46. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province.

(2) The Minister shall not refer a project to a mediator or a review panel pursuant to subsection (1) where the Minister and the governments of all interested provinces have agreed on another manner of conducting an assessment of the interprovincial environmental effects of the project that

(a) includes a consideration of the factors required to be considered under subsections 16(1) and (2);

(b) includes an opportunity for the public to participate in the assessment;

(c) includes a requirement that the report is to be submitted to the Minister at the end of the assessment;

(d) includes a requirement that the report is to be published; and

(e) meets any criteria established pursuant to paragraph 58(1)(h).

(3) The Minister shall consider whether to make a reference pursuant to subsection (1)

(a) on the request of the government of any interested province; or

(b) on the receipt of a petition that is

(i) signed by one or more persons each of whom has an interest in lands on which the project may cause significant adverse environmental effects, and

(ii) accompanied by a concise statement of the evidence supporting the contention of the petitioners that the project may cause significant adverse environmental effects in a province other than the one in which it is to be carried out.

(4) At least ten days before referring a project to a mediator or a review panel pursuant to subsection (1), the Minister shall give notice of the intention to do so to the proponent of the project, to the governments of all interested provinces and to any person who signed a petition considered by the Minister pursuant to subsection (3).

(5) For the purposes of this section and sections 47, 48, 50 and 51, “interested province” means

(a) a province in which the project is to be carried out; or

(b) a province that claims that significant adverse environmental effects may occur in that province as a result of the project.

1992, c. 37, s. 46; 2003, c. 9, s. 21.

47. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands.

(2) The Minister and the Minister of Foreign Affairs shall not refer a project to a mediator or a review panel pursuant to subsection (1) where the Minister and the governments of all interested provinces have agreed on another manner of conducting an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands that

(a) includes a consideration of the factors required to be considered under subsections 16(1) and (2);

(b) includes an opportunity for the public to participate in the assessment;

(c) includes a requirement that the report is to be submitted to the Minister at the end of the assessment;

(d) includes a requirement that the report is to be published; and

(e) meets any criteria established pursuant to paragraph 58(1)(h).

(3) On a request to the Minister to refer a project to a mediator or a review panel pursuant to subsection (1) made by

(a) the government of any province in which the project is to be carried out or that is adjacent to federal lands on which the project is to be carried out, or

(b) the government of a foreign state or a subdivision thereof that claims that significant adverse environmental effects may occur in that foreign state or subdivision thereof as a result of the project,

the Minister and the Minister of Foreign Affairs shall consider whether to make a reference pursuant to subsection (1).

(4) At least ten days before making a reference pursuant to subsection (1), the Minister shall give notice of the intention to do so to

(a) the proponent of the project;

(b) the government of any province in which the project is to be carried out or that is adjacent to federal lands on which the project is to be carried out; and

(c) the government of any foreign state or a subdivision thereof in which, in the opinion of the Minister, significant adverse environmental effects may occur as a result of the project.

1992, c. 37, s. 47; 1995, c. 5, s. 25; 2003, c. 9, s. 22.

48. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on

(a) lands in a reserve that is set apart for the use and benefit of a band and that is subject to the Indian Act,

(a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act,

(b) federal lands other than those mentioned in paragraph (a) or (a.1),

(c) lands that are described in a land claims agreement referred to in section 35 of the Constitution Act, 1982 and that are prescribed,

(d) lands that have been set aside for the use and benefit of Indians pursuant to legislation that relates to the self-government of Indians and that are prescribed, or

(e) lands in respect of which Indians have interests,

the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project on those lands.

(1.1) In deciding whether or not a project may cause significant adverse environmental effects on a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, the Minister shall take into account its ecological integrity, as that expression is defined in that subsection.

