Establishing Timelines for Comprehensive Studies Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2011-139/FullText.html

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Establishing Timelines for Comprehensive Studies Regulations

SOR/2011-139CANADIAN ENVIRONMENTAL ASSESSMENT ACT
Registration 2011-06-23
Establishing Timelines for Comprehensive Studies Regulations
P.C. 2011-741 2011-06-23His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(a)Footnote a of the Canadian Environmental Assessment ActFootnote b, hereby makes the annexed Establishing Timelines for Comprehensive Studies Regulations.

Return to footnote aS.C. 1994, c. 46, s. 5(1)
Return to footnote bS.C. 1992, c. 37
Interpretation

1 The following definitions apply in these Regulations.

Act
Act means the Canadian Environmental Assessment Act. (Loi)
environmental impact statement guidelines
environmental impact statement guidelines means a document setting out the information that is necessary to enable the Agency to conduct a comprehensive study. (lignes directrices relatives à l’étude d’impact environnemental)

Non-Application

2 These Regulations do not apply to projects for which one of the responsible authorities is the Canadian Nuclear Safety Commission established under section 8 of the Nuclear Safety and Control Act or the National Energy Board established under section 3 of the National Energy Board Act.

Comprehensive Study

3 (1) The Agency must decide, within 90 days after receipt of a project description that includes the information that is set out in the schedule, whether to commence a comprehensive study of the project under subsection 11.01(1) of the Act.
(2) On receipt of the information referred to in subsection (1), the Agency must include a notice indicating the beginning of the 90‑day period on its Internet site.
(3) When the Agency commences a comprehensive study of a project, it must, without delay, advise those federal authorities that are likely to be in possession of specialist or expert information or knowledge that is necessary to conduct the environmental assessment of the project.

4 (1) The Agency must provide the proponent with environmental impact statement guidelines after it includes the notice of commencement of an environmental assessment on the Canadian Environmental Assessment Registry Internet site under paragraph 55.1(2)(a) of the Act.
(2) Environmental impact statement guidelines remain valid for a period of three years beginning on the day on which the Agency provides them to the proponent.
(3) At the request of the proponent, the Agency may renew the guidelines in their original or amended form for another period of three years.

5 (1) The Agency must publish the notice referred to in section 22 of the Act within a period of 365 days that begins on the day on which the notice of commencement of an environmental assessment is included on the Canadian Environmental Assessment Registry Internet site.

(2) Despite subsection (1), the period does not include

(a) any period during which the proponent prepares or collects any information necessary for the Agency to complete the environmental impact statement guidelines or to complete the requirements of the environmental impact statement guidelines, unless the Agency has sufficient information allowing it to otherwise continue the comprehensive study during this period;
(b) any period requested in writing by the proponent; and
(c) any time, to a maximum of 30 days following receipt of the environmental impact statement, needed by the Agency to determine whether the information outlined in the environmental impact statement guidelines has been provided.

Report

6 The Agency must include an annual report on the implementation of these Regulations on its Internet site.

Related Amendments

7 [Amendment]

Coming into Force

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

SCHEDULE(Subsection 3(1))Information To Be Included in a Project Description

General Information

1 The name, nature and proposed location of the project.
2 The name and contact information of the proponent and their primary representative for the purpose of the environmental assessment.
3 A description of and the results of any consultations undertaken with other parties including federal authorities and provincial governments, aboriginal groups, the Canadian public or foreign countries.
4 Other information relevant to the conduct of the environmental assessment including the environmental assessment or regulatory requirements of other jurisdictions.

Project Information

5 A description of the project’s context, purpose and objectives.
6 The sections in the schedule to the Comprehensive Study List Regulations describing the project in whole or in part.
7 A description of the project’s primary components including their purpose, size and capacity.
8 The anticipated production capacity, the production processes to be used, the associated infrastructure and any permanent or temporary structures.
9 A description of all activities to be performed in relation to the project.

10 A description of the project’s location, including:

(a) its geographic coordinates;
(b) site maps at an appropriate scale to be able to determine the overall location of the project and the spatial relationship of the project components;
(c) the legal description of land to be used for the project, including the title, deed or document and any authorization relating to a water lot;
(d) the project’s proximity to other projects and a description of permanent, seasonal or temporary residences in proximity to the project area; and
(e) the project’s proximity to Indian reserves, traditional territory and lands and resources currently used for traditional purposes by aboriginal persons.

11 A description of any solid, liquid, gaseous or hazardous wastes likely to be generated during any phase of the project, and of plans to manage these wastes.
12 A description of the anticipated phases of and schedule for the project’s construction, operation and decommissioning.

Federal Involvement

13 Any federal authority that is, or may be, providing financial support to the project.
14 Any federal land that may be used for the purpose of carrying out the project.
15 Any legislative or regulatory requirements referred to in the Law List Regulations that may be applicable including a list of permits, licences or other authorizations that may be required.

Environmental Effects

16 A description of the physical and biological setting, including components of the environment that are likely to be affected by the project and a summary of potential environmental effects. As appropriate to the circumstances of the project, this should include information on terrain, water bodies, air, vegetation, fish and wildlife including migratory birds and species listed under the Species at Risk Act and their critical habitat, and information on whether the project may affect fish or fish habitat, and navigable waters or any unique or special resources not already identified.
17 The name, width and depth of any waterway affected by the project and a description of how the waterway is likely to be affected.