Marginal note:Categories of available information
(a) it has otherwise been made publicly available; or
(b) the responsible authority, in the case of a record under its control, or the Minister, in the case of a record under the Agency’s control,
(i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the responsible authority or the Agency, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or
(ii) believes on reasonable grounds that it would be in the public interest to disclose it because it is required for the public to participate effectively in the environmental assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.
Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act
(2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency or a responsible authority intends to be included in the Registry with any necessary modifications, including the following:
Marginal note:Protection from civil proceeding or prosecution
82 Despite any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority, the Agency or the Minister, or against any person acting on behalf of, or under the direction of, any one of them and no proceedings lie against the Crown, the Agency or any responsible authority, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
Marginal note:Regulations — Governor in Council
83 The Governor in Council may make regulations
(a) amending Schedule 1 or 3 by adding or deleting a body or a class of bodies;
(b) prescribing, for the purposes of paragraph 15(c), the federal authority that performs regulatory functions and that may hold public hearings;
(c) exempting any class of proponents or class of designated projects from the application of section 59;
(d) varying or excluding any requirement set out in this Act or the regulations as it applies to physical activities to be carried out
(iii) under international agreements or arrangements entered into by the Government of Canada, or
(iv) in relation to which there are matters of national security;
(e) prescribing anything that, by this Act, is to be prescribed;
(f) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and
(g) generally, for carrying out the purposes and provisions of this Act.
Marginal note:Regulations — Minister
84 The Minister may make regulations
(a) for the purpose of the definition designated project in subsection 2(1), designating a physical activity or class of physical activities and specifying for each designated physical activity or class of physical activities one of the following federal authorities to which the physical activity is linked:
(b) prescribing the information that must be contained in a description of a designated project;
(c) respecting the procedures, requirements and time periods relating to environmental assessments, including the manner of designing a follow-up program;
(d) respecting a participant funding program established under section 57 or established under section 58 by the responsible authority referred to in paragraph 15(d);
(e) designating, for the purposes of section 58, a physical activity or class of physical activities;
(f) respecting the Registry, including the identification of records or information to be posted on the Internet site and the establishment and maintenance of project files referred to in section 80; and
(g) respecting the charging of fees for providing copies of documents contained in the Registry.
Marginal note:Externally produced documents
85 (1) A regulation made under this Act may incorporate by reference documents that are produced by a person or body other than the Agency, including a federal authority referred to in any of paragraphs (a) to (d) of the definition federal authority in subsection 2(1).
Marginal note:Ambulatory incorporation by reference
(2) A document may be incorporated by reference either as it exists on a particular date or as amended from time to time.
Marginal note:Accessibility of incorporated document
(3) The Minister must ensure that any document incorporated by reference in a regulation is accessible.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Minister’s powers
(a) issue guidelines and codes of practice respecting the application of this Act and, without limiting the generality of the foregoing, establish criteria to determine whether a designated 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 in the area of environmental assessment;
(c) enter into agreements or arrangements with any jurisdiction referred to in paragraphs (a) to (f) of the definition jurisdiction in subsection 2(1) respecting assessments of environmental effects;
(d) enter into agreements or arrangements with any jurisdiction 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 designated projects of common interest;
(e) establish criteria for the appointment of members of review panels; and
(f) establish criteria for the appointment of members of committees established under section 73 or 74.
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 referred to in paragraphs (g) and (h) of the definition jurisdiction in subsection 2(1) 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.
Marginal note:Opportunity for public to comment
(3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.
Marginal note:Availability to public
(4) Any guidelines, codes of practice, agreements, arrangements or criteria must be made available to the public.
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