsible authority shall ensure that the summary for a fiscal year is completed within one month after the end of that fiscal year.
Marginal note:Information required in support of quality assurance program
56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with any information respecting the assessments whose conduct they ensure under this Act that the Agency considers necessary in support of a quality assurance program that it establishes.
- 2003, c. 9, s. 27.
JUDICIAL REVIEW
Marginal note:Defect in form or technical irregularity
57. An application for judicial review in connection with any matter under this Act shall be refused where the sole ground for relief established on the application is a defect in form or a technical irregularity.
ADMINISTRATION
Minister’s Powers
Marginal note:Powers to facilitate environmental assessments
58. (1) For the purposes of this Act, the Minister may
(a) issue guidelines and codes of practice respecting the application of this Act and the regulations and, without limiting the generality of the foregoing, establish criteria to determine whether a project, taking into account the implementation of any appropriate mitigation measures, is likely to cause significant adverse environmental effects or whether such effects are justified in the circumstances;
(b) establish research and advisory bodies;
(c) enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(a), (b), (c) or (d) respecting assessments of environmental effects;
(d) enter into agreements or arrangements with any jurisdiction, within the meaning of subsection 40(1), for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the environmental effects of projects of common interest;
(e) recommend the appointment of members to bodies established by federal authorities or to bodies referred to in paragraph 40(1)(d), on a temporary basis, for the purpose of facilitating a substitution pursuant to section 43;
(f) establish criteria for the appointment of mediators and members of review panels;
(g) establish criteria for the approval of a substitution pursuant to section 43;
(h) establish criteria for the purposes of an alternative manner of conducting an assessment of the environmental effects of a project referred to in subsection 46(2) or 47(2); and
(i) make regulations prescribing any project or class of projects for which a comprehensive study is required where the Minister is satisfied that the project or any project within that class is likely to have significant adverse environmental effects.
Marginal note:Participant funding
(1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels established under either subsection 33(1) or 40(2).
Marginal note:Power to enter into international agreements
(2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(e) or (f) respecting assessments of environmental effects, including, without limiting the generality of the foregoing, for the purposes of implementing the provisions of any international agreement or arrangement to which the Government of Canada is a party respecting the assessment of environmental effects referred to in subsection 47(1).
Marginal note:Opportunity for public to comment
(3) The Minister shall provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements, criteria or orders under this section.
Marginal note:Availability to public
(4) Any guidelines, codes of practice, agreements, arrangements, criteria or orders shall be made available to the public.
- 1992, c. 37, s. 58;
- 1993, c. 34, s. 39(F);
- 1994, c. 46, s. 4;
- 1995, c. 5, s. 25;
- 2003, c. 9, s. 28.
