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:Responsible authority’s obligations

 The responsible authority with respect to a designated project must ensure that

  • (a) an environmental assessment of the designated project is conducted; and

  • (b) a report is prepared with respect to that environmental assessment.

Marginal note:Information
  •  (1) The responsible authority may, when conducting the environmental assessment of a designated project and preparing the report with respect to the environmental assessment of the designated project, use any information that is available to it.

  • Marginal note:Studies and collection of information

    (2) However, if the responsible authority is of the opinion that there is not sufficient information available to it for the purpose of conducting the environmental assessment or preparing the report with respect to the environmental assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the responsible authority, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.

Marginal note:Public participation

 Subject to section 28, the responsible authority must ensure that the public is provided with an opportunity to participate in the environmental assessment of a designated project.

Marginal note:Public notice in certain cases — draft report
  •  (1) When the responsible authority is the Agency, it must ensure that a draft report with respect to the environmental assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site:

    • (a) a copy of the draft report or an indication of how a copy may be obtained; and

    • (b) a notice that invites the public to provide comments on the draft report within the period specified and provides the address for filing those comments.

  • Marginal note:Final report submitted to Minister

    (2) After taking into account any comments received from the public, the Agency must finalize the report with respect to the environmental assessment of the designated project and submit it to the Minister.

Marginal note:Delegation
  •  (1) The responsible authority with respect to a designated project may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (f) of the definition jurisdiction in subsection 2(1) the carrying out of any part of the environmental assessment of the designated project and the preparation of the report with respect to the environmental assessment of the designated project, but must not delegate the duty to make decisions under subsection 27(1).

  • Marginal note:For greater certainty

    (2) For greater certainty, the responsible authority must not make decisions under subsection 27(1) unless it is satisfied that any delegated duty or function has been performed in accordance with this Act.

Marginal note:Responsible authority’s or Minister’s decisions
  •  (1) The responsible authority or, when the Agency is the responsible authority, the Minister, after taking into account the report with respect to the environmental assessment of the designated project, must make decisions under subsection 52(1).

  • Marginal note:Time limit for Minister’s decisions

    (2) The Minister’s decisions must be made no later than 365 days after the day on which the notice of the commencement of the environmental assessment of the designated project is posted on the Internet site.

  • Marginal note:Extension of time limit by Minister

    (3) The Minister may extend that time limit by any further period — up to a maximum of three months — that is necessary to permit the Agency to cooperate with a jurisdiction referred to in section 18 with respect to the environmental assessment of the designated project or to take into account circumstances that are specific to the project.

  • Marginal note:Extension of time limit by Governor in Council

    (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3).

  • Marginal note:Posting notice of extension on Internet site

    (5) The Agency must post on the Internet site a notice of any extension granted under subsection (3) or (4).

  • Marginal note:Excluded period

    (6) If, under subsection 23(2), the Agency requires the proponent of a designated project to collect information or undertake a study with respect to the designated project, then the period that is taken by the proponent, in the Agency’s opinion, to comply with the requirement is not included in the calculation of the time limit within which the Minister’s decisions must be made.

  • Marginal note:Non application — section 54 of the National Energy Board Act

    (7) Subsection (1) does not apply if the carrying out of the designated project requires that a certificate be issued in accordance with an order made under section 54 of the National Energy Board Act.

Section 54 of the National Energy Board Act

Marginal note:Participation of interested party

 If the carrying out of a designated project requires that a certificate be issued in accordance with an order made under section 54 of the National Energy Board Act, the responsible authority with respect to the designated project must ensure that any interested party is provided with an opportunity to participate in the environmental assessment of the designated project.

Marginal note:Recommendations in environmental assessment report
  •  (1) If the carrying out of a designated project requires that a certificate be issued in accordance with an order made under section 54 of the National Energy Board Act, the responsible authority with respect to the designated project must ensure that the report concerning the environmental assessment of the designated project sets out

    • (a) its recommendation with respect to the decision that may be made under paragraph 31(1)(a) in relation to the designated project, taking into account the implementation of any mitigation measures that it set out in the report; and

    • (b) its recommendation with respect to the follow-up program that is to be implemented in respect of the designated project.

  • Marginal note:Submission of report to Minister

    (2) The responsible authority submits its report to the Minister within the meaning of section 2 of the National Energy Board Act at the same time as it submits the report referred to in subsection 52(1) of that Act.

  • Marginal note:Report is final and conclusive

    (3) Subject to sections 30 and 31, the report with respect to the environmental assessment is final and conclusive.

Marginal note:Order to reconsider
  •  (1) After the responsible authority with respect to a designated project has submitted its report with respect to the environmental assessment under section 29, the Governor in Council may, by order made under section 53 of the National Energy Board Act, refer any of the responsible authority’s recommendations set out in the report back to the responsible authority for reconsideration.

  • Marginal note:Factors and time limit

    (2) The order may direct the responsible authority to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the responsible authority must complete its reconsideration.

  • Marginal note:Responsible authority’s obligation

    (3) The responsible authority must, before the expiry of the time limit specified in the order, if one was specified, reconsider any recommendation specified in the order and prepare and submit to the Minister within the meaning of section 2 of the National Energy Board Act a report on its reconsideration.

  • Marginal note:Content of reconsideration report

    (4) In the reconsideration report, the responsible authority must

    • (a) if the order refers to the recommendation referred to in paragraph 29(1)(a)

      • (i) confirm the recommendation or set out a different one with respect to the decision that may be made under paragraph 31(1)(a) in relation to the designated project, and

      • (ii) confirm, modify or replace the mitigation measures set out in the report with respect to the environmental assessment; and

    • (b) if the order refers to the recommendation referred to in paragraph 29(1)(b), confirm the recommendation or set out a different one with respect to the follow-up program that is to be implemented in respect of the designated project.

  • Marginal note:Report is final and conclusive

    (5) Subject to section 31, the responsible authority reconsideration report is final and conclusive.

  • Marginal note:Reconsideration of report under this section

    (6) After the responsible authority has submitted its report under subsection (3), the Governor in Council may, by order made under section 53 of the National Energy Board Act, refer any of the responsible authority’s recommendations set out in the report back to the responsible authority for reconsideration. If it does so, subsections (2) to (5) apply. However, in subparagraph (4)(a)(ii), the reference to the mitigation measures set out in the report with respect to the environmental assessment is to be read as a reference to the mitigation measures set out in the reconsideration report.

 
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