Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canadian Environmental Assessment Act”.

This enactment implements the results of the statutory review of the Canadian Environmental Assessment Act conducted by the Minister of the Environment. It establishes a Federal Environmental Assessment Coordinator for projects that undergo screening or comprehensive study-level assessment. It modifies the comprehensive study process to prevent a second environmental assessment of a project by review panel, while extending the participant funding program to comprehensive studies. This enactment expands existing regulation-making authority for projects on federal lands, provides a new use for class screening reports as a replacement for project-specific assessments and makes follow-up programs mandatory for projects after a comprehensive study or review panel.

To provide Canadians with access to information about the environmental assessment of specific projects, this enactment creates the Canadian Environmental Assessment Registry. It requires that the Canadian Environmental Assessment Agency establish and lead a quality assurance program, promote and monitor compliance and assist relevant parties in building consensus and resolving disputes.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

comprehensive study means an environmental assessment that is conducted pursuant to Insertion start sections Insertion end 21 Insertion start and 21.‍1 Insertion end , and that includes a consideration of the factors required to be considered pursuant to subsections 16(1) and (2); (étude approfondie)

exclusion list means a list of projects or classes of projects that have been Insertion start exempted from the obligation to conduct an assessment by Insertion end regulations made under paragraph 59(c) Insertion start or (c.‍1) Insertion end ; (liste d’exclusion)

• (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut,

Registry means the Canadian Environmental Assessment Registry established under section 55; (registre)

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  (b.‍2) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessment processes for projects;

• (b.‍3) to promote communication and cooperation between responsible authorities and Aboriginal peoples with respect to environmental assessment;

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Exclusions

7 (1) An assessment of a project is not required Insertion start under section 5 or sections 8 to 10.‍1 Insertion end , where

Exclusions

(2) For greater certainty, an assessment is not required under any of the provisions referred to in this subsection where a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)‍(b) Insertion start or 10.‍1(2)‍(b) Insertion end — Insertion start or a person or body exercises a power or performs a duty or function referred to in paragraph 8(1.‍1)‍(b), 9(2)‍(b) or 9.‍1(2)‍(b) Insertion end — in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed.

Assessments of Environmental Effects

Assessments by Crown corporations if regulations in force

8 (1) A Crown corporation, within the meaning of the Financial Administration Act, or any corporation controlled by Insertion start the Crown Insertion end corporation, shall, Insertion start if regulations have been made in relation to it under paragraph 59(j) and have come into force Insertion end , ensure that an assessment of the environmental effects of Insertion start a Insertion end project under this section is conducted in accordance with Insertion start those Insertion end regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

Projects

(1.‍1) The assessment of the environmental effects of a project under this section shall be conducted where

• (a) the Crown corporation or corporation controlled by it is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

• (b) the Crown corporation or corporation controlled by it makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;

• (c) the Crown corporation or corporation controlled by it sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;

• (d) under a provision prescribed under paragraph 59(j.‍2), the Crown corporation or corporation controlled by it issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or

• (e) in circumstances prescribed by regulations made under paragraph 59(j.‍3), a project is to be carried out in whole or in part on federal lands that the Crown corporation or corporation controlled by it holds or owns or over which it has administration or management, or in which it has any right or interest specified in those regulations.

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Assessments by harbour commissions and port authorities

9  Insertion start (1) Insertion end  The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not for profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act shall, Insertion start if regulations have been made under paragraph 59(k) and have come into force Insertion end , ensure that an assessment of the environmental effects of Insertion start a Insertion end project under this section is conducted Insertion start in accordance with those regulations Insertion end as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

Projects

(2) The assessment of the environmental effects of a project under this section shall be conducted where

• (a) a person or body referred to in subsection (1) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

• (b) a person or body referred to in subsection (1) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;

• (c) a person or body referred to in subsection (1) sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;

• (d) under a provision prescribed under paragraph 59(k.‍1), a person or body referred to in subsection (1) issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or

• (e) in circumstances prescribed by regulations made under paragraph 59(k.‍2), a project is to be carried out in whole or in part on federal lands over which a person or body referred to in subsection (1) has administration or management.

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Prescribed authorities

9.‍1 (1) If regulations have been made under paragraph 59(k.‍3) and have come into force, an authority prescribed by those regulations shall ensure that an assessment of the environmental effects of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

Projects

(2) The assessment of the environmental effects of a project under this section shall be conducted where

• (a) the project is to be carried out on federal lands and the prescribed authority is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

• (b) the project is to be carried out on federal lands and the prescribed authority makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;

• (c) the prescribed authority sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;

• (d) the prescribed authority, under a provision prescribed under paragraph 59(k.‍4), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or

• (e) in circumstances prescribed by regulations made under paragraph 59(k.‍5), a project is to be carried out in whole or in part on federal lands over which the prescribed authority has administration or management or any right or interest specified in those regulations.

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Assessments by band councils under regulations

10  Insertion start If Insertion end a project Insertion start is Insertion end to be carried out in whole or in part on a reserve that Insertion start has been Insertion end set apart for the use and benefit of a band and that is subject to the Indian Act, the council of the band for whose use and benefit the reserve has been set apart shall, Insertion start if regulations that apply to the band have been made under paragraph 59(l) and have come into force, Insertion end ensure that an assessment of the environmental effects of the project is conducted in accordance with Insertion start those Insertion end regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

Assessments — CIDA

10.‍1 (1) The Canadian International Development Agency shall, if regulations have been made under paragraph 59(l.‍01) and have come into force, ensure that an assessment of the environmental effects of a project is conducted under this section in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

Projects

(2) An assessment of the environmental effects of a project under this section is required to be conducted where the Canadian International Development Agency

• (a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; or

• (b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance for the purpose of enabling the project to be carried out in whole or in part.

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Replacement for environmental assessment

(3) The application of subsection 5(1) to the Canadian International Development Agency is suspended while regulations referred to in subsection (1) are in force.

Ministerial orders

11.‍1 (1) The minister through whom the responsible authority is accountable to Parliament for the conduct of its affairs in respect of a project being assessed under this Act — or, if there is more than one responsible authority in respect of a project, the ministers together — may, by order, prohibit a proponent from doing, until the day on which the responsible authority or authorities take a course of action under paragraph 20(1)‍(a) or (b) or subsection 37(1), any act or thing that carries out the project being assessed in whole or in part and that would alter the environment.

Order in force

(2) An order under subsection (1) takes effect on the day on which it is made.

Approval of Governor in Council

(3) The order ceases to have effect 14 days after it is made unless, within that period, it is approved by the Governor in Council.

Exemption from application of Statutory Instruments Act

(4) The order is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.

Order not to be reissued

(5) If an order has been made under this section prohibiting a particular proponent of a project from doing a particular act or thing, the minister or ministers may not make a subsequent order prohibiting the same proponent from doing the same act or thing.

Injunction

11.‍2 (1) If, on the application of the Attorney General of Canada, it appears to a court of competent jurisdiction that an order made under section 11.‍1 has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would contravene the order, until the day on which the responsible authority or authorities referred to in that section take a course of action under paragraph 20(1)‍(a) or (b) or subsection 37(1).

Notice

(2) At least forty-eight hours before an injunction is issued under subsection (1), notice of the application shall be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.

Federal Environmental Assessment Coordinator

Role

12.‍1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)‍(c) or (d) or 40(1)‍(e) or (f) and other participants.

Duties

12.‍2 The federal environmental assessment coordinator shall, in accordance with any regulations made under paragraph 59(a.‍1),

• (a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified;

• (b) coordinate their involvement throughout the environmental assessment process;

• (c) coordinate the responsible authorities’ fulfilment of their obligations under subsection 55.‍2(1) and section 55.‍3;

• (d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and

• (e) coordinate the federal authorities’ involvement with other jurisdictions.

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Powers

12.‍3 In carrying out duties under section 12.‍2, the federal environmental assessment coordinator may, in accordance with any regulations made under paragraph 59(a.‍1),

• (a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project;

• (b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and

• (c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation.

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Agency as coordinator

12.‍4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if

• (a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)‍(a), (c) or (d) or 40(1)‍(e) or (f); or

• (b) the project is described in the comprehensive study list.

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Responsible authority as coordinator

(2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is

• (a) the sole responsible authority in relation to the project; or

• (b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities — or, if they have not selected one within a reasonable time, the one that is designated by the Agency — in accordance with any regulations made under paragraph 59(a.‍1).

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Coordinator by agreement

(3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except

• (a) the Agency, if the responsible authorities referred to in paragraph (2)‍(b) and the Agency agree; or

• (b) a responsible authority, in a case referred to in paragraph (1)‍(a) or (b), if the Agency and the responsible authority agree.

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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.

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.

Screening

18 (1) Where a project is not described in the comprehensive study list or the exclusion list Insertion start made under paragraph 59(c) Insertion end , the responsible authority shall ensure that

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 Insertion start in prescribed circumstances Insertion end — 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 Insertion start and may, at any stage of the screening that it determines, give the public any other opportunity to participate Insertion end .

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).

