Bill C-9

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002-2003
	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 requirement 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'' in subsection 2(1) of the Act after paragraph (a) is replaced by the following:
	(b) an agency of the Government of Canada, a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or pursuant to an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs,
	(c) any department or departmental corporation set out in Schedule I or II to the Financial Administration Act, and
	(d) any other body that is prescribed pursuant to regulations made under paragraph 59(e),
	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, Export Development Canada, the Canada Pension Plan Investment Board, a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration 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 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;
Coming into force	(2.1) Subsection (2) comes into force on the day that is three years after the day on which this Act receives royal assent.
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;
	(5) Subsection 2(2) of the Act is replaced by the following:
Extended meaning of ``administrati on of federal lands''	(2) In so far as this Act applies to Crown corporations, the expression ``administration of federal lands'' includes the ownership or management of those lands.
	(6) Section 2 of the Act is amended by adding the following after subsection (2):
For greater certainty	(3) For greater certainty, any construction, operation, modification, decommissioning, abandonment or other undertaking in relation to a physical work and any activity that is prescribed or is within a class of activities that is prescribed for the purposes of the definition ``project'' in subsection (1) is a project for at least so long as, in relation to it, a person or body referred to in subsection 5(1) or (2), 8(1), 9(2), 9.1(2), 10(1) or 10.1(2) is considering, but has not yet taken, an action referred to in those subsections.
	2. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:
Purposes	4. (1) The purposes of this Act are
	(a) to ensure that projects are considered in a careful and precautionary manner before federal authorities take action in connection with them, in order to ensure that such projects do not cause significant adverse environmental effects;
	(2) Subsection 4(1) 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;
	(3) Paragraph 4(1)(d) of the Act is replaced by the following:
	(d) to ensure that there be opportunities for timely and meaningful public participation throughout the environmental assessment process.
	(4) Section 4 of the Act is amended by adding the following after subsection (1):
Duties of the Government of Canada	(2) In the administration of this Act, the Government of Canada, the Minister, the Agency and all bodies subject to the provisions of this Act, including federal authorities and responsible authorities shall exercise their powers in a manner that protects the environment and human health and applies the precautionary principle.
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 5(1)(b) , 9(2)(b), 9.1(2)(b) or 10(1)(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. [Deleted]
	5. Section 8 of the Act is replaced by the following:
Assessments by certain Crown corporations	8. (1) A Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is not a federal authority shall, if regulations have been made in relation to it under paragraph 59(j) and have come into force, ensure that, before it exercises a power or performs a duty or function referred to in any of paragraphs 5(1)(a) to (d) in relation to a project, an environmental assessment of the 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.
Where a minister has no duty	(2) Notwithstanding section 5, a Minister of the Crown in right of Canada is not required to ensure that an environmental assessment of a project is conducted by reason only of that minister's authorization or approval under any other Act of Parliament or any regulations made under such an Act of the exercise of a power or performance of a duty or function referred to in paragraph 5(1)(a), (b) or (c) in relation to the project by a Crown corporation within the meaning of the Financial Administration Act.
Precedence of federal authority	(3) If a Crown corporation is the proponent of a project and proposes to do any act or thing that commits it to carrying out the project in whole or in part and a federal authority other than the Crown corporation is required under paragraph 5(1)(d) to ensure the conduct of an environmental assessment of that project, the Crown corporation is not required to ensure that an environmental assessment of the project is conducted but, for greater certainty, it may accept a delegation from the federal authority under section 17.
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 environmental assessment 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 environmental assessment 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 environmental assessment 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 environmental assessment 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. (1) 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 environmental assessment of the project is conducted in accordance with those regulations before the band council exercises one of the following powers or performs one of the following duties or functions in respect of the project, namely, where the band council
	(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;
	(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent of the project for the purpose of enabling the project to be carried out in whole or in part, including financial assistance in the form of any reduction, avoidance, deferral, removal, refund, remission or other form of relief from the payment of any tax; or
	(c) takes any action under a provision prescribed under paragraph 59(l.001) for the purpose of enabling the project to be carried out in whole or in part.
Timing of assessment	(2) Where an environmental assessment of a project is required under subsection (1), the band council shall ensure that the assessment is conducted 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 environmental assessment 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 or 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.
	(5) [Deleted]
Injunction	11.2 (1) If, on the application of the Attorney General of Canada, or any interested person, 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:

Bill C-9

BILL C-9

CANADIAN ENVIRONMENTAL ASSESSMENT ACT