Bill C-25

Review

Board

99. (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94(1)(a)(iv) and the Board must

(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and

(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.

(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.

(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

100. The Board must review the project if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

(a) the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1); and

(b) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board is to conduct the review of the project.

101. (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project.

(2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided under subsection 144(1) is sufficient to allow it to conduct a review of the project.

(3) The guidelines must specify which of the following types of information the proponent is required to include in the impact statement:

(a) a description of the project, the purpose of, and need for, the project;

(b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;

(c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b);

(d) the measures proposed by the proponent to

(i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

(ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

(iii) compensate persons whose interests are adversely affected by the project, and

(iv) restore ecosystemic integrity after the permanent closure of the project;

(e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish;

(f) the interests in land and waters that the proponent has acquired or seeks to acquire;

(g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and

(h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances.

(4) The Board must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut, and must solicit written and oral comments on them from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public.

(5) After allowing a reasonable period for submission of comments, the Board must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.

(6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board.

102. (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26.

(2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information.

(3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to

(a) give evidence, orally or in writing; and

(b) produce any documents or other things that the Board considers necessary to conduct its review of the project.

(4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court.

(5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain

(a) confidential, personal, business proprietary or privileged information; or

(b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.

(6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.

(7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

103. (1) In conducting a review of a project, the Board must take into account the following factors:

(a) the purpose of the project and the need for the project;

(b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area, taking into account the interests of other Canadians;

(c) whether the project reflects the priorities and values of the residents of the designated area;

(d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorolog- ical and seismological activity, and climate change;

(e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);

(f) the cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out;

(g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;

(h) the measures, including those proposed by the proponent, that should be taken, to

(i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

(ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

(iii) compensate persons whose interests are adversely affected by the project, and

(iv) restore ecosystemic integrity after the permanent closure of the project;

(i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);

(j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;

(k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;

(l) the interests in land and waters that the proponent has acquired or seeks to acquire;

(m) the options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;

(n) the posting of performance bonds;

(o) the particular issues or concerns identified under subsection 96(1); and

(p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered.

(2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j).

(3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it.

104. (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and setting out

(a) its assessment of the project and its ecosystemic and socio-economic impacts;

(b) its determination, based on that assessment, as to whether the project should or should not proceed; and

(c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

(2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.

(3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.

105. (1) If the Board determines that a project should proceed, the responsible Minister must, within 120 days after receiving the Board’s report, either

(a) agree with that determination and either

(i) accept the terms or conditions recommended in the report, or

(ii) reject those terms and conditions on one or more of the following grounds:

(A) one or more of the terms or conditions is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

(B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or

(b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.

106. (1) If the Board makes a determination that a project should not proceed, the responsible Minister must, within 120 days after receiving the Board’s report, either

(a) agree with that determination; or

(b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.

107. (1) Within 30 days after a decision is made under subparagraph 105(1)(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it makes public, containing terms and conditions that it recommends should apply in respect of the project.

(2) Within 30 days after a decision is made under paragraph 106(1)(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Minister, which it makes public, containing terms and conditions that it recommends should apply in respect of the project.

(3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended in that report either

(a) accept it; or

(b) reject it, or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions

(i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

(ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

108. Despite paragraphs 105(1)(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

109. If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 105 or 106, subsection 107(3) or (4) or section 108.

110. The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.

111. (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

(2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.

(3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law.

(4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

(5) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.

112. (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if

(a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

(b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or

(c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions.

(2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies.

(3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2).

(4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances.

(5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains

(a) an assessment of the terms and conditions in force,

(b) any terms and conditions that it recommends should apply in respect of the project.

(6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), in respect of each term or condition recommended in that report either

(a) accept it; or

(b) reject it, or vary it in any manner that that Minister considers appropriate, under section 108 or, if alone or combined with other terms or conditions,

(i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

(ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

(7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

(8) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (6) by up to 90 days and must notify the proponent of the extension in writing.

(9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project.

(10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice.

113. The ecosystemic and socio-economic impacts of the project, both inside and outside of the designated area, must be taken into account for the purposes of sections 101 to 112.

114. The responsible Minister may indicate to the Board that a review or a reconsideration of terms and conditions is a priority in relation to other reviews or reconsiderations and may propose a reasonable period within which it must be completed.

Federal Environmental Assessment Panel

115. (1) After receiving a project proposal under subparagraph 94(1)(a)(i), the Minister of the Environment must establish a federal environmental assessment panel consisting of members, including a Chairperson, appointed by that Minister.

(2) The following rules apply in respect of the appointment of members of the panel, other than the Chairperson:

(a) at least one quarter of the members must be appointed on the nomination of the territorial Minister; and

(b) at least one quarter of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1).

(3) The Minister of the Environment must appoint as members of the panel persons who are unbiased and free from any conflict of interest relative to the project and who have special knowledge or experience relevant to the anticipated technical, environmental or social impacts of the project.

(4) A panel member is not placed in a conflict of interest solely because the member is an Inuk as defined in section 1.1.1 of the Agreement.

(5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board.

116. (1) A federal environmental assessment panel must exercise its powers and perform its duties and functions in accordance with the following primary objectives:

(a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and

(b) to protect the ecosystemic integrity of the designated area.

(2) The panel must take into account the well-being of residents of Canada outside the designated area when exercising its powers or performing its duties and functions in accord- ance with the objective set out in paragraph (1)(a).

(3) For greater certainty, the panel must exercise its powers and perform its duties and functions under paragraph 123(1)(c) in accord- ance with the objectives set out in subsection (1).

117. The Minister of the Environment must, in consultation with the responsible Minister, fix the terms of reference for the panel and send the project proposal to the panel. The Minister of the Environment must include in the terms of reference any issues or concerns identified under section 97 and may identify other issues or concerns that must also be considered by the panel in its review of the project.

118. (1) The Minister of the Environment must, in consultation with the responsible Minister, determine the scope of the project and, in making that determination, must

(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that the Minister of the Environment considers sufficiently related to the project to form part of it; and

(b) exclude from the scope of the project any work or activity identified in the project proposal that the Minister of the Environment considers insufficiently related to the project to form part of it.

(2) The Minister of the Environment may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.

(3) If the Minister of the Environment makes an inclusion under paragraph (1)(a), the panel must not proceed with the review and the Commission as well as the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

119. The panel must review the project if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the panel receives a decision, by reason of subsection 118(3), that the entire project is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it.

120. (1) A federal environmental assessment panel must issue guidelines in respect of the preparation of a statement by the proponent on the ecosystemic and socio-economic impacts of the project.

(2) Despite subsection (1), a panel need not issue guidelines if it is of the opinion that the information contained in the description of the project or information submitted under subsection 144(1) is sufficient to allow it to conduct a review of the project.

(3) The guidelines must specify the types of information referred to in subsection 101(3) that the proponent must include in the impact statement.

(4) The panel must send a draft of the guidelines to the Board, and the Board must provide its comments on them to the panel.

(5) The panel must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut and must solicit written and oral comments on them from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public.

(6) After receiving the Board’s comments and after allowing a reasonable period for the submission of comments under subsection (5), the panel must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.

(7) The proponent must submit an impact statement prepared in accordance with the guidelines to the panel.

(8) As soon as practicable after receiving the impact statement, the panel must send it to the Board so that the Board has sufficient time to analyse the statement and provide its concerns or recommendations to the panel no later than five days before the public hearing.

(9) The panel must take into account the Board’s concerns and recommendations with respect to the impact statement.

121. (1) A federal environmental assessment panel must hold a public hearing in respect of a project.

(2) The panel must take all necessary steps to promote public awareness of and participation in the public hearing, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information.

(3) A panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of public hearings and in particular must

(a) allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and

(b) give due regard and weight to the Inuit traditions regarding oral communication and decision-making.

(4) A designated Inuit organization has full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.

(5) The panel must conduct any public hearing in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the responsible Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.

(6) Nothing in subsection (5) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.

(7) The panel has the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut, and that in being so heard the witness will not be placed at a disadvantage by not being heard in another of those languages.

(8) A panel has, in respect of public hearings, the power to summon any person to appear as a witness before the panel and to order the witness to

(a) give evidence, orally or in writing; and

(b) produce any documents or other things that the panel considers necessary to conduct its review of the project.

(9) A panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as a superior court.

