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Bill C-305

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

Bill C-305

An Act to amend the Canadian Environmental Assessment Act (inventory of brownfields)

1992, c. 37

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

1993, c. 34, s. 18(F)

1. (1) The definition ``project'' in subsection 2(1) of the Canadian Environmental Assessment Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) the remediation of contaminated land in a municipality;

1993, c. 28, s. 78 (Sch. III, item 13), c. 34, s. 18(F); 1996, c. 31, s. 61; 1998, c. 10, s. 164, c. 15, s. 50(b)

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``contaminate d land''
« site contaminé »

``contaminated land'' means a site, including a water lot, where substances occur at concentrations

    (a) above prescribed levels, or

    (b) above background levels, and pose or are likely to pose an immediate or long-term hazard to human health or the environment;

2. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

Projects requiring environ-
mental assessment

5. (1) Subject to subsection (3), an environmental assessment of a project is required before a federal authority exercises one of the following powers or performs one of the following duties or functions in respect of a project, namely, where a federal authority

(2) Section 5 of the Act is amended by adding the following after subsection (2):

Financial assistance for environ-
mental assessment

(3) If a project includes the remediation of contaminated land in a municipality, a federal authority may provide financial assistance for the purpose of conducting an environmental assessment of the project.

Minister is responsible authority

(4) If a project includes the remediation of contaminated land in a municipality and no other authority establishes a registry under section 55, the Minister is the responsible authority for all purposes under this Act.

1993, c. 34, s. 38(F)

3. (1) Subsection 55(1) of the Act is replaced by the following:

Public registry

55. (1) For the purpose of facilitating public access to records relating to environmental assessments, a public registry shall be established and operated in a manner to ensure convenient public access to the registry and in accordance with this Act and the regulations, in respect of every project

    (a) for which an environmental assessment is conducted; or

    (b) that includes the remediation of contaminated land in a municipality, and for which a report has been received by the Minister.

(2) Paragraph 55(2)(a) of the Act is replaced by the following:

    (a) by the responsible authority from the commencement of the environmental assessment or the receipt of a report described in paragraph (1)(b), whichever occurs first, until any follow-up program in respect of the project is completed; and

1993, c. 34, s. 40(F); 1994, c. 46, s. 5; 1998, c. 10, s. 166

4. Section 59 of the Act is amended by adding the following after paragraph (l.1):

    (l.2) respecting the information to be contained in the report described in paragraph 55(1)(b);

5. This Act comes into force on December 31, 2001.