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:Posting of decision statement on Internet site

 The responsible authority referred to in any of paragraphs 15(a) to (c) must ensure that any decision statement that it issues under section 54 is posted on the Internet site, and the Agency must post on the Internet site any decision statement that the Minister issues under that section.

Marginal note:Decision statement considered part of licence under Nuclear Safety and Control Act
  •  (1) A decision statement issued in relation to a designated project by the responsible authority referred to in paragraph 15(a) is considered to be a part of the licence issued under section 24 of the Nuclear Safety and Control Act in relation to the designated project.

  • Marginal note:Decision statement considered part of certificate, etc., under National Energy Board Act and Canada Oil and Gas Operations Act

    (2) A decision statement issued in relation to a designated project by the responsible authority referred to in paragraph 15(b) is considered to be a part of

    • (a) the certificate, order, permit or licence issued, the leave or exemption granted or the direction or approval given under the National Energy Board Act in relation to the designated project; or

    • (b) the authorization or licence issued, the approval granted or the leave given under the Canada Oil and Gas Operations Act in relation to the designated project.

Participant Funding Programs

Marginal note:Agency’s obligation

 The Agency must establish a participant funding program to facilitate the participation of the public in the environmental assessment of designated projects that have been referred to a review panel under section 38.

Marginal note:Responsible authority’s obligation
  •  (1) A responsible authority must establish a participant funding program to facilitate the participation of the public in the environmental assessment of any designated project, for which it is the responsible authority, that meets the following conditions:

    • (a) it includes physical activities that are designated by regulations made under paragraph 84(e) or that are part of a class of activities designated by those regulations; and

    • (b) the environmental assessment of the designated project was not referred to a review panel under section 38.

  • Marginal note:Exception

    (2) The obligation does not apply with respect to any designated project for which the Minister has approved a substitution under section 32.

Cost Recovery

Marginal note:Proponent’s obligation to pay costs
  •  (1) For the Agency to recover its costs in relation to the environmental assessment of a designated project, the proponent of the designated project must pay to the Agency

    • (a) if the environmental assessment is conducted by the Agency, any costs that the Agency incurs for prescribed services provided by a third party in the course of the environmental assessment and any prescribed amounts that are related to the exercise of its responsibilities in relation to the environmental assessment; and

    • (b) if the environmental assessment is referred to a review panel under section 38, any costs that the review panel and the Agency incur for prescribed services provided by a third party in the course of the environmental assessment and any prescribed amounts that are related to the exercise of its responsibilities or to those of the members of the review panel, in relation to the environmental assessment.

  • Marginal note:Service Fees Act

    (2) The Service Fees Act does not apply to the costs and amounts referred to in subsection (1) that are fixed at the time of the coming into force of this Act.

  • 2012, c. 19, s. 52 “59”;
  • 2017, c. 20, s. 454.
Marginal note:Services provided during given period

 For the purposes of section 59, the services or responsibilities are limited to those provided or exercised during the period that begins when the notice of the commencement of the environmental assessment of the designated project is posted on the Internet site under section 17 and that ends when the decision statement is issued to the proponent under section 54.

Marginal note:Debt due to Her Majesty

 The costs and amounts that the proponent must pay under section 59 constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Termination of Environmental Assessment

Marginal note:Termination by responsible authority or Minister

 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 — may terminate the environmental assessment if the proponent advises the responsible authority or the Minister in writing that the proponent does not intend to carry out the designated project.

Marginal note:Termination by responsible authority

 The responsible authority referred to in any of paragraphs 15(a) to (c) may terminate the environmental assessment of a designated project for which it is the responsible authority if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part and, if the responsible authority is referred to in paragraph 15(c), the environmental assessment of a designated project was not referred to a review panel under section 38.

  • 2012, c. 19, s. 52 "63", c. 31, s. 429(E).
Marginal note:Termination by Minister

 The Minister may terminate the environmental assessment by a review panel of a designated project for which the responsible authority is referred to in paragraph 15(c) if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part.

  • 2012, c. 19, s. 52 "64", c. 31, s. 429(E).

Confidential Information

Marginal note:No disclosure

 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies is to be disclosed or made available under this Act to any person.

Duties of Certain Authorities in Relation to Projects

Marginal note:Definitions

 The following definitions apply in sections 5 and 67 to 72.

authority

autorité

authority means

  • (a) a federal authority; and

  • (b) any other body that is set out in Schedule 3. (autorité)

project

projet

project means a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and is not a designated project. (projet)

  • 2012, c. 19, s. 52 "66", c. 31, s. 430.
Marginal note:Project carried out on federal lands

 An authority must not carry out a project on federal lands, or exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands, unless

  • (a) the authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b) the authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances under subsection 69(3).

  • 2012, c. 19, s. 52 "67", c. 31, s. 431(E).
Marginal note:Project outside Canada

 A federal authority must not carry out a project outside Canada, or provide financial assistance to any person for the purpose of enabling, in whole or in part, a project to be carried out outside Canada, unless

  • (a) the federal authority determines that the carrying out of the project is not likely to cause significant adverse environmental effects; or

  • (b) the federal authority determines that the carrying out of the project is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances under subsection 69(3).

Marginal note:Referral to Governor in Council
  •  (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

  • Marginal note:Referral through Minister

    (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.

  • Marginal note:Governor in Council’s decision

    (3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.

 
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