Canada Port Authority Environmental Assessment Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-99-318/FullText.html

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Canada Port Authority Environmental Assessment Regulations

SOR/99-318CANADIAN ENVIRONMENTAL ASSESSMENT ACT
Registration 1999-07-28
Canada Port Authority Environmental Assessment Regulations
P.C. 1999-1324  1999-07-28His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(k)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Canada Port Authority Environmental Assessment Regulations.

Return to footnote aS.C. 1998, c. 10, s. 166
Return to footnote bS.C. 1992, c. 37
Interpretation

1 The definitions in this section apply in these Regulations.

Act
Act means the Canadian Environmental Assessment Act. (Loi)
CPA
CPA means a port authority established under section 8 of the Canada Marine Act. (APC)

Application

2 These Regulations apply where an assessment of the environmental effects of a project has not been completed before the coming into force of these Regulations.

General

3 (1) Subject to subsection (2), a CPA shall conduct an environmental assessment of a project in accordance with these Regulations before exercising a power or performing a duty or function referred to in paragraphs 5(1)(a) to (c) of the Act.

(2) An environmental assessment of a project is not required if

(a) the project is described in the exclusion list;
(b) the project is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or
(c) the project is to be carried out in response to an emergency and carrying out the project at once is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

4 If an environmental assessment of a project is required, the CPA shall conduct it as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

5 The environmental assessment of a project by a CPA shall include, where applicable,

(a) a screening and the preparation of a screening report, if the project is not described in the comprehensive study list;
(b) a comprehensive study and the preparation of a comprehensive study report, if the project is described in the comprehensive study list;
(c) assessment by a review panel and the preparation of a report; and
(d) the design and implementation of a follow-up program.

6 The scope of a project in relation to which an environmental assessment is to be conducted shall be determined by

(a) a CPA; or
(b) if the project is referred to a review panel, the Minister, after consulting with the relevant CPA and the Minister of Transport.

7 A CPA shall not exercise any power or perform any duty or function referred to in section 3 in relation to a project unless it takes a course of action pursuant to subsection 15(1) or section 19 or 28.

8 If there is a CPA and one or more responsible authorities in relation to a project, subsections 12(1) and (2) of the Act apply, with any modifications that are necessary.

9 A CPA may request that any person, body, or jurisdiction, within the meaning of subsection 12(5) of the Act, carry out any part of the screening or comprehensive study of a project including the preparation of the screening report or comprehensive study report, except the requirement to take a course of action under subsection 15(1) or section 19, and may request that the person, body or jurisdiction carry out any part of the design and implementation of a follow-up program.

Screening

10 (1) If a project is not described in the comprehensive study list, the CPA shall ensure that a screening of the project is conducted and a screening report is prepared.

(2) Every screening of a project shall include a consideration of the following factors:

(a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and 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;
(b) the significance of the effects referred to in paragraph (a);
(c) comments from the public that are received as part of an assessment process, if any; and
(d) technically and economically feasible measures that would mitigate any significant adverse environmental effects of the project.

(3) The scope of the factors to be considered under paragraphs (2)(a), (b) and (d) shall be determined by the CPA.

11 (1) If the CPA is aware of any special circumstances of a project that would make the project of interest to the public or if public participation is required by any Act of Parliament or regulation made under it, the CPA shall give the public notice of the screening and shall give the public an opportunity to participate in the screening.
(2) Before taking a course of action under subsection 15(1), if the CPA is aware of any special circumstances of a project that would make the project of interest to the public or if public participation is required by any Act of Parliament or regulation made under it, the CPA shall give the public notice of the screening and an opportunity to examine and comment on the screening report and on any record that has been filed in the public registry established in respect of the project in accordance with section 31.

Model Class Screening Report

12 (1) On the request of the CPA, the Agency may declare a report to be a model class screening report for projects of the same class.

(2) The report referred to in subsection (1) shall

(a) define the class of projects to which it applies;
(b) define the geographic area to which it applies;
(c) include an environmental evaluation of the potential environmental implications of the projects;
(d) establish the screening requirements for projects within the class; and
(e) establish the processes and procedures for implementation of the model class screening report.

