1992, c. 37 Canadian Environmental Assessment Act 1 (1) The definitions “comprehensive study” and “exclusion list” in subsection 2(1) of the  Canadian Environmental Assessment Act  are replaced by the following: comprehensive study  means an environmental assessment that is conducted pursuant to  sections  21  and 21.1 , and that includes a consideration of the factors required to be considered pursuant to subsections 16(1) and (2); ( étude approfondie ) exclusion list  means a list of projects or classes of projects that have been  exempted from the obligation to conduct an assessment by  regulations made under paragraph 59(c)  or (c.1) ; ( liste d'exclusion ) 1998, c. 15, subpar. 50(b)(i) (2) The portion of the definition “federal authority” after paragraph (d) in subsection 2(1) of the Act is replaced by the following: but does not include the Commissioner in Council or an agency or body of the Yukon Territory, the Northwest Territories or Nunavut, a council of the band within the meaning of the  Indian Act , The Hamilton Harbour Commissioners as constituted pursuant to  The Hamilton Harbour Commissioners' Act , a harbour commission established pursuant to the  Harbour Commissions Act , a Crown corporation within the meaning of the  Financial Administration Act , a not for profit corporation that enters into an agreement under subsection 80(5) of the  Canada Marine Act  or a port authority established under that Act; Canadian Environmental Assessment Act Clause 1 : (1) and (2) The definitions “comprehensive study”, “exclusion list” and “federal authority” in subsection 2(1) read as follows: comprehensive study  means an environmental assessment that is conducted pursuant to section 21 and that includes a consideration of the factors required to be considered under subsections 16(1) and (2); ( étude approfondie ) exclusion list  means a list of all projects or classes of projects that have been prescribed pursuant to regulations made under paragraph 59(c); ( liste d'exclusion ) federal authority  means (a) a Minister of the Crown in right of Canada, (b) an agency of the Government of Canada or other body established by or pursuant to an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs, (c) any department or departmental corporation set out in Schedule I or II to the  Financial Administration Act , and (d) any other body that is prescribed pursuant to regulations made under paragraph 59(e), but does not include the Commissioner in Council or an agency or body of the Yukon Territory, the Northwest Territories or Nunavut, a council of the band within the meaning of the  Indian Act , The Hamilton Harbour Commissioners constituted pursuant to  The Hamilton Harbour Commissioners' Act , The Toronto Harbour Commissioners constituted pursuant to  The Toronto Harbour Commissioners' Act, 1911 , a harbour commission established pursuant to the  Harbour Commissions Act , a Crown corporation within the meaning of the  Financial Administration Act , a not for profit corporation that enters into an agreement under subsection 80(5) of the  Canada Marine Act  or a port authority established under that Act; ( autorité fédérale ) 1998, c. 15, subpar. 50(b)(ii) (3) Paragraph (a) of the definition “federal lands” in subsection 2(1) of the Act is replaced by the following: (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut, (3) The relevant portion of the definition “federal lands” in subsection 2(1) reads as follows: federal lands  means (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut and lands the management of which has been granted to a port authority under the  Canada Marine Act  or a not for profit corporation that has entered into an agreement under subsection 80(5) of that Act, (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Registry  means the Canadian Environmental Assessment Registry established under section 55; ( registre ) (4) New. 2 Section 4 of the Act is amended by adding the following after paragraph (b.1): (b.2) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessment processes for projects; (b.3) to promote communication and cooperation between responsible authorities and Aboriginal peoples with respect to environmental assessment; Clause 2 : New. The relevant portion of section 4 reads as follows: 4 The purposes of this Act are 1994, c. 26, s. 23(F) 3 (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following: Exclusions 7 (1) An assessment of a project is not required  under section 5 or sections 8 to 10.1 , where Clause 3 : (1) The relevant portion of subsection 7(1) reads as follows: 7 (1) Notwithstanding section 5, an environmental assessment of a project is not required where (a) the project is described in an exclusion list; (2) Subsection 7(2) of the Act is replaced by the following: Exclusions (2) For greater certainty, an assessment is not required under any of the provisions referred to in this subsection where a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b)  or 10.1(2)(b)  —  or a person or body exercises a power or performs a duty or function referred to in paragraph 8(1.1)(b), 9(2)(b) or 9.1(2)(b)  — in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed. (2) Subsection 7(2) reads as follows: (2) For greater certainty, an environmental assessment is not required where a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed. 4 The Act is amended by adding the following before section 8: Assessments of Environmental Effects Clause 4 : New. 5 Subsection 8(1) of the Act is replaced by the following: Assessments by Crown corporations if regulations in force 8 (1) A Crown corporation, within the meaning of the  Financial Administration Act,  or any corporation controlled by  the Crown  corporation, shall,  if regulations have been made in relation to it under paragraph 59(j) and have come into force , ensure that an assessment of the environmental effects of  a  project under this section is conducted in accordance with  those  regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (1.1) The assessment of the environmental effects of a project under this section shall be conducted where (a) the Crown corporation or corporation controlled by it is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; (b) the Crown corporation or corporation controlled by it makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part; (c) the Crown corporation or corporation controlled by it sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part; (d) under a provision prescribed under paragraph 59(j.2), the Crown corporation or corporation controlled by it issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or (e) in circumstances prescribed by regulations made under paragraph 59(j.3), a project is to be carried out in whole or in part on federal lands that the Crown corporation or corporation controlled by it holds or owns or over which it has administration or management, or in which it has any right or interest specified in those regulations. Clause 5 : Subsection 8(1.1) is new. Subsection 8(1) reads as follows: 8 (1) Before a Crown corporation within the meaning of the  Financial Administration Act  or any corporation controlled by such a corporation exercises a power or performs a duty or function referred to in paragraph 5(1)(a), (b) or (c) in relation to a project, the Crown corporation shall ensure or require the corporation controlled by it to ensure, as the case may be, that an assessment of the environmental effects of the project is conducted in accordance with any regulations made for that purpose under paragraph 59(j) as early as is practicable in the planning stages of the project and before irrevocable decisions are made. 1998, c. 10, s. 165 6 Sections 9 and 10 of the Act are replaced by the following: Assessments by harbour commissions and port authorities 9 (1) The Hamilton Harbour Commissioners as constituted pursuant to  The Hamilton Harbour Commissioners' Act , a harbour