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:Federal authority’s obligation

 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to a screening must, on request, make that information or knowledge available to the Agency within the specified period.

Marginal note:Posting notice of decision on Internet site

 The Agency must post a notice of its decision made under paragraph 10(b) on the Internet site.

Environmental Assessment Required

Marginal note:Activities regulated by regulatory body

 A designated project for which the responsible authority is referred to in any of paragraphs 15(a) to (c) is subject to an environmental assessment.

Marginal note:Designation of physical activity as designated project
  •  (1) A designated project that includes a physical activity designated under subsection (2) is subject to an environmental assessment.

  • Marginal note:Minister’s power to designate

    (2) The Minister may, by order, designate a physical activity that is not prescribed by regulations made under paragraph 84(a) if, in the Minister’s opinion, either the carrying out of that physical activity may cause adverse environmental effects or public concerns related to those effects may warrant the designation.

  • Marginal note:Minister’s power to require that information be provided

    (3) The Minister may require any person to provide information with respect to any physical activity that can be designated under subsection (2).

  • Marginal note:Federal authority

    (4) The Minister must specify in the order made under subsection (2) for each designated physical activity one of the following federal authorities to which the physical activity is linked:

    • (a) the Canadian Nuclear Safety Commission;

    • (b) the National Energy Board;

    • (c) any federal authority that performs regulatory functions, that may hold public hearings and that is specified in regulations made under paragraph 83(b); or

    • (d) the Agency.

  • Marginal note:Limitation

    (5) The Minister must not make the designation referred to in subsection (2) if

    • (a) the carrying out of the physical activity has begun and, as a result, the environment has been altered; or

    • (b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.

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

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

  • 2012, c. 19, s. 52 "14", c. 31, s. 427(E).

Environmental Assessment of Designated Projects

Responsible Authority

Marginal note:Responsible authority

 For the purposes of this Act, the responsible authority with respect to a designated project that is subject to an environmental assessment is

  • (a) the Canadian Nuclear Safety Commission, in the case of a designated project that includes activities that are regulated under the Nuclear Safety and Control Act and that are linked to the Canadian Nuclear Safety Commission as specified in the regulations made under paragraph 84(a) or the order made under subsection 14(2);

  • (b) the National Energy Board, in the case of a designated project that includes activities that are regulated under the National Energy Board Act or the Canada Oil and Gas Operations Act and that are linked to the National Energy Board as specified in the regulations made under paragraph 84(a) or the order made under subsection 14(2);

  • (c) the federal authority that performs regulatory functions, that may hold public hearings and that is prescribed by regulations made under paragraph 83(b), in the case of a designated project that includes activities that are linked to that federal authority as specified in the regulations made under paragraph 84(a) or the order made under subsection 14(2); or

  • (d) the Agency, in the case of a designated project that includes activities that are linked to the Agency as specified in the regulations made under paragraph 84(a) or the order made under subsection 14(2).

Marginal note:Cooperation

 If two designated projects are closely related and the responsible authority with respect to each of them is different, each responsible authority must cooperate with the other with respect to the exercise of their respective powers and the performance of their respective duties and functions under this Act in relation to the projects.

Commencement of Environmental Assessment

Marginal note:Posting of notice on Internet site

 The responsible authority with respect to a designated project must ensure that a notice of the commencement of the environmental assessment of a designated project is posted on the Internet site.

Consultation and Cooperation with Certain Jurisdictions

Marginal note:Responsible authority’s or Minister’s obligations

 The responsible authority with respect to a designated project — or the Minister if the environmental assessment of the designated project has been referred to a review panel under section 38 — must offer to consult and cooperate with respect to the environmental assessment of the designated project with any jurisdiction referred to in paragraphs (c) to (h) of the definition jurisdiction in subsection 2(1) if that jurisdiction has powers, duties or functions in relation to an assessment of the environmental effects of the designated project.

Factors To Be Considered

Marginal note:Factors
  •  (1) The environmental assessment of a designated project must take into account the following factors:

    • (a) the environmental effects of the designated project, including the environmental effects of malfunctions or accidents that may occur in connection with the designated project and any cumulative environmental effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out;

    • (b) the significance of the effects referred to in paragraph (a);

    • (c) comments from the public — or, with respect to a designated project that requires that a certificate be issued in accordance with an order made under section 54 of the National Energy Board Act, any interested party — that are received in accordance with this Act;

    • (d) mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the designated project;

    • (e) the requirements of the follow-up program in respect of the designated project;

    • (f) the purpose of the designated project;

    • (g) alternative means of carrying out the designated project that are technically and economically feasible and the environmental effects of any such alternative means;

    • (h) any change to the designated project that may be caused by the environment;

    • (i) the results of any relevant study conducted by a committee established under section 73 or 74; and

    • (j) any other matter relevant to the environmental assessment that the responsible authority, or — if the environmental assessment is referred to a review panel — the Minister, requires to be taken into account.

  • Marginal note:Scope of factors

    (2) The scope of the factors to be taken into account under paragraphs (1)(a), (b), (d), (e), (g), (h) and (j) is determined by

    • (a) the responsible authority; or

    • (b) the Minister, if the environmental assessment is referred to a review panel.

  • Marginal note:Community knowledge and Aboriginal traditional knowledge

    (3) The environmental assessment of a designated project may take into account community knowledge and Aboriginal traditional knowledge.

Federal Authority’s Obligation

Marginal note:Specialist or expert information

 Every federal authority that is in possession of specialist or expert information or knowledge with respect to a designated project that is subject to an environmental assessment must, on request, make that information or knowledge available, within the specified period, to

  • (a) the responsible authority;

  • (b) the review panel;

  • (c) a government, an agency or body, or a jurisdiction that conducts an assessment of the designated project under a substituted process authorized by section 32; and

  • (d) a jurisdiction that conducts an assessment, in the case of a designated project that is exempted under subsection 37(1).

Environmental Assessment by Responsible Authority

General Rules

Marginal note:Application only when no referral to review panel

 Sections 22 to 27 cease to apply to a designated project if it is referred by the Minister to a review panel under section 38.

 
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