13 (1) Before making a declaration under subsection 12(1), the Agency shall

(a) publish a notice in a daily newspaper setting out

(i) the date on which the report will be available to the public,
(ii) the place at which copies of the report may be obtained, and
(iii) the deadline and address for filing comments with the Agency on the appropriateness of the use of the report as a model in conducting screenings of projects within the same class; and

(b) consider any comments filed in respect of the report.

(2) Any declaration referred to in subsection 12(1) shall be published by the Agency and the model class screening report shall be made available to the public by the Agency and at the public registry maintained by the CPA in accordance with section 31.

14 (1) If a project or part of a project is within a class of projects for which a declaration has been made in accordance with subsection 12(1), the CPA may use the model class screening report for the purpose of complying with subsection 10(1).
(2) Where the Agency determines that a model class screening report can no longer be used as a model in conducting screenings of other projects within the same class, the Agency shall declare the report not to be a model class screening report.
(3) Any declaration made under subsection (2) shall be published by the Agency and be made available at the public registry maintained by the CPA in accordance with section 31.

Course of Action

15 (1) A CPA shall take one of the following courses of action in respect of a project after taking into consideration the screening report and comments emanating from public participation in its review:

(a) subject to subparagraph (c)(iii), where, taking into account the implementation of any technically and economically feasible mitigation measures, the project is not likely to cause significant adverse environmental effects, the CPA may exercise any power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act;
(b) where, taking into account the implementation of any technically and economically feasible mitigation measures, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the CPA shall not exercise any power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act; or

(c) the CPA shall refer the project to the Minister of Transport, who will submit it to the Minister for a referral to a review panel if

(i) the CPA is uncertain whether the project, taking into account the implementation of any technically and economically feasible mitigation measures, is likely to cause significant adverse environmental effects,
(ii) the project, taking into account the implementation of any technically and economically feasible mitigation measures, is likely to cause significant adverse environmental effects and paragraph (b) does not apply, or
(iii) public concerns warrant a reference to a review panel.

(2) If a CPA takes a course of action referred to in paragraph (1)(a), it shall

(a) ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented;
(b) design a follow-up program, if appropriate for the project, and arrange for the implementation of that program; and

(c) advise the public of

(i) its course of action in relation to the project,
(ii) any mitigation measures to be implemented with respect to adverse environmental effects of the project,
(iii) any follow-up program designed for the project, and
(iv) the results of any follow-up program.

(3) If a CPA takes a course of action referred to in paragraph (1)(b), it shall file a notice of that course of action in the public registry maintained by the CPA in accordance with section 31.

Comprehensive Study

16 (1) If a project is described in the comprehensive study list, the CPA shall

(a) ensure that a comprehensive study is conducted and a comprehensive study report is prepared and provided to the Agency and the Minister of Transport before or on the date referred to in paragraph 18(1)(a); or
(b) refer the project to the Minister of Transport, who will submit it to the Minister for a referral to a review panel.

(2) In addition to the factors set out in subsection 10(2), each comprehensive study of a project and each assessment by a review panel shall include a consideration of the following factors:

(a) the purpose of the project;
(b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means;
(c) the need for, and the requirements of, any follow-up program for the project; and
(d) the capacity of renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future.

17 The scope of the factors to be taken into consideration under paragraphs 10(2)(a), (b) and (d) and 16(2)(b), (c) and (d) shall be established for each assessment by

(a) a CPA; or
(b) if the project is referred to a review panel, the Minister, after consulting with the CPA and the Minister of Transport.

18 (1) After preparing a comprehensive study report in respect of a project, the CPA shall publish a notice setting out the following information in a manner that brings the notice to the attention of the public:

(a) the date on which the comprehensive study report will be available to the public;
(b) the place at which copies of the report may be obtained; and
(c) a deadline, which shall be a minimum of 30 days, and the address for the filing with the CPA of comments on the conclusions and recommendations of the report.

(2) Any person may submit comments to the CPA relating to the conclusions and recommendations and any other aspect of the comprehensive study report before the deadline referred to in paragraph (1)(c).

19 The CPA shall take one of the courses of action referred to in subsection 15(1) in respect of a project after taking into consideration the comprehensive study report and any comments submitted in accordance with subsection 18(2).