commission established pursuant to the  Harbour Commissions Act , a not for profit corporation that enters into an agreement under subsection 80(5) of the  Canada Marine Act  or a port authority established under that Act shall,  if regulations have been made under paragraph 59(k) and have come into force , ensure that an assessment of the environmental effects of  a  project under this section is conducted  in accordance with those regulations  as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) The assessment of the environmental effects of a project under this section shall be conducted where (a) a person or body referred to in subsection (1) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; (b) a person or body referred to in subsection (1) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part; (c) a person or body referred to in subsection (1) sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part; (d) under a provision prescribed under paragraph 59(k.1), a person or body referred to in subsection (1) issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or (e) in circumstances prescribed by regulations made under paragraph 59(k.2), a project is to be carried out in whole or in part on federal lands over which a  person  or body referred to in subsection (1) has administration or management. Prescribed authorities 9.1 (1) If regulations have been made under paragraph 59(k.3) and have come into force, an authority prescribed by those regulations shall ensure that an assessment of the environmental effects of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) The assessment of the environmental effects of a project under this section shall be conducted where (a) the project is to be carried out on federal lands and the prescribed authority is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; (b) the project is to be carried out on federal lands and the prescribed authority makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part; (c) the prescribed authority sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part; (d) the prescribed authority, under a provision prescribed under paragraph 59(k.4), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or (e) in circumstances prescribed by regulations made under paragraph 59(k.5), a project is to be carried out in whole or in part on federal lands over which the prescribed authority has administration or management or any right or interest specified in those regulations. Assessments by band councils under regulations 10 If  a project  is  to be carried out in whole or in part on a reserve that  has been  set apart for the use and benefit of a band and that is subject to the  Indian Act , the council of the band for whose use and benefit the reserve has been set apart shall,  if regulations that apply to the band have been made under paragraph 59(l) and have come into force,  ensure that an assessment of the environmental effects of the project is conducted in accordance with  those  regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Assessments — CIDA 10.1 (1) The Canadian International Development Agency shall, if regulations have been made under paragraph 59(l.01) and have come into force, ensure that an assessment of the environmental effects of a project is conducted under this section in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) An assessment of the environmental effects of a project under this section is required to be conducted where the Canadian International Development Agency (a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; or (b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance for the purpose of enabling the project to be carried out in whole or in part. Replacement for environmental assessment (3) The application of subsection 5(1) to the Canadian International Development Agency is suspended while regulations referred to in subsection (1) are in force. Clause 6 : Sections 9.1 and 10.1 are new. Sections 9 and 10 read as follows: 9 Before the Hamilton Harbour Commissioners constituted pursuant to  The Hamilton Harbour Commissioners' Act , The Toronto Harbour Commissioners constituted pursuant to  The Toronto Harbour Commissioners' Act, 1911 , any harbour commission established pursuant to the  Harbour Commissions Act , a not for profit corporation that enters into an agreement under subsection 80(5) of the  Canada Marine Act  or a port authority established under that Act exercises a power or performs a duty or function referred to in paragraph 5(1)(a), (b) or (c) in relation to a project, it shall ensure that an assessment of the environmental effects of the project is conducted in accordance with any regulations made for that purpose under paragraph 59(k) as early as is practicable in the planning stages of the project and before irrevocable decisions are made. 10 (1) Before a person or body receives financial assistance provided by a federal authority for the purpose of enabling a project to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a band and that is subject to the  Indian Act , the council of the band for whose use and benefit the reserve has been set apart shall ensure that an assessment of the environmental effects of the project is conducted in accordance with any regulations made for that purpose under paragraph 59(l) as early as is practicable in the planning stages of the project and before irrevocable decisions are made. (2) Notwithstanding paragraph 5(1)(b), an environmental assessment of a project is not required by reason only of the provision of financial assistance for the purpose mentioned in subsection (1). 7 The Act is amended by adding the following after section 11: Ministerial orders 11.1 (1) The minister through whom the responsible authority is accountable to Parliament for the conduct of its affairs in respect of a project being assessed under this Act — or, if there is more than one responsible authority in respect of a project, the ministers together — may, by order, prohibit a proponent from doing, until the day on which the responsible authority or authorities take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1), any act or thing that carries out the project being assessed in whole or in part and that would alter the environment. Order in force (2) An order under subsection (1) takes effect on the day on which it is made. Approval of Governor in Council (3) The order ceases to have effect 14 days after it is made unless, within that period, it is approved by the Governor in Council. Exemption from application of  Statutory Instruments Act (4) The order is exempt from the application of sections 3, 5 and 11 of the  Statutory Instruments Act  and shall be published in the  Canada Gazette  within 23 days after it is approved by the Governor in Council. Order not to be reissued (5) If an order has been made under this section prohibiting a particular proponent of a project from doing a particular act or thing, the minister or ministers may not make a subsequent order prohibiting the same proponent from doing the same act or thing. Injunction 11.2 (1) If, on the application of the Attorney General of Canada, it appears to a court of competent jurisdiction that an order made under section 11.1 has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would contravene the order, until the day on which the responsible authority or authorities referred to in that section take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1). Notice (2) At least forty-eight hours before an injunction is issued under subsection (1), notice of the application shall be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest. Clause 7 : New. 8 The Act is amended by adding the following after section 12: Federal Environmental Assessment Coordinator Role 12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants. Duties 12.2 The federal environmental assessment coordinator shall, in accordance with any regulations made under paragraph 59(a.1), (a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified; (b) coordinate their involvement throughout the environmental assessment process; (c) coordinate the responsible authorities' fulfilment of their obligations under subsection 55.2(1) and section 55.3; (d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and (e) coordinate the federal authorities' involvement with other jurisdictions. Powers 12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may, in accordance with any regulations made under paragraph 59(a.1), (a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project; (b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and (c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation. Agency as coordinator 12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if (a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or (b) the project is described in the comprehensive study list. Responsible authority as coordinator (2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is (a) the sole responsible authority in relation to the project; or (b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities — or, if they have not selected one within a reasonable time, the one that is designated by the Agency — in accordance with any regulations made under paragraph 59(a.1). Coordinator by agreement (3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except (a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or (b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree. For greater certainty (4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project. Obligation to comply with coordinator's requests 12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions. Clause 8 : New. 9 The Act is amended by adding the following after section 16: Community knowledge and aboriginal traditional knowledge 16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment. Regional studies 16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a project in the region, particularly in considering 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. Clause 9 : New. 1993, c. 34, s. 23(1)(F) 10 (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following: Screening 18 (1) Where a project is not described in the comprehensive study list or the exclusion list  made under paragraph 59(c) , the responsible authority shall ensure that Clause 10 : (1) The relevant portion of subsection 18(1) reads as follows: 18 (1) Where a project is not described in the comprehensive study list or the exclusion list, the responsible authority shall ensure that (2) Subsection 18(3) of the Act is replaced by the following: Public participation (3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances — or  in prescribed circumstances  — the responsible authority shall give the public an opportunity to examine and comment on the screening report before taking a course of action under section 20  and may, at any stage of the screening that it determines, give the public any other opportunity to participate . (2) Subsection 18(4) is new. Subsection 18(3) reads as follows: (3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances, or where required by regulation, the responsible authority shall give the public notice 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 pursuant to section 55 before taking a course of action under section 20. Timing of public participation (4) The responsible authority's discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c). 1993, c. 34, s. 24(F) 11 Section 19 of the Act is replaced by the following: Class screening reports 19 (1) Subject to subsection (3), the Agency may declare a  report to be a  class screening report  if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied . Use of class screening report (2) The declaration shall include a statement that the class screening report may be used as (a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or (b) a model for streamlining the screening required by section 18 for projects of the class. Public notice and consideration of public comments (3) The Agency shall, before making a declaration pursuant to subsection (1), (a) publish, in  any manner it considers appropriate , a notice setting out the following information, namely, (i) the date on which the  draft  report will be available to the public, (ii) the place at which copies of  it  may be obtained, and (iii) the deadline and address for filing comments on the appropriateness of  its  use as a  replacement or  model  for screenings for  projects  of that  class; and (b) take into consideration any comments filed  under subparagraph (a)(iii) . Publication of declaration (4) Any declaration made pursuant to subsection (1) shall be published in the  Canada Gazette  and,  together with  the report to which it relates  or a description of how a copy of the report may be obtained , shall be  included in  the  Registry . Use of a class screening report as a replacement (5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented. Use of class screening report as a model (6) Where a  responsible authority is satisfied that a  project or part of a project  falls  within a class in respect of which a class screening report has been  made to which paragraph (2)(b) applies , the responsible authority may use or permit the use of that report and  any  screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18. Necessary adjustments (7) Where a responsible authority uses or permits the use of a class screening report  to which paragraph (2)(b) applies , it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out. Declaration to remove class screening report (8) Where the Agency determines that a class screening report  is  no longer  appropriate to  be used as a  replacement or  model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report. Publication (9) Any declaration made pursuant to subsection (8) shall be published in the  Canada Gazette  and  included in  the  Registry . Clause 11 : Section 19 reads as follows: 19 (1) Subject to subsection (2), the Agency may, on the request of the responsible authority and where the Agency determines that a screening report could be used as a model in conducting screenings of other projects within the same class, declare that report to be a class screening report. (2) The Agency shall, before making a declaration pursuant to subsection (1), (a) publish in the  Canada Gazette  a notice setting out the following information, namely, (i) the date on which the screening report will be available to the public, (ii) the place at which copies of the screening report may be obtained, and (iii) the deadline and address for filing comments on the appropriateness of the use of the screening report as a model in conducting screenings of other projects within the same class; and (b) take into consideration any comments filed in respect of the screening report. (3) Any declaration made pursuant to subsection (1) shall be published in the  Canada Gazette  and the screening report to which it  relates  shall be made available to the public at the registry maintained by the Agency. (4) Where a project or part of a project is within a class in respect of which a class screening report has been declared, the responsible authority may use or permit the use of that report and the screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18. (5) Where a responsible authority uses or permits the use of a class screening report, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out. (6) Where the Agency determines that a class screening report can no longer be used as a model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report. (7) Any declaration made pursuant to subsection (6) shall be published in the  Canada Gazette  and the screening report in respect of which it relates shall be removed from the public registry maintained by the Agency. 