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Canadian Environmental Assessment Act

Version of section 58 from 2002-12-31 to 2003-10-29:


Marginal note:Powers to facilitate environmental assessments

  •  (1) For the purposes of this Act, the Minister may

    • (a) issue guidelines and codes of practice respecting the application of this Act and the regulations and, without limiting the generality of the foregoing, establish criteria to determine whether a project, taking into account the implementation of any appropriate mitigation measures, is likely to cause significant adverse environmental effects or whether such effects are justified in the circumstances;

    • (b) establish research and advisory bodies;

    • (c) enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(a), (b), (c) or (d) respecting assessments of environmental effects;

    • (d) enter into agreements or arrangements with any jurisdiction, within the meaning of subsection 40(1), for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the environmental effects of projects of common interest;

    • (e) recommend the appointment of members to bodies established by federal authorities or to bodies referred to in paragraph 40(1)(d), on a temporary basis, for the purpose of facilitating a substitution pursuant to section 43;

    • (f) establish criteria for the appointment of mediators and members of review panels;

    • (g) establish criteria for the approval of a substitution pursuant to section 43; and

    • (h) establish criteria for the purposes of an alternative manner of conducting an assessment of the environmental effects of a project referred to in subsection 46(2) or 47(2).

    • (i) [Repealed, 1994, c. 46, s. 4]

  • Marginal note:Participant funding

    (1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in mediations and assessments by review panels.

  • Marginal note:Power to enter into international agreements

    (2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(e) or (f) respecting assessments of environmental effects, including, without limiting the generality of the foregoing, for the purposes of implementing the provisions of any international agreement or arrangement to which the Government of Canada is a party respecting the assessment of environmental effects referred to in subsection 47(1).

  • Marginal note:Opportunity for public to comment

    (3) The Minister shall provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements, criteria or orders under this section.

  • Marginal note:Availability to public

    (4) Any guidelines, codes of practice, agreements, arrangements, criteria or orders shall be made available to the public.

  • 1992, c. 37, s. 58
  • 1993, c. 34, s. 39(F)
  • 1994, c. 46, s. 4
  • 1995, c. 5, s. 25

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