Projects Outside Canada Environmental Assessment Regulations (SOR/96-491)

Regulations are current to 2014-11-11

Projects Outside Canada Environmental Assessment Regulations

SOR/96-491

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Registration 1996-11-07

Projects Outside Canada Environmental Assessment Regulations

P.C. 1996-1716  1996-11-07

His Excellency the Governor in Council, on the recommendation of the Minister of the Environment, pursuant to subparagraph 59(i)(ii) of the Canadian Environmental Assessment ActFootnote a, hereby makes the annexed Projects Outside Canada Environmental Assessment Regulations.

INTERPRETATION

 In these Regulations, “Act” means the Canadian Environmental Assessment Act.

APPLICATION

 These Regulations apply with respect to projects to be carried out outside Canada and any federal lands and in respect of which a federal authority exercises a power or performs a duty or function described in paragraph 5(1)(a) or (b) of the Act.

VARIATION AND EXCLUSION

  •  (1) Certain procedures and requirements of the environmental assessment process set out in sections 14 to 45 of the Act are varied, and portions thereof are excluded, such that the environmental assessment process for projects is the process described in the schedule.

  • (2) For greater certainty, projects to which these Regulations apply are excluded from the application of section 3 of the Comprehensive Study List Regulations.

COMING INTO FORCE

 These Regulations come into force on November 7, 1996.

SCHEDULE(Section 3)ENVIRONMENTAL ASSESSMENT PROCESS FOR PROJECTS OUTSIDE CANADA

General

  • 14. The environmental assessment process includes, where applicable,

    • (a) a screening and the preparation of a screening report;

    • (b) a mediation or assessment by a review panel or an advisory committee as provided in section 29 and the preparation of a report; and

    • (c) the design and implementation of a follow-up program.

    • 15. (1) The scope of the project in relation to which an environmental assessment is to be conducted shall be determined or approved by

      • (a) the responsible authority; or

      • (b) where the project is referred to a mediator, a review panel or an advisory committee, the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs.

    • (2) For the purposes of conducting an environmental assessment in respect of two or more projects,

      • (a) the responsible authority, or

      • (b) where at least one of the projects is referred to a mediator, a review panel or an advisory committee, the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs,

      may determine that the projects are so closely related that they can be considered to form a single project.

    • (3) Where a project is in relation to a physical work, an environmental assessment shall be conducted in respect of every construction, operation, modification, decommissioning, abandonment or other undertaking in relation to that physical work that is proposed by the proponent or that is, in the opinion of

      • (a) the responsible authority, or

      • (b) where the project is referred to a mediator, a review panel or an advisory committee, the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs,

      likely to be carried out in relation to that physical work.

    • 16. (1) Every screening of a project and every mediation or assessment by a review panel or an advisory committee shall include a consideration of the following factors:

      • (a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out;

      • (b) the significance of the effects referred to in paragraph (a);

      • (c) comments from the public that are received in accordance with the Act and the regulations;

      • (d) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project; and

      • (e) any other matter relevant to the screening, mediation or assessment by a review panel or an advisory committee, such as the need for the project and alternatives to the project, that the responsible authority or, except in the case of a screening, the Minister after consulting with the responsible authority and the Minister of Foreign Affairs, may require to be considered.

    • (2) In addition to the factors set out in subsection (1), every mediation or assessment by a review panel or an advisory committee shall include a consideration of the following factors:

      • (a) the purpose of the project;

      • (b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any of such alternative means;

      • (c) the need for, and the requirement of, any follow-up program in respect of the project; and

      • (d) the capacity of renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future.

    • (3) The scope of the factors to be taken into consideration pursuant to paragraphs (1)(a), (b) and (d) and (2)(b), (c) and (d) shall be determined or approved

      • (a) by the responsible authority; or

      • (b) where a project is referred to a mediator, a review panel or an advisory committee, by the Minister, after consulting the responsible authority and the Minister of Foreign Affairs, when fixing or approving the terms of reference of the mediation, review panel or advisory committee.

    • (4) An environmental assessment of a project is not required to include a consideration of the environmental effects that could result from carrying out the project in response to a national emergency for which special temporary measures are taken under the Emergencies Act.

