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Canadian Environmental Assessment Act

This version of section 40 is in force from 2003-10-30 to 2012-07-05.
 

Marginal note:Definition of “jurisdiction”

  • 40. (1) For the purposes of this section and sections 41 and 42, “jurisdiction” includes

    • (a) a federal authority;

    • (b) the government of a province;

    • (c) any other agency or body established pursuant to an Act of Parliament or the legislature of a province and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

    • (d) any body established pursuant to a land claims agreement referred to in section 35 of the Constitution Act, 1982 and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

    • (e) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

    • (f) an international organization of states or any institution of such an organization.

  • 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:Mackenzie Valley Resource Management Act

    (2.1) Subject to section 41, where the Minister is required by subsection 28(2) to refer a proposal to a review panel, the Minister and the Mackenzie Valley Environmental Impact Review Board shall, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.

  • 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:Publication of agreement for joint panel

    (4) Any agreement or arrangement referred to in subsection (2) or (3), and any document establishing a review panel under subsection (2.1), shall be published before the commencement of the hearings conducted by the review panel.

  • 1992, c. 37, s. 40;
  • 1993, c. 34, s. 31(F);
  • 1995, c. 5, s. 25;
  • 1998, c. 25, s. 163;
  • 2003, c. 9, s. 19.