|
|
(3.1) Subparagraph 59(i)(ii) of the Act is
replaced by the following:
|
|
|
|
(ii) projects to be carried out outside
Canada and either outside of federal
lands or on federal lands described in
paragraph (a) of the definition ``federal
lands'' in subsection 2(1),
|
|
| 1993, c. 34,
s. 40(2)(F);
1998, c. 10,
s. 166
|
(4) Paragraphs 59(j) to (l) of the Act are
replaced by the following:
|
|
|
|
(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 an
environmental assessment whose conduct a
Crown corporation to which this Act
applies must ensure, 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 the environmental
assessment of those projects whose
conduct the Crown corporation ensures;
|
|
|
|
(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 in the
case of projects that are to be carried out
outside Canada and outside any federal
lands;
|
|
|
|
(j) for the purposes of section 8, designating
Crown corporations that are not federal
authorities individually or by class and
respecting the manner in which those
corporations or classes of corporations
conduct environmental assessments 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
corporation or class of corporation;
|
|
|
|
(j.1) for the purposes of section 8,
respecting the application to a Crown
corporation that is designated, or is a
member of a class that is designated, under
a regulation made under paragraph (j) of the
laws from time to time in force in any
province;
|
|
|
|
(j.2) varying or excluding any procedure or
requirement of this Act or the regulations as
it applies to Crown corporations that are
federal authorities, individually or by class;
|
|
|
|
(j.3) for projects to be carried out outside
Canada and any federal lands, prescribing,
in relation to Crown corporations to which
this Act applies, any physical activity or
class of physical activities in replacement
of those prescribed under paragraph (b);
|
|
|
|
(k) for the purposes of section 9, respecting
the manner of conducting environmental
assessments of, and follow-up programs
for, projects, as well as 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;
|
|
|
|
(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 person or
body referred to in subsection 9(1), the
exercise or performance of which requires
an environmental assessment under
paragraph 9(2)(d);
|
|
|
|
(k.2) prescribing the circumstances in
which an environmental assessment 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 environmental assessments
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
environmental assessment under paragraph
9.1(2)(d);
|
|
|
|
(k.5) for the purposes of paragraph
9.1(2)(e), prescribing the circumstances in
which an environmental assessment 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;
|
|
|
|
(l) for the purposes of section 10,
designating bands individually or by
category and respecting the manner of
conducting environmental assessments of,
and follow-up programs for, projects that
are to be carried out in whole or in part on
a reserve that is set apart for the use and
benefit of a designated band and that is
subject to the Indian Act, as well as any
action to be taken in respect of projects
during the assessment process, which
manners and actions may vary by band or
category of band;
|
|
|
|
(l.001) prescribing, for the purposes of
paragraph 10(1)(c), provisions of any Act of
Parliament or any instrument made under
an Act of Parliament that confer powers,
duties or functions on a band council;
|
|
|
|
(l.01) for the purposes of section 10.1,
|
|
|
|
(i) varying the definition ``project'' in
subsection 2(1),
|
|
|
|
(ii) respecting the manner of conducting
environmental assessments 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 environmental
assessment 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 55.6 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 55.5 in their
application to the Canadian International
Development Agency;
|
|
|
|
(l.03) prescribing, for the purposes of
subsection 18(3), circumstances in which a
responsible authority shall give the public
an opportunity to participate in the
screening;
|
|
|
|
30. Section 62 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (d) and by replacing paragraph
(e) with the following:
|
|
|
|
(e) to promote, monitor and facilitate
compliance with this Act and the
regulations;
|
|
|
|
(f) to promote and monitor the quality of
assessments conducted under this Act;
|
|
|
|
(g) to ensure an opportunity for timely
public participation in the environmental
assessment process; and
|
|
|
|
(h) to engage in consultation with
aboriginal peoples on policy issues related
to this Act.
|
|
|
|
31. (1) Subsection 63(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (b), by adding the
word ``and'' at the end of paragraph (c) and
by adding the following after paragraph
(c):
|
|
|
|
(d) establish and lead a quality assurance
program for assessments conducted under
this Act.
|
|
|
|
(1.1) Subsection 63(2) of the Act is
amended by adding the following after
paragraph (b):
|
|
|
|
(b.1) coordinate the development of a
response to a report required under
paragraph 37(1.1)(a);
|
|
|
|
(2) Subsection 63(2) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (d) and by adding the following
after paragraph (e):
|
|
|
|
(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.
|
|
|
|
|
|
| Review
|
32. (1) Within seven years after this Act
receives royal assent, a comprehensive
review of the provisions and operation of
the Canadian Environmental Assessment
Act shall be undertaken by such committee
of the Senate, of the House of Commons or
of both Houses of Parliament as may be
designated or established by the Senate or
the House of Commons, or by both Houses
of Parliament, as the case may be, for that
purpose.
|
|
| Report
|
(2) The committee referred to in
subsection (1) shall, within a year after a
review is undertaken pursuant to that
subsection or within such further time as
may be authorized by the Senate, the House
of Commons or both Houses of Parliament,
as the case may be, submit a report on the
review to Parliament, including a statement
of any changes that the committee
recommends.
|
|
|
|
|
|
| Non-applicati
on of
amended
provisions to
assessments
already
commenced
|
33. Any environmental assessment or
assessment of the environmental effects of a
project commenced under the Canadian
Environmental Assessment Act before this
section comes into force shall be continued
and completed as if this Act had not been
enacted.
|
|
|
|
|
|
| Coming into
force
|
34. The provisions of this Act, other than
section 32, come into force on a day or days
to be fixed by order of the Governor in
Council.
|
|