    • 17. (1) A responsible authority may delegate to any person, body or jurisdiction, within the meaning of subsection 12(5) or paragraph 40(1)(e) or (f), any part of the screening of a project or the preparation of the screening report, and may delegate any part of the design and implementation of a follow-up program, but shall not delegate the duty to take a course of action pursuant to subsection 20(1).

    • (2) For greater certainty, a responsible authority shall not take a course of action pursuant to subsection 20(1) unless it is satisfied that any duty or function delegated pursuant to subsection (1) has been carried out in accordance with the Act and the regulations.

Screening

    • 18. (1) Where a project is not described in the exclusion list, the responsible authority shall ensure that

      • (a) a screening of the project is conducted; and

      • (b) a screening report is prepared.

    • (2) Any available information may be used in conducting the screening of a project, but where a responsible authority is of the opinion that the information available is not adequate to enable it to take a course of action pursuant to subsection 20(1), it shall ensure that any studies and information that it considers necessary for that purpose are undertaken or collected.

    • (3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances, or where required by regulation, the responsible authority shall give the public notice and an opportunity to examine and comment on the screening report and on any record that has been filed in the public registry established in respect of the project pursuant to section 55 before taking a course of action under section 20.

    • 19. (1) Subject to subsection (2), the Agency may, on the request of the responsible authority and where the Agency determines that a screening report could be used as a model in conducting screenings of other projects within the same class, declare that report to be a class screening report.

    • (2) The Agency shall, before making a declaration pursuant to subsection (1),

      • (a) publish in the Canada Gazette a notice setting out the following information, namely,

        • (i) the date on which the screening report will be available to the public,

        • (ii) the place at which copies of the screening report may be obtained, and

        • (iii) the deadline and address for filing comments on the appropriateness of the use of the screening report as a model in conducting screenings of other projects within the same class; and

      • (b) take into consideration any comments filed in respect of the screening report.

    • (3) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and the screening report to which it relates shall be made available to the public at the registry maintained by the Agency.

    • (4) Where a project or part of a project is within a class in respect of which a class screening report has been declared, the responsible authority may use or permit the use of that report and the screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18.

    • (5) Where a responsible authority uses or permits the use of a class screening report, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.

    • (6) Where the Agency determines that a class screening report can no longer be used as a model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.

    • (7) Any declaration made pursuant to subsection (6) shall be published in the Canada Gazette and the screening report in respect of which it relates shall be removed from the public registry maintained by the Agency.

    • 20. (1) The responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the screening report and any comments filed pursuant to subsection 18(3):

      • (a) subject to subparagraph (c)(iii), where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out and shall ensure that any mitigation measures that the responsible authority considers appropriate are implemented;

      • (b) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the responsible authority shall not exercise any power or perform any duty or function conferred on it by or under any Act of Parliament that would permit the project to be carried out in whole or in part; or

      • (c) where

        • (i) it is uncertain whether the project, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, is likely to cause significant adverse environmental effects,

        • (ii) the project, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, is likely to cause significant adverse environmental effects and paragraph (b) does not apply, or

        • (iii) public concerns warrant a reference to a mediator, a review panel or an advisory committee,

        the responsible authority shall refer the project to the Minister for a referral to a mediator, a review panel or an advisory committee in accordance with section 29.

    • (2) Where a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, notwithstanding any other Act of Parliament, in the exercise of its powers or the performance of its duties or functions under that other Act or any regulation made thereunder or in any other manner that the responsible authority considers necessary, ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented.

    • (3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project,

      • (a) the responsible authority shall file a notice of that course of action in the public registry established in respect of the project pursuant to section 55; and

      • (b) notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made thereunder shall be exercised or performed that would permit that project to be carried out in whole or in part.

Comprehensive Study

  • 21. [Section 21 of the Act is excluded.]

  • 22. [Section 22 of the Act is excluded.]

  • 23. [Section 23 of the Act is excluded.]

    • 24. (1) Where a proponent proposes to carry out, in whole or in part, a project for which an environmental assessment was previously conducted and

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

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

      • (c) the manner in which the project is to be carried out has subsequently changed, or

      • (d) the renewal of a licence, permit, approval or other action under a prescribed provision is sought,

      the responsible authority shall use that assessment and the report thereon to whatever extent is appropriate for the purpose of complying with section 18.

    • (2) Where a responsible authority uses an environmental assessment and the report thereon pursuant to subsection (1), the responsible 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.