Class screening reports

19 (1) Subject to subsection (3), the Agency may declare a Insertion start report to be a Insertion end class screening report Insertion start 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 Insertion end .

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.

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Public notice and consideration of public comments

(3) The Agency shall, before making a declaration pursuant to subsection (1),

• (a) publish, in Insertion start any manner it considers appropriate Insertion end , a notice setting out the following information, namely,

  • (i) the date on which the Insertion start draft Insertion end report will be available to the public,

  • (ii) the place at which copies of Insertion start it Insertion end may be obtained, and

  • (iii) the deadline and address for filing comments on the appropriateness of Insertion start its Insertion end use as a Insertion start replacement or Insertion end model Insertion start for screenings for Insertion end projects Insertion start of that Insertion end class; and

• (b) take into consideration any comments filed Insertion start under subparagraph (a)‍(iii) Insertion end .

Publication of declaration

(4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, Insertion start together with Insertion end the report to which it relates Insertion start or a description of how a copy of the report may be obtained Insertion end , shall be Insertion start included in Insertion end the Insertion start Registry Insertion end .

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 Insertion start responsible authority is satisfied that a Insertion end project or part of a project Insertion start falls Insertion end within a class in respect of which a class screening report has been Insertion start made to which paragraph (2)‍(b) applies Insertion end , the responsible authority may use or permit the use of that report and Insertion start any Insertion end 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 Insertion start to which paragraph (2)‍(b) applies Insertion end , 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

Insertion start (8) Insertion end  Where the Agency determines that a class screening report Insertion start is Insertion end no longer Insertion start appropriate to Insertion end be used as a Insertion start replacement or Insertion end 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

Insertion start (9) Insertion end  Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and Insertion start included in Insertion end the Insertion start Registry Insertion end .

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 Insertion start under it Insertion end shall be exercised or performed that would permit that project to be carried out in whole or in part.

Report and recommendation

21 Where a project is described in the comprehensive study list, the responsible authority shall, Insertion start as soon as it is of the opinion that it has sufficient information to do so and has provided an opportunity for public participation, Insertion end

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  (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.

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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.

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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).

Decision of Minister

23  Insertion start (1) Insertion end  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 Insertion start and issue an environmental assessment decision statement that Insertion end

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  (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.

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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.

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 Insertion start order the conclusion of Insertion end the mediation.

Rapport du médiateur

32 (1) Dès Insertion start la fin Insertion end de la médiation, le médiateur présente un rapport au ministre et à l’autorité responsable.

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 Insertion start or specific harm to the environment Insertion end by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1).

Non-disclosure

(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.

Decision of responsible authority

37 (1) Subject to Insertion start subsections Insertion end (1.‍1) Insertion start to (1.‍3) Insertion end , 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 Insertion start subsection Insertion end 23 Insertion start (1) Insertion end , the comprehensive study report:

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.

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 Insertion start under it Insertion end shall be exercised or performed that would permit that project to be carried out in whole or in part.

Consideration of follow-up — decision under paragraph 20(1)‍(a)

38 (1) Where a responsible authority takes a course of action Insertion start under Insertion end paragraph 20(1)‍(a), it shall Insertion start consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall Insertion end design Insertion start a Insertion end follow-up program Insertion start in accordance with any regulations Insertion end made under paragraph 59(h.‍1) and Insertion start ensure its Insertion end 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.

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 Insertion start a Insertion end jurisdiction Insertion start 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 Insertion end , 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) Insertion start that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it Insertion end , offer to consult and cooperate with that other jurisdiction respecting the assessment of the environmental effects of the project.

• (d) the review panel is to have the powers Insertion start and immunities Insertion end provided for in section 35;

Transboundary 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.

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.

Environmental 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

Environmental 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

• Start of inserted block

  (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 representing the aboriginal people or that party’s successor; 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.

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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) Insertion start or 10.‍1(2)‍(b) Insertion end 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) Subsection (1) or (2) does not apply in respect of an agreement or arrangement referred to in that subsection where the federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)‍(b) Insertion start or 10.‍1(2)‍(b) Insertion end in relation to the projects in respect of which the agreement or arrangement applies after the essential details of the projects are specified.

Canadian Environmental Assessment Registry

Establishment and maintenance

55 (1) For the purposes of providing notice in a timely manner of environmental assessments and of facilitating public access to records relating to them, the Agency shall establish and maintain an electronic registry to be called the Canadian Environmental Assessment Registry.