(2) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out on

(a) lands in a reserve that is set apart for the use and benefit of a band and that is subject to the Indian Act,

(b) lands that are described in a land claims agreement referred to in section 35 of the Constitution Act, 1982 and that are prescribed, or

(c) lands that have been set aside for the use and benefit of Indians pursuant to legislation that relates to the self-government of Indians and that are prescribed,

and the Minister is of the opinion that the project may cause significant adverse environmental effects outside those lands, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project outside those lands.

(3) The Minister shall not refer a project to a mediator or a review panel pursuant to subsection (1) or (2) where the Minister and the governments of all interested provinces, and

(a) in respect of federal lands referred to in paragraph (1)(b), the federal authority having the administration of those lands,

(b) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart,

(c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group, or

(d) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation,

have agreed on another manner of conducting an assessment of the environmental effects of the project on or outside those lands, as the case may be.

(4) The Minister shall consider whether to make a reference pursuant to subsection (1) or (2)

(a) on the request of the government of any interested province or the federal authority having the administration of federal lands referred to in paragraph (1)(b); or

(b) on receipt of a petition that is

(i) signed by one or more persons each of whom has an interest in lands on which the project may cause significant adverse environmental effects, and

(ii) accompanied by a concise statement of the evidence supporting the contention of the petitioner that the project may cause significant adverse environmental effects in respect of which a reference may be made pursuant to subsection (1) or (2).

(5) At least ten days before a reference is made pursuant to subsection (1) or (2), the Minister shall give notice of the intention to do so to

(a) the proponent of the project;

(b) the governments of all interested provinces;

(c) any person who signed a petition considered by the Minister pursuant to subsection (4);

(d) the federal authority, in the case of a reference to be made pursuant to paragraph (1)(b);

(e) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart;

(f) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group; and

(g) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation.

(6) For the purposes of this section, “lands in respect of which Indians have interests” means

(a) land areas that are subject to a land claim accepted by the Government of Canada for negotiation under its comprehensive land claims policy and that

(i) for the purposes of land claim settlement have been withdrawn from disposal, under the Territorial Lands Act in the case of land areas situated in the Northwest Territories or Nunavut, or under a law of the Legislature of Yukon in the case of land areas situated in Yukon, or

(ii) in the case of land areas situated in a province, have been agreed on for selection by the Government of Canada and the government of the province; and

(b) land areas that belong to Her Majesty or in respect of which Her Majesty has the right to dispose and that have been identified and agreed on by Her Majesty and an Indian band for transfer to settle claims based on

(i) an outstanding lawful obligation of Her Majesty towards an Indian band pursuant to the specific claims policy of the Government of Canada, or

(ii) treaty land entitlement.

(7) For the purposes of this section, a reference to any lands, land areas or reserves includes a reference to all waters on and air above those lands, areas or reserves.

1992, c. 37, c. 48; 1993, c. 28, s. 78; 2002, c. 7, s. 123; 2003, c. 9, s. 23.

49. Sections 29 to 36 and 40 to 42 apply, with such modifications as the circumstances require, in respect of a reference to a mediator or a review panel pursuant to subsection 46(1), 47(1) or 48(1) or (2).

50. (1) Where the Minister refers a project to a mediator or a review panel for an assessment of the environmental effects of the project referred to in subsection 46(1), 47(1) or 48(1) or (2), the Minister may, by order, prohibit the proponent of the project from doing any act or thing that would commit the proponent to ensuring that the project is carried out in whole or in part until the assessment is completed and the Minister is satisfied that, taking into account the implementation of any appropriate mitigation measures the project is not likely to cause any significant adverse environmental effects referred to in that subsection or that any such effects are justified in the circumstances.

(2) Where a project is referred to a mediator or a review panel for an assessment of the environmental effects of the project referred to in subsection 46(1), 47(1) or 48(1) or (2) and the mediator or review panel submits a report to the Minister indicating that the project is likely to cause significant adverse environmental effects referred to in that subsection the Minister may, by order, prohibit the proponent of the project from doing any act or thing that would commit the proponent to ensuring that the project is carried out in whole or in part until the Minister is satisfied that, taking into account the implementation of any appropriate mitigation measures, the project is not likely to cause any significant adverse environmental effects referred to in that subsection or that any such effects are justified in the circumstances.

