First Nations Oil And Gas Environmental Assessment Regulations (SOR/2007-272)

Marginal note:Decision-making authority to ensure implementation of mitigation measures

45 If a decision-making authority makes a decision under paragraph 44(1)(a) or (b), it may exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part, and it shall ensure that any mitigation measures that it has taken into account and that are referred to in paragraph 44(2)(a) are implemented and that a follow-up program is designed and implemented.

Marginal note:Prohibition: proceeding with project

46 If a decision-making authority makes a decision under paragraph 44(1)(c), it shall not exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part.

Previous Assessment

Marginal note:Use of previously conducted environmental assessment

• 47 (1) If a proponent of a project proposes to undertake, in whole or in part, a project for which an environmental assessment was previously conducted, the decision-making authority shall use that assessment and the resulting report to the extent that their use is appropriate for the purpose of ensuring that a screening or comprehensive study is conducted and a screening report or comprehensive study report is prepared if

  • (a) the project did not proceed after the assessment was completed;

  • (b) in the case of a project that is in relation to an installation, the proponent proposes an undertaking in relation to that installation that is different from that proposed when the assessment was conducted; or

  • (c) the manner in which the project is to be undertaken has subsequently changed.

• Marginal note:Necessary adjustments

  (2) The decision-making authority shall ensure that any adjustments are made to the report that are necessary to take into account any significant changes in the environment and in the circumstances of the project and any significant new information relating to the environmental effects of the project.

Termination of Assessment

Marginal note:Termination by decision-making authority

• 48 (1) If at any time a decision-making authority decides not to make any decision that would enable a project that has not been referred to mediation or assessment by a review panel to be undertaken, it may terminate the environmental assessment of the project.

• Marginal note:Termination by council

  (2) If at any time a decision-making authority decides not to make any decision that would enable a project that has been referred to a mediation or an assessment by a review panel to be undertaken, the council of the first nation may terminate the environmental assessment of the project.

Environmental Assessment Registry

Establishment of Registry

Marginal note:First nation’s registry

• 49 (1) For the purpose of facilitating convenient public access to records relating to environmental assessments and providing notice to the public in a timely manner, there shall be a public registry consisting of an Internet site and project files, which registry shall be established and maintained by the first nation.

• Marginal note:Public notification

  (2) The first nation shall ensure that the public has been notified concerning the existence of the Internet site as soon as it is established.

• Marginal note:Copy

  (3) The first nation shall ensure that a copy of any record included in the registry is provided in a timely manner on request.

Internet Site

Marginal note:Contents of Internet site

50 Subject to subsection 52(1), the decision-making authority or the council of the first nation, as the case may be, shall ensure that the following are posted on the Internet site:

• (a) the notice of commencement of an environmental assessment process, within 14 days after its commencement;

• (b) the description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 8;

• (c) a notice of termination of an environmental assessment by a decision-making authority under subsection 48(1);

• (d) a notice of termination of an environmental assessment by the council of the first nation under subsection 48(2);

• (e) any public notices that are issued by the decision-making authority or the council of the first nation to request public input into an environmental assessment;

• (f) the notice of the decision of the council of the first nation under paragraph 22(a) or (b);

• (g) when the decision-making authority, in accordance with section 14, gives the public an opportunity to participate in the screening of a project or when the council of the first nation, under paragraph 22(a) or (b), decides that a comprehensive study is to be conducted, the description of the factors to be considered in the environmental assessment and their scope, or an indication of how a copy of the description may be obtained;

• (h) the screening or comprehensive study report considered by a decision-making authority for the purpose of a decision under section 16 or 28 or an indication of how a copy of the report may be obtained;

• (i) a notice of the referral of a project to a mediator or a review panel;

• (j) the terms of reference of a mediation or a review panel;

• (k) any agreement under paragraph 37(3)(a) of the Act respecting the joint establishment of a review panel;

• (l) if the council of the first nation has ordered the conclusion of a mediation under section 37, a notice of the order;

• (m) the report of a mediator or a review panel or a summary of the report, on receiving the report;

• (n) the decision of a decision-making authority, made under section 16, 28 or 44, concerning the environmental effects of the project, and a statement of any mitigation measures whose implementation the decision-making authority took into account in making its decision;

• (o) a notice stating whether, in accordance with section 17, a follow-up program for the project is appropriate;

• (p) a description summarizing any follow-up program and its results or an indication of how a full description of the program and its results may be obtained; and

• (q) any other information that the decision-making authority or the council of the first nation, as the case may be, considers appropriate, including information in the form of a list of relevant documents, in which case an indication of how a copy of the documents may be obtained shall be provided.