12 Subsection 20(3) of the Act is replaced by the following: Scope of mitigation measures (2.1) For greater certainty, in determining what mitigation measures it considers appropriate and in ensuring their implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs. Assistance of other federal authority (2.2) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed. Prohibition of actions in furtherance of project (3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made  under it  shall be exercised or performed that would permit that project to be carried out in whole or in part. Clause 12 : Subsections 20(2.1) and (2.2) are new. Subsection 20(3) reads as follows: (3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, (a) the responsible authority shall file a notice of that course of action in the public registry established in respect of the project pursuant to section 55; and (b) notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made thereunder shall be exercised or performed that would permit that project to be carried out in whole or in part. 1993, c. 34, s. 26(F) 13 Section 21 of the Act is replaced by the following: Report and recommendation 21 Where a project is described in the comprehensive study list, the responsible authority shall,  as soon as it is of the opinion that it has sufficient information to do so and has provided an opportunity for public participation, (a) report to the Minister regarding (i) the scope of the project, and the factors to be considered in its assessment, (ii) public concerns in relation to the project, (iii) the potential of the project to cause adverse environmental effects, and (iv) the ability of the comprehensive study to address issues relating to the project; and (b) recommend to the Minister to continue with the environmental assessment by means of a comprehensive study, or to refer the project to a mediator or review panel in accordance with section 29. Minister's decision 21.1 (1) The Minister, taking into account the things with regard to which the responsible authority must report under paragraph 21(a) and the recommendation of the responsible authority under paragraph 21(b), shall, as the Minister considers appropriate, (a) refer the project to the responsible authority so that it may continue the comprehensive study and ensure that a comprehensive study report is prepared and provided to the Minister and to the Agency; or (b) refer the project to a mediator or review panel in accordance with section 29. Decision final (2) Despite any other provision of this Act, if the Minister refers the project to a responsible authority under paragraph (1)(a), it may not be referred to a mediator or review panel in accordance with section 29. Public participation 21.2 Where a project has been referred to a responsible authority under paragraph 21.1(1)(a), the responsible authority shall ensure that the public is provided with an opportunity, in addition to those provided under sections 21 and 22, to participate in the comprehensive study, subject to a decision with respect to the timing of the participation made by the environmental assessment coordinator under paragraph 12.3(c). Clause 13 : Sections 21.1 and 21.2 are new. Section 21 reads as follows: 21 Where a project is described in the comprehensive study list, the responsible authority shall (a) ensure that a comprehensive study is conducted, and a comprehensive study report is prepared and provided to the Minister and the Agency; or (b) refer the project to the Minister for a referral to a mediator or a review panel in accordance with section 29. 14 Section 23 of the Act is replaced by the following: Decision of Minister 23 (1) The Minister shall, after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2), refer the project back to the responsible authority for action under section 37  and issue an environmental assessment decision statement that (a) sets out the Minister's opinion as to whether, taking into account the implementation of any mitigation measures that the Minister considers appropriate, the project is or is not likely to cause significant adverse environmental effects; and (b) sets out any mitigation measures or follow-up program that the Minister considers appropriate, after having taken into account the views of the responsible authorities and other federal authorities concerning the measures and program. More information required (2) Before issuing an environmental assessment decision statement, the Minister shall, if the Minister is of the opinion that additional information is necessary or that there are public concerns that need to be further addressed, request that the federal authorities referred to in paragraph 12.3(a) or the proponent ensure that the necessary information is provided or actions are taken to address those public concerns. Clause 14 : Section 23 reads as follows: 23 The Minister shall take one of the following courses of action in respect of a project after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2): (a) subject to subparagraph (b)(iii), where, taking into account the implementation of any appropriate 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 cannot be justified in the circumstances, the Minister shall refer the project back to the responsible authority for action to be taken under section 37; or (b) where, (i) it is uncertain whether the project, taking into account the implementation of any appropriate mitigation measures, is likely to cause significant adverse environmental effects, (ii) the project, taking into account the implementation of any appropriate mitigation measures, is likely to cause significant adverse environmental effects and subparagraph (a)(ii) does not apply, or (iii) public concerns warrant a reference to a mediator or a review panel, the Minister shall refer the project to a mediator or a review panel in accordance with section 29. 15 Subsection 29(4) of the Act is replaced by the following: When mediation fails (4) Where, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the participants, the Minister shall  order the conclusion of  the mediation. Clause 15 : Subsection 29(4) reads as follows: (4) Where at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation of any issue subject to the mediation is not likely to produce a result that is satisfactory to all the participants to the mediation, the Minister shall terminate the mediation of the issue and refer the issue to a review panel. 16 Subsection 32(1) of the French version of the Act is replaced by the following: Rapport du médiateur 32 (1) Dès  la fin  de la médiation, le médiateur présente un rapport au ministre et à l'autorité responsable. Clause 16 : Subsection 32(1) reads as follows: 32 (1) A mediator shall, at the conclusion of the mediation, prepare and submit a report to the Minister and to the responsible authority. 