(10) A panel may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or other witness, that the evidence, documents or things to be disclosed in the hearing contain

(a) confidential, personal, business proprietary or privileged information; or

(b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.

(11) Evidence, documents or things referred to in subsection (10) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.

(12) A summons issued or an order made by a panel under subsection (8) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

122. (1) In conducting a review of a project, a federal environmental assessment panel must take into account the following factors:

(a) the purpose of the project, and the need for the project;

(b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area while taking into account the interests of other Canadians;

(c) whether the project reflects the priorities and values of the residents of the designated area;

(d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorolog- ical and seismological activity, and climate change;

(e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);

(f) the cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out;

(g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;

(h) the measures, including those proposed by the proponent, that should be taken, to

(i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

(ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

(iii) compensate persons whose interests are adversely affected by the project, and

(iv) restore ecosystemic integrity after the permanent closure of the project;

(i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);

(j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;

(k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;

(l) the interests in land and waters that the proponent has acquired or seeks to acquire;

(m) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;

(n) the posting of performance bonds;

(o) the particular issues or concerns identified under sections 97 and 117;

(p) the concerns and recommendations referred to in subsection 120(8); and

(q) any other matter within its jurisdiction that, in its opinion, should be considered.

(2) In determining the significance of impacts for the purposes of paragraph (1)(i), the panel must take into account the factors set out in paragraphs 90(a) to (j).

(3) In its review of a project, the panel must take into account any traditional knowledge or community knowledge provided to it.

123. (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment and setting out

(a) its assessment of the project and its ecosystemic and socio-economic impacts;

(b) its determination, based on that assessment, as to whether the project should or should not proceed; and

(c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

(2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public.

(3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing.

124. Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including

(a) any deficiencies that it has identified in the panel’s report;

(b) any additional information that it recommends should be obtained;

(c) its determination as to whether the project should or should not proceed; and

(d) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project, including mitigative measures.

125. (1) If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 180 days after receiving the panel’s report, either

(a) agree with that determination and either

(i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or

(ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or

(b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 180 days and must notify the proponent and the Board of the extension in writing.

126. (1) If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 180 days after receiving the panel’s report, either

(a) agree with that determination; or

(b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 180 days and must notify the proponent and the Board of the extension in writing.

127. (1) Within 30 days after a decision is made under subparagraph 125(1)(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions that the panel had recommended, make any changes it considers appropriate and submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

(2) Within 30 days after a decision is made under paragraph 126(1)(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

(3) The responsible Minister must, within 120 days after receiving a report made under subsection (1) or (2), in respect of each recommended term or condition in that report either

(a) accept it; or

(b) reject it, or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions

(i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

(ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

128. Despite paragraphs 125(1)(a) and 127(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

129. If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 125 or 126, subsection 127(3) or (4) or section 128.

130. Any decision of the responsible Minister made under section 125 or 126, subsection 127(3) or (4) or section 128 in relation to a project referred to in subparagraph 94(1)(a)(i) requires the approval of the Governor in Council.

131. The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with sections 125 to 130, that are to apply in respect of a project.

132. (1) Within 30 days after receiving the notice under section 131, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

(2) Subsections 111(2) to (4) apply in respect of the project certificate issued under subsection (1).

(3) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.

(4) Sections 112 and 114 apply in respect of the review of the terms and conditions and the issuance of an amended project certificate, and in paragraph 112(6)(b) the reference to section 108 is a reference to section 128.

133. The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 120 to 132.

Project Terms and Conditions

Compatibility

134. In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of projects, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by or under any federal or territorial environmental or socio-economic law of general application.

Monitoring Programs

135. (1) The responsible Minister may, in establishing terms and conditions that are to apply in respect of a project, require the establishment of a monitoring program of the project’s ecosystemic and socio-economic impacts.

(2) The Government of Canada, the Government of Nunavut, the Board and the proponent must each carry out any responsibilities assigned to them under the monitoring program.

(3) The purpose of a monitoring program is to

(a) measure the impact of the project on the ecosystemic and socio-economic environments of the designated area;

(b) determine whether the project is carried out in accordance with the terms and conditions imposed under subsection 152(6) or set out in the original or amended project certificate;

(c) provide the information necessary for regulatory authorities to enforce the terms and conditions of licences, permits or other authorizations that they issue in relation to the project; and

(d) assess the accuracy of the predictions contained in the project impact statement.

