Time for statement	(3) The Minister shall not issue the environmental assessment decision statement before the 30th day after the inclusion on the Internet site of
	(a) notice of the commencement of the environmental assessment;
	(b) a description of the scope of the project;
	(c) where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study,
	(i) notice of the Minister's decision to so refer the project, and
	(ii) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and
	(d) the comprehensive study report that is to be taken into consideration by a responsible authority in making its decision under subsection 37(1) or a description of how a copy of the report may be obtained.
	14. 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.
	15. 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.
	16. (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)	17. (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:
1993, c. 34, s. 29(1)(F)	(1.1) The portion of paragraph 37(1)(a) of the Act after subparagraph (ii) is replaced by the following:
	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
	(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:
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
	(a) any mitigation measures whose implementation the responsible authority can ensure; and
	(b) any other mitigation measures that it is satisfied will be implemented by another person or body.
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.
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.
Time for decision	(4) A responsible authority shall not take any course of action under subsection (1) before the 30th day after the report submitted by a mediator or a review panel or a summary of it has been included on the Internet site in accordance with paragraph 55.1(2)(p).
1993, c. 34, s. 30(F)	18. 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 or for improving the quality of future environmental assessments.
1993, c. 34, s. 31(1)(F)	19. (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
	(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
	(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.
1993, c. 34, s. 31(2)(F); 1995, c. 5, par. 25(1)(b)	(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.
1998, c. 25, s. 164	20. (1) The portion of section 41 of the Act before paragraph (a) is replaced by the following:
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
	(2) 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;
	21. 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)	22. 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.
	23. (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
	(1.1) Paragraph 48(1)(b) of the Act is replaced by the following:
	(a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act,
	(b) federal lands other than those mentioned in paragraph (a) or (a.1),
	(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.
	(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
	(2.1) Paragraph 48(3)(c) of the Act is replaced by the following:
	(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
	(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):
	(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;
	(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
	(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)	24. 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
	(a) this Act and the regulations; or
	(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
	(a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and
	(b) section 5 or 10.1, as the case may be, applies.
1993, c. 34, s. 38(F)	25. Section 55 of the Act and the heading before it are replaced by the following: