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

Act current to 2017-12-11 and last amended on 2017-06-22. Previous Versions

Marginal note:Head office

 The head office of the Agency is to be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Contracts, etc., binding on Her Majesty
  •  (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in its own name in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

Annual Report

Marginal note:Annual report to Parliament
  •  (1) The Minister must, at the end of each fiscal year, prepare a report on the Agency’s activities and the administration and implementation of this Act during the previous fiscal year.

  • Marginal note:Tabling in Parliament

    (2) The Minister must, during the fiscal year after the fiscal year for which the report is prepared, cause the report to be laid before each House of Parliament.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in this section and sections 116 to 129.

former Act

ancienne loi

former Act means the Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992. (ancienne loi)

former Agency

ancienne Agence

former Agency means the Canadian Environmental Assessment Agency established by section 61 of the former Act. (ancienne Agence)

Marginal note:President of former Agency

 The person who holds the office of President of the former Agency immediately before the day on which this Act comes into force continues in office as the President of the Agency until the expiry or revocation of the appointment.

Marginal note:Executive Vice-president of former Agency

 The person who holds the office of Executive Vice-president of the former Agency immediately before the day on which this Act comes into force continues in office as the Executive Vice-president of the Agency until the expiry or revocation of the appointment.

Marginal note:Employment continued
  •  (1) Nothing in this Act is to be construed to affect the status of an employee who, immediately before the day on which this Act comes into force, occupied a position in the former Agency, except that the employee is to, on that day, occupy their position in the Agency.

  • Definition of employee

    (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:References

 Every reference to the former Agency in any deed, contract, agreement or other document executed by the former Agency in its own name is, unless the context otherwise requires, to be read as a reference to the Agency.

Marginal note:Transfer of rights and obligations

 All rights and property of the former Agency and of Her Majesty in right of Canada that are under the administration and control of the former Agency and all obligations of the former Agency are transferred to the Agency.

Marginal note:Commencement of legal proceedings

 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Agency may be brought against the Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Agency.

Marginal note:Continuation of legal proceedings

 Any action, suit or other legal proceeding to which the former Agency is party that is pending in any court immediately before the day on which this Act comes into force may be continued by or against the Agency in like manner and to the same extent as it could have been continued by or against the former Agency.

Marginal note:Appropriations

 Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Agency and that, on the day on which this Act comes into force, is unexpended is considered, on that day, to be an amount appropriated for defraying the charges and expenses of the Agency.

Marginal note:Completion of screenings commenced under former Act
  •  (1) Subject to subsections (3) to (5), any screening of a project commenced under the former Act before the day on which this Act comes into force must, if the project is a designated project, be continued and completed as if the former Act had not been repealed.

  • Marginal note:Minister’s power

    (2) The Minister may, only on the day on which this Act comes into force, exercise the power conferred by subsection 14(2) with respect to a physical activity that is included in a project that was the subject of a screening commenced under the former Act before the day on which this Act comes into force, and that is not completed on that day and that is not, on that day, a designated project.

  • Marginal note:Time limit

    (3) The responsible authority with respect to the project to which subsection (1) applies must take a course of action under section 20 of the former Act no later than 365 days after the day on which this Act comes into force.

  • Marginal note:Exclusion

    (4) If the responsible authority under subsection 18(2) of the former Act requires the proponent of the project to collect information or undertake a study with respect to the project, the period that is taken by the proponent, in the opinion of the responsible authority, to comply with the requirement, is not included in the calculation of the 365-day time limit.

  • Marginal note:Project requiring assessment by review panel

    (5) If, during the screening or once the screening is completed, the Minister is of the opinion that the project must be referred to a review panel, the environmental assessment of the project is continued under the process established under this Act. The project is considered to be a designated project and the Minister must refer the environmental assessment of the project to a review panel under section 38.

Marginal note:Completion of comprehensive studies commenced under former Act
  •  (1) Subject to subsections (2) to (6), any comprehensive study of a project commenced under the former Act before the day on which this Act comes into force is continued and completed as if the former Act had not been repealed.

  • Marginal note:Establishing Timelines for Comprehensive Studies Regulations

    (2) The Establishing Timelines for Comprehensive Studies Regulations are deemed to have come into force on July 12, 2010 with respect to a comprehensive study to which subsection (1) applies.

  • Marginal note:Six-month time limit

    (3) With respect to any comprehensive study commenced before July 12, 2010 to which subsection (1) applies with respect to a project for which the responsible authority is not the Canadian Nuclear Safety Commission, the responsible authority must ensure that the Minister and the Agency are provided with the comprehensive study report no later than six months after the day on which this Act comes into force.

  • Marginal note:Six-month time limit

    (4) With respect to any comprehensive study to which subsection (1) applies and which was commenced before July 12, 2010 by a port authority established under section 8 of the Canada Marine Act, the port authority must ensure that the comprehensive study report is provided to the Minister of Transport and the Agency no later than six months after the day on which this Act comes into force.

  • Marginal note:Excluded periods

    (5) If, under the former Act, the responsible authority or the port authority requires the proponent to collect information or undertake a study with respect to the project, then

    • (a) the period that is taken by the proponent, in the opinion of the responsible authority, to comply with the requirement, is not included in the calculation of the six-month time limit referred to in subsection (3); and

    • (b) the period that is taken by the proponent, in the opinion of the port authority, to comply with the requirement, is not included in the calculation of the six-month time limit referred to in subsection (4).

  • Marginal note:Project requiring assessment by review panel

    (6) If, during the comprehensive study, the Minister is of the opinion that the project must be referred to a review panel, the environmental assessment of the project is continued under the process established under this Act. The project is considered to be a designated project and the Minister must refer the environmental assessment of the project to a review panel under section 38.

  • Marginal note:Minister’s powers

    (7) The Minister may, by order, exclude any comprehensive study of a project from the application of subsection (1) and provide that the environmental assessment of the project is continued under the process established under this Act. In such a case, the project is considered to be a designated project and, despite subsection 27(2), when the Minister must make decisions under section 27 with respect to the designated project, he or she must specify in the order the time limit for the decisions to be made. Subsections 27(3), (4) and (6) apply with respect to the time limit.

  • Marginal note:Posting of notice of order on Internet site

    (8) The Agency must post a notice of any order made under subsection (7) on the Internet site.

 
Date modified: