Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements (SOR/97-181)
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Regulations are current to 2013-05-20 and last amended on 2011-06-23. Previous Versions
4. (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
5. (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
6. (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.
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