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:Non-application — national emergency or emergency

 Sections 67 and 68 do not apply to an authority in respect of a project

  • (a) in relation to which there are matters of national security;

  • (b) that is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (c) that is to be carried out in response to an emergency, and carrying out of the project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

Marginal note:Federal authority’s reporting duty
  •  (1) The federal authority must, at the end of each fiscal year, report on its activities under sections 67 to 69 during the previous fiscal year.

  • Marginal note:Tabling in Parliament

    (2) The information on its activities must be laid before each House of Parliament during the fiscal year after the fiscal year to which the information relates.

Marginal note:Authority’s reporting duty
  •  (1) The authority referred to in paragraph (b) of the definition authority in section 66 must, each year, report on its activities during the previous year under sections 67 and 69.

  • Marginal note:Availability

    (2) The authority must make the information on its activities available to the public.

Regional Studies

Marginal note:Establishment of committee — region entirely on federal lands
  •  (1) The Minister may establish a committee to conduct a study of the effects of existing or future physical activities carried out in a region that is entirely on federal lands.

  • Marginal note:Mandate and appointment of members

    (2) If the Minister establishes a committee, he or she must establish its terms of reference and appoint as a member of the committee one or more persons.

Marginal note:Joint establishment of committee — other regions
  •  (1) If the Minister is of the opinion that it is appropriate to conduct a study of the effects of existing or future physical activities carried out in a region that is composed in part of federal lands or in a region that is entirely outside federal lands,

    • (a) the Minister 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) respecting the joint establishment of a committee to conduct the study and the manner in which the study is to be conducted; and

    • (b) 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 that definition respecting the joint establishment of a committee to conduct the study and the manner in which the study is to be conducted.

  • Marginal note:Mandate and appointment of members

    (2) If an agreement or arrangement referred to in subsection (1) is entered into, the Minister must establish — or approve — the committee’s terms of reference and appoint one or more persons as a member of the committee — or approve their appointment.

Marginal note:Report to Minister

 On completion of the study that it conducts, the committee established under section 73 or under an agreement or arrangement entered into under paragraph 74(1)(a) or (b) must provide a report to the Minister.

Marginal note:Public notice

 On receiving the committee’s report, the Minister must make the report available to the public in any manner he or she considers appropriate to facilitate public access to the report and must advise the public that it is available.

Marginal note:Application of section 45

 Section 45 applies, with any necessary modifications, to a committee referred to in section 75 and, for the purpose of applying section 45 to a committee, a reference in that section to a review panel is a reference to a committee.

Canadian Environmental Assessment Registry

Establishment of Registry

Marginal note:Canadian Environmental Assessment Registry
  •  (1) For the purpose of facilitating public access to records relating to environmental assessments and providing notice in a timely manner of those assessments, there is to be a registry called the Canadian Environmental Assessment Registry, consisting of an Internet site and project files.

  • Marginal note:Right of access

    (2) The Registry must be operated in a manner that ensures convenient public access to it. That right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.

  • Marginal note:Copy

    (3) For the purpose of facilitating public access to records included in the Registry, the responsible authority must ensure that a copy of any of those records is provided in a timely manner on request.

Internet Site

Marginal note:Establishment and maintenance
  •  (1) The Agency must establish and maintain an Internet site that is available to the public.

  • Marginal note:Contents — responsible authority

    (2) The responsible authority with respect to a designated project must ensure that the following records and information, relating to the environmental assessment of the designated project that it conducts, are posted on the Internet site:

    • (a) any public notice that is issued by the responsible authority to request participation of 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, of any interested party — in the environmental assessment;

    • (b) a description of the factors to be taken into account in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained;

    • (c) the report with respect to the environmental assessment that is taken into account by the responsible authority or the Minister for the purpose of making decisions under section 27 or 36, or a summary of the report and an indication of how a copy of the report may be obtained;

    • (d) the report with respect to the environmental assessment or the reconsideration report that is taken into account by the Governor in Council for the purpose of making a decision under section 31, or a summary of that report and an indication of how a copy of that report may be obtained;

    • (e) notice of the responsible authority’s decision to terminate the environmental assessment under section 62 or 63;

    • (f) any other information that the responsible authority considers appropriate, including information in the form of a list of relevant records and an indication of how a copy of them may be obtained; and

    • (g) any other record or information prescribed by regulations made under paragraph 84(f).

  • Marginal note:Contents — Agency

    (3) The Agency must ensure that, in the case of an assessment conducted by a review panel or an environmental assessment completed under section 50, the following records or information are posted on the Internet site:

    • (a) the review panel’s terms of reference;

    • (b) any public notice that is issued by the review panel to request public participation in an environmental assessment;

    • (c) the report with respect to the environmental assessment that is taken into account by the Minister for the purpose of making decisions under section 47 or 51, or a summary of the report and an indication of how a copy of the report may be obtained;

    • (d) notice of the termination of an assessment conducted by the review panel under section 49;

    • (e) notice of the Minister’s decision to terminate an environmental assessment under section 62 or 64;

    • (f) any other information that the Agency considers appropriate, including information in the form of a list of relevant documents and an indication of how a copy of them may be obtained; and

    • (g) any other record or information prescribed by regulations made under paragraph 84(f).

  • Marginal note:Management of Internet site

    (4) The Agency must determine

    • (a) what the form of the Internet site is to be and how it is to be kept;

    • (b) what information must be contained in any record required to be posted on the Internet site under this Act; and

    • (c) when information may be removed from the Internet site.

Project Files

Marginal note:Establishment and maintenance
  •  (1) In respect of every designated project for which a screening or an environmental assessment is conducted, a project file must be established and maintained

    • (a) by the Agency when there is a screening of the designated project, during the screening; and

    • (b) by the responsible authority from the commencement of the environmental assessment until any follow-up program in respect of the designated project is completed.

  • Marginal note:Contents of project file

    (2) A project file must contain all records produced, collected or received for the purpose of conducting the screening and the environmental assessment of the designated project, including

    • (a) all records posted on the Internet site;

    • (b) the description of the designated project;

    • (c) any report relating to the environmental assessment;

    • (d) any comments that are received from the public in relation to the screening and the environmental assessment;

    • (e) any records relating to the design or implementation of any follow-up program; and

    • (f) any records relating to mitigation measures to be implemented.

 
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