Discretionary Powers

  • 25. Subject to paragraphs 20(1)(b) and (c), where at any time a responsible authority is of the opinion that

    • (a) a project, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, may cause significant adverse environmental effects, or

    • (b) public concerns warrant a reference to a mediator, a review panel or an advisory committee,

    the responsible authority may request the Minister to refer the project to a mediator, a review panel or an advisory committee in accordance with section 29.

  • 26. Where at any time a responsible authority decides not to exercise any power or perform any duty or function referred to in paragraph 5(1)(a) or (b) in relation to a project that has not been referred to a mediator, a review panel or an advisory committee, it may terminate the environmental assessment of the project.

  • 27. Where at any time a responsible authority decides not to exercise any power or perform any duty or function referred to in paragraph 5(1)(a) or (b) in relation to a project that has been referred to a mediator, a review panel or an advisory committee, the Minister may terminate the environmental assessment of the project.

  • 28. Where at any time the Minister is of the opinion that

    • (a) a project for which an environmental assessment may be required under paragraph 5(1)(a) or (b), taking into account the implementation of any appropriate mitigation measures, may cause significant adverse environmental effects, or

    • (b) public concerns warrant a reference to a mediator, a review panel or an advisory committee,

    the Minister may, after offering to consult with the jurisdiction, within the meaning of paragraph 40(1)(e) or (f), where the project is to be carried out and after consulting with the responsible authority and the Minister of Foreign Affairs or, where there is no responsible authority in relation to the project, the appropriate federal authority, refer the project to a mediator, a review panel or an advisory committee in accordance with section 29.

Mediation, Panel Reviews and Advisory Committees

    • 29. (1) Subject to subsection (2), where a project is to be referred to a mediator, a review panel or an advisory committee, the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs, shall

      • (a) refer the environmental assessment relating to the project to

        • (i) a mediator,

        • (ii) a review panel established pursuant to subsection 33(1) or pursuant to an agreement or arrangement made under subsection 40(3), or

        • (iii) an advisory committee; or

      • (b) refer part of the environmental assessment relating to the project to a mediator and part of that assessment to a review panel or an advisory committee.

    • (2) An environmental assessment or a part thereof shall not be referred to a mediator unless the interested parties have been identified and are willing to participate in the mediation.

    • (3) The Minister may, at any time, refer any issue relating to an assessment by a review panel or an advisory committee to a mediator where the Minister is of the opinion, after consulting with the review panel or the advisory committee, the responsible authority and the Minister of Foreign Affairs, that mediation is appropriate in respect of that issue.

    • (4) Where at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation of any issue subject to the mediation is not likely to produce a result that is satisfactory to all the participants to the mediation, the Minister shall, after consulting with the responsible authority and the Minister of Foreign Affairs, terminate the mediation of the issue and refer the issue to a review panel or an advisory committee.

    • 30. (1) Where a reference is made under subparagraph 29(1)(a)(i) in relation to a project, the Minister shall, after consulting with the responsible authority, the Minister of Foreign Affairs and all parties who are to participate in the mediation,

      • (a) appoint as mediator any person who

        • (i) is unbiased and free from any conflict of interest relative to the project and who has knowledge or experience in acting as a mediator, and

        • (ii) may have been selected from a roster established pursuant to subsection (2); and

      • (b) fix the terms of reference of the mediation.

    • (2) The Minister may establish a roster of persons to act as mediators to be appointed pursuant to paragraph (1)(a).

  • 31. The mediator may, at any time, allow an additional interested party to participate in a mediation.

    • 32. (1) A mediator shall, at the conclusion of the mediation, prepare and submit a report to the Minister, to the responsible authority and to the Minister of Foreign Affairs.

    • (2) No evidence of or relating to a statement made by a mediator or a participant to the mediation during the course of and for the purposes of the mediation is admissible without the consent of the mediator or participant, in any proceeding before a review panel, court, tribunal, body or person with jurisdiction to compel the production of evidence.

    • 33. (1) Where a project is referred to a review panel or an advisory committee, the Minister shall, in consultation with the responsible authority and the Minister of Foreign Affairs,

      • (a) appoint, or approve the appointment of, as members of the panel or the committee, including the chairperson thereof, persons who

        • (i) are unbiased and free from any conflict of interest relative to the project and who have knowledge or experience relevant to the anticipated environmental effects of the project, and

        • (ii) may have been selected from a roster established pursuant to subsection (2); and

      • (b) fix or approve the terms of reference of the panel or the committee.

