Marginal note:Environmental assessments by former Agency under 2012 Act
181 (1) Any environmental assessment of a designated project by the former Agency commenced under the 2012 Act before the day on which this Act comes into force, in respect of which the former Agency has posted the notice of commencement under section 17 of the 2012 Act before that day, is continued under the 2012 Act as if that Act had not been repealed.
Marginal note:Information or studies
(2) The proponent of a designated project referred to in subsection (1) must provide the Agency with any information or studies required by the Agency or the former Agency under subsection 23(2) of the 2012 Act within three years after the day on which this Act comes into force.
Marginal note:Extension of time limit
(2.1) At the proponent’s request, the Agency may, before the time limit referred to in subsection (2) has expired, extend the time limit by any period that is necessary for the proponent to provide the Agency with the information or studies.
Marginal note:Termination of environmental assessment
(3) If the proponent fails to provide the information or studies within the time limit referred to in subsection (2) or within any extension of that time limit, the environmental assessment is terminated. The Agency must post a notice of the termination on the Internet site.
Marginal note:Request of proponent
(4) Despite subsection (1), at the request of the proponent of a designated project referred to in that subsection that is made within 60 days after the day on which this Act comes into force, the Agency may offer to continue the environmental assessment as an impact assessment under this Act by providing, within 90 days after the day on which the request is made, the proponent with
(a) a written direction that sets out any information and studies that the Agency considers necessary for it to conduct the impact assessment, other than any information and studies already provided by the proponent with respect to the environmental assessment; and
(b) the documents referred to in paragraph 18(1)(b).
The Agency must post a copy of the written direction on the Internet site.
Marginal note:Public comments
(4.1) Before continuing an environmental assessment as an impact assessment under subsection (4), the Agency must ensure that the public and any Indigenous group that may be affected by the carrying out of the designated project are provided with an opportunity to participate meaningfully in the preparation of the offer by inviting them to provide comments, within the period that the Agency specifies, on any information and studies that are necessary to conduct the impact assessment and on the contents of the documents referred to in paragraph 18(1)(b) that are to be provided to the proponent.
Marginal note:Acceptance
(4.2) If, within 60 days after the day on which the Agency provides the proponent with the written direction and documents referred to in subsection (4), the proponent provides the Agency with written notice that they accept the offer made under that subsection,
(a) the environmental assessment is continued as an impact assessment under this Act; and
(b) the direction is deemed to be a notice of commencement provided under paragraph 18(1)(a) and is deemed to have been posted on the Internet site on the day on which the proponent provided the Agency with the notice of acceptance.
Marginal note:No review panel
(4.3) Despite subsection 36(1), the Minister is not permitted to refer an impact assessment referred to in paragraph (4.2)(a) to a review panel.
Marginal note:Exception
(5) This section does not apply to an environmental assessment of a project that was the subject of an order made by the Minister under subsection 125(7) of the 2012 Act.
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