17 (1) Subsection 35(3) of the Act is replaced by the following: Hearings to be public (3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness  or specific harm to the environment  by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1). Clause 17 : (1) Subsection 35(3) reads as follows: (3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1). (2) Section 35 of the Act is amended by adding the following after subsection (4): Non-disclosure (4.1) Where a review panel is satisfied that the disclosure of evidence, documents or other things would cause specific harm to the environment, the evidence, documents or things are privileged and shall not, without the authorization of the review panel, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to this Act. (2) New. 1994, c. 46, s. 3(1) 18 (1) The portion of subsection 37(1) of the Act before paragraph (a) is replaced by the following: Decision of responsible authority 37 (1) Subject to  subsections  (1.1)  to (1.3) , the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to  subsection  23 (1) , the comprehensive study report: Clause 18 : (1) The relevant portion of subsection 37(1) reads as follows: 37 (1) Subject to subsection (1.1), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to paragraph 23(a), the comprehensive study report: (2) Section 37 of the Act is amended by adding the following after subsection (1.1): Federal authority (1.2) Where a response to a report is required under paragraph (1.1)(a) and there is, in addition to a responsible authority, a federal authority referred to in paragraph 5(2)(b) in relation to the project, that federal authority may act as a responsible authority for the purposes of that response. This subsection applies in the case of a federal authority within the meaning of paragraph (b) of the definition “federal authority” in subsection 2(1) if the Minister through whom the authority is accountable to Parliament agrees. Approval of Governor in Council (1.3) Where a project is referred back to a responsible authority under subsection 23(1) and the Minister issues an environmental assessment decision statement to the effect that the project is likely to cause significant adverse environmental effects, no course of action may be taken by the responsible authority under subsection (1) without the approval of the Governor in Council. (2) New. (3) Subsection 37(3) of the Act is replaced by the following: Scope of mitigation measures (2.1) For greater certainty, in determining what mitigation measures it considers appropriate and in ensuring their implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs. Assistance of other federal authority (2.2) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed. Prohibition: proceeding with project (3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made  under it  shall be exercised or performed that would permit that project to be carried out in whole or in part. (3) Subsections 37(2.1) and (2.2) are new. Subsection 37(3) reads as follows: (3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project, (a) the responsible authority shall file a notice of that course of action in the public registry established in respect of the project pursuant to section 55; and (b) notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made thereunder shall be exercised or performed that would permit that project to be carried out in whole or in part. 1993, c. 34, s. 30(F) 19 Section 38 of the Act is replaced by the following: Consideration of follow-up — decision under paragraph 20(1)(a) 38 (1) Where a responsible authority takes a course of action  under  paragraph 20(1)(a), it shall  consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall  design  a  follow-up program  in accordance with any regulations  made under paragraph 59(h.1) and  ensure its  implementation. Mandatory follow-up — decision under paragraph 37(1)(a) (2) Where a responsible authority takes a course of action under paragraph 37(1)(a), it shall design a follow-up program for the project in accordance with any  regulations  made under paragraph 59(h.1) and ensure its implementation. Scope of follow-up program (3) In designing a follow-up program and in ensuring its implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs. Assistance of other federal authority (4) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a follow-up program on which the federal authority and the responsible authority have agreed. Follow-up programs (5) The results of follow-up programs may be used for implementing adaptive management measures and for improving the quality of future environmental assessments. Clause 19 : Section 38 reads as follows: 38 (1) Where a responsible authority takes a course of action pursuant to paragraph 20(1)(a) or 37(1)(a), it shall, in accordance with any regulations made for that purpose, design any follow-up program that it considers appropriate for the project and arrange for the implementation of that program. (2) A responsible authority referred to in subsection (1) shall, in accordance with any regulations made for that purpose, advise the public of (a) its course of action in relation to the project; (b) any mitigation measures to be implemented with respect to the adverse environmental effects of the project; (c) the extent to which the recommendations set out in any report submitted by a mediator or a review panel have been adopted and the reasons for not having adopted any of those recommendations; (d) any follow-up program designed for the project pursuant to subsection (1); and (e) any results of any follow-up program. 1993, c. 34, s. 31(1)(F) 20 Subsection 40(2) of the Act is replaced by the following: Review panels established jointly with another jurisdiction (2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act, the Minister (a) may enter into an agreement or arrangement with  a  jurisdiction  referred to in paragraph (1)(a), (b), (c) or (d) that has powers, duties or functions in relation to the assessment of the environmental effects of the 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; and (b) shall, in the case of a jurisdiction within the meaning of subsection 12(5)  that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it , offer to consult and cooperate with that other jurisdiction respecting the assessment of the environmental effects of the project. Clause 20 : Subsection 40(2) reads as follows: (2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act and a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister (a) may enter into an agreement or arrangement with that jurisdiction 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; and (b) shall, in the case of a jurisdiction within the meaning of subsection 12(5), offer to consult and cooperate with that other jurisdiction respecting the assessment of the environmental effects of the project. 21 Paragraph 41(d) of the Act is replaced by the following: (d) the review panel is to have the powers  and immunities  provided for in section 35; Clause 21 : The relevant portion of section 41 reads as follows: 41 An agreement or arrangement entered into pursuant to subsection 40(2) or (3), and any document establishing a review panel under subsection 40(2.1), shall provide that the assessment of the environmental effects of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that ...   (d) the review panel is to have the powers provided for in section 35; 22 Subsection 46(1) of the Act is replaced by the following: Transboundary and related environmental effects 46 (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province. Clause 22 : Subsection 46(1) reads as follows: 46 (1) Where no power, duty or function referred to in section 5 or conferred by or under any other Act of Parliament or regulation is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province. 1995, c. 5, par. 25(1)(b) 23 Subsection 47(1) of the Act is replaced by the following: International environmental effects 47 (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands. Clause 23 : Subsection 47(1) reads as follows: 47 (1) Where no power, duty or function referred to in section 5 or conferred by or under any other Act of Parliament or regulation is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project occurring both outside Canada and outside federal lands. 24 (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following: Environmental effects of projects carried out on lands of federal interest 48 (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on Clause 24 : (1) The relevant portion of subsection 48(1) reads as follows: 48 (1) Where no power, duty or function referred to in section 5 or conferred by or under any other Act of Parliament or regulation is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on (2) The portion of subsection 48(2) of the Act before paragraph (a) is replaced by the following: Environmental effects of projects carried out on reserve lands, etc. (2) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out on (2) The relevant portion of subsection 48(2) reads as follows: (2) Where no power, duty or function referred to in section 5 or conferred by or under any other Act of Parliament or regulation is to be exercised or performed by a federal authority in relation to a project that is to be carried out on (3) Subsection 48(5) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d): (e) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart; (f) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim representing the aboriginal people or that party's successor; and (g) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation. (3) New. The relevant portion of subsection 48(5) reads as follows: (5) At least ten days before a reference is made pursuant to subsection (1) or (2), the Minister shall give notice of the intention to do so to 1993, c. 34, s. 37(F) 25 Subsections 54(2) and (3) of the Act are replaced by the following: International agreement or arrangement (2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b)  or 10.1(2)(b)  in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with (a) this Act and the regulations; or (b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out. Exception (3) Subsection (1) or (2) does not apply in respect of an agreement or arrangement referred to in that subsection where the federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b)  or 10.1(2)(b)  in relation to the projects in respect of which the agreement or arrangement applies after the essential details of the projects are specified. Clause 25 : Subsections 54(2) and (3) read as follows: (2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with (a) this Act and the regulations; or (b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out. (3) Subsection (1) or (2) does not apply in respect of an agreement or arrangement referred to in that subsection where the federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) in relation to the projects in respect of which the agreement or arrangement applies after the essential details of the projects are specified. 1993, c. 34, s. 38(F) 26 Section 55 of the Act and the heading before it are replaced by the following: Canadian Environmental Assessment Registry Establishment and maintenance 55 (1) For the purposes of providing notice in a timely manner of environmental assessments and of facilitating public access to records relating to them, the Agency shall establish and maintain an electronic registry to be called the Canadian Environmental Assessment Registry. Contents (2) Subject to subsection (3), the Registry shall contain (a) notice of the commencement of an environmental assessment, except where a class screening report is used under subsection 19(5) or (6); (b) an agreement contemplated by subsection 12.4(3); (c) a statement of the projects in respect of which a class screening report is used under subsection 19(5) or (6); (d) any declaration referred to in subsection 19(4) and the report to which it relates or a description of how a copy of the report may be obtained, and any declaration referred to in subsection 19(9); (e) notice of termination of an environmental assessment by a responsible authority under section 26; (f) notice of termination of an environmental assessment by the Minister under section 27; (g) any public notices that are issued by responsible authorities or the Agency to request public input into an environmental assessment; (h) notice of a decision of the Minister to refer a project under paragraph 21.1(1)(a); (i) the screening or comprehensive study report taken into consideration by a responsible authority for the purpose of a decision under section 20 or 37 or a description of how a copy of the report may be obtained, except where a class screening report is used under subsection 19(5) or (6); (j) an environmental assessment decision statement under subsection 23(1) or a request made under subsection 23(2); (k) notice of the referral of a project to a mediator or review panel; (l) if the Minister has ordered the conclusion of a mediation under subsection 29(4), notice of the order; (m) a report of a mediator or review panel or a summary of the report; (n) a response under paragraph 37(1.1)(a) by a responsible authority — or under subsection 37(1.2) by a federal authority — to the report of a mediator or review panel; (o) a responsible authority's environmental assessment decision made under section 20 or 37, except where a class screening report is used under subsection 19(5) or (6); (p) a description summarizing any follow-up program and its results or an indication of how a full description of the program and its results may be obtained; (q) any other information that the responsible authority or the Agency, as the case may be, considers appropriate, including information in the form of a list of relevant documents in which case a description of where they may be obtained shall be provided; and (r) any other record or information prescribed under paragraph 59(h). Form and manner of Registry (3) The Agency may determine (a) what the form of the Registry is to be and how it is to be kept; (b) how records and information are to be included in it; (c) what information must be contained in any record referred to in subsection (2); (d) when information must be contained in the Registry and when it may be removed from it; and (e) how access to the Registry is to be provided. Duty to contribute records — Agency 55.1 (1) The Agency shall ensure that the records referred to in paragraphs 55(2)(b), (d), (h) and (j) are included in the Registry. In the case of mediation or review panel (2) The Agency shall, in the case of a mediation or an assessment by a review panel, ensure that the records referred to in paragraphs 55(2)(f), (g), (k), (l), (m), (n), (p) and (q), and any record or information referred to in paragraph 55(2)(r), are included in the Registry. Duty to contribute records — responsible authorities 55.2 (1) A responsible authority shall, in the case of a screening or a comprehensive study, ensure that the records referred to in paragraphs 55(2)(a), (e), (g), (i), (o), (p) and (q), and any record or information referred to in paragraph 55(2)(r), are included in the Registry. Statement — paragraph 55(2)(c) (2) A responsible authority shall ensure that the statement referred to in paragraph 55(2)(c) is included in the Registry every three months or with any other frequency to which it agrees with the Agency. Third party information 55.3 (1) For the purposes of sections 55.1 and 55.2, the Agency or a responsible authority, as the case may be, shall ensure that no information, the disclosure of which would be prohibited under section 20 of the  Access to Information Act , is included in the Registry. Applicability of sections 27, 28 and 44 of  Access to Information Act  to third party information (2) Sections 27, 28 and 44 of the  Access to Information Act  apply to any  information described in subsection 27(1) of that Act that the Agency  or a responsible authority intends  be included in the Registry  with  any  modifications  that  the circumstances require,  including the following : (a) the information is  deemed to be  a record  that the  head of a government institution  intends to disclose; and (b) any reference to the person who requested access shall be disregarded. Protection from civil proceeding or prosecution 55.4 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority,  the Agency  or the Minister, or against any person acting on behalf of  them  or under  their  direction, and no proceedings lie against the Crown,  the Agency  or any responsible authority, for the disclosure in good faith of any record or any part of a record pursuant to this Act  or  for any consequences that flow from that disclosure or for the failure to give any notice required under section 27  or 28  of the  Access to Information