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| Canadian
Environmenta
l Assessment
Registry
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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.
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| Right of
access
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(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.
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| Copy
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(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 copy of any such record is
provided in a timely manner on request.
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| Establishment
and
maintenance
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55.1 (1) The Agency shall, in accordance
with this Act and the regulations, establish and
maintain an Internet site to be generally
accessible through what is commonly referred
to as the Internet.
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| Contents
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(2) Subject to subsection 55.5(1), the
Internet site shall include
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(a) within 14 days after the commencement
of an environmental assessment, notice of
its commencement, except where a class
screening report is used under subsection
19(5) or (6);
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(b) an agreement contemplated by
subsection 12.4(3);
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(c) a description of the scope of the project
in relation to which an environmental
assessment is to be conducted, as
determined under section 15;
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(d) a statement of the projects in respect of
which a class screening report is used under
subsection 19(5) or (6);
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(e) any declaration referred to in subsection
19(4) and the report to which it relates or a
description of how a copy of the report may
be obtained, and any declaration referred to
in subsection 19(9);
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(f) notice of termination of an
environmental assessment by a responsible
authority under section 26;
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(g) notice of termination of an
environmental assessment by the Minister
under section 27;
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(h) any public notices that are issued by
responsible authorities or the Agency to
request public input into an environmental
assessment;
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(i) notice of a decision of the Minister to
refer a project under paragraph 21.1(1)(a);
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(j) where the responsible authority, in
accordance with subsection 18(3), gives the
public an opportunity to participate in the
screening of a project or where the Minister,
under paragraph 21.1(1)(a), refers a project
to the responsible authority to continue a
comprehensive study, 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;
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(k) the screening or comprehensive study
report taken into consideration by a
responsible authority for the purpose of a
decision under section 20 or 37 or a
description of how a copy of the report may
be obtained, except where a class screening
report is used under subsection 19(5) or (6);
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(l) an environmental assessment decision
statement under subsection 23(1) and any
request made under subsection 23(2);
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(m) notice of the referral of a project to a
mediator or review panel;
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(n) the terms of reference of a mediation or
a review panel;
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(o) if the Minister has ordered the
conclusion of a mediation under subsection
29(4), notice of the order;
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(p) a report of a mediator or review panel or
a summary of the report;
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(q) a response under paragraph 37(1.1)(a) to
the report of a mediator or review panel;
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(r) except where a class screening report is
used under subsection 19(5) or (6), the
decision of a responsible authority, made
under section 20 or 37 concerning the
environmental effects of the project, and a
statement of any mitigation measures the
implementation of which the responsible
authority took into account in making its
decision;
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(s) a notice stating whether or not, pursuant
to subsection 38(1), a follow-up program
for the project is considered appropriate;
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(t) a description summarizing any
follow-up program and its results or an
indication of how a full description of the
program and its results may be obtained;
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(u) any other information that the
responsible authority or the Agency, as the
case may be, considers appropriate,
including information in the form of a list of
relevant documents in which case a
description of how they may be obtained
shall be provided; and
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(v) any other record or information
prescribed under paragraph 59(h.1).
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| Form and
manner of
Internet site
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(3) The Agency shall determine and notify
the public
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(a) what the form of the Internet site is to be
and how it is to be kept;
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(b) how records and information are to be
included in it;
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(c) what information must be contained in
any record referred to in subsection (2);
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(d) what records and information are to be
included in the Internet site, in addition to
any record referred to in subsection (2);
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(e) when information must be included in
the Internet site;
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(f) when information may be removed from
the Internet site; and
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(g) how access to the Internet site is to be
provided.
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| Duty to
contribute
records -
Agency
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55.2 (1) The Agency shall ensure that the
records referred to in paragraphs 55.1(2)(b),
(e), (i) and (l) are included in the Internet site.
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| In the case of
mediation or
review panel
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(2) The Agency shall, in the case of a
mediation or an assessment by a review panel,
ensure that the records referred to in
paragraphs 55.1(2)(c), (g), (h), (m), (n), (o),
(p), (q) and (u) and any record or information
referred to in paragraph 55.1(2)(v) are
included in the Internet site.
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| Duty to
contribute
records -
responsible
authorities
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55.3 (1) A responsible authority shall
ensure that the records referred to in
paragraphs 55.1(2)(a), (f), (j), (k), (r), (s) and
(t) and, in the case of a screening or a
comprehensive study, the records referred to
in paragraphs 55.1(2)(c), (h) and (u) and any
record or information referred to in paragraph
55.1(2)(v), are included in the Internet site.
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| Statement -
paragraph
55.1(2)(d)
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(2) A responsible authority shall ensure that
the statement referred to in paragraph
55.1(2)(d) is included in the Internet site every
three months or with any other greater
frequency to which it agrees with the Agency.
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| Time for
inclusion of
report
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(3) A screening report referred to in
paragraph 55.1(2)(k) or a description of how
a copy of it may be obtained shall be included
in the Internet site not later than the decision
referred to in paragraph 55.1(2)(r) that is
based on the report, unless otherwise
authorized by the Agency.
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| Establishment
and
maintenance
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55.4 (1) In respect of every project for
which an environmental assessment is
conducted, a project file shall be established
and maintained, in accordance with this Act
and the regulations,
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(a) by the responsible authority from the
commencement of the environmental
assessment until any follow-up program in
respect of the project is completed; and
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(b) where the project is referred to a
mediator or a review panel, by the Agency
from the appointment of the mediator or the
members of the review panel until the
report of the mediator or review panel is
submitted to the Minister.