(4) A monitoring program must specify the elements to be monitored and may include the requirement that

(a) regulatory authorities and the proponent provide the Board with information respecting the activities relating to a project, its impacts and the implementation of any mitigative measures;

(b) the Board carry out periodic evaluations of the program; and

(c) the Board produce a report of the adequacy of the program, based on the information obtained under paragraph (b), and on the ecosystemic and socio-economic impacts of the project.

(5) For greater certainty, federal and territori- al ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law.

(6) There must be no duplication of responsibilities between those assigned to the Board under a monitoring program and those referred to in subsection (5).

Implementation

136. (1) Each federal or territorial minister, each department or agency and each municipality must, to the extent of their jurisdiction and authority to do so, implement the terms and conditions that are set out in an original or amended project certificate.

(2) Nothing in subsection (1) requires the amendment of any Act of Parliament or territorial law or any regulation as defined in section 1.1.1 of the Agreement.

137. (1) Each regulatory authority must, to the extent of its jurisdiction and authority to do so, incorporate the terms and conditions referred to in subsection 136(1) into any licence, permit or other authorization that it issues.

(2) For greater certainty, subsection (1) does not prevent a regulatory authority from imposing, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, the terms and conditions referred to in subsection 136(1).

(3) A regulatory authority must consult the Board with a view to determining the most effective means of implementing the terms and conditions referred to in subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Board in order to obtain its comments and recommendations.

(4) A regulatory authority must send a copy of each licence, permit or other authorization referred to in subsection (1) to the Board and the Commission, unless the Board or the Commission, as the case may be, exempts that authority from the requirement to provide it with copies.

(5) The validity of a licence, permit or other authorization may not be challenged before a court on the grounds that a regulatory authority fettered its discretion or acted without jurisdiction by incorporating the terms and conditions referred to in subsection (1) into it.

138. Terms and conditions referred to in subsection 136(1) prevail over any conflicting terms and conditions set out in any decision of a regulatory authority.

139. (1) If there is an inconsistency between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, that agency must communicate the reasons for the inconsistency to the responsible Minister, the Board and the Governor in Council.

(2) Despite section 138, if there is a conflict between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, the terms and conditions set out in the decision of the independent regulatory agency prevail if

(a) the government does not have the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest; or

(b) the government has the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest and implementing the terms and conditions referred to in subsection 136(1) would undermine the viability of the project.

(3) Within 45 days after the day on which a decision is made by the Governor in Council under paragraph (2)(a) or (b), the Board must issue an amended project certificate and the terms and conditions set out in the certificate must be consistent with those set out in the decision of the independent regulatory agency.

(4) For greater certainty, subsections (2) and (3) do not apply if the terms and conditions are varied under section 112 and, as a result, the conflict referred to in subsection (2) is resolved.

(5) For the purposes of this section, “decision of an independent regulatory agency” means a decision made by any body established under a federal or territorial law under a power conferred on it to regulate or to issue licences, permits or other authorizations if that body is not subject to specific direction or control by the Government of Canada or Government of Nunavut.

(6) A decision

(a) does not cease to be a decision of an independent regulatory agency solely because

(i) it is subject to general direction by the Government of Canada or the Government of Nunavut through the issuance of guidelines, regulations or directives, or

(ii) it is subject to the approval of, or may be varied or rescinded by, the Government of Canada or the Government of Nunavut; and

(b) ceases to be a decision of an independent regulatory agency if the Government in question varies it before reasons are communicated under subsection (1).

140. Any Inuit Impact and Benefit Agreement entered into by a proponent and the designated Inuit organization under Article 26 of the Agreement must be consistent with the terms and conditions set out in an original or amended project certificate.

General Provisions

Modifications to Project During Assessment

141. (1) A proponent must, as soon as practicable, notify the Commission in writing of any significant modification to a project that is under assessment under this Part. The notice must include a description of the modification that is prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).

(2) On receipt of a notice under subsection (1), the assessment of the original project is terminated and an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under section 76.