Act  if reasonable care is taken to give the required notice. Clause 26 : Sections 55.1 to 55.4 are new. Section 55 and the heading before it read as follows: Access to Information 55 (1) For the purpose of facilitating public access to records relating to environmental assessments, a public registry shall be established and operated in a manner to ensure convenient public access to the registry and in accordance with this Act and the regulations in respect of every project for which an environmental assessment is conducted. (2) The public registry in respect of a project shall be maintained (a) by the responsible authority from the commencement of the environmental assessment until any follow-up program in respect of the project is completed; and (b) where the project is referred to a mediator or a review panel, by the Agency from the appointment of the mediator or the members of the review panel until the report of the mediator or review panel is submitted to the Minister. (3) Subject to subsection (4), a public registry shall contain all records produced, collected, or submitted with respect to the environmental assessment of the project, including (a) any report relating to the assessment; (b) any comments filed by the public in relation to the assessment; (c) any records prepared by the responsible authority for the purposes of section 38; (d) any records produced as the result of the implementation of any follow-up program; (e) any terms of reference for a mediation or a panel review; and (f) any documents requiring mitigation measures to be implemented. (4) A public registry shall contain a record referred to in subsection (3) if the record falls within one of the following categories: (a) records that have otherwise been made available to the public in carrying out the assessment pursuant to this Act and any additional records that have otherwise been made publicly available; (b) any record or part of a record that the responsible authority, in the case of a record under its control, or the Minister, in the case of a record under the Agency's control, determines would have been disclosed to the public in accordance with the  Access to Information Act  if a request had been made in respect of that record under that Act at the time the record comes under its control, including any record that would be disclosed in the public interest pursuant to subsection 20(6) of that Act; and (c) any record or part of a record, except a record or part containing third party information, if the responsible authority, in the case of a record under the responsible authority's control, or the Minister, in the case of a record under the Agency's control, believes on reasonable grounds that its disclosure would be in the public interest because it is required in order for the public to participate effectively in the assessment. (5) Sections 27, 28 and 44 of the  Access to Information Act  apply, with such modifications as the circumstances require, to any determination made under paragraph (4)(b) in respect of third party information, and, for the purpose of section 27 of that Act, any record referred to in paragraph (4)(b) shall be deemed to be a record that the responsible authority or the Minister intends to disclose and, for the purpose of applying that Act, any reference in that Act to the person who requested access shall be disregarded if no person has requested access to the information. (6) Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority or the Minister, or against any person acting on behalf of or under the direction of a responsible authority or the Minister, and no proceedings lie against the Crown or any responsible authority for the disclosure in good faith of any record or any part of a record pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under section 27 or any other provision of the  Access to Information Act  if reasonable care is taken to give the required notice. (7) For the purposes of this section, “third party information” means (a) trade secrets of a third party; (b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; and (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party. 27 The heading before section 56 of the Act is replaced by the following: Relevant Information Clause 27 : The heading before section 56 reads as follows: Statistical Summary 28 The Act is amended by adding the following after section 56: Information required in support of quality assurance program 56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with the information respecting the assessments that they conduct under this Act that the Agency considers necessary in support of a quality assurance program that it establishes. Clause 28 : New. 1994, c. 46, s. 4(2) 29 Subsection 58(1.1) of the Act is replaced by the following: Participant funding (1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in  comprehensive studies , mediations and assessments by review panels  established under either subsection 33(1) or 40(2) . Clause 29 : Subsection 58(1.1) reads as follows: (1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in mediations and assessments by review panels. 30 (1) Section 59 of the Act is amended by adding the following after paragraph (a): (a.1) respecting the duties and functions of the federal environmental assessment coordinator, and respecting the selection or designation of the coordinator; 1993, c. 34, s. 40(1)(F) (2) Paragraph 59(c) of the Act is replaced by the following: (c) exempting  any  projects  or  classes  of projects  from the requirement to conduct an assessment under this Act that (i) in the opinion of the Governor in Council, ought not to be assessed  for reasons of national security, (ii) in the case of  projects  in relation to physical  works, in the opinion of the Governor in Council, have insignificant environmental effects, or (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions; (c.1) exempting, in replacement of exemptions made under paragraph (c), in relation to any corporation referred to in section 8 and designated in the regulations individually or by class or in relation to the Canadian International Development Agency, any projects or classes of projects to be carried out outside Canada and any federal lands from the requirement to conduct an assessment under either section 8 or 10.1 that (i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security, (ii) in the case of projects in relation to a physical work, in the opinion of the Governor in Council, have insignificant environmental effects, or (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions; (3) Paragraph 59(h) of the Act is replaced by the following:

 (h) prescribing records or information to be  included in  the Registry by the Agency or a responsible authority, and respecting the charging of fees  for providing copies of documents contained either in a list of relevant documents contained in the Registry or in the Registry itself; (h.1) for the purposes of subsection 38(1) or (2) or 53(1), prescribing the manner of designing a follow-up program; 1993, c. 34, s. 40(2)(F); 1998, c. 10, s. 166 (4) Paragraphs 59(j) to (l) of the Act are replaced by the following: (i.1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to assessment of environmental effects conducted in accordance with section 8, in prescribed circumstances or on any prescribed terms and conditions, (i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and (ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by an assessment of the environmental effects of those projects conducted in accordance with section 8; (i.2) for the purposes of subparagraph (i.1)(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph; (j) for the purposes of section 8, designating corporations referred to in section 8 individually or by class and  respecting the manner  in which those corporations or classes of corporations conduct  assessments of the environmental