Skip to main content

Bill C-56

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF


42-43 ELIZABETH II

CHAPTER 46

An Act to amend the Canadian Environmental Assessment Act

[Assented to 15th December, 1994]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1992, c. 37 [c. C-15.2]; 1992, c. 34; 1993, cc. 28, 34; 1994, c. 26

1. Section 4 of the Canadian Environmental Assessment Act is amended by adding the following after paragraph (b):

    (b.1) to ensure that responsible authorities carry out their responsibilities in a coordinated manner with a view to eliminating unnecessary duplication in the environmental assessment process;

2. (1) The portion of subsection 24(1) of the Act after paragraph (d) is replaced by the following:

the responsible authority shall use that assessment and the report thereon to whatever extent is appropriate for the purpose of complying with section 18 or 21.

(2) Subsection 24(2) of the Act is replaced by the following:

Necessary adjustments

(2) Where a responsible authority uses an environmental assessment and the report thereon pursuant to subsection (1), the responsible authority shall ensure that any adjustments are made to the report that are necessary to take into account any significant changes in the environment and in the circumstances of the project and any significant new information relating to the environmental effects of the project.

3. (1) The portion of subsection 37(1) of the Act before paragraph (a) is replaced by the following:

Decision of responsible authority

37. (1) Subject to subsection (1.1), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to paragraph 23(a), the comprehensive study report:

(2) Section 37 of the Act is amended by adding the following after subsection (1):

Approval of Governor in Council

(1.1) Where a report is submitted by a mediator or review panel,

    (a) the responsible authority shall take into consideration the report and, with the approval of the Governor in Council, respond to the report;

    (b) the Governor in Council may, for the purpose of giving the approval referred to in paragraph (a), require the mediator or review panel to clarify any of the recommendations set out in the report; and

    (c) the responsible authority shall take a course of action under subsection (1) that is in conformity with the approval of the Governor in Council referred to in paragraph (a).

4. (1) Subsection 58(1) of the Act is amended by adding the word ``and'' at the end of paragraph (g), by striking out the word ``and'' at the end of paragraph (h) and by repealing paragraph (i).

(2) Section 58 of the Act is amended by adding the following after subsection (1):

Participant funding

(1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in mediations and assessments by review panels.

5. (1) Paragraph 59(a) of the Act is replaced by the following:

    (a) respecting the procedures and requirements of, and the time periods relating to, environmental assessment and follow-up programs, including the conduct of assessments by review panels established pursuant to section 40 and the timing of taking a course of action pursuant to section 20 or 37 where two or more federal authorities are likely to exercise a power or perform a duty or function referred to in section 5 with respect to the same project;

(2) Section 59 of the Act is amended by adding the following after paragraph (l):

    (l.1) respecting a participant funding program referred to in subsection 58(1.1);

Coming into force

6. This Act, or any provision of this Act, shall come into force on a day or days to be fixed by order of the Governor in Council.

Previous Page Table of Contents