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

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Marginal note:Completion of assessment by a review panel commenced under former Act
  •  (1) Despite subsection 38(6) and subject to subsections (2) to (6), any assessment by a review panel, in respect of a project, commenced under the process established under the former Act before the day on which this Act comes into force is continued under the process established under this Act as if the environmental assessment had been referred by the Minister to a review panel under section 38. The project is considered to be a designated project for the purposes of this Act and Part 3 of the Jobs, Growth and Long-term Prosperity Act, and

    • (a) if, before that day, a review panel was established under section 33 of the former Act, in respect of the project, that review panel is considered to have been established — and its members are considered to have been appointed — under subsection 42(1) of this Act;

    • (b) if, before that day, an agreement or arrangement was entered into under subsection 40(2) of the former Act, in respect of the project, that agreement or arrangement is considered to have been entered into under section 40 of this Act; and

    • (c) if, before that day, a review panel was established by an agreement or arrangement entered into under subsection 40(2) of the former Act or by document referred to in subsection 40(2.1) of the former Act, in respect of the project, it is considered to have been established by — and its members are considered to have been appointed under — an agreement or arrangement entered into under section 40 of this Act or by document referred to in subsection 41(2) of this Act.

  • Marginal note:Time limit for issuing decision statement under section 54

    (2) The Minister must establish the time limit within which, from the day on which this Act comes into force, the decision statement that is required under section 54 in respect of the project must be issued. Subsection 54(3) applies with respect to the time limit.

  • Marginal note:Other time limits

    (3) The Minister must, in respect of the project, also establish any of the time limits set out in paragraphs 38(3)(a) to (c) — which combined are not to exceed the time limit referred to in subsection (2) — that are necessary, depending on whether, on the day on which this Act comes into force, the review panel has or has not been established or the report with respect to the environmental assessment of the project has or has not been submitted to the Minister.

  • Marginal note:Certain time limits established jointly

    (4) In respect of a project to which paragraph (1)(b) applies and for which the responsible authority is referred to in paragraph 15(a) or (b), the Minister jointly establishes the time limits under subsections (2) and (3) with the responsible authority with respect to the project.

  • Marginal note:Posting time limits on Internet site

    (5) The Agency must post on the Internet site a notice of any time limits established under subsection (2) or (3) in respect of the project.

  • Marginal note:Excluded periods

    (6) If the Agency, the review panel or the Minister, under section 39 or subsection 44(2) or 47(2), respectively, requires the proponent of the project to collect information or undertake a study with respect to the designated project, the following periods are not included in the calculation of the time limit within which the Minister must issue the decision statement in respect of the project nor in the calculation of any of the time limits that are established under subsection (3):

    • (a) the period that is taken by the proponent, in the opinion of the Agency, to comply with the requirement under section 39;

    • (b) the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2); and

    • (c) the period that is taken by the proponent, in the opinion of the Minister, to comply with the requirement under subsection 47(2).

Marginal note:Substitution under former Act

 The environmental assessment of a project commenced under the former Act before the day on which this Act comes into force for which the Minister has, before that date, approved the substitution of a process under section 43 of the former Act is continued and completed as if the former Act had not been repealed.

Marginal note:Non-application of this Act
  •  (1) This Act does not apply to a project, as defined in the former Act, that is a designated project as defined in this Act, if one of the following conditions applies:

    • (a) the proponent of the project has, before the day on which this Act comes into force, initiated the construction of the project;

    • (b) it was determined by the Agency or a federal authority under the former Act that an environmental assessment of the project was likely not required;

    • (c) the responsible authority has taken a course of action under paragraph 20(1)(a) or (b) or subsection 37(1) of the former Act in relation to the project; or

    • (d) an order issued under subsection (2) applies to the project.

  • Marginal note:Exception

    (1.1) Paragraph (1)(b) does not apply if the carrying out of the project in whole or in part requires that a federal authority exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act and that power, duty or function was a power, duty or function referred to in subsection 5(1) of the former Act.

  • Marginal note:Cessation of effect

    (1.2) Subsection (1.1) ceases to have effect on January 1, 2014.

  • Marginal note:Minister’s powers

    (2) On the day on which this Act comes into force, the Minister may, by order, exclude from the application of this Act a project, as defined in the former Act, that is a designated project under this Act, if the Minister is of the opinion that the project was not subject to the former Act and that another jurisdiction that has powers, duties or functions in relation to the assessment of the environmental effects of the project has commenced that assessment.

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

    (3) The Agency must post a notice of any order made under subsection (2) on the Internet site.

  • 2012, c. 19, s. 52 "128", c. 31, s. 432.
Marginal note:Privileged evidence, documents or things

 The evidence, documents or things that, before the day on which this Act comes into force, are privileged under subsection 35(4) or (4.1) of the former Act are considered to be privileged under subsection 45(4) or (5), respectively, of this Act.

 
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