Canadian Environmental Assessment Act, 2012 (S.C. 2012, c. 19, s. 52)

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

Marginal note:Public notice

 On receiving a report with respect to the environmental assessment of the designated project by a review panel, 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:Minister’s decisions
  •  (1) The Minister, after taking into account the review panel’s report with respect to the environmental assessment, must make decisions under subsection 52(1).

  • Marginal note:Studies and collection of information

    (2) The Minister may, before making decisions referred to in subsection 52(1), require the proponent of the designated project to collect any information or undertake any studies that, in the opinion of the Minister, are necessary for the Minister to make decisions.

Marginal note:Excluded periods

 If the Agency, the review panel or the Minister, under section 39 or subsection 44(2) or 47(2), respectively, requires the proponent of a designated project to collect information or undertake a study with respect to the designated project, then

  • (a) the period that is taken by the proponent, in the opinion of the Agency, to comply with the requirement under section 39 is not included in the calculation of the period referred to in paragraph 38(3)(a);

  • (b) the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2) is not included in the calculation of the period referred to in paragraph 38(3)(b) or 42(2)(b) or subsection 43(2); and

  • (c) the period that is taken by the proponent, in the opinion of the Minister, to comply with the requirement under subsection 47(2) is not included in the calculation of the period referred to in paragraph 38(3)(c).

Rules in Case of Termination

Marginal note:Termination
  •  (1) The Minister must terminate the assessment by a review panel of a designated project if the review panel fails to submit its report within the specified period including any extension of time limits.

  • Marginal note:Power to terminate

    (2) The Minister may terminate the assessment by a review panel of a designated project if he or she is of the opinion that the review panel will not be able to submit its report within the specified period including any extension of time limits.

  • Marginal note:Preliminary consultations

    (3) However, before the Minister exercises the power referred to in subsection (2) with respect to a review panel that is jointly established under one of the following agreements, arrangements or documents, he or she must

    • (a) in the case of an agreement or arrangement referred to in subsection 40(1), consult the jurisdiction with which the agreement or arrangement was entered into;

    • (b) in the case of an agreement or arrangement referred to in subsection 40(2), obtain the approval of the Minister of Foreign Affairs and consult the jurisdiction with which the agreement or arrangement was entered into; and

    • (c) in the case of a document referred to in subsection 41(2), consult the Mackenzie Valley Environmental Impact Review Board.

Marginal note:Completion of environmental assessment by Agency

 When the assessment by a review panel of a designated project is terminated under section 49, the Agency must, in accordance with directives provided by the Minister, complete the environmental assessment of the designated project and prepare a report and submit it to the Minister.

Marginal note:Minister’s decisions

 The Minister, after taking into account the report with respect to the environmental assessment of the designated project that was submitted by the Agency, must make decisions under subsection 52(1).

Decision Making

Marginal note:Decisions of decision maker
  •  (1) For the purposes of sections 27, 36, 47 and 51, the decision maker referred to in those sections must decide if, taking into account the implementation of any mitigation measures that the decision maker considers appropriate, the designated project

    • (a) is likely to cause significant adverse environmental effects referred to in subsection 5(1); and

    • (b) is likely to cause significant adverse environmental effects referred to in subsection 5(2).

  • Marginal note:Referral if significant adverse environmental effects

    (2) If the decision maker decides that the designated project is likely to cause significant adverse environmental effects referred to in subsection 5(1) or (2), the decision maker must refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

  • Marginal note:Referral through Minister

    (3) If the decision maker is a responsible authority referred to in any of paragraphs 15(a) to (c), the referral to the Governor in Council is made through the Minister responsible before Parliament for the responsible authority.

  • Marginal note:Governor in Council’s decision

    (4) When a matter has been referred to the Governor in Council, the Governor in Council may decide

    • (a) that the significant adverse environmental effects that the designated project is likely to cause are justified in the circumstances; or

    • (b) that the significant adverse environmental effects that the designated project is likely to cause are not justified in the circumstances.

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) must include

    • (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.

  • 2012, c. 19, s. 52 "53", c. 31, s. 428.

Decision Statement

Marginal note:Decision statement issued to proponent
  •  (1) The decision maker must issue a decision statement to the proponent of a designated project that

    • (a) informs the proponent of the designated project of the decisions made under paragraphs 52(1)(a) and (b) in relation to the designated project and, if a matter was referred to the Governor in Council, of the decision made under subsection 52(4) in relation to the designated project; and

    • (b) includes any conditions that are established under section 53 in relation to the designated project and that must be complied with by the proponent.

  • Marginal note:Time limit of decision statement

    (2) When the decision maker has made a decision under paragraphs 52(1)(a) and (b) in relation to the designated project for the purpose of section 47, the decision maker must issue the decision statement no later than 24 months after the day on which the environmental assessment of the designated project was referred to a review panel under section 38.

  • Marginal note:Extension of time limit by Minister

    (3) The decision maker may extend that time limit by any further period – up to a maximum of three months – that is necessary to permit cooperation with any jurisdiction with respect to the environmental assessment of the designated project or to take into account circumstances that are specific to the project.

  • Marginal note:Extension of time limit by Governor in Council

    (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3).

  • Marginal note:Posting notice of extension on Internet site

    (5) The Agency must post a notice of any extension granted under subsection (3) or (4) on the Internet site.

  • Marginal note:Excluded period

    (6) If the Agency, the review panel or the Minister, under section 39 or subsection 44(2) or 47(2), respectively, requires the proponent of the designated project to collect information or undertake a study with respect to the designated project, the calculation of the time limit within which the decision maker must issue the decision statement does not include:

    • (a) the period that is taken by the proponent, in the opinion of the Agency, to comply with the requirement under section 39;

    • (b) the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2); and

    • (c) the period that is taken by the proponent, in the opinion of the Minister, to comply with the requirement under subsection 47(2).

 
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