Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements

SOR/97-181

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Registration 1997-04-08

Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements

P.C. 1997-475  1997-04-08

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(a)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canadian Environmental Assessment Act. (Loi)

day

day means a day other than Saturday or a holiday. (jour)

environmental assessment report

environmental assessment report means a screening report, a comprehensive study report, a mediator’s report or a review panel report. (rapport d’évaluation environnementale)

power

power means a power, duty or function referred to in section 5 of the Act. (attributions)

project description

project description means any information in relation to a project that includes

  • (a) a summary description of the project;

  • (b) information indicating the location of the project and the areas potentially affected by the project;

  • (c) a summary description of the physical and biological environments within the areas potentially affected by the project; and

  • (d) the mailing address and phone number of a contact person who can provide additional information about the project. (description de projet)

project subject to assessment by another jurisdiction

project subject to assessment by another jurisdiction means a project that is subject to an environmental assessment by a jurisdiction as defined in subsection 12(5) of the Act, except a project that is subject to a class environmental assessment under the Ontario Environmental Assessment Act. (projet soumis à une évaluation par une autre instance)

Application

 These Regulations apply to the environmental assessment of projects, other than projects to which the Establishing Timelines for Comprehensive Studies Regulations apply, that are to be carried out in Canada.

  • SOR/2011-139, s. 7.

Determination

  •  (1) Subject to section 4, a federal authority that receives a project description from a province, the Agency or the proponent of the project shall, within 30 days after receipt of the project description, determine if

    • (a) the federal authority is likely to require an environmental assessment of the project under section 5 of the Act;

    • (b) the federal authority is not likely to require an environmental assessment of the project under section 5 of the Act; or

    • (c) additional information is necessary to make a determination referred to in paragraph (a) or (b).

  • (2) Where a federal authority determines that additional information is necessary pursuant to paragraph (1)(c), it shall request that information within 10 days after making the determination.

  • (3) A federal authority shall make a determination referred to in paragraph (1)(a), (b) or (c) within 10 days after receipt of the information requested pursuant to subsection (2).

  • (4) Subject to subsection (5), a federal authority shall inform the proponent of the project of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination.

  • (5) In the case of federal-provincial agreements under which the province is the implementing party, the federal authority shall inform the province of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination.

  •  (1) A federal authority that receives a project description from a province, the Agency or the proponent of the project shall, where the province in which the project is to be carried out or the Agency informs the federal authority that the project is a project subject to assessment by another jurisdiction, within 10 days after receipt of the project description, determine if

    • (a) the federal authority is likely to require an environmental assessment of the project under section 5 of the Act;

    • (b) the federal authority is not likely to require an environmental assessment of the project under section 5 of the Act; or

    • (c) additional information is necessary to make a determination referred to in paragraph (a) or (b).

  • (2) Where a federal authority determines that additional information is necessary pursuant to paragraph (1)(c), it shall request that information within 10 days after making the determination.

  • (3) A federal authority shall make a determination referred to in paragraph (1)(a), (b) or (c) within 10 days after receipt of the information requested pursuant to subsection (2).

  • (4) A federal authority shall inform the province, the Agency or the proponent that provided the project description of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination.

Notification

  •  (1) A federal authority that has determined pursuant to paragraph 3(1)(a) or 4(1)(a) that it is likely to require an environmental assessment of a project shall ensure that written notice is given, within 10 days after making that determination, to other federal authorities that are likely to

    • (a) exercise a power in respect of the project; or

    • (b) be in possession of specialist or expert information or knowledge that is necessary to conduct the environmental assessment of the project.

  • (2) The notice shall specify the name of the person to whom the other federal authorities are to respond, shall be accompanied by a project description and shall specify the time within which to respond referred to in subsection (3).

  • (3) The federal authority that gives the notice shall establish the time within which to respond under paragraph 6(1)(a), (b) or (c) in consultation with the federal authority to whom the notice is given, but that time shall not exceed 30 days.

Response Requirements

  •  (1) A federal authority that receives a notice referred to in section 5 shall respond to the person specified in the notice, indicating its determination that

    • (a) it is likely to require an environmental assessment of the project under section 5 of the Act;

    • (b) it is not likely to require an environmental assessment of the project under section 5 of the Act;

    • (c) it is in possession of specialist or expert information or knowledge that is necessary to conduct the environmental assessment of the project; or

    • (d) additional information is necessary to make a determination referred to in paragraph (a), (b) or (c).

  • (2) Where a federal authority determines that additional information is necessary pursuant to paragraph (1)(d), it shall request that information within 10 days after receipt of the notice.

  • (3) A federal authority shall make a response referred to in paragraph (1)(a), (b), (c) or (d) within 10 days after receipt of the information requested pursuant to subsection (2).

  • (4) A federal authority shall inform the proponent of the project of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination.

 A federal authority that has exercised a power in respect of a project or any part thereof before it was notified pursuant to section 5 shall provide a copy of the environmental assessment report to the person specified in the notice and shall indicate what course of action was taken pursuant to subsection 20(1) or 37(1) of the Act.

Scope of Environmental Assessment

 Where a project is subject to a screening or a comprehensive study, the responsible authorities other than a federal authority referred to in section 7 shall, after consulting with all federal authorities that respond pursuant to paragraph 6(1)(c), together determine

  • (a) the scope of the project pursuant to subsection 15(1) of the Act;

  • (b) the factors to be considered pursuant to section 16 of the Act; and

  • (c) the scope of the factors referred to in paragraph (b).

Decision of a Responsible Authority

 When there are two or more responsible authorities in relation to a project, they shall agree on a schedule for

  • (a) taking a course of action under subsection 20(1) or 37(1) of the Act and making public that course of action; and

  • (b) where applicable, making their recommendations to the Governor in Council under subsection 5(2) of the Act.

 Where a project is subject to a comprehensive study in accordance with the Act, a course of action under section 23 or subsection 37(1) of the Act shall not be taken until the responsible authority, the Minister or the federal authority referred to in subsection 5(2) of the Act receives

  • (a) all of the responses sought from the federal authorities that were notified pursuant to section 5; and

  • (b) written confirmation from all of the responsible authorities involved in the environmental assessment of the project that the factors determined pursuant to section 8 have been considered and that the environmental assessment report is complete.

Conflicting Time Limitations

 A federal authority is not required to comply with a provision of these Regulations where

  • (a) the provision imposes a time limitation that conflicts with a time limitation imposed upon the federal authority under an Act of Parliament other than the Act; and

  • (b) the Agency determines that the federal authority has, for the purpose of coordinating federal environmental assessments, an independent practice of regular and uniform notification of other federal authorities that are likely to require an environmental assessment of projects.

Coming into Force

 These Regulations come into force on April 8, 1997

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