Environmental Assessment of Designated Projects (continued) Environmental Assessment by Responsible Authority (continued) General Rules (continued)

Marginal note:Responsible authority’s obligations

22 The responsible authority with respect to a designated project must ensure that

Marginal note:Information

(2) However, if the responsible authority is of the opinion that there is not sufficient information available to it for the purpose of conducting the environmental assessment or preparing the report with respect to the environmental assessment of the designated project, it may require the collection of any information or the undertaking of any study that, in the opinion of the responsible authority, is necessary for that purpose, including requiring the proponent to collect that information or undertake that study.

23 (1) The responsible authority may, when conducting the environmental assessment of a designated project and preparing the report with respect to the environmental assessment of the designated project, use any information that is available to it.

Marginal note:Public participation

24 Subject to section 28, the responsible authority must ensure that the public is provided with an opportunity to participate in the environmental assessment of a designated project.

Marginal note:Public notice in certain cases — draft report

(2) After taking into account any comments received from the public, the Agency must finalize the report with respect to the environmental assessment of the designated project and submit it to the Minister.

(b) a notice that invites the public to provide comments on the draft report within the period specified and provides the address for filing those comments.

(a) a copy of the draft report or an indication of how a copy may be obtained; and

25 (1) When the responsible authority is the Agency, it must ensure that a draft report with respect to the environmental assessment of a designated project is prepared, and must ensure that the following are posted on the Internet site:

Marginal note:Delegation

(2) For greater certainty, the responsible authority must not make decisions under subsection 27(1) unless it is satisfied that any delegated duty or function has been performed in accordance with this Act.

26 (1) The responsible authority with respect to a designated project may delegate to any person, body or jurisdiction referred to in paragraphs (a) to (f) of the definition jurisdiction in subsection 2(1) the carrying out of any part of the environmental assessment of the designated project and the preparation of the report with respect to the environmental assessment of the designated project, but must not delegate the duty to make decisions under subsection 27(1).

Marginal note:Responsible authority’s or Minister’s decisions

27 (1) The responsible authority or, when the Agency is the responsible authority, the Minister, after taking into account the report with respect to the environmental assessment of the designated project, must make decisions under subsection 52(1).

Marginal note:Time limit for Minister’s decisions (2) The Minister’s decisions must be made no later than 365 days after the day on which the notice of the commencement of the environmental assessment of the designated project is posted on the Internet site.

Marginal note:Extension of time limit by Minister (3) The Minister may extend that time limit by any further period — up to a maximum of three months — that is necessary to permit the Agency to cooperate with a jurisdiction referred to in section 18 with respect to the environmental assessment of the designated project or to take into account circumstances that are specific to the project.

Marginal note:Extension of time limit by Governor in Council (4) The Governor in Council may, on the recommendation of the Minister, extend the time limit extended under subsection (3).

Marginal note:Posting notice of extension on Internet site (5) The Agency must post on the Internet site a notice of any extension granted under subsection (3) or (4).

Marginal note:Excluded period (6) If, under subsection 23(2), the Agency requires the proponent of a designated project to collect information or undertake a study with respect to the designated project, then the period that is taken by the proponent, in the Agency’s opinion, to comply with the requirement is not included in the calculation of the time limit within which the Minister’s decisions must be made.