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.