(3) The Minister shall, before exercising discretion to make an order under subsection (1) or (2), advise and offer to consult with the governments of all interested provinces and any federal authority, or the band council, party to the agreement or claim or governing body having an interest in the lands where the project is to be carried out, as the case may be.

1992, c. 37, s. 50; 1993, c. 34, s. 35(F).

51. (1) Where, on the application of the Attorney General of Canada, it appears to a court of competent jurisdiction that an order made under section 50 in respect of a project has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would commit the proponent to ensuring that the project or any part thereof is carried out until

(a) with respect to an order made pursuant to subsection 50(1), the assessment of the environmental effects of the project referred to in subsection 46(1), 47(1) or 48(1) or (2) is completed and the Minister is satisfied that, taking into account the implementation of any appropriate mitigation measures, the project is not likely to cause any significant adverse environmental effects referred to in that subsection or any such effects are justified in the circumstances; and

(b) with respect to an order made pursuant to subsection 50(2), the Minister is satisfied that, taking into account the implementation of any appropriate mitigation measures, the project is not likely to cause any significant adverse environmental effects referred to in that subsection or any such effects are justified in the circumstances.

(2) At least forty-eight hours before an injunction is issued under subsection (1), notice of the application shall be given to

(a) persons named in the application, and

(b) the governments of all interested provinces and any federal authority, band council, party to the agreement or claim or governing body having an interest in the lands where the project is to be carried out, as the case may be,

unless the urgency of the situation is such that the delay involved in giving such notice would not be in the public interest.

1992, c. 37, s. 51; 1993, c. 34, s. 36(F).

52. (1) An order under section 50 comes into force at the time it is made.

(2) The order ceases to have effect fourteen days after it is made unless, within that period, it is approved by the Governor in Council.

(3) The order is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and shall be published in the Canada Gazette within twenty-three days after it is approved by the Governor in Council.

53. (1) Where the Minister has referred a project to a mediator or a review panel pursuant to subsection 46(1), 47(1) or 48(1) or (2), the Minister shall, in accordance with any regulations made for that purpose, design or approve any follow-up program that the Minister considers appropriate for the project and arrange for the implementation of that program.

(2) Following the receipt of the report of the mediator or review panel in respect of the assessment of the environmental effects of the project referred to in subsection 46(1), 47(1) or 48(1) or (2), the Minister shall, in accordance with any regulations made for that purpose, advise the public of

(a) any order or injunction issued under section 50 or 51 in respect of the project;

(b) any mitigation measures to be implemented with respect to the adverse environmental effects of the project referred to in those subsections;

(c) the extent to which the recommendations set out in the report have been adopted, and the reasons for not having adopted any of those recommendations;

(d) any follow-up program that is designed or approved for the project pursuant to subsection (1); and

(e) any results of any follow-up program.

54. (1) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with the government of a province or any institution of such a government under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) in relation to projects the essential details of which are not specified, the Government of Canada or the federal authority shall ensure that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with

(a) this Act and the regulations; or

(b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the province where the projects are to be carried out.

(2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with

(a) this Act and the regulations; or

(b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out.

(3) For greater certainty, if a federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — in relation to a project in respect of which an agreement or arrangement referred to in subsection (1) or (2) applies — after the essential details of the project are specified

(a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and

(b) section 5 or 10.1, as the case may be, applies.

1992, c. 37, s. 54; 1993, c. 34, s. 37(F); 2003, c. 9, s. 24.

55. (1) For the purpose of facilitating public access to records relating to environmental assessments and providing notice in a timely manner of the assessments, there shall be a registry called the Canadian Environmental Assessment Registry, consisting of an Internet site and project files.

(2) The Registry shall be operated in a manner to ensure convenient public access to it. This right of access to the Registry is in addition to any right of access provided under any other Act of Parliament.

