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

Marginal note:Role

12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants.

Marginal note:Duties

12.2 The federal environmental assessment coordinator shall

• (a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified;

• (b) coordinate their involvement throughout the environmental assessment process;

• (c) coordinate the responsible authorities’ fulfilment of their obligations under subsection 55.3(1), paragraph 55.4(1)(a) and section 55.5;

• (d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and

• (e) coordinate the federal authorities’ involvement with other jurisdictions.

Marginal note:Powers

12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may

• (a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project;

• (b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and

• (c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation.

Marginal note:Agency as coordinator

• 12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if

  • (a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or

  • (b) the project is described in the comprehensive study list.

• Marginal note:Responsible authority as coordinator

  (2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is

  • (a) the sole responsible authority in relation to the project; or

  • (b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities or, if they have not selected one within a reasonable time, the one that is designated by the Agency.

• Marginal note:Coordinator by agreement

  (3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except

  • (a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or

  • (b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree.

• Marginal note:For greater certainty

  (4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project.