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Canada Gazette

Part II

OTTAWA, THURSDAY, MARCH 19, 2009

Registration
SOR/2009-89 March 12, 2009

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Infrastructure Projects Environmental Assessment Adaptation Regulations

P.C. 2009-392 March 12, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subparagraph 59(i)(iv) of the Canadian Environmental Assessment Act (see footnote a), hereby makes the annexed Infrastructure Projects Environmental Assessment Adaptation Regulations.

INFRASTRUCTURE PROJECTS ENVIRONMENTAL ASSESSMENT ADAPTATION REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means the Canadian Environmental Assessment Act. (Loi)

“Building Canada Plan” means the plan referred to in Building Canada: Modern Infrastructure for a Strong Canada published by the Government of Canada under ISBN 978-0-662-05130-5 and available on the Web at www.buildingcanada-chantierscanada.gc.ca. (plan Chantiers Canada)

ADAPTATION AND EXCLUSION

2. (1) The Act is adapted in accordance with item 3 of the schedule in respect of projects for which an environmental assessment is required under paragraph 5(1)(b) of the Act as a result of funding under the Building Canada Plan.

(2) If the Minister approves a substitution under 43(1) as adapted in item 3 of the schedule in respect of the projects referred to in subsection (1),

(a) the Act is adapted in accordance with items 1 and 2 of the schedule in respect of the projects; and

(b) the projects are excluded from the application of sections 21 to 23 of the Act.

REPEAL

3. These Regulations are repealed on March 31, 2011.

COMING INTO FORCE

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

SCHEDULE
(Subsection 2(1))

 


ADAPTATIONS

 

1. (1) Paragraph 20(1)(a) of the Act is adapted as follows:

(a) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part;

 

(2) Paragraph 20(1)(c) of the Act is adapted as follows:

(c) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is likely to cause significant adverse environmental effects that can be justified in the circumstances, the responsible authority may, with the approval of the Governor in Council, exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part.

 
 

2. (1) The portion of subsection 37(1) of the Act before paragraph (a) is adapted as follows:

Decision of responsible authority

37. (1) Subject to subsections (1.1) to (1.3), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report referred to in paragraph 44(1)(d):

 

(2) Subsection 37(1.3) of the Act is adapted as follows:

Approval of Governor in Council

(1.3) No course of action may be taken by the responsible authority under subparagraph (1)(a)(ii) without the approval of the Governor in Council.

 

3. Sections 43 to 45 of the Act are adapted as follows:

Substitute for screening or comprehensive study

43. (1) Where the Minister is of the opinion that a process for assessing the environmental effects of projects that is followed by the government of a province or any other agency or body established pursuant to the legislature of a province and having powers, duties or functions in relation to an assessment of the environmental effects of a project would be an appropriate substitute, the Minister may approve the substitution of that process for an environmental assessment, other than an assessment by a review panel, under this Act.

Manner of approval

(2) An approval shall be in writing and may be given in respect of a project or a class of projects.

Conditions

44. (1) The Minister shall not approve a substitution unless the Minister is satisfied that

(a) the process to be substituted will include a consideration of the factors required to be considered under subsection 16(1) and, where the project is described in the comprehensive study list, subsection 16(2);

(b) the public will be given an opportunity to participate in the assessment;

(c) the public will have access to environmental assessment documents to enable their meaningful participation;

(d) at the end of the assessment, a report will be submitted to the responsible authority; and

(e) the report will be made available to the public.

Approval

(2) Despite subsection (1), the Minister may approve the substitution of a process that has already been completed for a screening if the Minister is satisfied that the conditions under subsection (1) have been met.

Deemed substitution

 

45. Where the Minister approves a substitution of a process pursuant to subsection 43(1), an assessment that is conducted in accordance with that process is deemed to satisfy any requirements of this Act and the regulations in respect of a screening or comprehensive study.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2009-88, Regulations Amending the Exclusion List Regulations, 2007.

Footnote a
 S.C. 1992, c. 37