For greater certainty	(4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project.
Obligation to comply with coordinator's requests	12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions.
	9. The Act is amended by adding the following after section 16:
Community knowledge and aboriginal traditional knowledge	16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment.
Regional studies	16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a project in the region, particularly in considering any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out.
1993, c. 34, s. 23(1)(F)	10. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Screening	18. (1) Where a project is not described in the comprehensive study list or the exclusion list made under paragraph 59(c) , the responsible authority shall ensure that
	(2) Subsection 18(3) of the Act is replaced by the following:
Public participation	(3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances - or in prescribed circumstances - the responsible authority shall give the public an opportunity to examine and comment on the screening report before taking a course of action under section 20 and may, at any stage of the screening that it determines, give the public any other opportunity to participate.
Timing of public participation	(4) The responsible authority's discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c).
1993, c. 34, s. 24(F)	11. Section 19 of the Act is replaced by the following:
Class screening reports	19. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied.
Use of class screening report	(2) The declaration shall include a statement that the class screening report may be used as
	(a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or
	(b) a model for streamlining the screening required by section 18 for projects of the class.
Public notice and consideration of public comments	(3) The Agency shall, before making a declaration pursuant to subsection (1),
	(a) publish, in any manner it considers appropriate , a notice setting out the following information, namely,
	(i) the date on which the draft report will be available to the public,
	(ii) the place at which copies of it may be obtained, and
	(iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and
	(b) take into consideration any comments filed under subparagraph (a)(iii) .
Publication of declaration	(4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, together with the report to which it relates or a description of how a copy of the report may be obtained , shall be included in the Registry .
Use of a class screening report as a replacement	(5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented.
Use of class screening report as a model	(6) Where a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies , the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18.
Necessary adjustments	(7) Where a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies , it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.
Declaration to remove class screening report	(8) Where the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.
Publication	(9) Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and included in the Registry .
	12. Subsection 20(3) of the Act is replaced by the following:
Scope of mitigation measures	(2.1) For greater certainty, in determining what mitigation measures it considers appropriate and in ensuring their implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs.
Assistance of other federal authority	(2.2) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.
Prohibition of actions in furtherance of project	(3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part.
1993, c. 34, s. 26(F)	13. Section 21 of the Act is replaced by the following:
Report and recommendati on	21. Where a project is described in the comprehensive study list, the responsible authority shall, as soon as it is of the opinion that it has sufficient information to do so and has provided an opportunity for public participation,
	(a) report to the Minister regarding
	(i) the scope of the project, and the factors to be considered in its assessment,
	(ii) public concerns in relation to the project,
	(iii) the potential of the project to cause adverse environmental effects, and
	(iv) the ability of the comprehensive study to address issues relating to the project; and
	(b) recommend to the Minister to continue with the environmental assessment by means of a comprehensive study, or to refer the project to a mediator or review panel in accordance with section 29.
Minister's decision	21.1 (1) The Minister, taking into account the things with regard to which the responsible authority must report under paragraph 21(a) and the recommendation of the responsible authority under paragraph 21(b), shall, as the Minister considers appropriate,
	(a) refer the project to the responsible authority so that it may continue the comprehensive study and ensure that a comprehensive study report is prepared and provided to the Minister and to the Agency; or
	(b) refer the project to a mediator or review panel in accordance with section 29.
Decision final	(2) Despite any other provision of this Act, if the Minister refers the project to a responsible authority under paragraph (1)(a), it may not be referred to a mediator or review panel in accordance with section 29.
Public participation	21.2 Where a project has been referred to a responsible authority under paragraph 21.1(1)(a), the responsible authority shall ensure that the public is provided with an opportunity, in addition to those provided under sections 21 and 22, to participate in the comprehensive study, subject to a decision with respect to the timing of the participation made by the environmental assessment coordinator under paragraph 12.3(c).
	14. Section 23 of the Act is replaced by the following:
Decision of Minister	23. (1) The Minister shall, after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2), refer the project back to the responsible authority for action under section 37 and issue an environmental assessment decision statement that
	(a) sets out the Minister's opinion as to whether, taking into account the implementation of any mitigation measures that the Minister considers appropriate, the project is or is not likely to cause significant adverse environmental effects; and
	(b) sets out any mitigation measures or follow-up program that the Minister considers appropriate, after having taken into account the views of the responsible authorities and other federal authorities concerning the measures and program.
