CONSOLIDATION

Establishing Timelines for Comprehensive Studies Regulations

SOR/2011-139

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Establishing Timelines for Comprehensive Studies Regulations 1

Interpretation

Non-Application

Comprehensive Study

Report

Related Amendments

Coming into Force SCHEDULE

Information To Be Included in a Project Description

Current to June 20, 2022

ii

Registration SOR/2011-139

June 23, 2011

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Establishing Timelines for Comprehensive Studies Regulations P.C. 2011-741

June 23, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(a)a of the Canadian Environmental Assessment Actb, hereby makes the annexed Establishing Timelines for Comprehensive Studies Regulations.

a

S.C. 1994, c. 46, s. 5(1)

b

S.C. 1992, c. 37

Current to June 20, 2022

Establishing Timelines for Comprehensive Studies Regulations

Interpretation 1 The following definitions apply in these Regulations.

Act means the Canadian Environmental Assessment Act. (Loi) 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.

Current to June 20, 2022

Establishing Timelines for Comprehensive Studies Regulations Comprehensive Study Sections 4-8

(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.

Current to June 20, 2022

Establishing Timelines for Comprehensive Studies Regulations SCHEDULE Information To Be Included in a Project Description

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

Current to June 20, 2022

Establishing Timelines for Comprehensive Studies Regulations SCHEDULE Information To Be Included in a Project Description

(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.

Current to June 20, 2022

