An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
Full Document:
Assented to 2003-06-11
26. The heading before section 56 of the Act is replaced by the following:
RELEVANT INFORMATION
27. The Act is amended by adding the following after section 56:
Marginal note:Information required in support of quality assurance program
56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with any information respecting the assessments whose conduct they ensure under this Act that the Agency considers necessary in support of a quality assurance program that it establishes.
28. (1) Subsection 58(1) of the Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) make regulations prescribing any project or class of projects for which a comprehensive study is required where the Minister is satisfied that the project or any project within that class is likely to have significant adverse environmental effects.
Marginal note:1994, c. 46, s. 4(2)
(2) Subsection 58(1.1) of the Act is replaced by the following:
Marginal note:Participant funding
(1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels established under either subsection 33(1) or 40(2).
29. (1) Section 59 of the Act is amended by adding the following after paragraph (a):
(a.1) respecting the duties and functions of the federal environmental assessment coordinator, and respecting the selection or designation of the coordinator;
Marginal note:1993, c. 34, s. 40(1)(F)
(2) Paragraph 59(c) of the Act is replaced by the following:
(c) exempting any projects or classes of projects from the requirement to conduct an assessment under this Act that
(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,
(ii) in the case of projects in relation to physical works, in the opinion of the Governor in Council, have insignificant environmental effects, or
(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;
(c.1) exempting, in replacement of exemptions made under paragraph (c), in relation to any Crown corporation to which this Act applies or in relation to the Canadian International Development Agency, any projects or classes of projects to be carried out outside Canada and any federal lands from the requirement to conduct an environmental assessment under this Act that
(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,
(ii) in the case of projects in relation to a physical work, in the opinion of the Governor in Council, have insignificant environmental effects, or
(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;
(2.1) Paragraph 59(d) of the Act is repealed.
(2.2) Paragraph 59(f) of the Act is replaced by the following:
(f) prescribing, for the purposes of paragraph 5(1)(d), the provisions of any Act of Parliament or any instrument made under an Act of Parliament;
(3) Paragraph 59(h) of the Act is replaced by the following:
(h) respecting the dissemination by responsible authorities of information relating to projects and the environmental assessment of projects and the establishment, maintenance and operation of project files referred to in section 55.4, including facilities to enable the public to examine physical or electronic records contained in the files, the time and manner in which those records may be examined or copied by the public and the transfer and retention of those records after the completion of any follow-up program;
(h.1) prescribing records or information to be included in the Internet site by the Agency or a responsible authority;
(h.2) respecting the charging of fees for providing copies of documents contained in the Registry;
(h.3) for the purposes of subsection 38(1) or (2) or 53(1), prescribing the manner of designing a follow-up program;
(3.1) Subparagraph 59(i)(ii) of the Act is replaced by the following:
(ii) projects to be carried out outside Canada and either outside of federal lands or on federal lands described in paragraph (a) of the definition “federal lands” in subsection 2(1),
Marginal note:1993, c. 34, s. 40(2)(F); 1998, c. 10, s. 166
(4) Paragraphs 59(j) to (l) of the Act are replaced by the following:
(i.1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to an environmental assessment whose conduct a Crown corporation to which this Act applies must ensure, in prescribed circumstances or on any prescribed terms and conditions,
(i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and
(ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by the environmental assessment of those projects whose conduct the Crown corporation ensures;
(i.2) for the purposes of subparagraph (i.1)(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph in the case of projects that are to be carried out outside Canada and outside any federal lands;
(j) for the purposes of section 8, designating Crown corporations that are not federal authorities individually or by class and respecting the manner in which those corporations or classes of corporations conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by corporation or class of corporation;
(j.1) for the purposes of section 8, respecting the application to a Crown corporation that is designated, or is a member of a class that is designated, under a regulation made under paragraph (j) of the laws from time to time in force in any province;
(j.2) varying or excluding any procedure or requirement of this Act or the regulations as it applies to Crown corporations that are federal authorities, individually or by class;
(j.3) for projects to be carried out outside Canada and any federal lands, prescribing, in relation to Crown corporations to which this Act applies, any physical activity or class of physical activities in replacement of those prescribed under paragraph (b);
(k) for the purposes of section 9, respecting the manner of conducting environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;
(k.1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a person or body referred to in subsection 9(1), the exercise or performance of which requires an environmental assessment under paragraph 9(2)(d);
(k.2) prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)(e);
(k.3) for the purposes of section 9.1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province;
(k.4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.3), the exercise or performance of which requires an environmental assessment under paragraph 9.1(2)(d);
(k.5) for the purposes of paragraph 9.1(2)(e), prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.3) must have in the federal lands;
(l) for the purposes of section 10, designating bands individually or by category and respecting the manner of conducting environmental assessments of, and follow-up programs for, projects that are to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a designated band and that is subject to the Indian Act, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by band or category of band;
(l.001) prescribing, for the purposes of paragraph 10(1)(c), provisions of any Act of Parliament or any instrument made under an Act of Parliament that confer powers, duties or functions on a band council;
(l.01) for the purposes of section 10.1,
(i) varying the definition “project” in subsection 2(1),
(ii) respecting the manner of conducting environmental assessments of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.1(2) and respecting any action to be taken in respect of those projects during the assessment process,
(iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no environmental assessment need be carried out by that agency,
(iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or
(v) providing for the application of section 55.6 to the Canadian International Development Agency as if it were a responsible authority;
(l.02) varying or excluding any of the provisions of sections 55 to 55.5 in their application to the Canadian International Development Agency;
(l.03) prescribing, for the purposes of subsection 18(3), circumstances in which a responsible authority shall give the public an opportunity to participate in the screening;
30. Section 62 of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) to promote, monitor and facilitate compliance with this Act and the regulations;
(f) to promote and monitor the quality of assessments conducted under this Act;
(g) to ensure an opportunity for timely public participation in the environmental assessment process; and
(h) to engage in consultation with aboriginal peoples on policy issues related to this Act.
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