effects of, and follow-up programs for, projects,  as well as  any action to be taken in respect of projects during the assessment process —  which manners and actions may vary by corporation or class of corporation  — and, for those purposes, respecting the application of the laws from time to time in force in any province; (j.1) for the purposes of section 8 and for projects to be carried out outside Canada and any federal lands, prescribing, in relation to any corporation designated in a regulation made under paragraph (j), any physical activity or class of physical activities in replacement of those prescribed under paragraph (b); (j.2) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a corporation referred to in section 8, the exercise or performance of which requires an assessment of the environmental effects under paragraph 8(1.1)(d); (j.3) prescribing the circumstances in which a corporation referred to in section 8 must ensure that an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands is conducted, and specifying the right or interest that it must have in the federal lands, for the purposes of paragraph 8(1.1)(e); (k) for the purposes of section 9 , respecting the manner of conducting assessments of the environmental effects of, and follow up programs for, projects,  as well as  any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province; (k.1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a body referred to in subsection 9(1), the exercise or performance of which requires an assessment of environmental effects under paragraph 9(2)(d); (k.2) prescribing the circumstances in which an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)(e); (k.3) for the purpose of section 9.1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct assessments of the environmental effects of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province; (k.4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.3), the exercise or performance of which requires an assessment of the environmental effects under paragraph 9.1(2)(d); (k.5) for the purposes of paragraph 9.1(2)(e), prescribing the circumstances in which an assessment of the environmental effects of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.3) must have in the federal lands; (l) for the purposes of section 10, designating bands individually or by class and  respecting the manner  in which those bands or classes of bands shall  conduct  assessments  of the environmental effects of, and follow-up programs for,  projects that are  to be carried out in whole or in part on a reserve that is set apart for the use and benefit of  a designated band  and that is subject to the  Indian Act ,  as well as  any action to be taken in respect of  projects  during the assessment process , which manners and actions may vary by band or class of band ; (l.01) for the purposes of section 10.1, (i) varying the definition “project” in subsection 2(1), (ii) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.1(2) and respecting any action to be taken in respect of those projects during the assessment process, (iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no assessment of environmental effects need be carried out by that agency, (iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or (v) providing for the application of section 55.4 to the Canadian International Development Agency as if it were a responsible authority; (l.02) varying or excluding any of the provisions of sections 55 to 55.3 in their application to the Canadian International Development Agency; Clause 30 : (1) to (4) Paragraphs 59(a.1), (c.1), (h.1), (i.1), (i.2), (j.1) to (j.3), (k.1) to (k.5), (l.01) and (l.02) are new. The relevant portion of section 59 reads as follows: 59 The Governor in Council may make regulations ...   (c) prescribing any project or class of projects for which an environmental assessment is not required where the Governor in Council is satisfied that (i) an environmental assessment of the project would be inappropriate for reasons of national security, or (ii) in the case of a project in relation to a physical work, the environmental effects of the project are insignificant or the contribution of the responsible authority to the project in exercising powers or performing duties or functions referred to in section 5 in relation to the project is minimal; ...   (h) respecting the dissemination by responsible authorities of information relating to projects and the environmental assessment of projects and the establishment, maintenance and operation of a public registry, including facilities to enable the public to examine physical or electronic records contained in the registry, the time and manner in which those records may be examined or copied by the public and the charging of fees therefor, and the transfer and retention of those records after the completion of any follow-up program; ...   (j) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for projects for which a Crown corporation within the meaning of the  Financial Administration Act  or any corporation controlled by such a corporation exercises a power or performs a duty or function referred to in paragraph 5(1)(a), (b) or (c), respecting any action to be taken in respect of those projects during the environmental assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province; (k) respecting the manner of conducting assessments of the environmental effects of, and follow up programs for, projects for which The Hamilton Harbour Commissioners constituted pursuant to  The Hamilton Harbour Commissioners' Act , The Toronto Harbour Commissioners constituted pursuant to  The Toronto Harbour Commissioners' Act, 1911 , any harbour commission established pursuant to the  Harbour Commissions Act , a not for profit corporation that enters into an agreement under subsection 80(5) of the  Canada Marine Act  or a port authority established under that Act, exercises a power or performs a duty or function referred to in paragraph 5(1)(a), (b) or (c), respecting any action to be taken in respect of those projects during the environmental assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province; (l) respecting the manner of conducting any assessment of the environmental effects of, and follow-up programs for a project for which a person or body receives financial assistance provided by a federal authority for the purpose of enabling the project to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a band and that is subject to the  Indian Act , and respecting any action to be taken in respect of that project during the environmental assessment process; 31 Section 62 of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after that paragraph: (d.1) to promote and monitor compliance with this Act and the quality of assessments conducted under this Act; and Clause 31 : New. The relevant portion of section 62 reads as follows: 62 The objects of the Agency are 32 (1) Subsection 63(1) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) establish and lead a quality assurance program for assessments conducted under this Act. Clause 32 : (1) New. The relevant portion of subsection 63(1) reads as follows: 63 (1) In carrying out its objects, the Agency shall (2) Subsection 63(2) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (e): (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. (2) New. The relevant portion of subsection 63(2) reads as follows: (2) In carrying out its objects, the Agency may Transitional Provision Non-application of amended provisions to assessments already commenced 33 Any environmental assessment or assessment of the environmental effects of a project commenced under the  Canadian Environmental Assessment Act  before this section comes into force shall be continued and completed as if this Act had not been enacted. Coming Into Force Coming into force 34 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.