Project Files

Marginal note:Establishment and maintenance

• 51 (1) In respect of every project for which an environmental assessment is conducted, the first nation shall establish and maintain a project file beginning on the day on which the environmental assessment process commences and

  • (a) ending on the day on which any follow-up program in respect of the project is completed; or

  • (b) if there is no follow-up program, ending on the day on which the decision-making authority makes a decision under section 16.

• Marginal note:Contents of project file

  (2) Subject to subsection 52(1), a project file shall contain all records produced, collected or submitted with respect to the environmental assessment of the project, including

  • (a) all records posted on the Internet site referred to in section 49;

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

  • (c) any comments filed by the public in relation to the environmental assessment;

  • (d) any records relating to the need for, design of or implementation of any follow-up program; and

  • (e) any documents requiring mitigation measures to be implemented.

Disclosure of Information

Registry Restrictions

Marginal note:Categories of information that shall not be made available

• 52 (1) Subject to subsections (2) to (5), the first nation shall not deposit any record into the registry that contains

  • (a) trade secrets;

  • (b) financial, commercial, scientific or technical information that is confidential;

  • (c) information whose disclosure could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person, body or organization;

  • (d) information whose disclosure could reasonably be expected to interfere with contractual or other negotiations;

  • (e) information whose disclosure could reasonably be expected to threaten the safety of individuals;

  • (f) information that is subject to solicitor-client privilege;

  • (g) information whose disclosure would cause specific harm to the environment;

  • (h) information where the benefit of non-disclosure clearly outweighs the public interest in disclosure;

  • (i) information whose disclosure would cause specific, direct and substantial harm to an individual;

  • (j) information whose disclosure could reasonably be expected to result in the public becoming aware of aboriginal traditional knowledge that a first nation has always treated in a confidential manner; or

  • (k) information that was determined to be privileged by a review panel in accordance with section 42.

• Marginal note:Severing information

  (2) The first nation shall deposit any part of a record that does not contain, and can reasonably be severed from any part that contains, information set out in subsection (1).

• Marginal note:Available record

  (3) A record or part of a record otherwise available to the public shall be included in the registry.

• Marginal note:Deposit on consent

  (4) The first nation may deposit into the registry a record that contains information set out in any of paragraphs (1)(a) to (d) and (f) if the person, body or organization to whom that information relates consents.

• Marginal note:Public interest override

  (5) The first nation may deposit into the registry a record or part of a record that contains information set out in paragraph (1)(b), (c) or (d) if disclosure of the information it contains would be in the public interest as it relates to public health, public safety or protection of the environment, and the public interest clearly outweighs any financial loss, gain or prejudice to the competitive position of or interference with contractual or other negotiations of any person, body or organization.

Notice

Marginal note:Notice of intention to deposit

• 53 (1) When the first nation intends to deposit in the registry a record or part of a record that contains or that the first nation has reason to believe might contain information set out in any of paragraphs 52(1)(a) to (d) and (f), the first nation shall, subject to subsection (2), if the person, body or organization to whom the information relates can reasonably be located, before the deposit of the record or part of a record, give written notice to the person, body or organization of the intention to deposit.

• Marginal note:Waiver of notice requirement

  (2) Any person, body or organization to whom a notice is required to be given under subsection (1) in respect of an intention to deposit a record or part of a record may waive the requirement and, if the person, body or organization has consented to the deposit, shall be deemed to have waived the requirement.

• Marginal note:Content of notice

  (3) The notice shall include

  • (a) a statement that the first nation giving the notice intends to deposit a record or part of a record that might contain information set out in any of paragraphs 52(1)(a) to (d) and (f);

  • (b) a description of the contents of the record or part of the record that, as the case may be, belong to, were supplied by or relate to the person, body or organization to whom the notice is given; and

  • (c) a statement that the person, body or organization may, within 20 days after the day on which the notice is given, make representations to the first nation as to why the record or part of the record should not be deposited.

Representations of Persons, Bodies or Organizations and Decision

Marginal note:Time for representations, decision

• 54 (1) When a notice is given under section 53, the first nation shall

  • (a) within 20 days after the day on which the notice is given, give the person, body or organization to whom the notice was given the opportunity to make representations as to why the record or part of the record should not be deposited into the registry; and

  • (b) within 30 days after the day on which the notice is given, if the person, body or organization has been given an opportunity to make representations under paragraph (a), make a decision as to whether to deposit the record or part of the record and give written notice of the decision to the person, body or organization.

• Marginal note:Form of representations

  (2) Representations made by a person, body or organization under paragraph (1)(a) shall be made in writing unless the first nation waives that requirement, in which case they may be made orally.

Coming into Force

Marginal note:Registration

55 These Regulations come into force on the day on which they are registered.