    • (2) The Minister may, after consulting with the Minister of Foreign Affairs, establish a roster of persons, to act as members of any review panel or advisory committee to be established pursuant to paragraph (1)(a).

  • 34. A review panel shall, in accordance with any regulations made for that purpose and with its term of reference,

    • (a) ensure that the information required for an assessment by a review panel is obtained and made available to the public;

    • (b) hold hearings in a manner that offers the public an opportunity to participate in the assessment;

    • (c) prepare a report setting out

      • (i) the rationale, conclusions and recommendations of the panel relating to the environmental assessment of the project, including any mitigation measures and follow-up program, and

      • (ii) a summary of any comments received from the public; and

    • (d) submit the report to the Minister, the responsible authority and the Minister of Foreign Affairs.

    • 35. (1) A review panel has the power of summoning any person to appear as a witness before the panel and of ordering the witness to

      • (a) give evidence, orally or in writing; and

      • (b) produce such documents and things as the panel considers necessary for conducting its assessment of the project.

    • (2) A review panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as is vested in a court of record.

    • (3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1).

    • (4) Where a review panel is satisfied that the disclosure of evidence, documents or other things would cause specific, direct and substantial harm to a witness, the evidence, documents or things are privileged and shall not, without the authorization of the witness, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to the Act.

    • (5) Any summons issued or order made by a review panel pursuant to subsection (1) shall, for the purposes of enforcement, be made a summons or order of the Federal Court by following the usual practice and procedure.

    • (6) No action or other proceeding lies or shall be commenced against a member of a review panel for or in respect of anything done or omitted to be done, during the course of and for the purposes of the assessment by the review panel.

  • 35.1 An advisory committee shall, in accordance with its term of reference,

    • (a) ensure that the information required for an assessment by an advisory committee is obtained and made available to the public;

    • (b) offer the public an opportunity to participate in the assessment;

    • (c) prepare a report setting out

      • (i) the rationale, conclusions and recommendations of the committee relating to the environmental assessment of the project, including any mitigation measures and follow-up program, and

      • (ii) a summary of any comments received from the interested parties; and

    • (d) submit the report to the Minister, the responsible authority and the Minister of Foreign Affairs.

  • 36. On receiving a report submitted by a mediator, a review panel or an advisory committee, the Minister shall make the report available to the public in any manner the Minister considers appropriate to facilitate public access to the report, and shall advise the public that the report is available.

Decision of Responsible Authority

    • 37. (1) Subject to subsection (1.1), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator, a review panel or an advisory committee:

      • (a) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate,

        • (i) the project is not likely to cause significant adverse environmental effects, or

        • (ii) the project is likely to cause significant adverse environmental effects that can be justified in the circumstances,

        the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part and shall ensure that those mitigation measures are implemented; or

      • (b) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the responsible authority shall not exercise any power or perform any duty or function conferred on it by or under any Act of Parliament that would permit the project to be carried out in whole or in part.

    • (1.1) Where a report is submitted by a mediator, a review panel or an advisory committee,

      • (a) the responsible authority shall take into consideration the report and, with the approval of the Governor in Council, respond to the report;

      • (b) the Governor in Council may, for the purpose of giving the approval referred to in paragraph (a), require the mediator or review panel to clarify any of the recommendations set out in the report; and

      • (c) the responsible authority shall take a course of action under subsection (1) that is in conformity with the approval of the Governor in Council referred to in paragraph (a).

    • (2) Where a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, notwithstanding any other Act of Parliament, in the exercise of its powers or the performance of its duties or functions under that other Act or any regulation made thereunder or in any other manner that the responsible authority considers necessary, ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented.

    • (3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project,

      • (a) the responsible authority shall file a notice of that course of action in the public registry established in respect of the project pursuant to section 55; and

      • (b) notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made thereunder shall be exercised or performed that would permit that project to be carried out in whole or in part.

Follow-up Program

    • 38. (1) Where a responsible authority takes a course of action pursuant to paragraph 20(1)(a) or 37(1)(a), it shall, in accordance with any regulations made for that purpose, design any follow-up program that it considers appropriate for the project and arrange for the implementation of that program.