(3) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

142. (1) If, in the exercise of its powers or the performance of its duties and functions under this Part, the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, it must, as soon as practicable, notify the proponent in writing of the requirement set out under subsection 141(1).

(2) If the proponent does not provide a notice under subsection 141(1) within 30 days after the day on which the notice was given under subsection (1), the assessment of the project is terminated.

(3) For greater certainty, the proponent may submit a project proposal in relation to the modified project in accordance with section 76.

(4) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

Suspension of Assessment

143. (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.

(2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension.

(3) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated.

(4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.

(5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

(6) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part.

144. (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be.

(2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so.

(3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated.

(4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.

(5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Modifications to Project After Assessment

145. If the carrying out of a work or activity is a project within the meaning of subsection 2(1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74(a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project.

146. (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part.

(2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project.

Projects not carried out

147. (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part.

(2) It is prohibited to carry out the project referred to in subsection (1) but the proponent may submit a new project proposal in relation to it in accordance with section 76.

(3) The person or body exercising powers or performing duties or functions under this Part in respect of the project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

(4) If a project proposal sets out that the carrying out of the project will not be commenced until a specific date, or on the happening of any specified contingency or event or the fulfilment of any condition, the time that precedes that date, contingency, event or fulfilment of the condition does not count as part of the period referred to in subsection (1).

Consultations

148. The responsible Minister must consult with the relevant regulatory authorities before making any decision under this Part, other than a decision by that Minister to extend a time period set out under this Part.

Multiple Responsible Ministers

149. (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part.

(2) If there is more than one responsible Minister in respect of a project, and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to “responsible Minister” in subparagraph 94(1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph.

(3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers.

(4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the federal Minister must perform the duties of the responsible Minister under subsection 200(4) in relation to those decisions.

Reasons for Decisions

150. Written reasons must be provided with respect to:

(a) a decision under section 77 that a project is not in conformity with an applicable land use plan;

(b) a decision made under any of paragraphs 81(2)(a) and 82(2)(a), sections 93 to 95, 105 and 106, subsections 107(3) and (4), 112(6) and (7), sections 125 and 126, subsections 127(3) and (4), 142(1), 144(2) and 152(6) and paragraph 154(1)(b);

(c) a decision under any of subsections 86(1), 99(1) and 118(1) that has the effect of expanding or restricting the scope of the project;

(d) a determination in an original or amended report that is prepared by the Board, a federal environmental assessment panel or a joint panel under this Part, other than under subsection 152(4).

Special Cases

National Security

151. The Minister of National Defence may, on an exceptional basis, make a decision to exempt from the application of this Part the carrying out of any work relating to an installation or facility, or the undertaking or carrying out of any activity, that constitutes a project within the meaning of subsection 2(1) and that is required for the purpose of national defence if that Minister certifies in the decision that, for reasons of confidentiality or urgency, an exemption is required in the interest of national security.

Emergency Situations

152. (1) This Part does not apply in respect of any project that is carried out in response to

(a) a national emergency for which special temporary measures are taken under the Emergencies Act;

(b) an emergency if a federal or territorial minister who is authorized under any other Act of Parliament or any territorial law to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or

(c) an emergency if the federal Minister certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the project be carried out without delay.

(2) As soon as practicable after undertaking a project referred to in subsection (1), the person or entity carrying it out must submit a written report to the Commission, the Board and the federal Minister describing

(a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in paragraph (1)(a), (b) or (c), as the case may be; and

(b) any further works or activities required after the end of that emergency to complete the project or maintain a work referred to in paragraph (a).

(3) After receiving a report under subsection (2), the Commission may submit a written report to the federal Minister that contains an assessment of the project’s conformity with any applicable land use plan.

(4) After receiving a report under subsection (2), the Board may submit a written report to the federal Minister with terms and conditions that it recommends, with reasons, should apply in respect of the project or any portion of it.

(5) The person or entity must provide any additional information that the Commission or the Board considers necessary to prepare its report under subsection (3) or (4), as the case may be.

(6) After receiving a report under subsection (2) and reports under subsections (3) and (4), if any, the federal Minister may impose terms and conditions on the carrying out of the project, in which case section 135 applies.

(7) It is prohibited to carry out a project, in whole or in part, in contravention of any term and condition imposed under subsection (6).

