Bill C-9

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-9
	An Act to amend the Canadian Environmental Assessment Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 37	CANADIAN ENVIRONMENTAL ASSESSMENT ACT
	1. (1) The definitions ``comprehensive study'' and ``exclusion list'' in subsection 2(1) of the Canadian Environmental Assessment Act are replaced by the following:
``comprehensi ve study'' « étude approfondie »	``comprehensive study'' means an environmental assessment that is conducted pursuant to sections 21 and 21.1 , and that includes a consideration of the factors required to be considered pursuant to subsections 16(1) and (2);
``exclusion list'' « liste d'exclusion »	``exclusion list'' means a list of projects or classes of projects that have been exempted from the obligation to conduct an assessment by regulations made under paragraph 59(c) or (c.1) ;
1998, c. 15, subpar. 50(b)( i)	(2) The portion of the definition ``federal authority'' after paragraph (d) in subsection 2(1) of the Act is replaced by the following:
	but does not include the Commissioner in Council or an agency or body of the Yukon Territory, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners' Act, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration 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;
1998, c. 15, subpar. 50(b)( ii)	(3) Paragraph (a) of the definition ``federal lands'' in subsection 2(1) of the Act is replaced by the following:
	(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,
	(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``Registry'' « registre »	``Registry'' means the Canadian Environmental Assessment Registry established under section 55;
	2. Section 4 of the Act is amended by adding the following after paragraph (b.1):
	(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;
1994, c. 26, s. 23(F)	3. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:
Exclusions	7. (1) An assessment of a project is not required under section 5 or sections 8 to 10.1 , where
	(2) Subsection 7(2) of the Act is replaced by the following:
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) or 10.1(2)(b) - 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) - 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.
	4. The Act is amended by adding the following before section 8:
	Assessments of Environmental Effects
	5. Subsection 8(1) of the Act is replaced by the following:
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 the Crown corporation, shall, if regulations have been made in relation to it under paragraph 59(j) and have come into force , 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	(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.
1998, c. 10, s. 165	6. Sections 9 and 10 of the Act are replaced by the following:
Assessments by harbour commissions and port authorities	9. (1) 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, if regulations have been made under paragraph 59(k) and have come into force , 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) 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.
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.
Assessments by band councils under regulations	10. If a project is to be carried out in whole or in part on a reserve that has been 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, if regulations that apply to the band have been made under paragraph 59(l) and have come into force, ensure that an assessment of the environmental effects of the project 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.
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.
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.
	7. The Act is amended by adding the following after section 11:
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.
	8. The Act is amended by adding the following after section 12:
	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.
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.
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.
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).
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.

Bill C-9

BILL C-9

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Assessments of Environmental Effects

Federal Environmental Assessment Coordinator