Review Panel

20 The CPA may at any time submit a request that a project be referred to a review panel to the Minister of Transport, who will refer the request to the Minister, if

(a) a project, taking into account the implementation of any technically and economically feasible mitigation measures, may cause significant adverse environmental effects; or
(b) public concerns warrant a reference to a review panel.

21 The Minister, after consulting with the Minister of Transport and the CPA, may at any time or on the request of the CPA under section 20, refer a project to a review panel in accordance with section 29 of the Act based on consideration, in addition to the factors referred to in paragraphs 20(a) and (b), of the following factors:

(a) the level and nature of public concern about the project;
(b) the extent to which the issues of public concern relate to potentially significant environmental effects and to matters under federal jurisdiction;
(c) any scientific or technical information relating to the project;
(d) the extent to which, and the manner in which, the project has undergone an environmental assessment, other government review or public review; and
(e) the likely ability of a review panel, if appointed, to complete its work and contribute to resolving issues of public concern.

22 After consulting with the Minister of Transport and the CPA, the Minister may enter into an agreement or arrangement with an agency or body established pursuant to an Act of Parliament or the legislature of a province and having powers, duties or functions in relation to an assessment of the environmental effects of a project respecting the joint establishment of a review panel and the manner in which an assessment of the environmental effects of the project is to be conducted by the review panel.

23 (1) If a project is referred to a review panel, the Minister shall, after consulting with the Minister of Transport and the CPA, appoint members of the panel and fix the terms of reference of the panel under section 33 of the Act.
(2) The Minister after consulting with the CPA and after considering the nature and complexity of the project, may require that an assessment by a review panel shall include, in addition to the factors set out in subsections 10(2) and 16(2), a consideration of any other matter relevant to the assessment, such as the need for the project and alternatives to the project.

24 A review panel shall conduct its review in accordance with the Procedures for an Assessment by a Review Panel, published by the Agency, as amended from time to time, and with its terms of reference.

25 A review panel shall submit its report to the Minister, the Minister of Transport and the CPA.

26 Sections 34 and 35 of the Act apply to a review panel.

27 (1) Where a review panel submits a report, the Minister of Transport shall, after consulting with and on behalf of the CPA, take into consideration the report and, with the approval of the Governor in Council, respond to the report.
(2) The approval of the response referred to in subsection (1) shall be based on the public interest.
(3) The Governor in Council may, for the purpose of giving the approval referred to in subsection (1), require the review panel to clarify any of the recommendations set out in the report.

28 (1) The CPA shall take one of the following courses of action that is in conformity with the approval of the Governor in Council referred to in section 27:

(a) the CPA may exercise any power or perform any duty or function referred to in paragraphs 5(1) (a) to (c) of the Act, if, taking into account the implementation of any technically and economically feasible mitigation measures,

(i) the project is not likely to cause significant adverse environmental effects, or
(ii) the project is likely to cause significant adverse environmental effects that can be justified in the circumstances; or

(b) the CPA shall not exercise a power or perform any duty or function referred to in paragraphs 5(1)(a) to (c) of the Act if, taking into account the implementation of any technically and economically feasible mitigation measures, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances.

(2) If the CPA takes a course of action referred to in paragraph (1)(a), it shall

(a) ensure that any mitigation measures referred to in that paragraph in respect of the project are implemented;
(b) design a follow-up program, if appropriate for the project, and arrange for the implementation of that program; and

(c) advise the public of

(i) its course of action in relation to the project,
(ii) any mitigation measures to be implemented with respect to adverse environmental effects of the project,
(iii) any follow-up program designed for the project, and
(iv) the results of any follow-up program.

(3) If the CPA takes a course of action referred to in paragraph (1)(b), it shall file a notice of that course of action in the public registry maintained by the CPA in accordance with section 31.

Previous Assessment

29 Section 24 of the Act applies to a CPA, with any modifications that are necessary, with respect to previously conducted environmental assessments.

Termination of Assessment

30 Sections 26 and 27 of the Act apply to a CPA, with any modifications that are necessary, with respect to the termination of an environmental assessment.

Public Registries

31 Subsections 55(1) to (4) of the Act apply to a CPA and to the Agency, with any modifications that are necessary, with respect to public registries.

Coming into Force

32 These Regulations come into force on the day on which they are registered.