Community Resupply And Ship Movements

153. (1) The Board must not screen any project if, after determining the scope of the project under subsection 86(1), it is of the opinion that the project either has as its purpose the provision of normal community resupply or consists of individual ship movements not relating to another project.

(2) Sections 87 to 140 do not apply in respect of a project referred to in subsection (1).

Exploration or Development Activities

154. (1) Despite paragraph 74(b) and subject to paragraph 74(f) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out exploration or development activities that relate directly to a project that is subject to a review under this Part if

(a) each activity belongs to a class of exempt activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt activities prescribed by regulation; or

(b) the activities may, in the Board’s opinion, proceed without such a review.

(2) Despite paragraph 75(1)(b), regulatory authorities may issue a licence, permit or other authorization in respect of exploration or development activities referred to in subsection (1).

(3) Licences, permits or other authorizations issued under subsection (2) must not be renewed or amended and their period of validity must not be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.

155. (1) Despite paragraph 75(1)(b), the Nunavut Water Board may issue licences to use waters or deposit waste for an interim, short-term period under the Nunavut Waters and Nunavut Surface Rights Tribunal Act, in respect of exploration or development activities that relate directly to a project that is subject to a review under this Part.

(2) Licences issued under subsection (1) must not be renewed or amended and their period of validity must not be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.

(3) Despite paragraph 74(b), the proponent may undertake or carry out exploration or development activities in respect of which a licence has been issued under subsection (1) if that licence is the only licence, permit or other authorization required by or under any other Act of Parliament or any territorial law.

Transboundary Projects

Review by Commission

156. (1) If a project is to be carried out partly outside the designated area, sections 76 and 80 apply in respect of the entire project.

(2) Sections 77 to 79, 81, 82 and, subject to subsection (1), 85 apply only in respect of the portion of the project to be carried out inside the designated area.

Screening By Board

157. (1) If a project is to be carried out partly outside the designated area, sections 86 to 98 apply, subject to subsection (2), in respect of the entire project.

(2) If the Board makes an inclusion under paragraph 86(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 86(3) and section 87 do not apply and the Board must screen the entire project.

Review

Board

158. (1) If the Board receives a project proposal under subparagraph 94(1)(a)(iii) or subsection 94(3), the Board must determine the scope of the project and the Board must

(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and

(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.

(2) Subject to subsections (3) to (5), subsections 99(2) and (3) and sections 100 to 114 apply in respect of the entire project.

(3) If the Board makes an inclusion under paragraph (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 99(3) and section 100 do not apply and the Board must review the entire project.

(4) The responsible Minister may only exercise the powers and perform the duties and functions conferred on that Minister under subsections 105(1) and 106(1) in relation to the parts of the Board’s report that are applicable to or affect the designated area.

(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions conferred under sections 107 and 108 in relation to terms and conditions that are applicable to or affect the designated area.

159. (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews.

(2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

Federal Environmental Assessment Panel or Joint Panel

160. (1) After receiving a project proposal under subparagraph 94(1)(a)(ii), the Minister of the Environment must either

(a) establish a federal environmental assessment panel; or

(b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel.

(2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

161. (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160(1)(a), that Minister must appoint the members of that panel, including a Chairperson.

(2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1), in accordance with any agreement concluded between them.

(3) Subsections 115(3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project.

(4) If the Minister of the Environment makes an inclusion under paragraph 118(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118(3) and section 119 do not apply and the federal environmental assessment panel must review the entire project.

(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under section 124 and subsections 125(1) and 126(1) in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area.

(6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area.

162. (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project.

(2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection.

(3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel.

(4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.

Parks and Conservation Areas

Projects

163. In sections 164 to 170, “responsible authority” means, as the case may be,

(a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or

(b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.

164. (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.

(2) A project proposal must contain a description of the project prepared in accord- ance with criteria established by the responsible authority.

(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act.

(4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.

165. The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.

166. (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening.

(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.

(3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.

167. If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.

168. (1) If a project is exempt from screening and the responsible authority has concerns in respect of any cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.

(2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law, carry out the project.

(3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area.

169. (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165.

(2) Any time required for the proponent to provide information required under subsection 144(1) as modified by paragraph 170(a) does not count as part of the period referred to in subsection (1).

