Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 3RESPONSIBLE RESOURCE DEVELOPMENT
2009, c. 14, s. 126Related Amendments to the Environmental Violations Administrative Monetary Penalties Act
53. (1) The definition “Environmental Act” in section 2 of the Environmental Violations Administrative Monetary Penalties Act is replaced by the following:
“Environmental Act”
« loi environnementale »
“Environmental Act” means the Antarctic Environmental Protection Act, the Canada National Marine Conservation Areas Act, the Canada National Parks Act, the Canada Water Act, the Canada Wildlife Act, the Canadian Environmental Assessment Act, 2012, the Canadian Environmental Protection Act, 1999, the International River Improvements Act, the Migratory Birds Convention Act, 1994, the Saguenay-St. Lawrence Marine Park Act or the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
(2) Paragraph (a) of the definition “Minister” in section 2 of the Act is replaced by the following:
(a) with respect to violations that relate to the Antarctic Environmental Protection Act, the Canada Water Act, the Canada Wildlife Act, the Canadian Environmental Assessment Act, 2012, the Canadian Environmental Protection Act, 1999, the International River Improvements Act, the Migratory Birds Convention Act, 1994 or the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, the Minister of the Environment; and
54. Section 5 of the Act is amended by adding the following after subsection (3):
Marginal note:Restriction — Canadian Environmental Assessment Act, 2012
(3.1) With respect to the Canadian Environmental Assessment Act, 2012, only a contravention or a failure to comply arising out of section 6, subsection 94(3) or section 97 or 98 of that Act may be designated under paragraph (1)(a).
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:1992, c. 37, s. 76
55. Schedule II to the Access to Information Act is amended by striking out the reference to
Canadian Environmental Assessment Act
Loi canadienne sur l’évaluation environnementale
and the corresponding reference to “subsection 35(4)”.
56. Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canadian Environmental Assessment Act, 2012
Loi canadienne sur l’évaluation environnementale (2012)
and a corresponding reference to “subsections 45(4) and (5)”.
R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act
Marginal note:2001, c. 33, s. 12
57. Section 24.1 of the Export Development Act is replaced by the following:
Marginal note:Canadian Environmental Assessment Act, 2012
24.1 Section 68 of the Canadian Environmental Assessment Act, 2012 does not apply when the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it.
1999, c. 24First Nations Land Management Act
58. Section 41 of the First Nations Land Management Act is repealed.
2002, c. 29Species at Risk Act
59. (1) Subsection 79(1) of the Species at Risk Act is replaced by the following:
Marginal note:Notification of Minister
79. (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 67(a) or (b) of the Canadian Environmental Assessment Act, 2012 in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.
(2) Subsection 79(3) of the Act is replaced by the following:
Marginal note:Definitions
(3) The following definitions apply in this section.
“person”
« personne »
“person” includes an association, an organization, a federal authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012, and any body that is set out in Schedule 3 to that Act.
“project”
« projet »
“project” means
(a) a designated project as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012 or a project as defined in section 66 of that Act;
(b) a project as defined in subsection 2(1) of the Yukon Environmental and Socio-economic Assessment Act; or
(c) a development as defined in subsection 111(1) of the Mackenzie Valley Resource Management Act.
2003, c. 20Antarctic Environmental Protection Act
60. Section 6 of the Antarctic Environmental Protection Act is repealed.
2005, c. 48First Nations Oil and Gas and Moneys Management Act
61. Subsection 2(2) of the First Nations Oil and Gas and Moneys Management Act is replaced by the following:
Marginal note:Expressions in Canadian Environmental Assessment Act, 2012
(2) In this Act, “environment” and “environmental effects” have the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.
62. Subsection 63(3) of the Act is replaced by the following:
Marginal note:Comparable standards
(3) The requirements of any regulations made under subsection (1) must be generally comparable with those applicable in similar circumstances under the Canadian Environmental Assessment Act, 2012.
2005, c. 53First Nations Commercial and Industrial Development Act
63. Paragraph 3(2)(n) of the First Nations Commercial and Industrial Development Act is replaced by the following:
(n) require that an assessment of the environmental effects of the undertakings be undertaken in circumstances where the Canadian Environmental Assessment Act, 2012 does not apply, and establish a procedure to be followed in such an assessment;
Coordinating Amendments
Marginal note:This Act
64. On the first day on which both sections 52 and 141 of this Act are in force, subparagraph 5(1)(a)(i) of the Canadian Environmental Assessment Act, 2012 is replaced by the following:
(i) fish and fish habitat as defined in subsection 2(1) of the Fisheries Act,
Marginal note:Bill S-8
65. If Bill S-8, introduced in the 1st session of the 41st Parliament and entitled the Safe Drinking Water for First Nations Act, receives royal assent, then, on the first day on which both paragraph 5(1)(r) of that Act and section 52 of this Act are in force, that paragraph 5(1)(r) is replaced by the following:
(r) require that an assessment of the environmental effects of drinking water systems or waste water systems be undertaken in circumstances where the Canadian Environmental Assessment Act, 2012 does not apply, and establish a procedure to be followed in such assessments.
Repeal
Marginal note:Repeal
66. The Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992, is repealed.
Coming into Force
Marginal note:Order in council
67. Sections 52 to 63 and 66 come into force on a day to be fixed by order of the Governor in Council.
Division 2R.S., c. N-7National Energy Board Act
Amendments to the Act
68. The heading before section 2 of the French version of the National Energy Board Act is replaced by the following:
DÉFINITIONS ET INTERPRÉTATION
69. Section 2 of the Act is amended by adding the following in alphabetical order:
“navigable water”
« eaux navigables »
“navigable water” has the same meaning as in section 2 of the Navigable Waters Protection Act;
“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed under this Act for a violation;
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