Marginal note:Establishment and maintenance
106 (1) Subject to subsection (2), in respect of every designated project, a project file must be established by the Agency on the day on which the notice referred to in subsection 10(1) in respect of the designated project is posted on the Internet site and maintained until the day on which any follow-up program in respect of that designated project is completed.
Marginal note:Exception
(2) The obligation set out in subsection (1) ends on the earliest of the following days:
(a) the day on which the Agency under subsection 16(1) decides that an impact assessment in respect of the designated project is not required;
(b) the day on which the impact assessment in respect of the designated project is terminated under subsection 20(1) or section 73;
(c) the day on which the Minister issues, in respect of the designated project, a decision statement that informs the proponent of his or her, or the Governor in Council’s, determination that the adverse effects within federal jurisdiction, or the adverse direct or incidental effects, that the designated project is likely to cause are not in the public interest; and
(d) the day on which the decision statement expires under subsection 70(3) or is revoked under section 71.
Marginal note:Contents of project file
(3) A project file must contain all records produced, collected or received in relation to the Agency’s preparations for a possible impact assessment of a designated project and in relation to the impact assessment of that designated project, including
(a) all records posted on the Internet site;
(b) any report relating to the impact assessment;
(c) any comments that are received from the public in relation to the Agency’s preparations for a possible impact assessment and in relation to the impact assessment;
(d) any records relating to the design or implementation of any follow-up program; and
(e) any records relating to the implementation of any mitigation measures.
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