More information required	(2) Before issuing an environmental assessment decision statement, the Minister shall, if the Minister is of the opinion that additional information is necessary or that there are public concerns that need to be further addressed, request that the federal authorities referred to in paragraph 12.3(a) or the proponent ensure that the necessary information is provided or actions are taken to address those public concerns.
	15. Subsection 29(4) of the Act is replaced by the following:
When mediation fails	(4) Where, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the participants, the Minister shall order the conclusion of the mediation.
	16. Subsection 32(1) of the French version of the Act is replaced by the following:
Rapport du médiateur	32. (1) Dès la fin de la médiation, le médiateur présente un rapport au ministre et à l'autorité responsable.
	17. (1) Subsection 35(3) of the Act is replaced by the following:
Hearings to be public	(3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm to the environment by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1).
	(2) Section 35 of the Act is amended by adding the following after subsection (4):
Non-disclosur e	(4.1) Where a review panel is satisfied that the disclosure of evidence, documents or other things would cause specific harm to the environment, the evidence, documents or things are privileged and shall not, without the authorization of the review panel, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to this Act.
1994, c. 46, s. 3(1)	18. (1) The portion of subsection 37(1) of the Act before paragraph (a) is replaced by the following:
Decision of responsible authority	37. (1) Subject to subsections (1.1) to (1.3) , the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to subsection 23(1) , the comprehensive study report:
	(2) Section 37 of the Act is amended by adding the following after subsection (1.1):
Federal authority	(1.2) Where a response to a report is required under paragraph (1.1)(a) and there is, in addition to a responsible authority, a federal authority referred to in paragraph 5(2)(b) in relation to the project, that federal authority may act as a responsible authority for the purposes of that response. This subsection applies in the case of a federal authority within the meaning of paragraph (b) of the definition ``federal authority'' in subsection 2(1) if the Minister through whom the authority is accountable to Parliament agrees.
Approval of Governor in Council	(1.3) Where a project is referred back to a responsible authority under subsection 23(1) and the Minister issues an environmental assessment decision statement to the effect that the project is likely to cause significant adverse environmental effects, no course of action may be taken by the responsible authority under subsection (1) without the approval of the Governor in Council.
	(3) Subsection 37(3) of the Act is replaced by the following:
Scope of mitigation measures	(2.1) For greater certainty, in determining what mitigation measures it considers appropriate and in ensuring their implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs.
Assistance of other federal authority	(2.2) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.
Prohibition: proceeding with project	(3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part.
1993, c. 34, s. 30(F)	19. Section 38 of the Act is replaced by the following:
Consideration of follow-up - decision under paragraph 20(1)(a)	38. (1) Where a responsible authority takes a course of action under paragraph 20(1)(a), it shall consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall design a follow-up program in accordance with any regulations made under paragraph 59(h.1) and ensure its implementation.
Mandatory follow-up - decision under paragraph 37(1)(a)	(2) Where a responsible authority takes a course of action under paragraph 37(1)(a), it shall design a follow-up program for the project in accordance with any regulations made under paragraph 59(h.1) and ensure its implementation.
Scope of follow-up program	(3) In designing a follow-up program and in ensuring its implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs.
Assistance of other federal authority	(4) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a follow-up program on which the federal authority and the responsible authority have agreed.
Follow-up programs	(5) The results of follow-up programs may be used for implementing adaptive management measures and for improving the quality of future environmental assessments.
1993, c. 34, s. 31(1)(F)	20. Subsection 40(2) of the Act is replaced by the following:
Review panels established jointly with another jurisdiction	(2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act, the Minister
	(a) may enter into an agreement or arrangement with a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) that has powers, duties or functions in relation to the assessment of the environmental effects of the project , respecting the joint establishment of a review panel and the manner in which an assessment of the environmental effects of the project is to be conducted by the review panel; and
	(b) shall, in the case of a jurisdiction within the meaning of subsection 12(5) that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it , offer to consult and cooperate with that other jurisdiction respecting the assessment of the environmental effects of the project.
	21. Paragraph 41(d) of the Act is replaced by the following:
	(d) the review panel is to have the powers and immunities provided for in section 35;
	22. Subsection 46(1) of the Act is replaced by the following: