Canadian Environmental Assessment Act, 2012

Version of section 53 from 2012-07-06 to 2012-12-13:

Marginal note:Conditions — environmental effects referred to in subsection 5(1)
  •  (1) If the decision maker decides under paragraph 52(1)(a) that the designated project is not likely to cause significant adverse environmental effects referred to in subsection 5(1), or the Governor in Council decides under paragraph 52(4)(a) that the significant adverse environmental effects referred to in that subsection that the designated project is likely to cause are justified in the circumstances, the decision maker must establish the conditions in relation to the environmental effects referred to in that subsection with which the proponent of the designated project must comply.

  • Marginal note:Conditions — environmental effects referred to in subsection 5(2)

    (2) If the decision maker decides under paragraph 52(1)(b) that the designated project is not likely to cause significant adverse environmental effects referred to in subsection 5(2), or the Governor in Council decides under paragraph 52(4)(a) that the significant adverse environmental effects referred to in that subsection that the designated project is likely to cause are justified in the circumstances, the decision maker must establish the conditions — that are directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit a designated project to be carried out, in whole or in part — in relation to the environmental effects referred to in that subsection with which the proponent of the designated project must comply.

  • Marginal note:Conditions subject to exercise of power or performance of duty or function

    (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function.

  • Marginal note:Mitigation measures and follow-up program

    (4) The conditions referred to in subsections (1) and (2) are

    • (a) the implementation of the mitigation measures that were taken into account in making the decisions under subsection 52(1); and

    • (b) the implementation of a follow-up program.

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