(3) For the purpose of facilitating public access to records included in the Registry, in the case of a screening or comprehensive study, the federal environmental assessment coordinator and, in any other case, the Agency shall ensure that a copy of any such record is provided in a timely manner on request.

1992, c. 37, s. 55; 1993, c. 34, s. 38(F); 2003, c. 9, s. 25.

55.1 (1) The Agency shall, in accordance with this Act and the regulations, establish and maintain an Internet site to be generally accessible through what is commonly referred to as the Internet.

(2) Subject to subsection 55.5(1), the Internet site shall include

(a) within 14 days after the commencement of an environmental assessment, notice of its commencement, except where a class screening report is used under subsection 19(5) or (6);

(b) an agreement contemplated by subsection 12.4(3);

(c) a description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 15;

(d) a statement of the projects in respect of which a class screening report is used under subsection 19(5) or (6);

(e) any declaration referred to in subsection 19(4) and the report to which it relates or a description of how a copy of the report may be obtained, and any declaration referred to in subsection 19(9);

(f) notice of termination of an environmental assessment by a responsible authority under section 26;

(g) notice of termination of an environmental assessment by the Minister under section 27;

(h) any public notices that are issued by responsible authorities or the Agency to request public input into an environmental assessment;

(i) notice of a decision of the Minister to refer a project under paragraph 21.1(1)(a);

(j) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project or where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained;

(k) the screening or comprehensive study report taken into consideration by a responsible authority for the purpose of a decision under section 20 or 37 or a description of how a copy of the report may be obtained, except where a class screening report is used under subsection 19(5) or (6);

(l) an environmental assessment decision statement under subsection 23(1) and any request made under subsection 23(2);

(m) notice of the referral of a project to a mediator or review panel;

(n) the terms of reference of a mediation or a review panel;

(o) if the Minister has ordered the conclusion of a mediation under subsection 29(4), notice of the order;

(p) a report of a mediator or review panel or a summary of the report;

(q) a response under paragraph 37(1.1)(a) to the report of a mediator or review panel;

(r) except where a class screening report is used under subsection 19(5) or (6), the decision of a responsible authority, made under section 20 or 37 concerning the environmental effects of the project, and a statement of any mitigation measures the implementation of which the responsible authority took into account in making its decision;

(s) a notice stating whether or not, pursuant to subsection 38(1), a follow-up program for the project is considered appropriate;

(t) a description summarizing any follow-up program and its results or an indication of how a full description of the program and its results may be obtained;

(u) any other information that the responsible authority or the Agency, as the case may be, considers appropriate, including information in the form of a list of relevant documents in which case a description of how they may be obtained shall be provided; and

(v) any other record or information prescribed under paragraph 59(h.1).

(3) The Agency shall determine and notify the public

(a) what the form of the Internet site is to be and how it is to be kept;

(b) how records and information are to be included in it;

(c) what information must be contained in any record referred to in subsection (2);

(d) what records and information are to be included in the Internet site, in addition to any record referred to in subsection (2);

(e) when information must be included in the Internet site;

(f) when information may be removed from the Internet site; and

(g) how access to the Internet site is to be provided.

2003, c. 9, s. 25.

55.2 (1) The Agency shall ensure that the records referred to in paragraphs 55.1(2)(b), (e), (i) and (l) are included in the Internet site.

(2) The Agency shall, in the case of a mediation or an assessment by a review panel, ensure that the records referred to in paragraphs 55.1(2)(c), (g), (h), (m), (n), (o), (p), (q) and (u) and any record or information referred to in paragraph 55.1(2)(v) are included in the Internet site.

2003, c. 9, s. 25.

55.3 (1) A responsible authority shall ensure that the records referred to in paragraphs 55.1(2)(a), (f), (j), (k), (r), (s) and (t) and, in the case of a screening or a comprehensive study, the records referred to in paragraphs 55.1(2)(c), (h) and (u) and any record or information referred to in paragraph 55.1(2)(v), are included in the Internet site.