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| Contents of
project file
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(2) Subject to subsection 55.5(1), a project
file shall contain all records produced,
collected or submitted with respect to the
environmental assessment of the project,
including
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(a) all records included in the Internet site;
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(b) any report relating to the assessment;
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(c) any comments filed by the public in
relation to the assessment;
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(d) any records relating to the need for,
design of or implementation of any
follow-up program; and
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(e) any documents requiring mitigation
measures to be implemented.
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| Categories of
information
that may be
made publicly
available
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55.5 (1) The Registry shall contain a record,
part of a record or information only if
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(a) it has otherwise been made publicly
available; or
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(b) the responsible authority, in the case of
a record under its control, or the Minister, in
the case of a record under the Agency's
control,
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(i) determines that it would have been
disclosed to the public in accordance
with the Access to Information Act if a
request had been made in respect of that
record under that Act at the time the
record came under the control of the
responsible authority or the Agency,
including any record that would be
disclosed in the public interest pursuant
to subsection 20(6) of that Act, or
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(ii) believes on reasonable grounds that it
would be in the public interest to disclose
it because it is required for the public to
participate effectively in the
environmental assessment - other than
any record the disclosure of which would
be prohibited under section 20 of the
Access to Information Act.
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| Applicability
of sections 27,
28 and 44 of
Access to
Information
Act to third
party
information
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(2) Sections 27, 28 and 44 of the Access to
Information Act apply to any information
described in subsection 27(1) of that Act that
the Agency or a responsible authority intends
be included in the Registry with any
modifications that the circumstances require,
including the following:
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(a) the information is deemed to be a record
that the head of a government institution
intends to disclose; and
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(b) any reference to the person who
requested access shall be disregarded.
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| Deemed
application
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(3) This section applies with respect to a
responsible authority that is a parent Crown
corporation but is not a government institution
within the meaning of the Access to
Information Act as if it were such a
government institution.
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| Protection
from civil
proceeding or
prosecution
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55.6 Notwithstanding any other Act of
Parliament, no civil or criminal proceedings
lie against a responsible authority, the Agency
or the Minister, or against any person acting on
behalf of them or under their direction, or
against a director or officer of a Crown
corporation to which this Act applies and no
proceedings lie against the Crown, the
Agency or any responsible authority, for the
disclosure in good faith of any record or any
part of a record pursuant to this Act or for any
consequences that flow from that disclosure or
for the failure to give any notice required
under section 27 or 28 of the Access to
Information Act if reasonable care is taken to
give the required notice.
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26. The heading before section 56 of the
Act is replaced by the following:
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27. The Act is amended by adding the
following after section 56:
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| Information
required in
support of
quality
assurance
program
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56.1 Federal authorities and persons and
bodies referred to in sections 8 to 10 shall, if
requested to do so by the Agency, provide the
Agency with any information respecting the
assessments whose conduct they ensure under
this Act that the Agency considers necessary
in support of a quality assurance program that
it establishes.
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28. (1) Subsection 58(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (g), by adding the
word ``and'' at the end of paragraph (h) and
by adding the following after paragraph
(h):
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(i) make regulations prescribing any project
or class of projects for which a
comprehensive study is required where the
Minister is satisfied that the project or any
project within that class is likely to have
significant adverse environmental effects.
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| 1994, c. 46,
s. 4(2)
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(2) Subsection 58(1.1) of the Act is
replaced by the following:
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| Participant
funding
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(1.1) For the purposes of this Act, the
Minister shall establish a participant funding
program to facilitate the participation of the
public in comprehensive studies, mediations
and assessments by review panels established
under either subsection 33(1) or 40(2).
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29. (1) Section 59 of the Act is amended by
adding the following after paragraph (a):
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(a.1) respecting the duties and functions of
the federal environmental assessment
coordinator, and respecting the selection or
designation of the coordinator;
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| 1993, c. 34,
s. 40(1)(F)
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(2) Paragraph 59(c) of the Act is replaced
by the following:
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(c) exempting any projects or classes of
projects from the requirement to conduct an
assessment under this Act that
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(i) in the opinion of the Governor in
Council, ought not to be assessed for
reasons of national security,
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(ii) in the case of projects in relation to
physical works, in the opinion of the
Governor in Council, have insignificant
environmental effects, or
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(iii) have a total cost below a prescribed
amount and meet prescribed
environmental conditions;
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(c.1) exempting, in replacement of
exemptions made under paragraph (c), in
relation to any Crown corporation to which
this Act applies or in relation to the
Canadian International Development
Agency, any projects or classes of projects
to be carried out outside Canada and any
federal lands from the requirement to
conduct an environmental assessment
under this Act that
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(i) in the opinion of the Governor in
Council, ought not to be assessed for
reasons of national security,
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(ii) in the case of projects in relation to a
physical work, in the opinion of the
Governor in Council, have insignificant
environmental effects, or
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(iii) have a total cost below a prescribed
amount and meet prescribed
environmental conditions;
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(2.1) Paragraph 59(d) of the Act is
repealed.
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(2.2) Paragraph 59(f) of the Act is
replaced by the following:
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(f) prescribing, for the purposes of
paragraph 5(1)(d), the provisions of any Act
of Parliament or any instrument made under
an Act of Parliament;
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(3) Paragraph 59(h) of the Act is replaced
by the following:
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(h) respecting the dissemination by
responsible authorities of information
relating to projects and the environmental
assessment of projects and the
establishment, maintenance and operation
of project files referred to in section 55.4,
including facilities to enable the public to
examine physical or electronic records
contained in the files, the time and manner
in which those records may be examined or
copied by the public and the transfer and
retention of those records after the
completion of any follow-up program;
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(h.1) prescribing records or information to
be included in the Internet site by the
Agency or a responsible authority;
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(h.2) respecting the charging of fees for
providing copies of documents contained in
the Registry;
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(h.3) for the purposes of subsection 38(1) or
(2) or 53(1), prescribing the manner of
designing a follow-up program;
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