|
|
17. (1) Subsection 35(3) of the Act is
replaced by the following:
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|
| 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).
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|
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|
(2) Section 35 of the Act is amended by
adding the following after subsection (4):
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|
| 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.
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|
| 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:
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|
|
(1.1) The portion of paragraph 37(1)(a) of
the Act after subparagraph (ii) is replaced
by the following:
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the responsible authority may exercise any
power or perform any duty or function that
would permit the project to be carried out in
whole or in part; or
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|
|
(2) Section 37 of the Act is amended by
adding the following after subsection (1.1):
|
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| 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.
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|
|
(3) Subsection 37(3) of the Act is replaced
by the following:
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| Mitigation
measures -
extent of
authority
|
(2.1) Mitigation measures that may be
taken into account under subsection (1) by a
responsible authority are not limited to
measures within the legislative authority of
Parliament and include
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(a) any mitigation measures whose
implementation the responsible authority
can ensure; and
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|
(b) any other mitigation measures that it is
satisfied will be implemented by another
person or body.
|
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| Responsible
authority to
ensure
implementatio
n of
mitigation
measures
|
(2.2) When a responsible authority takes a
course of action referred to in paragraph
(1)(a), it shall, with respect to any mitigation
measures it has taken into account and that are
described in paragraph (2.1)(a), ensure their
implementation in any manner that it
considers necessary and, in doing so, it is not
limited to its duties or powers under any other
Act of Parliament.
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| Assistance of
other federal
authority
|
(2.3 ) 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, the responsible
authority shall publish a notice of that course
of action in the Registry and 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.
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|
| 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 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 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. (1) 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
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|
(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 the environmental
assessment of the project is to be conducted
by the review panel; and
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|
(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 environmental assessment of
the project.
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|
|
|
(2) Subsection 40(3) of the Act is replaced
by the following:
|
|
| Review panels
established
jointly with
another
jurisdiction
|
(3) Subject to section 41, where the referral
of a project to a review panel is required or
permitted by this Act and a jurisdiction
referred to in paragraph (1)(e) or (f) has a
responsibility or an authority to conduct an
assessment of the environmental effects of the
project or any part of it, the Minister and the
Minister of Foreign Affairs may enter into an
agreement or arrangement with that
jurisdiction respecting the joint establishment
of a review panel and the manner in which the
environmental assessment of the project is to
be conducted by the review panel.
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|
| 1998, c. 25,
s. 164
|
21. (1) The portion of section 41 of the Act
before paragraph (a) is replaced by the
following:
|
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| Conditions
|
41. An agreement or arrangement entered
into pursuant to subsection 40(2) or (3), and
any document establishing a review panel
under subsection 40(2.1), shall provide that
the environmental assessment of the project
shall include a consideration of the factors
required to be considered under subsections
16(1) and (2) and be conducted in accordance
with any additional requirements and
procedures set out in the agreement and shall
provide that
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|
|
(2) Paragraph 41(d) of the Act is replaced
by the following:
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|
(d) the review panel is to have the powers
and immunities provided for in section 35;
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|
|
22. Subsection 46(1) of the Act is replaced
by the following:
|
|
| Transboundar
y and related
environmental
effects
|
46. (1) Where no power, duty or function
referred to in section 5 is to be exercised or
performed by a federal authority in relation to
a project that is to be carried out in a province
and the Minister is of the opinion that the
project may cause significant adverse
environmental effects in another province, the
Minister may refer the project to a mediator or
a review panel in accordance with section 29
for an assessment of the environmental effects
of the project in that other province.
|
|
| 1995, c. 5,
par. 25(1)(b)
|
23. Subsection 47(1) of the Act is replaced
by the following:
|
|
| International
environmental
effects
|
47. (1) Where no power, duty or function
referred to in section 5 is to be exercised or
performed by a federal authority in relation to
a project that is to be carried out in Canada or
on federal lands and the Minister is of the
opinion that the project may cause significant
adverse environmental effects occurring both
outside Canada and outside those federal
lands, the Minister and the Minister of Foreign
Affairs may refer the project to a mediator or
a review panel in accordance with section 29
for an assessment of the environmental effects
of the project occurring both outside Canada
and outside federal lands.
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|
|
|
24. (1) The portion of subsection 48(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Environmenta
l effects of
projects
carried out on
lands of
federal
interest
|
48. (1) Where no power, duty or function
referred to in section 5 is to be exercised or
performed by a federal authority in relation to
a project that is to be carried out in Canada and
the Minister is of the opinion that the project
may cause significant adverse environmental
effects on
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|
(1.1) Paragraph 48(1)(b) of the Act is
replaced by the following:
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|
(a.1) a park or park reserve as defined in
subsection 2(1) of the Canada National
Parks Act,
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|
|
(b) federal lands other than those mentioned
in paragraph (a) or (a.1),
|
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|
|
(1.2) Section 48 of the Act is amended by
adding the following after subsection (1):
|
|
| Ecological
integrity
|
(1.1) In deciding whether or not a project
may cause significant adverse environmental
effects on a park or park reserve as defined in
subsection 2(1) of the Canada National Parks
Act, the Minister shall take into account its
ecological integrity, as that expression is
defined in that subsection.
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|
|
(2) The portion of subsection 48(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
| Environmenta
l effects of
projects
carried out on
reserve lands,
etc.
|
(2) Where no power, duty or function
referred to in section 5 is to be exercised or
performed by a federal authority in relation to
a project that is to be carried out on
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|
|
(2.1) Paragraph 48(3)(c) of the Act is
replaced by the following:
|
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|
|
(c) in respect of lands referred to in
paragraph (1)(c) or (e) or (2)(b), the party to
the agreement or claim - or that party's
successor - that was, or was acting on
behalf of, an aboriginal people or group, or
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|
|
(3) Subsection 48(5) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (c) and by adding the following
after paragraph (d):
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|
|
(e) in respect of lands referred to in
paragraph (1)(a) or (2)(a), the council of the
band for whose use and benefit the reserve
has been set apart;
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|
|
(f) in respect of lands referred to in
paragraph (1)(c) or (e) or (2)(b), the party to
the agreement or claim - or that party's
successor - that was, or was acting on
behalf of, an aboriginal people or group ;
and
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|
|
(g) in respect of lands that have been set
aside for the use and benefit of Indians
pursuant to legislation referred to in
paragraph (1)(d) or (2)(c), the governing
body established by that legislation.
|
|
| 1993, c. 34,
s. 37(F)
|
25. Subsections 54(2) and (3) of the Act
are replaced by the following:
|
|
| International
agreement or
arrangement
|
(2) Subject to subsection (3), where a
federal authority or the Government of
Canada on behalf of a federal authority enters
into an agreement or arrangement with any
government or any person, organization or
institution, whether or not part of or affiliated
with a government, under which a federal
authority exercises a power or performs a duty
or function referred to in paragraph 5(1)(b) or
10.1(2)(b) in relation to projects the essential
details of which are not specified and that are
to be carried out both outside Canada and
outside federal lands, the Government of
Canada or the federal authority shall ensure, in
so far as is practicable and subject to any other
such agreement to which the Government of
Canada or federal authority is a party, that the
agreement or arrangement provides for the
assessment of the environmental effects of
those projects and that the assessment will be
carried out as early as practicable in the
planning stages of those projects, before
irrevocable decisions are made, in accordance
with
|
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|
|
(a) this Act and the regulations; or
|
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|
|
(b) a process for the assessment of the
environmental effects of projects that is
consistent with the requirements of this Act
and is in effect in the foreign state where the
projects are to be carried out.
|
|
| Exception
|
(3) For greater certainty, if a federal
authority will be required to exercise a power
or perform a duty or function referred to in
paragraph 5(1)(b) or 10.1(2)(b) - in relation
to a project in respect of which an agreement
or arrangement referred to in subsection (1) or
(2) applies - after the essential details of the
project are specified
|
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|
|
(a) subsection (1) or (2), as the case may be,
does not apply in respect of the agreement
or arrangement; and
|
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|
|
(b) section 5 or 10.1, as the case may be,
applies .
|
|
| 1993, c. 34,
s. 38(F)
|
26. Section 55 of the Act and the heading
before it are replaced by the following:
|
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|
|
|
|
|
|
|
|
| Canadian
Environmenta
l Assessment
Registry
|
55. (1) For the purpose of facilitating public
access to records relating to environmental
assessments and providing notice in a timely
manner of the assessments, there shall be a
registry called the Canadian Environmental
Assessment Registry, consisting of an Internet
site and project files .
|
|
| Right of
access
|
(2) The Registry shall be operated in a
manner to ensure convenient public access to
it. This right of access to the Registry is in
addition to any right of access provided under
any other Act of Parliament.
|
|
| Printed copy
|
(3) For the purpose of facilitating public
access to records included in the Registry, in
the case of a screening or comprehensive
study, the Federal Environmental Assessment
Coordinator and, in any other case, the
Agency shall ensure that a printed copy of any
such record is provided in a timely manner on
request .
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