ARCHIVED — Vol. 146, No. 15 — July 18, 2012


SI/2012-56 July 18, 2012


Order Fixing July 6, 2012 as the Day on which Certain Sections of the Act Come into Force

P.C. 2012-969 July 5, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 67 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, fixes July 6, 2012 as the day on which sections 52 to 63 and 66 of that Act come into force.


(This note is not part of the Order.)

The Canadian Environmental Assessment Act, 2012 (the Act) establishes a new federal environmental assessment regime.

Assessments will be conducted of proposed projects designated through regulations or by the Minister of the Environment under the Act. The assessments will consider whether the designated projects are likely to cause significant adverse environmental effects on components of the environment that are within the legislative authority of Parliament or as a result of a federal decision taken in relation to the project.

Assessments will be conducted by the Canadian Environmental Assessment Agency (the Agency), by the Canadian Nuclear Safety Commission for projects that are regulated under the Nuclear Safety and Control Act and by the National Energy Board for projects that are regulated under the National Energy Board Act or the Canada Oil and Gas Operations Act. If the Agency is the responsible authority, the Minister of the Environment may refer the environmental assessment of a designated project to a review panel of independent experts. Time limits are set in the Act for assessments by the Agency and review panels.

Cooperation with other jurisdictions is enabled through powers in the Act to delegate the conduct of all or part of an environmental assessment, to substitute the environmental assessment process of another jurisdiction for the process in the Act, or to recognize a provincial process as being equivalent to the process set out in the Act.

The Act requires that opportunities for public participation be provided during assessments, and that participant funding programs and a public registry of documents, including an Internet site, be established.

Follow-up programs will be mandatory for all environmental assessments. The Act provides for powers of inspection and fines for non-compliance with the Act. Conditions with which project proponents must comply will be established in enforceable environmental assessment decision statements.

Federal authorities are required to ensure their decisions with respect to projects on federal lands and outside Canada that are not designated projects do not cause significant adverse environmental effects.

This Order brings this Act into force on July 6, 2012.