170. Section 73, paragraphs 74(a) to (e) and (g), section 75, subsections 86(1) and (2), sections 87 to 98, subsections 99(1) and (2), sections 100 to 117, subsections 118(1) and (2) and sections 120 to 162 apply in respect of the project subject to the following:

(a) in those provisions, a reference to the Commission is a reference to the responsible authority;

(b) in paragraphs 74(a) and 75(1)(a) and subsections 141(2), 142(3), 143(4), 144(4) and 147(2) and 156(1), the reference to section 76 is a reference to section 164;

(c) in paragraphs 74(d), 75(1)(d) and 150(a), a reference to section 77 is a reference to section 165, a reference to an applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility and in paragraphs 74(d) and 75(1)(d), the reference respecting a minor variance or a ministerial exemption does not apply;

(d) in subsection 86(1), section 87 and paragraphs 92(3)(a) and 100(a), the references to section 79 and subsection 80(1) are, respectively, references to section 167 and subsection 168(1);

(e) if the Board makes an inclusion under paragraph 86(1)(a) or 99(1)(a), the Board must not proceed with the screening or the review, as the case may be, and the responsible authority must exercise its powers and perform its duties and functions under sections 165 to 168 in relation to the entire project;

(f) in paragraph 92(3)(c), the day is the day on which the Board receives a decision from the responsible authority, by reason of paragraph (e), that comes to the conclusion referred to in section 167 or subsection 168(1);

(g) in paragraph 93(1)(a) and subsections 111(3) and 154(1), the reference respecting paragraph 74(f) does not apply;

(h) in section 98, the reference to sections 88 to 97 is a reference to those sections, taking into account any modifications made to them under this section;

(i) if the Minister of the Environment makes an inclusion under paragraph 118(1)(a), the federal environmental assessment panel must not proceed with the review and the responsible authority must exercise its powers and perform its duties and functions under sections 165 to 168 in relation to the entire project;

(j) a federal environmental assessment panel must review the project in relation to which the scope has been determined if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the responsible authority, by reason of paragraph (i), comes to the conclusion referred to in section 167 or subsection 168(1);

(k) in subsection 132(2), the reference to subsections 111(2) to (4) is a reference to subsection 111(2), to subsection 111(3), as modified by paragraph (g), and to subsection 111(4);

(l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (g);

(m) in paragraph 150(b), the reference to section 93 is a reference to that section as modified by paragraph (g) and the references to paragraphs 81(2)(a) and 82(2)(a) do not apply;

(n) in paragraph 150(c) and subsection 153(1), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);

(o) in subsection 152(3), the reference to any applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility;

(p) in subsection 153(2), the reference to sections 87 to 140 is a reference to those sections, taking into account any modifications made to them under this section;

(q) in subsection 156(1), the reference to section 80 is a reference to section 168;

(r) in subsection 156(2), the reference to sections 77 to 79 is a reference to sections 165 to 167 and the references respecting sections 81, 82 and 85 do not apply;

(s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (e), subsections 86(1) and (2) and sections 87 to 98, taking into account any modifications made to those provisions under this section;

(t) in subsection 157(2), the reference to subsection 86(3) is a reference to paragraph (e) and the reference to section 87 is a reference to that section as modified by paragraph (d);

(u) in subsection 158(2), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to sections 100 to 114 is a reference to those sections, taking into account any modifications made to them under this section;

(v) in subsection 158(3), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to section 100 is a reference to that section as modified by paragraph (d);

(w) in subsection 161(3), the reference to sections 116 to 133 is a reference to paragraphs (i) and (j), sections 116 and 117, subsections 118(1) and (2) and sections 120 to 133;

(x) in subsection 161(4), the references to subsection 118(3) and section 119 are, respectively, references to paragraphs (i) and (j); and

(y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x).

171. If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency,

(a) sections 76, 80, 164 and 168 apply in respect of the entire project;

(b) sections 163 and 165 to 167 apply only in respect of the portion of the project to be carried out inside the park or historic place; and

(c) sections 77 to 79, 81, 82 and, subject to paragraph (a), 85 apply only in respect of the portion of the project that is to be carried out outside the park or historic place.

172. Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency.