61. (1) There is hereby established an agency, to be called the Canadian Environmental Assessment Agency, which shall advise and assist the Minister in performing the duties and functions conferred on the Minister by this Act.

(2) The Minister is responsible for the Agency.

62. The objects of the Agency are

(a) to administer the environmental assessment process and any other requirements and procedures established by this Act and the regulations;

(b) to promote uniformity and harmonization in the assessment of environmental effects across Canada at all levels of government;

(c) to promote or conduct research in matters of environmental assessment and to encourage the development of environmental assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;

(d) to promote environmental assessment in a manner that is consistent with the purposes of this Act;

(e) to promote, monitor and facilitate compliance with this Act and the regulations;

(f) to promote and monitor the quality of assessments conducted under this Act;

(g) to ensure an opportunity for timely public participation in the environmental assessment process; and

(h) to engage in consultation with aboriginal peoples on policy issues related to this Act.

1992, c. 37, s. 62; 2003, c. 9, s. 30.

63. (1) In carrying out its objects, the Agency shall

(a) provide administrative support for mediators and review panels;

(b) provide, on the request of the Minister, administrative support for any research or advisory body that the Minister may establish in the area of environmental assessment;

(c) provide information or training to facilitate the conduct of environmental assessments; and

(d) establish and lead a quality assurance program for assessments conducted under this Act.

(2) In carrying out its objects, the Agency may

(a) undertake studies or activities or conduct research relating to environmental assessment;

(b) advise persons and organizations on matters relating to the assessment of environmental effects;

(b.1) coordinate the development of a response to a report required under paragraph 37(1.1)(a);

(c) negotiate agreements referred to in paragraph 58(1)(c) or (d) on behalf of the Minister;

(d) examine and from time to time report to the Minister on the implementation of the environmental assessment process by responsible authorities;

(e) issue guidelines regarding the records to be kept by responsible authorities in relation to the environmental assessment process concerning projects;

(f) assist parties in building consensus and resolving disputes; and

(g) request federal authorities, and persons and bodies referred to in sections 8 to 10, to provide information respecting assessments that they conduct under this Act.

1992, c. 37, s. 63; 2003, c. 9, s. 31.

64. In exercising its powers and performing its duties and functions under this Act, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

65. (1) The Governor in Council shall appoint an officer to be called the President of the Agency, to hold office during pleasure, who shall be, for the purposes of this Act, a deputy of the Minister.

(2) The President shall be the chief executive officer of the Agency, and may exercise all of the powers of the Minister under this Act as authorized by the Minister.

(3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-President shall act as, and exercise the powers of, the President for the time being.

(4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-President to act as the President for the time being.

(5) The Executive Vice-President, or a person appointed pursuant to subsection (4), shall not act as the President for a period exceeding ninety days without the approval of the Governor in Council.

66. (1) The Governor in Council may appoint an officer, to be called the Executive Vice-President of the Agency, to hold office during pleasure.

(2) The Executive Vice-President shall exercise such powers and perform such duties and functions as the President may assign.

67. The President and the Executive Vice-President shall be paid such remuneration as the Governor in Council may fix.

68. The officers and employees necessary to carry out the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

69. The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

70. (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.

71. (1) The Minister shall report annually to Parliament, within four months after the end of the fiscal year being reported, on the activities of the Agency and the administration and implementation of this Act and regulations during that year.

(2) The annual report to Parliament referred to in subsection (1) shall include a statistical summary of all environmental assessments conducted or completed, under the authority of this Act during the fiscal year being reported.

72. (1) Five years after the coming into force of this section, a comprehensive review of the provisions and operation of this Act shall be undertaken by the Minister.

(2) The Minister shall, within one year after a review is undertaken pursuant to subsection (1) or within such further time as the House of Commons may authorize, submit a report on the review to Parliament including a statement of any changes the Minister recommends.

1992, c. 37, s. 72; 1993, c. 34, s. 41(F); 1994, c. 26, s. 24(F).

73. (1) Each person employed in the Federal Environmental Assessment Review Office, or seconded to that Office from any portion of the public service of Canada, on the day preceding the day on which section 61 comes into force is deemed to have been appointed pursuant to section 68 or seconded, as the case may be, to a position in the Agency of the same occupational nature and at the same level as the position occupied by the person on that preceding day.

(2) Notwithstanding section 28 of the Public Service Employment Act, no person who is deemed under subsection (1) to have been appointed to a position in the Agency is subject to probation unless the person was subject to probation on the day preceding the day of the deemed appointment, and any person who was so subject to probation continues subject thereto only for as long as would have been the case but for this section.

1992, c. 37, s. 73; 1993, c. 34, s. 42(F).

74. (1) The Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984 and registered as SOR/84-467, shall continue to apply in respect of any proposal that prior to the coming into force of this section was referred to the Minister for public review and for which an Environmental Assessment Panel was established by the Minister pursuant to that Order.

(2) The Order referred to in subsection (1) shall continue to apply in respect of any proposal for which an environmental screening or initial assessment under that Order was commenced before the coming into force of this section, but where any such proposal is referred to the Minister for public review pursuant to section 20 of that Order, this Act shall thereupon apply and the Minister may refer the project to a mediator or a review panel in accordance with section 29.

(3) Where a proponent proposes to carry out, in whole or in part, a project for which an environmental screening or an initial assessment was conducted in accordance with the Order referred to in subsection (1), and

(a) the project did not proceed after the assessment was completed,

(b) in the case of a project that is in relation to a physical work, the proponent proposes an undertaking in relation to that work different from that proposed when the assessment was conducted,

(c) the manner in which the project is to be carried out has subsequently changed, or

(d) the renewal of a licence, permit, approval or other action under a prescribed provision is sought,

the responsible authority may use or permit the use of the environmental screening or initial assessment and the report thereon to whatever extent it is appropriate to do so for the purpose of complying with section 18 or 21.

(4) Where the construction or operation of a physical work or the carrying out of a physical activity was initiated before June 22, 1984, this Act shall not apply in respect of the issuance or renewal of a licence, permit, approval or other action under a prescribed provision in respect of the project unless the issuance or renewal entails a modification, decommissioning, abandonment or other alteration to the project, in whole or in part.

75. to 81. [Amendments]

*82. 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.

* [Note: Sections 61 to 70, 73, 75 and 78 to 80 in force December 22, 1994, see SI/95-3; sections 1 to 60, 71, 72, 74, 76 and 77 in force January 19, 1995, see SI/95-11.]