Canadian Environmental Assessment Act, 2012

Version of section 5 from 2012-12-14 to 2013-11-24:

Marginal note:Environmental effects
  •  (1) For the purposes of this Act, the environmental effects that are to be taken into account in relation to an act or thing, a physical activity, a designated project or a project are

    • (a) a change that may be caused to the following components of the environment that are within the legislative authority of Parliament:

    • (b) a change that may be caused to the environment that would occur

      • (i) on federal lands,

      • (ii) in a province other than the one in which the act or thing is done or where the physical activity, the designated project or the project is being carried out, or

      • (iii) outside Canada; and

    • (c) with respect to aboriginal peoples, an effect occurring in Canada of any change that may be caused to the environment on

      • (i) health and socio-economic conditions,

      • (ii) physical and cultural heritage,

      • (iii) the current use of lands and resources for traditional purposes, or

      • (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance.

  • Marginal note:Exercise of power or performance of duty or function by federal authority

    (2) However, if the carrying out of the physical activity, the designated project or the project requires a federal authority to exercise a power or perform a duty or function conferred on it under any Act of Parliament other than this Act, the following environmental effects are also to be taken into account:

    • (a) a change, other than those referred to in paragraphs (1)(a) and (b), that may be caused to the environment and that is directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that would permit the carrying out, in whole or in part, of the physical activity, the designated project or the project; and

    • (b) an effect, other than those referred to in paragraph (1)(c), of any change referred to in paragraph (a) on

      • (i) health and socio-economic conditions,

      • (ii) physical and cultural heritage, or

      • (iii) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance.

  • Marginal note:Schedule 2

    (3) The Governor in Council may, by order, amend Schedule 2 to add or remove a component of the environment.

  • 2012, c. 19, s. 52 "5", c. 31, s. 425(F).
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