Bill C-9

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	Federal Environmental Assessment Coordinator
Role	12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants.
Duties	12.2 The federal environmental assessment coordinator shall
	(a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified;
	(b) coordinate their involvement throughout the environmental assessment process;
	(c) coordinate the responsible authorities' fulfilment of their obligations under subsection 55.3(1), paragraph 55.4(1)(a) and section 55.5 ;
	(d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and
	(e) coordinate the federal authorities' involvement with other jurisdictions.
Powers	12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may
	(a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project;
	(b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and
	(c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation.
Agency as coordinator	12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if
	(a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or
	(b) the project is described in the comprehensive study list.
Responsible authority as coordinator	(2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is
	(a) the sole responsible authority in relation to the project; or
	(b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities or, if they have not selected one within a reasonable time, the one that is designated by the Agency.
Coordinator by agreement	(3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except
	(a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or
	(b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree.
For greater certainty	(4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project.
Obligation to comply with coordinator's requests	12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions.
	9. The Act is amended by adding the following after section 16:
Community knowledge and aboriginal traditional knowledge	16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment.
Regional studies	16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a project in the region, particularly in considering any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out.
Publication of determination s	16.3 The responsible authority shall document and make available to the public, pursuant to subsection 55(1), its determinations pursuant to section 20 or subsection 21.1(1).
1993, c. 34, s. 23(1)(F)	10. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Screening	18. (1) Where a project is not described in the comprehensive study list or the exclusion list made under paragraph 59(c), the responsible authority shall ensure that
	(2) Subsection 18(3) of the Act is replaced by the following:
Public participation	(3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances - or where required by regulation - the responsible authority
	(a) shall, before providing the public with an opportunity to examine and comment on the screening report, include in the Internet site a description of the scope of the project, the factors to be taken into consideration in the screening and the scope of those factors or an indication of how such a description may be obtained;
	(b) shall give the public an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before taking a course of action under section 20 and shall give adequate notice of that opportunity; and
	(c) may, at any stage of the screening that it determines, give the public any other opportunity to participate.
Timing of public participation	(4) The responsible authority's discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c).
1993, c. 34, s. 24(F)	11. Section 19 of the Act is replaced by the following:
Class screening reports	19. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied.
Use of class screening report	(2) The declaration shall include a statement that the class screening report may be used as
	(a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or
	(b) a model for streamlining the screening required by section 18 for projects of the class.
Public notice and consideration of public comments	(3) The Agency shall, before making a declaration pursuant to subsection (1),
	(a) publish, in any manner it considers appropriate, a notice setting out the following information, namely,
	(i) the date on which the draft report will be available to the public,
	(ii) the place at which copies of it may be obtained, and
	(iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and
	(b) take into consideration any comments filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public .
Publication of declaration	(4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, together with the report to which it relates or a description of how a copy of the report may be obtained, shall be included in the Registry.
Use of a class screening report as a replacement	(5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented.
Use of class screening report as a model	(6) Where a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies, the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18.
Necessary adjustments	(7) Where a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.
Declaration to remove class screening report	(8) Where the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.
Publication	(9) Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and included in the Registry.
	12. (1) Paragraph 20(1)(a) of the Act is replaced by the following:
	(a) subject to subparagraph (c)(iii), 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) Subsections 20(2) and (3) of the Act are replaced by the following:
Mitigation measures - extent of authority	(1.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include
	(a) any mitigation measures whose implementation the responsible authority can ensure; and
	(b) any other mitigation measures that it is satisfied will be implemented by another person or body.
Responsible authority to ensure implementatio n of mitigation measures	(2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (1.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament .
Assistance of other federal authority	(2.1 ) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.
Prohibition of actions in furtherance of project	(3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part.
1993, c. 34, s. 26(F)	13. Section 21 of the Act is replaced by the following:
Public consultation	21. (1) Where a project is described in the comprehensive study list, the responsible authority shall ensure public consultation with respect to the proposed scope of the project for the purposes of the environmental assessment, the factors proposed to be considered in its assessment, the proposed scope of those factors and the ability of the comprehensive study to address issues relating to the project.
Report and recommendati on	(2) After the public consultation , as soon as it is of the opinion that it has sufficient information to do so, the responsible authority shall
	(a) report to the Minister regarding
	(i) the scope of the project, the factors to be considered in its assessment and the scope of those factors ,
	(ii) public concerns in relation to the project,
	(iii) the potential of the project to cause adverse environmental effects, and
	(iv) the ability of the comprehensive study to address issues relating to the project; and
	(b) recommend to the Minister to continue with the environmental assessment by means of a comprehensive study, or to refer the project to a mediator or review panel in accordance with section 29.
Minister's decision	21.1 (1) The Minister, taking into account the things with regard to which the responsible authority must report under paragraph 21(2)(a) and the recommendation of the responsible authority under paragraph 21(2)(b) , shall, as the Minister considers appropriate,
	(a) refer the project to the responsible authority so that it may continue the comprehensive study and ensure that a comprehensive study report is prepared and provided to the Minister and to the Agency; or
	(b) refer the project to a mediator or review panel in accordance with section 29.
Decision final	(2) Despite any other provision of this Act, if the Minister refers the project to a responsible authority under paragraph (1)(a), it may not be referred to a mediator or review panel in accordance with section 29.
Public participation	21.2 Where a project has been referred to a responsible authority under paragraph 21.1(1)(a), the responsible authority shall ensure that the public is provided with an opportunity, in addition to those provided under subsection 21(1) and section 22, to participate in the comprehensive study, subject to a decision with respect to the timing of the participation made by the federal environmental assessment coordinator under paragraph 12.3(c).
	14. Section 23 of the Act is replaced by the following:
Decision of Minister	23. (1) The Minister shall, after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2), refer the project back to the responsible authority for action under section 37 and issue an environmental assessment decision statement that
	(a) sets out the Minister's opinion as to whether, taking into account the implementation of any mitigation measures that the Minister considers appropriate, the project is or is not likely to cause significant adverse environmental effects; and
	(b) sets out any mitigation measures or follow-up program that the Minister considers appropriate, after having taken into account the views of the responsible authorities and other federal authorities concerning the measures and program.
More information required	(2) Before issuing an environmental assessment decision statement, the Minister shall, if the Minister is of the opinion that additional information is necessary or that there are public concerns that need to be further addressed, request that the federal authorities referred to in paragraph 12.3(a) or the proponent ensure that the necessary information is provided or actions are taken to address those public concerns.
	15. Subsection 29(4) of the Act is replaced by the following:
When mediation fails	(4) Where, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the participants, the Minister shall order the conclusion of the mediation.
	16. Subsection 32(1) of the French version of the Act is replaced by the following:
Rapport du médiateur	32. (1) Dès la fin de la médiation, le médiateur présente un rapport au ministre et à l'autorité responsable.

Bill C-9

Federal Environmental Assessment Coordinator