Contents

(2) Subject to subsection (3), the Registry shall contain

• (a) notice of the commencement of an environmental assessment, except where a class screening report is used under subsection 19(5) or (6);

• (b) an agreement contemplated by subsection 12.‍4(3);

• (c) a statement of the projects in respect of which a class screening report is used under subsection 19(5) or (6);

• (d) 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);

• (e) notice of termination of an environmental assessment by a responsible authority under section 26;

• (f) notice of termination of an environmental assessment by the Minister under section 27;

• (g) any public notices that are issued by responsible authorities or the Agency to request public input into an environmental assessment;

• (h) notice of a decision of the Minister to refer a project under paragraph 21.‍1(1)‍(a);

• (i) 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);

• (j) an environmental assessment decision statement under subsection 23(1) or a request made under subsection 23(2);

• (k) notice of the referral of a project to a mediator or review panel;

• (l) if the Minister has ordered the conclusion of a mediation under subsection 29(4), notice of the order;

• (m) a report of a mediator or review panel or a summary of the report;

• (n) a response under paragraph 37(1.‍1)‍(a) by a responsible authority — or under subsection 37(1.‍2) by a federal authority — to the report of a mediator or review panel;

• (o) a responsible authority’s environmental assessment decision made under section 20 or 37, except where a class screening report is used under subsection 19(5) or (6);

• (p) 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;

• (q) 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 where they may be obtained shall be provided; and

• (r) any other record or information prescribed under paragraph 59(h).

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Form and manner of Registry

(3) The Agency may determine

• (a) what the form of the Registry is to be and how it is to be kept;

• (b) how records and information are to be included in it;

• (c) what information must be contained in any record referred to in subsection (2);

• (d) when information must be contained in the Registry and when it may be removed from it; and

• (e) how access to the Registry is to be provided.

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Duty to contribute records — Agency

55.‍1 (1) The Agency shall ensure that the records referred to in paragraphs 55(2)‍(b), (d), (h) and (j) are included in the Registry.

In the case of mediation or review panel

(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(2)‍(f), (g), (k), (l), (m), (n), (p) and (q), and any record or information referred to in paragraph 55(2)‍(r), are included in the Registry.

Duty to contribute records — responsible authorities

55.‍2 (1) A responsible authority shall, in the case of a screening or a comprehensive study, ensure that the records referred to in paragraphs 55(2)‍(a), (e), (g), (i), (o), (p) and (q), and any record or information referred to in paragraph 55(2)‍(r), are included in the Registry.

Statement — paragraph 55(2)‍(c)

(2) A responsible authority shall ensure that the statement referred to in paragraph 55(2)‍(c) is included in the Registry every three months or with any other frequency to which it agrees with the Agency.

Third party information

55.‍3 (1) For the purposes of sections 55.‍1 and 55.‍2, the Agency or a responsible authority, as the case may be, shall ensure that no information, the disclosure of which would be prohibited under section 20 of the Access to Information Act, is included in the Registry.

Applicability of sections 27, 28 and 44 of Access to Information Act to third party information

Insertion start (2) Insertion end  Sections 27, 28 and 44 of the Access to Information Act apply to any Insertion start information described in subsection 27(1) of that Act that the Agency Insertion end or a responsible authority intends Insertion start be included in the Registry Insertion end with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require, Insertion start including the following Insertion end :

• (a)  Insertion start the information is Insertion end deemed to be Insertion start a record Insertion end that the Insertion start head of a government institution Insertion end intends to disclose; and

• (b) any reference to the person who requested access shall be disregarded.

Protection from civil proceeding or prosecution

Insertion start 55.‍4 Insertion end  Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority, Insertion start the Agency Insertion end or the Minister, or against any person acting on behalf of Insertion start them Insertion end or under Insertion start their Insertion end direction, and no proceedings lie against the Crown, Insertion start the Agency Insertion end or any responsible authority, for the disclosure in good faith of any record or any part of a record pursuant to this Act Insertion start or Insertion end for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 Insertion start or 28 Insertion end of the Access to Information Act if reasonable care is taken to give the required notice.

Relevant Information

Information required in support of quality assurance program

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 the information respecting the assessments that they conduct under this Act that the Agency considers necessary in support of a quality assurance program that it establishes.

Participant funding

(1.‍1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in Insertion start comprehensive studies Insertion end , mediations and assessments by review panels Insertion start established under either subsection 33(1) or 40(2) Insertion end .

