Canadian Environmental Assessment Act, 2012

Version of section 128 from 2012-07-06 to 2012-12-13:

Marginal note:Non-application of this Act
  •  (1) This Act does not apply to a project, as defined in the former Act, that is a designated project as defined in this Act, if one of the following conditions applies:

    • (a) the proponent of the project has, before the day on which this Act comes into force, initiated the construction of the project;

    • (b) it was determined by the Agency or a federal authority under the former Act that an environmental assessment of the project was likely not required;

    • (c) the responsible authority has taken a course of action under paragraph 20(1)(a) or (b) or subsection 37(1) of the former Act in relation to the project; or

    • (d) an order issued under subsection (2) applies to the project.

  • Marginal note:Minister’s powers

    (2) On the day on which this Act comes into force, the Minister may, by order, exclude from the application of this Act a project, as defined in the former Act, that is a designated project under this Act, if the Minister is of the opinion that the project was not subject to the former Act and that another jurisdiction that has powers, duties or functions in relation to the assessment of the environmental effects of the project has commenced that assessment.

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

    (3) The Agency must post a notice of any order made under subsection (2) on the Internet site.

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