(2) A responsible authority shall ensure that the statement referred to in paragraph 55.1(2)(d) is included in the Internet site every three months or with any other greater frequency to which it agrees with the Agency.

(3) A screening report referred to in paragraph 55.1(2)(k) or a description of how a copy of it may be obtained shall be included in the Internet site not later than the decision referred to in paragraph 55.1(2)(r) that is based on the report, unless otherwise authorized by the Agency.

2003, c. 9, s. 25.

55.4 (1) In respect of every project for which an environmental assessment is conducted, a project file shall be established and maintained, in accordance with this Act and the regulations,

(a) by the responsible authority from the commencement of the environmental assessment until any follow-up program in respect of the project is completed; and

(b) where the project is referred to a mediator or a review panel, by the Agency from the appointment of the mediator or the members of the review panel until the report of the mediator or review panel is submitted to the Minister.

(2) Subject to subsection 55.5(1), a project file shall contain all records produced, collected or submitted with respect to the environmental assessment of the project, including

(a) all records included in the Internet site;

(b) any report relating to the assessment;

(c) any comments filed by the public in relation to the assessment;

(d) any records relating to the need for, design of or implementation of any follow-up program; and

(e) any documents requiring mitigation measures to be implemented.

2003, c. 9, s. 25.

55.5 (1) The Registry shall contain a record, part of a record or information only if

(a) it has otherwise been made publicly available; or

(b) the responsible authority, in the case of a record under its control, or the Minister, in the case of a record under the Agency’s control,

(i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the responsible authority or the Agency, including any record that would be disclosed in the public interest pursuant to subsection 20(6) of that Act, or

(ii) believes on reasonable grounds that it would be in the public interest to disclose it because it is required for the public to participate effectively in the environmental assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act.

(2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency or a responsible authority intends be included in the Registry with any modifications that the circumstances require, including the following:

(a) the information is deemed to be a record that the head of a government institution intends to disclose; and

(b) any reference to the person who requested access shall be disregarded.

(3) This section applies with respect to a responsible authority that is a parent Crown corporation but is not a government institution within the meaning of the Access to Information Act as if it were such a government institution.

2003, c. 9, s. 25.

55.6 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority, the Agency or the Minister, or against any person acting on behalf of them or under their direction, or against a director or officer of a Crown corporation to which this Act applies and no proceedings lie against the Crown, the Agency or any responsible authority, for the disclosure in good faith of any record or any part of a record pursuant to this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

2003, c. 9, s. 25.

56. (1) During each fiscal year a responsible authority shall maintain a statistical summary of all of the environmental assessments undertaken or directed by it and all courses of action taken, and all decisions made, in relation to the environmental effects of the projects after the assessments were completed.

(2) The responsible authority shall ensure that the summary for a fiscal year is completed within one month after the end of that fiscal year.

56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with any information respecting the assessments whose conduct they ensure under this Act that the Agency considers necessary in support of a quality assurance program that it establishes.

2003, c. 9, s. 27.

57. An application for judicial review in connection with any matter under this Act shall be refused where the sole ground for relief established on the application is a defect in form or a technical irregularity.

58. (1) For the purposes of this Act, the Minister may

(a) issue guidelines and codes of practice respecting the application of this Act and the regulations and, without limiting the generality of the foregoing, establish criteria to determine whether a project, taking into account the implementation of any appropriate mitigation measures, is likely to cause significant adverse environmental effects or whether such effects are justified in the circumstances;

(b) establish research and advisory bodies;

(c) enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(a), (b), (c) or (d) respecting assessments of environmental effects;

(d) enter into agreements or arrangements with any jurisdiction, within the meaning of subsection 40(1), for the purposes of coordination, consultation, exchange of information and the determination of factors to be considered in relation to the assessment of the environmental effects of projects of common interest;

