First Nations Oil And Gas Environmental Assessment Regulations (SOR/2007-272)

Project Files

Marginal note:Establishment and maintenance

• 51 (1) In respect of every project for which an environmental assessment is conducted, the first nation shall establish and maintain a project file beginning on the day on which the environmental assessment process commences and

  • (a) ending on the day on which any follow-up program in respect of the project is completed; or

  • (b) if there is no follow-up program, ending on the day on which the decision-making authority makes a decision under section 16.

• Marginal note:Contents of project file

  (2) Subject to subsection 52(1), a project file shall contain all records produced, collected or submitted with respect to the environmental assessment of the project, including

  • (a) all records posted on the Internet site referred to in section 49;

  • (b) any report relating to the environmental assessment;

  • (c) any comments filed by the public in relation to the environmental assessment;

  • (d) any records relating to the need for, design of or implementation of any follow-up program; and

  • (e) any documents requiring mitigation measures to be implemented.

Disclosure of Information

Registry Restrictions

Marginal note:Categories of information that shall not be made available

• 52 (1) Subject to subsections (2) to (5), the first nation shall not deposit any record into the registry that contains

  • (a) trade secrets;

  • (b) financial, commercial, scientific or technical information that is confidential;

  • (c) information whose disclosure could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person, body or organization;

  • (d) information whose disclosure could reasonably be expected to interfere with contractual or other negotiations;

  • (e) information whose disclosure could reasonably be expected to threaten the safety of individuals;

  • (f) information that is subject to solicitor-client privilege;

  • (g) information whose disclosure would cause specific harm to the environment;

  • (h) information where the benefit of non-disclosure clearly outweighs the public interest in disclosure;

  • (i) information whose disclosure would cause specific, direct and substantial harm to an individual;

  • (j) information whose disclosure could reasonably be expected to result in the public becoming aware of aboriginal traditional knowledge that a first nation has always treated in a confidential manner; or

  • (k) information that was determined to be privileged by a review panel in accordance with section 42.

• Marginal note:Severing information

  (2) The first nation shall deposit any part of a record that does not contain, and can reasonably be severed from any part that contains, information set out in subsection (1).

• Marginal note:Available record

  (3) A record or part of a record otherwise available to the public shall be included in the registry.

• Marginal note:Deposit on consent

  (4) The first nation may deposit into the registry a record that contains information set out in any of paragraphs (1)(a) to (d) and (f) if the person, body or organization to whom that information relates consents.

• Marginal note:Public interest override

  (5) The first nation may deposit into the registry a record or part of a record that contains information set out in paragraph (1)(b), (c) or (d) if disclosure of the information it contains would be in the public interest as it relates to public health, public safety or protection of the environment, and the public interest clearly outweighs any financial loss, gain or prejudice to the competitive position of or interference with contractual or other negotiations of any person, body or organization.

Notice

Marginal note:Notice of intention to deposit

• 53 (1) When the first nation intends to deposit in the registry a record or part of a record that contains or that the first nation has reason to believe might contain information set out in any of paragraphs 52(1)(a) to (d) and (f), the first nation shall, subject to subsection (2), if the person, body or organization to whom the information relates can reasonably be located, before the deposit of the record or part of a record, give written notice to the person, body or organization of the intention to deposit.

• Marginal note:Waiver of notice requirement

  (2) Any person, body or organization to whom a notice is required to be given under subsection (1) in respect of an intention to deposit a record or part of a record may waive the requirement and, if the person, body or organization has consented to the deposit, shall be deemed to have waived the requirement.

• Marginal note:Content of notice

  (3) The notice shall include

  • (a) a statement that the first nation giving the notice intends to deposit a record or part of a record that might contain information set out in any of paragraphs 52(1)(a) to (d) and (f);

  • (b) a description of the contents of the record or part of the record that, as the case may be, belong to, were supplied by or relate to the person, body or organization to whom the notice is given; and

  • (c) a statement that the person, body or organization may, within 20 days after the day on which the notice is given, make representations to the first nation as to why the record or part of the record should not be deposited.

Representations of Persons, Bodies or Organizations and Decision

Marginal note:Time for representations, decision

• 54 (1) When a notice is given under section 53, the first nation shall

  • (a) within 20 days after the day on which the notice is given, give the person, body or organization to whom the notice was given the opportunity to make representations as to why the record or part of the record should not be deposited into the registry; and

  • (b) within 30 days after the day on which the notice is given, if the person, body or organization has been given an opportunity to make representations under paragraph (a), make a decision as to whether to deposit the record or part of the record and give written notice of the decision to the person, body or organization.

• Marginal note:Form of representations

  (2) Representations made by a person, body or organization under paragraph (1)(a) shall be made in writing unless the first nation waives that requirement, in which case they may be made orally.

Coming into Force

Marginal note:Registration

55 These Regulations come into force on the day on which they are registered.