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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Full Document:  

Assented to 2010-07-12

PART 20ENVIRONMENTAL ASSESSMENT

1992, c. 37Canadian Environmental Assessment Act

Amendments to the Act

2154. The Act is amended by adding the following after section 11:

Marginal note:Exercise and performance by Agency of certain responsible authority’s powers, duties and functions

  • 11.01 (1) Despite any other provision of this Act, if the Agency considers that a project for which it has received information is described in the comprehensive study list and that an environmental assessment of the project might be required and, if the Canadian Nuclear Safety Commission established under section 8 of the Nuclear Safety and Control Act or the National Energy Board established under section 3 of the National Energy Board Act is not one of the responsible authorities in relation to the project, the Agency shall commence a comprehensive study of the project and exercise the powers and perform the duties and functions of the responsible authority in relation to the project under this Act until the Minister is provided with the comprehensive study report as required by section 21.3.

  • Marginal note:Notice

    (2) When the Agency commences a comprehensive study of a project, it shall, without delay, send a notice to any responsible authority in relation to that project.

  • Marginal note:Species at Risk Act

    (3) When, in relation to a project, the Agency exercises the powers and performs the duties and functions of the responsible authority under subsection (1), it is also required to exercise the powers and perform the duties and functions of the responsible authority under subsection 79(1) of the Species at Risk Act and, with respect to identifying the adverse effects of the project on a listed wildlife species and its critical habitat, is required to exercise the powers and perform the duties and functions of the responsible authority under subsection 79(2) of that Act.

  • Marginal note:Information about project

    (4) Any federal authority that receives information from a proponent in relation to a project for which, in the federal authority’s opinion, a comprehensive study might be required, shall forward, without delay, that information to the Agency.

2155. The Act is amended by adding the following after section 15:

Marginal note:Minister’s power to establish scope of project

  • 15.1 (1) Despite section 15, the Minister may, if the conditions that the Minister establishes are met, determine that the scope of the project in relation to which an environmental assessment is to be conducted is limited to one or more components of that project.

  • Marginal note:Availability

    (2) The conditions referred to in subsection (1) must be made available to the public.

  • Marginal note:Delegation

    (3) The Minister may, in writing and subject to any conditions that the Minister may specify, delegate to a responsible authority in relation to a project the power conferred on the Minister by subsection (1) in respect of that project.

  • Marginal note:Project or class of projects

    (4) The delegation may be in respect of a project or a class of projects.

Marginal note:2003, c. 9, s. 12

2156. Sections 21 to 21.2 of the Act are replaced by the following:

Marginal note:Comprehensive study

21. If a project is described in the comprehensive study list, the responsible authority shall ensure that

  • (a) a comprehensive study of the project is conducted; and

  • (b) a comprehensive study report is prepared.

Marginal note:Comments from public

  • 21.1 (1) Within 10 days after the inclusion on the Internet site of a notice of commencement of the comprehensive study, the responsible authority shall give a notice, in any manner that it considers appropriate, providing the public with an opportunity to comment on the project and the conduct of the comprehensive study.

  • Marginal note:Content of notice

    (2) The notice must include the deadline and address for filing comments.

Marginal note:Public participation

21.2 The responsible authority shall ensure that the public is provided with an opportunity, in addition to the ones provided under subsection 21.1(1) and section 22, to participate in the comprehensive study, subject to a determination that is made by the federal environmental assessment coordinator under paragraph 12.3(c) regarding the timing of the participation.

Marginal note:Report

21.3 The responsible authority shall ensure that the Minister and the Agency are provided with the comprehensive study report.

Marginal note:2003, c. 9, s. 13

  • 2157. (1) Paragraph 23(3)(a) of the Act is replaced by the following:

    • (a) notice of the commencement of the comprehensive study;

  • Marginal note:2003, c. 9, s. 13

    (2) Paragraph 23(3)(c) of the Act is replaced by the following:

    • (c) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and

2158. Section 26 of the Act is renumbered as subsection 26(1) and is amended by adding the following:

  • Marginal note:Termination of comprehensive study by Agency

    (2) When it conducts a comprehensive study of a project, the Agency may, at any time, terminate the comprehensive study if all federal authorities decide not to exercise any power or perform any duty or function referred to in section 5 in relation to that project.

Marginal note:2003, c. 9, s. 25

  • 2159. (1) Paragraph 55.1(2)(c) of the Act is replaced by the following:

    • (c) a description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 15 or 15.1;

  • Marginal note:2003, c. 9, s. 25

    (2) Paragraphs 55.1(2)(i) and (j) of the Act are replaced by the following:

    • (j) if the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project or when a comprehensive study is conducted, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained;

Marginal note:2003, c. 9, s. 25

2160. Subsection 55.2(1) of the Act is replaced by the following:

Marginal note:Duty to contribute records — Agency

  • 55.2 (1) The Agency shall ensure that the records referred to in paragraphs 55.1(2)(b), (e) and (l) are included in the Internet site.

2161. The Act is amended by adding, after section 82, the schedule set out in Schedule 3 to this Act.

Transitional Provisions

Marginal note:Non-application of amended provisions to certain comprehensive studies

2162. Any comprehensive study of a project commenced under the Canadian Environmental Assessment Act before the day on which this section comes into force must be continued and completed as if this Act had not come into force if, before that day, the Minister referred the project to the responsible authority to continue the comprehensive study.

Marginal note:Period calculation

2163. With respect to a comprehensive study of a project commenced under the Canadian Environmental Assessment Act before the day on which this section comes into force and in relation to which section 2162 does not apply, the period referred to in section 21.1 of that Act, as enacted by section 2156, is deemed to commence on that day.

SOR/2007-108Exclusion List Regulations, 2007

2164. The definitions “Building Canada Plan”, “environmentally sensitive area” and “intelligent transportation system” in subsection 1(1) of the Exclusion List Regulations, 2007 are repealed.

2165. Section 5 of the Regulations is repealed.

2166. Schedule 4 to the Regulations is repealed.

SOR/2009-88Regulations Amending the Exclusion List Regulations, 2007

2167. Section 2 of the Regulations Amending the Exclusion List Regulations, 2007 is repealed.

2168. Section 4 of the Regulations is repealed.

2169. Section 6 of the Regulations is repealed.

2170. Subsection 7(2) of the Regulations is repealed.

SOR/2009-89Infrastructure Projects Environmental Assessment Adaptation Regulations

2171. The Infrastructure Projects Environmental Assessment Adaptation Regulations are repealed.

PART 21R.S., c. L-2CANADA LABOUR CODE

Amendments to the Act

Marginal note:2000, c. 20, s. 2(5)

2172. The definition “appeals officer” in subsection 122(1) of the Canada Labour Code is replaced by the following:

“appeals officer”

« agent d’appel »

“appeals officer” means a person who is appointed as an appeals officer under section 145.1;

Marginal note:2000, c. 20, s. 10

2173. Subsection 129(7) of the Act is replaced by the following:

  • Marginal note:Appeal

    (7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision by filing a notice of appeal with the Minister within 10 days after the day on which the employee receives notice of the decision.

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