    • (2) A responsible authority referred to in subsection (1) shall, in accordance with any regulations made for that purpose, advise the public of

      • (a) its course of action in relation to the project;

      • (b) any mitigation measures to be implemented with respect to the adverse environmental effects of the project;

      • (c) the extent to which the recommendations set out in any report submitted by a mediator, a review panel or an advisory committee have been adopted and the reasons for not having adopted any of those recommendations;

      • (d) any follow-up program designed for the project pursuant to subsection (1); and

      • (e) any results of any follow-up program.

Certificate

  • 39. [Section 39 of the Act is excluded.]

Joint Review Panels

    • 40. (1) For the purposes of this section and sections 41 and 42, “jurisdiction” includes

      • (a) a federal authority;

      • (b) the government of a province;

      • (c) any other agency or body established pursuant to an Act of Parliament or the legislature of a province and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

      • (d) any body established pursuant to a land claims agreement referred to in section 35 of the Constitution Act, 1982 and having powers, duties or functions in relation to an assessment of the environmental effects of a project;

      • (e) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

      • (f) an international organization of states or any institution of such an organization.

    • (2) Subject to section 41, where the referral of a project to a review panel is required or permitted by the Act and a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister

      • (a) may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a review panel and the manner in which an assessment of the environmental effects of the project is to be conducted by the review panel; and

      • (b) shall, in the case of a jurisdiction within the meaning of subsection 12(5), offer to consult and cooperate with that other jurisdiction respecting the assessment of the environmental effects of the project.

    • (3) Subject to section 41, where the referral of a project to a review panel is required or permitted by the Act and a jurisdiction referred to in paragraph (1)(e) or (f) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a review panel and the manner in which an assessment of the environmental effects of the project is to be conducted by the review panel.

    • (4) Any agreement or arrangement referred to in subsection (2) or (3) shall be published before the commencement of the hearings conducted by the review panel.

  • 41. An agreement or arrangement entered into pursuant to subsection 40(2) or (3) shall provide that the assessment of the environmental effects of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that

    • (a) the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs, shall appoint or approve the appointment of the chairperson or appoint a co-chairperson, and shall appoint at least one other member of the panel;

    • (b) the members of the panel are to be unbiased and free from any conflict of interest relative to the project and are to have knowledge or experience relevant to the anticipated environmental effects of the project;

    • (c) the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs, shall fix or approve the terms of reference for the panel;

    • (d) the review panel is to have the powers provided for in section 35;

    • (e) the public will be given an opportunity to participate in the assessment conducted by the panel;

    • (f) on completion of the assessment, the report of the panel will be submitted to the Minister, to the responsible authority and to the Minister of Foreign Affairs; and

    • (g) the panel’s report will be published.

  • 42. Where the Minister establishes a review panel jointly with a jurisdiction referred to in subsection 40(1), the assessment conducted by that panel shall be deemed to satisfy any requirements of the Act and the regulations respecting assessments by a review panel.

Public Hearing by a Federal Authority

    • 43. (1) Where the referral of a project to a review panel is required or permitted by the Act and the Minister, after consulting with the responsible authority and the Minister of Foreign Affairs, is of the opinion that a process for assessing the environmental effects of projects that is followed by a federal authority under an Act of Parliament other than the Act or by a jurisdiction referred to in paragraph 40(1)(e) or (f) would be an appropriate substitute, the Minister may approve the substitution of that process for an environmental assessment by a review panel under the Act.

    • (2) An approval of the Minister pursuant to subsection (1) shall be in writing and may be given in respect of a project or a class of projects.

  • 44. The Minister shall not approve a substitution pursuant to subsection 43(1) unless the Minister is satisfied that

    • (a) the process to be substituted will include a consideration of the factors required to be considered under subsections 16(1) and (2);

    • (b) the public will be given an opportunity to participate in the assessment;

    • (c) at the end of the assessment, a report will be submitted to the Minister;

    • (d) the report will be published; and

    • (e) any criteria established pursuant to paragraph 58(1)(g) are met.

  • 45. Where the Minister approves a substitution of a process pursuant to subsection 43(1), an assessment that is conducted in accordance with that process shall be deemed to satisfy any requirements of the Act and the regulations in respect of assessments by a review panel.