An Act to amend the Canadian Environmental Assessment Act (S.C. 2003, c. 9)
Full Document:
Assented to 2003-06-11
Marginal note:1993, c. 34, s. 30(F)
18. Section 38 of the Act is replaced by the following:
Marginal note:Consideration of follow-up — decision under paragraph 20(1)(a)
38. (1) Where a responsible authority takes a course of action under paragraph 20(1)(a), it shall consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall design a follow-up program and ensure its implementation.
Marginal note:Mandatory follow-up — decision under paragraph 37(1)(a)
(2) Where a responsible authority takes a course of action under paragraph 37(1)(a), it shall design a follow-up program for the project and ensure its implementation.
Marginal note:Scope of follow-up program
(3) In designing a follow-up program and in ensuring its implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs.
Marginal note:Assistance of other federal authority
(4) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a follow-up program on which the federal authority and the responsible authority have agreed.
Marginal note:Follow-up programs
(5) The results of follow-up programs may be used for implementing adaptive management measures or for improving the quality of future environmental assessments.
Marginal note:1993, c. 34, s. 31(1)(F)
19. (1) Subsection 40(2) of the Act is replaced by the following:
Marginal note:Review panels established jointly with another jurisdiction
(2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act, the Minister
(a) may enter into an agreement or arrangement with a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) that has powers, duties or functions in relation to the assessment of the environmental effects of the project, respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel; and
(b) shall, in the case of a jurisdiction within the meaning of subsection 12(5) that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, offer to consult and cooperate with that other jurisdiction respecting the environmental assessment of the project.
Marginal note:1993, c. 34, s. 31(2)(F); 1995, c. 5, par. 25(1)(b)
(2) Subsection 40(3) of the Act is replaced by the following:
Marginal note:Review panels established jointly with another jurisdiction
(3) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act and a jurisdiction referred to in paragraph (1)(e) or (f) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel.
Marginal note:1998, c. 25, s. 164
20. (1) The portion of section 41 of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions
41. An agreement or arrangement entered into pursuant to subsection 40(2) or (3), and any document establishing a review panel under subsection 40(2.1), shall provide that the environmental assessment of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that
(2) Paragraph 41(d) of the Act is replaced by the following:
(d) the review panel is to have the powers and immunities provided for in section 35;
21. Subsection 46(1) of the Act is replaced by the following:
Marginal note:Transboundary and related environmental effects
46. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province.
Marginal note:1995, c. 5, par. 25(1)(b)
22. Subsection 47(1) of the Act is replaced by the following:
Marginal note:International environmental effects
47. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands.
23. (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Environmental effects of projects carried out on lands of federal interest
48. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on
(1.1) Paragraph 48(1)(b) of the Act is replaced by the following:
(a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act,
(b) federal lands other than those mentioned in paragraph (a) or (a.1),
(1.2) Section 48 of the Act is amended by adding the following after subsection (1):
Marginal note:Ecological integrity
(1.1) In deciding whether or not a project may cause significant adverse environmental effects on a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, the Minister shall take into account its ecological integrity, as that expression is defined in that subsection.
(2) The portion of subsection 48(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Environmental effects of projects carried out on reserve lands, etc.
(2) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out on
(2.1) Paragraph 48(3)(c) of the Act is replaced by the following:
(c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group, or
(3) Subsection 48(5) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart;
(f) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group; and
(g) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation.
Marginal note:1993, c. 34, s. 37(F)
24. Subsections 54(2) and (3) of the Act are replaced by the following:
Marginal note:International agreement or arrangement
(2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with
(a) this Act and the regulations; or
(b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out.
Marginal note:Exception
(3) For greater certainty, if a federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — in relation to a project in respect of which an agreement or arrangement referred to in subsection (1) or (2) applies — after the essential details of the project are specified
(a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and
(b) section 5 or 10.1, as the case may be, applies.
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