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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 3RESPONSIBLE RESOURCE DEVELOPMENT

2009, c. 14, s. 126Related Amendments to the Environmental Violations Administrative Monetary Penalties Act

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 Section 41 of the First Nations Land Management Act is repealed.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

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;

70. Subsection 4(2) of the Act is repealed.

Marginal note:1990, c. 7, s. 4(1)

  • 71. (1) Subsection 6(1) of the English version of the Act is replaced by the following:

    Marginal note:Chairperson and Vice-chairperson

    • 6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Board and another of the members to be Vice-chairperson of the Board.

  • (2) Subsection 6(2) of the Act is replaced by the following:

    • Marginal note:Chairperson’s duties

      (2) The Chairperson is the chief executive officer of the Board. The Chairperson apportions work among the members and, if the Board sits in a panel, assigns members to the panel and a member to preside over it. The Chairperson also has supervision over and direction of the work of the Board’s staff.

    • Marginal note:Directives regarding timeliness

      (2.1) To ensure that an application before the Board is dealt with in a timely manner, the Chairperson may issue directives to the members authorized to deal with the application regarding the manner in which they are to do so.

    • Marginal note:Measures to meet time limit

      (2.2) If the Chairperson is of the opinion that a time limit imposed under any of sections 52, 58 and 58.16 is not likely to be met in respect of an application, the Chairperson may take any measure that the Chairperson considers appropriate to ensure that the time limit is met, including

      • (a) removing any or all members of the panel authorized to deal with the application;

      • (b) authorizing one or more members to deal with the application;

      • (c) increasing or decreasing the number of members dealing with the application; and

      • (d) specifying the manner in which section 55.2 is to be applied in respect of the application.

    • Marginal note:Clarification

      (2.3) For greater certainty, the power referred to in subsection (2.2) includes the power to designate a single member, including the Chairperson, as the sole member who is authorized to deal with the application.

    • Marginal note:Effects of measure

      (2.4) If the composition of the panel dealing with an application is changed as a result of any measure taken under subsection (2.2),

      • (a) evidence and representations received by the Board in relation to the application before the taking of the measure are considered to have been received after the taking of the measure; and

      • (b) the Board is bound by every decision made by the Board in relation to the application before the taking of the measure unless the Board elects to review, vary or rescind it.

    • Marginal note:Inconsistencies

      (2.5) In the event of any inconsistency between any directive issued under subsection (2.1) or measure taken under subsection (2.2) and any rule made under section 8, the directive or measure prevails to the extent of the inconsistency.

  • Marginal note:1990, c. 7, s. 4(2)

    (3) Subsections 6(3) and (4) of the English version of the Act are replaced by the following:

    • Marginal note:Vice-chairperson’s duties

      (3) If the Chairperson is absent or unable to act or if the office is vacant, the Vice-chairperson has all the Chairperson’s powers and functions.

    • Marginal note:Acting Chairperson

      (4) The Board may authorize one or more of its members to act as Chairperson for the time being in the event that the Chairperson and Vice-chairperson are absent or unable to act or if the offices are vacant.

72. Section 7 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (2.1) Despite subsection (2), if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the number of members authorized by the Chairperson to deal with the application constitutes a quorum of the Board.

73. Section 8 of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

74. Section 11 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Expeditious proceedings

    (4) Subject to subsections 6(2.1) and (2.2), all applications and proceedings before the Board are to be dealt with as expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the time limit provided for under this Act, if there is one.

Marginal note:1990, c. 7, s. 6

75. Section 14 of the Act is replaced by the following:

Marginal note:Authorization regarding Board’s powers, duties and functions

  • 14. (1) The Chairperson may authorize one or more members, either jointly or severally, to exercise any of the Board’s powers or to perform any of the Board’s duties and functions under this Act, except those under subsection 45(3), sections 46, 47, 48, 52 to 54, 56, 58, 58.11, 58.14, 58.16, 58.32, 58.35, 58.37 and 129 and under Parts IV, VI, VII and IX.

  • Marginal note:Presumption

    (2) Any power exercised or any duty or function performed by a member or members under the authorization is considered to have been exercised or performed by the Board.

Marginal note:1990, c. 7, s. 7

76. Subsection 15(1) of the Act is replaced by the following:

Marginal note:Powers of members authorized to report

  • 15. (1) The Chairperson may authorize one or more of the members to report to the Board on any question or matter arising in connection with the business of or any application or proceeding before the Board, and the member or members so authorized have all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of making the report and the recommendations contained in it as to the decision or order of the Board to be made on the question or matter.

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