(e) recommend the appointment of members to bodies established by federal authorities or to bodies referred to in paragraph 40(1)(d), on a temporary basis, for the purpose of facilitating a substitution pursuant to section 43;

(f) establish criteria for the appointment of mediators and members of review panels;

(g) establish criteria for the approval of a substitution pursuant to section 43;

(h) establish criteria for the purposes of an alternative manner of conducting an assessment of the environmental effects of a project referred to in subsection 46(2) or 47(2); and

(i) make regulations prescribing any project or class of projects for which a comprehensive study is required where the Minister is satisfied that the project or any project within that class is likely to have significant adverse environmental effects.

(1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels established under either subsection 33(1) or 40(2).

(2) The Minister and the Minister of Foreign Affairs may enter into agreements or arrangements with any jurisdiction within the meaning of paragraph 40(1)(e) or (f) respecting assessments of environmental effects, including, without limiting the generality of the foregoing, for the purposes of implementing the provisions of any international agreement or arrangement to which the Government of Canada is a party respecting the assessment of environmental effects referred to in subsection 47(1).

(3) The Minister shall provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements, criteria or orders under this section.

(4) Any guidelines, codes of practice, agreements, arrangements, criteria or orders shall be made available to the public.

1992, c. 37, s. 58; 1993, c. 34, s. 39(F); 1994, c. 46, s. 4; 1995, c. 5, s. 25; 2003, c. 9, s. 28.

59. The Governor in Council may make regulations

(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;

(a.1) respecting the duties and functions of the federal environmental assessment coordinator, and respecting the selection or designation of the coordinator;

(b) prescribing, for the purpose of the definition “project” in subsection 2(1), any physical activity or class of physical activities;

(c) exempting any projects or classes of projects from the requirement to conduct an assessment under this Act that

(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,

(ii) in the case of projects in relation to physical works, in the opinion of the Governor in Council, have insignificant environmental effects, or

(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;

(c.1) exempting, in replacement of exemptions made under paragraph (c), in relation to any Crown corporation to which this Act applies or in relation to the Canadian International Development Agency, any projects or classes of projects to be carried out outside Canada and any federal lands from the requirement to conduct an environmental assessment under this Act that

(i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security,

(ii) in the case of projects in relation to a physical work, in the opinion of the Governor in Council, have insignificant environmental effects, or

(iii) have a total cost below a prescribed amount and meet prescribed environmental conditions;

(d) [Repealed, 2003, c. 9, s. 29]

(e) prescribing any body, other than the government of a province, to be a federal authority for the purposes of this Act;

(f) prescribing, for the purposes of paragraph 5(1)(d), the provisions of any Act of Parliament or any instrument made under an Act of Parliament;

(g) prescribing the provisions of any Act of Parliament or any regulation made pursuant to any such Act that confer powers, duties or functions on the Governor in Council, the exercise or performance of which require an environmental assessment under subsection 5(2);

(h) respecting the dissemination by responsible authorities of information relating to projects and the environmental assessment of projects and the establishment, maintenance and operation of project files referred to in section 55.4, including facilities to enable the public to examine physical or electronic records contained in the files, the time and manner in which those records may be examined or copied by the public and the transfer and retention of those records after the completion of any follow-up program;

(h.1) prescribing records or information to be included in the Internet site by the Agency or a responsible authority;

(h.2) respecting the charging of fees for providing copies of documents contained in the Registry;

(h.3) for the purposes of subsection 38(1) or (2) or 53(1), prescribing the manner of designing a follow-up program;

(i) varying or excluding, in the prescribed circumstances, any procedure or requirement of the environmental assessment process set out in this Act or the regulations for the purpose of adapting the process in respect of

(i) projects to be carried out on reserves, surrendered lands or other lands that are vested in Her Majesty and subject to the Indian Act,

(ii) projects to be carried out outside Canada and either outside of federal lands or on federal lands described in paragraph (a) of the definition “federal lands” in subsection 2(1),

