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

Act current to 2018-07-05 and last amended on 2017-06-22. Previous Versions

Marginal note:Governor in Council’s decision
  •  (1) After the responsible authority with respect to a designated project has submitted its report with respect to the environmental assessment or its reconsideration report under section 29 or 30, the Governor in Council may, by order made under subsection 54(1) of the National Energy Board Act

    • (a) decide, taking into account the implementation of any mitigation measures specified in the report with respect to the environmental assessment or in the reconsideration report, if there is one, that the designated project

      • (i) is not likely to cause significant adverse environmental effects,

      • (ii) is likely to cause significant adverse environmental effects that can be justified in the circumstances, or

      • (iii) is likely to cause significant adverse environmental effects that cannot be justified in the circumstances; and

    • (b) direct the responsible authority to issue a decision statement to the proponent of the designated project that

      • (i) informs the proponent of the decision made under paragraph (a) with respect to the designated project and,

      • (ii) if the decision is referred to in subparagraph (a)(i) or (ii), sets out conditions — which are the implementation of the mitigation measures and the follow-up program set out in the report with respect to the environmental assessment or the reconsideration report, if there is one — that must be complied with by the proponent in relation to the designated project.

  • Marginal note:Certain conditions subject to exercise of power or performance of duty or function

    (2) The conditions that are included in the decision statement regarding the environmental effects referred to in subsection 5(2), that are directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority and that would permit the designated project to be carried out, in whole or in part, take effect only if the federal authority exercises the power or performs the duty or function.

  • Marginal note:Responsible authority’s obligation

    (3) The responsible authority must issue to the proponent of the designated project the decision statement that is required in accordance with the order relating to the designated project within seven days after the day on which that order is made.

  • Marginal note:Posting of decision statement on Internet site

    (4) The responsible authority must ensure that the decision statement is posted on the Internet site.

  • Marginal note:Decision statement considered part of certificate

    (5) The decision statement issued in relation to the designated project under subsection (3) is considered to be a part of the certificate issued in accordance with the order made under section 54 of the National Energy Board Act in relation to the designated project.

Substitution

Marginal note:Minister’s obligation
  •  (1) Subject to sections 33 and 34, if the Minister is of the opinion that a process for assessing the environmental effects of designated projects that is followed by the government of a province — or any agency or body that is established under an Act of the legislature of a province — that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project would be an appropriate substitute, the Minister must, on request of the province, approve the substitution of that process for an environmental assessment.

  • Marginal note:Minister’s power

    (2) Subject to sections 33 and 34, if the Minister is of the opinion that a process for assessing the environmental effects of designated projects that is followed by any jurisdiction referred to in paragraph (e) or (f) of the definition jurisdiction in subsection 2(1) that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project would be an appropriate substitute, the Minister may approve the substitution of that process for the environmental assessment.

  • Marginal note:Manner of approval

    (3) An approval must be in writing and may be given in respect of a designated project or a class of designated projects.

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

    (4) The Agency must post a notice of the approval on the Internet site.

Marginal note:Exceptions

 The Minister must not approve the substitution of a process in relation to a designated project

  • (a) for which the responsible authority is referred to in paragraph 15(a) or (b); or

  • (b) in relation to which the environmental assessment has been referred by the Minister to a review panel under section 38.

Marginal note:Conditions
  •  (1) The Minister may only approve a substitution if he or she is satisfied that

    • (a) the process to be substituted will include a consideration of the factors set out in subsection 19(1);

    • (b) the public will be given an opportunity to participate in the assessment;

    • (c) the public will have access to records in relation to the assessment to enable their meaningful participation;

    • (d) at the end of the assessment, a report will be submitted to the responsible authority;

    • (e) the report will be made available to the public; and

    • (f) any other conditions that the Minister establishes are or will be met.

  • Marginal note:Approval

    (2) The Minister may also approve the substitution of a process that has already been completed for an environmental assessment if he or she is satisfied that the conditions under subsection (1) have been met.

  • Marginal note:Availability

    (3) The conditions referred to in paragraph (1)(f) must be made available to the public.

Marginal note:Assessment considered in conformity

 If the Minister approves the substitution of a process under section 32, the assessment that results from the substitution is considered to be an environmental assessment under this Act and to satisfy any requirements of this Act and the regulations in respect of an environmental assessment.

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

 After taking into account the report with respect to the environmental assessment of the designated project that is received by the responsible authority at the end of the assessment under the process authorized by section 32, the responsible authority or, when the Agency is the responsible authority, the Minister must make decisions under subsection 52(1).

Equivalent Assessment

Marginal note:Exemption
  •  (1) When the Minister must, under subsection 32(1), on request, approve the substitution of a process that is followed by the government of a province or any agency or body that is established under an Act of the legislature of a province for an environmental assessment of a designated project, the Governor in Council may, by order and on the Minister’s recommendation, exempt the designated project from the application of this Act, if the Governor in Council is satisfied that

    • (a) after the completion of the assessment process, the government or the agency or body determines whether, taking into account the implementation of any mitigation measures that it considers appropriate, the designated project is likely to cause significant adverse environmental effects;

    • (b) the government or the agency or body ensures the implementation of the mitigation measures that are taken into account in making the determination and the implementation of a follow-up program; and

    • (c) any other conditions that the Minister establishes are or will be met.

  • Marginal note:Availability

    (2) The conditions referred to in paragraph (1)(c) must be made available to the public.

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

    (3) The Agency must post a notice of any order made under subsection (1) on the Internet site.

Environmental Assessment by a Review Panel

General Rules

Marginal note:Referral to review panel
  •  (1) Subject to subsection (6), within 60 days after the notice of the commencement of the environmental assessment of a designated project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, refer the environmental assessment to a review panel.

  • Marginal note:Public interest

    (2) The Minister’s determination regarding whether the referral of the environmental assessment of the designated project to a review panel is in the public interest must include a consideration of the following factors:

    • (a) whether the designated project may cause significant adverse environmental effects;

    • (b) public concerns related to the significant adverse environmental effects that the designated project may cause; and

    • (c) opportunities for cooperation with any jurisdiction that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project or any part of it.

  • Marginal note:Time limits

    (3) If the Minister refers the environmental assessment of the designated project to a review panel, the Minister must establish the following time limits — which combined are not to exceed 24 months — within which

    • (a) the review panel is to be established after the referral;

    • (b) the review panel must submit the report with respect to the environmental assessment of the designated project to the Minister; and

    • (c) the Minister must, after receiving the review panel’s report, issue a decision statement under section 54 in relation to the designated project.

  • Marginal note:Modified time limits

    (4) Subject to section 54, the Minister may, as required, modify those time limits.

  • Marginal note:Posting of notices on Internet site

    (5) The Agency must post on the Internet site a notice of any decision made by the Minister to refer the environmental assessment of the designated project to a review panel, and a notice of any time limits that the Minister establishes in relation to the designated project and any changes that he or she may make to those time limits.

  • Marginal note:Exception

    (6) The Minister must not refer to a review panel the environmental assessment of a designated project for which the responsible authority is referred to in paragraph 15(a) or (b).

 
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