Canadian Environmental Assessment Act, 2012 (S.C. 2012, c. 19, s. 52)

Act current to 2016-06-06 and last amended on 2014-12-31. Previous Versions

Canadian Environmental Assessment Act, 2012

S.C. 2012, c. 19, s. 52

Assented to 2012-06-29

An Act respecting the environmental assessment of certain activities and the prevention of significant adverse environmental effects

[Enacted by section 52 of chapter 19 of the Statutes of Canada, 2012, in force July 6, 2012, see SI/2012-56.]

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Environmental Assessment Act, 2012.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    Agency

    Agence

    Agency means the Canadian Environmental Assessment Agency continued under section 103. (Agence)

    assessment by a review panel

    examen par une commission

    assessment by a review panel means an environmental assessment that is conducted by a review panel. (examen par une commission)

    Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nucléaire

    Canadian Nuclear Safety Commission means the Canadian Nuclear Safety Commission established by section 8 of the Nuclear Safety and Control Act. (Commission canadienne de sûreté nucléaire)

    designated project

    projet désigné

    designated project means one or more physical activities that

    • (a) are carried out in Canada or on federal lands;

    • (b) are designated by regulations made under paragraph 84(a) or designated in an order made by the Minister under subsection 14(2); and

    • (c) are linked to the same federal authority as specified in those regulations or that order.

    It includes any physical activity that is incidental to those physical activities. (projet désigné)

    environment

    environnement

    environment means the components of the Earth, and includes

    • (a) land, water and air, including all layers of the atmosphere;

    • (b) all organic and inorganic matter and living organisms; and

    • (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)

    environmental assessment

    évaluation environnementale

    environmental assessment means an assessment of the environmental effects of a designated project that is conducted in accordance with this Act. (évaluation environnementale)

    environmental effects

    effets environnementaux

    environmental effects means the environmental effects described in section 5. (effets environnementaux)

    federal authority

    autorité fédérale

    federal authority means

    • (a) a Minister of the Crown in right of Canada;

    • (b) an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

    • (c) any department or departmental corporation that is set out in Schedule I or II to the Financial Administration Act; and

    • (d) any other body that is set out in Schedule 1.

    It does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, a harbour commission established under the Harbour Commissions Act or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1. (autorité fédérale)

    federal lands

    territoire domanial

    federal lands means

    • (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut;

    • (b) the following lands and areas:

      • (i) the internal waters of Canada, in any area of the sea not within a province,

      • (ii) the territorial sea of Canada, in any area of the sea not within a province,

      • (iii) the exclusive economic zone of Canada, and

      • (iv) the continental shelf of Canada; and

    • (c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands. (territoire domanial)

    follow-up program

    programme de suivi

    follow-up program means a program for

    • (a) verifying the accuracy of the environmental assessment of a designated project; and

    • (b) determining the effectiveness of any mitigation measures. (programme de suivi)

    interested party

    partie intéressée

    interested party, with respect to a designated project, means any person who is determined, under subsection (2), to be an interested party. (partie intéressée)

    Internet site

    site Internet

    Internet site means the Internet site that is established under section 79. (site Internet)

    jurisdiction

    instance

    jurisdiction means

    • (a) a federal authority;

    • (b) any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

    • (c) the government of a province;

    • (d) any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

    • (e) any body that is established under a land claims agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

    • (f) a governing body that is established under legislation that relates to the self-government of Indians and that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project;

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

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

    Minister

    ministre

    Minister means the Minister of the Environment. (ministre)

    mitigation measures

    mesures d’atténuation

    mitigation measures means measures for the elimination, reduction or control of the adverse environmental effects of a designated project, and includes restitution for any damage to the environment caused by those effects through replacement, restoration, compensation or any other means. (mesures d’atténuation)

    National Energy Board

    Office national de l’énergie

    National Energy Board means the National Energy Board established by section 3 of the National Energy Board Act. (Office national de l’énergie)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by the regulations. (Version anglaise seulement)

    proponent

    promoteur

    proponent means the person, body, federal authority or government that proposes the carrying out of a designated project. (promoteur)

    record

    document

    record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy of it. (document)

    Registry

    registre

    Registry means the Canadian Environmental Assessment Registry established under section 78. (registre)

    responsible authority

    autorité responsable

    responsible authority means the authority that is referred to in section 15 with respect to a designated project that is subject to an environmental assessment. (autorité responsable)

    review panel

    commission

    review panel means a review panel established under subsection 42(1) or under an agreement or arrangement entered into under subsection 40(1) or (2) or by document referred to in subsection 41(2). (commission)

    sustainable development

    développement durable

    sustainable development means development that meets the needs of the present, without compromising the ability of future generations to meet their own needs. (développement durable)

  • Marginal note:Interested party

    (2) One of the following entities determines, with respect to a designated project, that a person is an interested party if, in its opinion, the person is directly affected by the carrying out of the designated project or if, in its opinion, the person has relevant information or expertise:

    • (a) in the case of a designated project for which the responsible authority is referred to in paragraph 15(b), that responsible authority; or

    • (b) in the case of a designated project in relation to which the environmental assessment has been referred to a review panel under section 38, that review panel.

 
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