(iii) projects to be carried out under international agreements or arrangements entered into by the Government of Canada or a federal authority,

(iv) projects to be carried out within Canada or on federal lands in respect of which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or (c),

(v) projects in respect of which the Canada-Nova Scotia Offshore Petroleum Board established pursuant to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Canada-Newfoundland Offshore Petroleum Board established pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act or other similar boards exercise a power or perform a duty or function referred to in section 5, or

(vi) projects in relation to which there are matters of national security;

(i.1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to an environmental assessment whose conduct a Crown corporation to which this Act applies must ensure, in prescribed circumstances or on any prescribed terms and conditions,

(i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and

(ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by the environmental assessment of those projects whose conduct the Crown corporation ensures;

(i.2) for the purposes of subparagraph (i.1)(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph in the case of projects that are to be carried out outside Canada and outside any federal lands;

(j) for the purposes of section 8, designating Crown corporations that are not federal authorities individually or by class and respecting the manner in which those corporations or classes of corporations conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by corporation or class of corporation;

(j.1) for the purposes of section 8, respecting the application to a Crown corporation that is designated, or is a member of a class that is designated, under a regulation made under paragraph (j) of the laws from time to time in force in any province;

(j.2) varying or excluding any procedure or requirement of this Act or the regulations as it applies to Crown corporations that are federal authorities, individually or by class;

(j.3) for projects to be carried out outside Canada and any federal lands, prescribing, in relation to Crown corporations to which this Act applies, any physical activity or class of physical activities in replacement of those prescribed under paragraph (b);

(k) for the purposes of section 9, respecting the manner of conducting environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;

(k.1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a person or body referred to in subsection 9(1), the exercise or performance of which requires an environmental assessment under paragraph 9(2)(d);

(k.2) prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)(e);

(k.3) for the purposes of section 9.1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province;

(k.4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.3), the exercise or performance of which requires an environmental assessment under paragraph 9.1(2)(d);

(k.5) for the purposes of paragraph 9.1(2)(e), prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.3) must have in the federal lands;

(l) for the purposes of section 10, designating bands individually or by category and respecting the manner of conducting environmental assessments of, and follow-up programs for, projects that are to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a designated band and that is subject to the Indian Act, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by band or category of band;

(l.001) prescribing, for the purposes of paragraph 10(1)(c), provisions of any Act of Parliament or any instrument made under an Act of Parliament that confer powers, duties or functions on a band council;

(l.01) for the purposes of section 10.1,

(i) varying the definition “project” in subsection 2(1),

(ii) respecting the manner of conducting environmental assessments of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.1(2) and respecting any action to be taken in respect of those projects during the assessment process,

(iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no environmental assessment need be carried out by that agency,

(iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or

(v) providing for the application of section 55.6 to the Canadian International Development Agency as if it were a responsible authority;

(l.02) varying or excluding any of the provisions of sections 55 to 55.5 in their application to the Canadian International Development Agency;

(l.03) prescribing, for the purposes of subsection 18(3), circumstances in which a responsible authority shall give the public an opportunity to participate in the screening;

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

(m) prescribing anything that, by this Act, is to be prescribed; and

(n) generally, for carrying out the purposes and provisions of this Act.

1992, c. 37, s. 59; 1993, c. 34, s. 40(F); 1994, c. 46, s. 5; 1998, c. 10, s. 166; 2003, c. 9, s. 29.

60. Notwithstanding this or any other Act of Parliament, where the Governor in Council is of the opinion that a federal authority on which duties and functions are imposed under this Act is unable to perform those duties and functions by reason of a time limitation or other procedural requirement that is binding on the federal authority under an Act of Parliament other than this Act or any regulation made under such an Act, the Governor in Council may, on the recommendation of the Minister and the Minister responsible for the administration of that other Act, make regulations varying the time limitation or other procedural requirement in so far as it applies to those duties and functions and to the extent necessary to permit the federal authority to perform them.