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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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• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start exempting Insertion end any Insertion start projects Insertion end or Insertion start classes Insertion end of projects Insertion start from the requirement to conduct an assessment under this Act that Insertion end

  • (i)  Insertion start in the opinion of the Governor in Council, ought not to be assessed Insertion end for reasons of national security,

  • (ii) in the case of Insertion start projects Insertion end in relation to physical Insertion start works, in the opinion of the Governor in Council, have insignificant environmental effects, or Insertion end

  • Start of inserted block

    (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;

• (c.‍1) exempting, in replacement of exemptions made under paragraph (c), in relation to any corporation referred to in section 8 and designated in the regulations individually or by class 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 assessment under either section 8 or 10.‍1 that

• (i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,

• (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

• (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;

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• (h) prescribing records or information to be Insertion start included in Insertion end the Registry by the Agency or a responsible authority, and respecting the charging of fees Insertion start for providing copies of documents contained either in a list of relevant documents contained in the Registry or in the Registry itself; Insertion end

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  (h.‍1) 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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  (i.‍1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to assessment of environmental effects conducted in accordance with section 8, in prescribed circumstances or on any prescribed terms and conditions,

• (i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and

• (ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by an assessment of the environmental effects of those projects conducted in accordance with section 8;

• (i.‍2) for the purposes of subparagraph (i.‍1)‍(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph;

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• (j)  Insertion start for the purposes of section 8, designating corporations referred to in section 8 individually or by class and Insertion end respecting the manner Insertion start in which those corporations or classes of corporations conduct Insertion end assessments of the environmental effects of, and follow-up programs for, projects, Insertion start as well as Insertion end any action to be taken in respect of projects during the assessment process — Insertion start which manners and actions may vary by corporation or class of corporation Insertion end — and, for those purposes, respecting the application of the laws from time to time in force in any province;

• Start of inserted block

  (j.‍1) for the purposes of section 8 and for projects to be carried out outside Canada and any federal lands, prescribing, in relation to any corporation designated in a regulation made under paragraph (j), any physical activity or class of physical activities in replacement of those prescribed under paragraph (b);

• (j.‍2) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a corporation referred to in section 8, the exercise or performance of which requires an assessment of the environmental effects under paragraph 8(1.‍1)‍(d);

• (j.‍3) prescribing the circumstances in which a corporation referred to in section 8 must ensure that an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands is conducted, and specifying the right or interest that it must have in the federal lands, for the purposes of paragraph 8(1.‍1)‍(e);

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• (k)  Insertion start for the purposes of section 9 Insertion end , respecting the manner of conducting assessments of the environmental effects of, and follow up programs for, projects, Insertion start as well as Insertion end any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;

• Start of inserted block

  (k.‍1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a body referred to in subsection 9(1), the exercise or performance of which requires an assessment of environmental effects under paragraph 9(2)‍(d);

• (k.‍2) prescribing the circumstances in which an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)‍(e);

• (k.‍3) for the purpose of section 9.‍1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct assessments of the environmental effects of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province;

• (k.‍4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.‍3), the exercise or performance of which requires an assessment of the environmental effects under paragraph 9.‍1(2)‍(d);

• (k.‍5) for the purposes of paragraph 9.‍1(2)‍(e), prescribing the circumstances in which an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.‍3) must have in the federal lands;

  End of inserted block

• (l)  Insertion start for the purposes of section 10, designating bands individually or by class and Insertion end respecting the manner Insertion start in which those bands or classes of bands shall Insertion end conduct Insertion start assessments Insertion end of the environmental effects of, and follow-up programs for, Insertion start projects that are Insertion end to be carried out in whole or in part on a reserve that is set apart for the use and benefit of Insertion start a designated band Insertion end and that is subject to the Indian Act, Insertion start as well as Insertion end any action to be taken in respect of Insertion start projects Insertion end during the assessment process Insertion start , which manners and actions may vary by band or class of band Insertion end ;

• Start of inserted block

  (l.‍01) for the purposes of section 10.‍1,

  • (i) varying the definition “project” in subsection 2(1),

  • (ii) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.‍1(2) and respecting any action to be taken in respect of those projects during the assessment process,

  • (iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no assessment of environmental effects need be carried out by that agency,

  • (iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or

  • (v) providing for the application of section 55.‍4 to the Canadian International Development Agency as if it were a responsible authority;

• (l.‍02) varying or excluding any of the provisions of sections 55 to 55.‍3 in their application to the Canadian International Development Agency;

  End of inserted block

• Start of inserted block

  (d.‍1) to promote and monitor compliance with this Act and the quality of assessments conducted under this Act; and

  End of inserted block

• Start of inserted block

  (d) establish and lead a quality assurance program for assessments conducted under this Act.

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• Start of inserted block

  (f) assist parties in building consensus and resolving disputes; and

• (g) request federal authorities, and persons and bodies referred to in sections 8 to 10, to provide information respecting assessments that they conduct under this Act.

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