An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
Full Document:
Assented to 2003-06-11
6. The Act is amended by adding the following after section 11:
Marginal note: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.
Marginal note:Order in force
(2) An order under subsection (1) takes effect on the day on which it is made.
Marginal note: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.
Marginal note: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.
Marginal note: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).
Marginal note: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.
7. The Act is amended by adding the following after section 12:
Federal Environmental Assessment Coordinator
Marginal note:Role
12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants.
Marginal note:Duties
12.2 The federal environmental assessment coordinator shall
(a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified;
(b) coordinate their involvement throughout the environmental assessment process;
(c) coordinate the responsible authorities’ fulfilment of their obligations under subsection 55.3(1), paragraph 55.4(1)(a) and section 55.5;
(d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and
(e) coordinate the federal authorities’ involvement with other jurisdictions.
Marginal note:Powers
12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may
(a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project;
(b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and
(c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation.
Marginal note:Agency as coordinator
12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if
(a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or
(b) the project is described in the comprehensive study list.
Marginal note:Responsible authority as coordinator
(2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is
(a) the sole responsible authority in relation to the project; or
(b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities or, if they have not selected one within a reasonable time, the one that is designated by the Agency.
Marginal note:Coordinator by agreement
(3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except
(a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or
(b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree.
Marginal note:For greater certainty
(4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project.
Marginal note:Obligation to comply with coordinator’s requests
12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions.
8. The Act is amended by adding the following after section 16:
Marginal note:Community knowledge and aboriginal traditional knowledge
16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment.
Marginal note:Regional studies
16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a project in the region, particularly in considering any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out.
Marginal note:Publication of determinations
16.3 The responsible authority shall document and make available to the public, pursuant to subsection 55(1), its determinations pursuant to section 20.
Marginal note:1993, c. 34, s. 23(1)(F)
9. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Screening
18. (1) Where a project is not described in the comprehensive study list or the exclusion list made under paragraph 59(c), the responsible authority shall ensure that
(2) Subsection 18(3) of the Act is replaced by the following:
Marginal note:Public participation
(3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances — or where required by regulation — the responsible authority
(a) shall, before providing the public with an opportunity to examine and comment on the screening report, include in the Internet site a description of the scope of the project, the factors to be taken into consideration in the screening and the scope of those factors or an indication of how such a description may be obtained;
(b) shall give the public an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before taking a course of action under section 20 and shall give adequate notice of that opportunity; and
(c) may, at any stage of the screening that it determines, give the public any other opportunity to participate.
Marginal note:Timing of public participation
(4) The responsible authority’s discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c).
Marginal note:1993, c. 34, s. 24(F)
10. Section 19 of the Act is replaced by the following:
Marginal note:Class screening reports
19. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied.
Marginal note:Use of class screening report
(2) The declaration shall include a statement that the class screening report may be used as
(a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or
(b) a model for streamlining the screening required by section 18 for projects of the class.
Marginal note:Public notice and consideration of public comments
(3) The Agency shall, before making a declaration pursuant to subsection (1),
(a) publish, in any manner it considers appropriate, a notice setting out the following information, namely,
(i) the date on which the draft report will be available to the public,
(ii) the place at which copies of it may be obtained, and
(iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and
(b) take into consideration any comments filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public.
Marginal note:Publication of declaration
(4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, together with the report to which it relates or a description of how a copy of the report may be obtained, shall be included in the Internet site.
Marginal note:Use of a class screening report as a replacement
(5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented.
Marginal note:Use of class screening report as a model
(6) Where a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies, the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18.
Marginal note:Necessary adjustments
(7) Where a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.
Marginal note:Declaration to remove class screening report
(8) Where the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.
Marginal note:Publication
(9) Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and included in the Internet site.
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