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:Studies and collection of information

 When the Minister refers the environmental assessment of a designated project to a review panel under section 38, the Agency may, from the day on which the referral is made and until the day on which the panel is established, require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Agency, are necessary for the environmental assessment by the review panel.

Marginal note:Agreement to jointly establish review panel
  •  (1) When the Minister refers the environmental assessment of a designated project to a review panel under section 38, he or she may enter into an agreement or arrangement with any jurisdiction referred to in paragraphs (a) to (f) of the definition jurisdiction in subsection 2(1) that has powers, duties or functions in relation to the assessment of the environmental effects of the designated project, respecting the joint establishment of a review panel and the manner in which the environmental assessment of the designated project is to be conducted by that panel.

  • Marginal note:Other jurisdiction

    (2) When the Minister refers the environmental assessment of a designated project to a review panel under section 38, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with any jurisdiction referred to in paragraph (g) or (h) of the definition jurisdiction in subsection 2(1) that has powers, duties or functions in relation to an assessment of the environmental effects of the designated project respecting the joint establishment of a review panel and the manner in which the environmental assessment of the designated project is to be conducted by that panel.

  • Marginal note:Posting on Internet site

    (3) Any agreement or arrangement referred to in subsection (1) or (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.

Marginal note:Mackenzie Valley Resource Management Act
  •  (1) When a proposal is referred to the Minister under paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act, the Minister must refer the proposal to a review panel.

  • Marginal note:Document establishing review panel

    (2) When the Minister is required to refer the proposal to a review panel, he or she and the Mackenzie Valley Environmental Impact Review Board must, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.

  • Marginal note:If no agreement

    (3) Despite subsection (2), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal must be conducted.

  • Marginal note:Coordination with environmental impact review

    (4) The Minister must to the extent possible ensure that any assessment of the proposal required by subsection (3) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.

  • Marginal note:Consultations

    (5) Before making decisions under section 47 in relation to the proposal referred to in subsection (4), the Minister must take into account any report concerning the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act and must consult the persons and bodies to whom the report is submitted or distributed under subsection 134(3) of that Act.

  • Marginal note:Posting on Internet site

    (6) Any document establishing a review panel under subsection (2) must be posted on the Internet site before the commencement of the hearings conducted by the jointly established review panel.

Marginal note:Terms of reference and appointment of members
  •  (1) Subject to subsection (2), if the environmental assessment of a designated project is referred to a review panel, the Minister must establish the panel’s terms of reference and appoint as a member one or more persons who are unbiased and free from any conflict of interest relative to the designated project and who have knowledge or experience relevant to its anticipated environmental effects.

  • Marginal note:Provisions of agreement

    (2) When there is an agreement or arrangement to jointly establish a review panel under subsection 40(1) or (2), or when there is a document jointly establishing a review panel under subsection 41(2), the agreement, arrangement or document must provide that the environmental assessment of the designated project includes a consideration of the factors set out in subsection 19(1) and is conducted in accordance with any additional requirements and procedures set out in it and provide that

    • (a) the Minister must establish — or approve — the review panel’s terms of reference;

    • (b) subject to section 54, the Minister establishes or approves the period within which the panel must submit its report with respect to the environmental assessment of the designated project and may, at any time, modify the terms of reference in order to extend the period;

    • (c) the Minister must appoint — or approve the appointment of — the chairperson or appoint a co-chairperson and must appoint at least one other member of the review panel; and

    • (d) the members of the panel are to be unbiased and free from any conflict of interest relative to the designated project and are to have knowledge or experience relevant to its anticipated environmental effects.

  • Marginal note:Establishment of roster

    (3) The Minister must establish a roster of persons who may be appointed as members of a review panel established under subsection (1) or under an agreement, arrangement or document referred to in subsection (2).

Marginal note:Review panel’s duties
  •  (1) A review panel must, in accordance with its terms of reference,

    • (a) conduct an environmental assessment of the designated project;

    • (b) ensure that the information that it uses when conducting the environmental assessment is made available to the public;

    • (c) hold hearings in a manner that offers any interested party an opportunity to participate in the environmental assessment;

    • (d) prepare a report with respect to the environmental assessment that sets out

      • (i) the review panel’s rationale, conclusions and recommendations, including any mitigation measures and follow-up program, and

      • (ii) a summary of any comments received from the public, including interested parties;

    • (e) submit the report with respect to the environmental assessment to the Minister; and

    • (f) on the Minister’s request, clarify any of the conclusions and recommendations set out in its report with respect to the environmental assessment.

  • Marginal note:Time limit

    (2) Subject to section 54, when a review panel is not jointly established under an agreement, arrangement or document referred to in subsection 42(2), the Minister must, in the terms of reference, set out the period within which the panel must submit the report with respect to the environmental assessment of the designated project to the Minister and may, at any time, modify the terms of reference in order to extend the period.

Marginal note:Information
  •  (1) A review panel 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 review panel is of the opinion that there is not sufficient information available 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 review panel, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.

Marginal note:Power to summon witnesses
  •  (1) A review panel has the power to summon any person to appear as a witness before it and to order the witness to

    • (a) give evidence, orally or in writing; and

    • (b) produce any records and things that the panel considers necessary for conducting its environmental assessment of the designated project.

  • Marginal note:Enforcement powers

    (2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce records and other things as is vested in a court of record.

  • Marginal note:Hearings to be public

    (3) A hearing by a review panel must be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm would be caused to the environment by the disclosure of the evidence, records or other things that the witness is ordered to give or produce under subsection (1).

  • Marginal note:Non-disclosure

    (4) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific, direct and substantial harm to a witness, the evidence, records or things are privileged and must not, without the witness’s authorization, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, records or other things under this Act.

  • Marginal note:Non-disclosure

    (5) If a review panel is satisfied that the disclosure of evidence, records or other things would cause specific harm to the environment, the evidence, records or things are privileged and must not, without the review panel’s authorization, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, records or other things under this Act.

  • Marginal note:Enforcement of summonses and orders

    (6) Any summons issued or order made by a review panel under subsection (1) must, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure.

  • Marginal note:Immunity

    (7) No action or other proceeding lies or is to be commenced against a member of a review panel for or in respect of anything done or omitted to be done during the course of and for the purposes of the assessment by the review panel.

 
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