Canada Port Authority Environmental Assessment Regulations (SOR/99-318)

• 28 (1) The CPA shall take one of the following courses of action that is in conformity with the approval of the Governor in Council referred to in section 27:

  • (a) the CPA may exercise any power or perform any duty or function referred to in paragraphs 5(1) (a) to (c) of the Act, if, taking into account the implementation of any technically and economically feasible mitigation measures,

    • (i) the project is not likely to cause significant adverse environmental effects, or

    • (ii) the project is likely to cause significant adverse environmental effects that can be justified in the circumstances; or

  • (b) the CPA shall not exercise a power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act if, taking into account the implementation of any technically and economically feasible mitigation measures, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances.

• (2) If the CPA takes a course of action referred to in paragraph (1)(a), it shall

  • (a) ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented;

  • (b) design a follow-up program, if appropriate for the project, and arrange for the implementation of that program; and

  • (c) advise the public of

    • (i) its course of action in relation to the project,

    • (ii) any mitigation measures to be implemented with respect to adverse environmental effects of the project,

    • (iii) any follow-up program designed for the project, and

    • (iv) the results of any follow-up program.

• (3) If the CPA takes a course of action referred to in paragraph (1)(b), it shall file a notice of that course of action in the public registry maintained by the CPA in accordance with section 31.

Previous Assessment

29 Section 24 of the Act applies to a CPA, with any modifications that are necessary, with respect to previously conducted environmental assessments.

Termination of Assessment

30 Sections 26 and 27 of the Act apply to a CPA, with any modifications that are necessary, with respect to the termination of an environmental assessment.

Public Registries

31 Subsections 55(1) to (4) of the Act apply to a CPA and to the Agency, with any modifications that are necessary, with respect to public registries.

Coming into Force

32 These Regulations come into force on the day on which they are registered.