Acts and Regulations

C-6 - Clean Environment Act

Section 31.1
Disposition versions

Full text
Environmental regulations
31.1(1)Notwithstanding the definition of “environment” in section 1, in this section
“environment” means(environnement)
(a) air, water or soil,
(b) plant and animal life including human life, and
(c) the social, economic, cultural and aesthetic conditions that influence the life of humans or of a community insofar as they are related to the matters described in paragraph (a) or (b);
“environmental impact” means any change to the environment;(impact sur l’environnement)
“environmental impact assessment” means a process by which the environmental impact caused by or resulting from an undertaking is predicted and evaluated;(étude d’impact sur l’environnement)
“proponent” means a person who(promoteur)
(a) carries out or proposes to carry out an undertaking, or
(b) is the owner or person having charge, management or control of an undertaking;
“undertaking” means any enterprise, activity, project, structure, work or program designated by regulation to be an enterprise, activity, project structure, work or program that may, in the opinion of the Lieutenant-Governor in Council, result in a significant environmental impact, and includes a modification, an extension, an abandonment, a demolition and a rehabilitation thereof.(ouvrage)
31.1(2)The Lieutenant-Governor in Council may make regulations
(a) designating enterprises, activities, projects, structures, works or programs, by class or individually, to be enterprises, activities, projects, structures, works or programs that may, in his opinion, result in a significant environmental impact;
(b) requiring the registration of all undertakings prior to their commencement for the purpose of determining whether the undertaking may be carried on
(i) without the completion of an environmental impact assessment, or
(ii) only after the completion of an environmental impact assessment in accordance with the regulations and the receipt of an approval from the Lieutenant-Governor in Council;
(c) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of undertakings that have not proceeded within three years after
(i) a determination was made that completion of an environmental impact assessment was not required, or
(ii) an approval was given following the completion of a required environmental impact assessment;
(d) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of an undertaking if it varies from the undertaking
(i) in relation to which a determination was made that the completion of an environmental impact assessment was not required, or
(ii) for which an approval was given following the completion of a required environmental impact assessment;
(e) Repealed: 1985, c.6, s.5
(f) respecting the documentation required to be submitted in relation to the registration or re-registration of an undertaking;
(g) classifying environmental impact assessments;
(h) respecting the carrying out of environmental impact assessments, including the terms of reference governing such assessments;
(i) respecting the preparation and submission of environmental impact assessment reports;
(j) respecting the establishment of environmental impact assessment review committees and their duties;
(k) respecting the making of reports and statements prepared in relation to environmental impact assessments available to the public;
(l) respecting the holding of public meetings in relation to environmental impact assessments;
(m) respecting the determination of whether or not the completion of an environmental impact assessment is required in relation to an undertaking and respecting the approval of undertakings following the completion of required environmental impact assessments;
(n) respecting the criteria to be considered in determining
(i) whether or not the completion of an environmental impact assessment is required in relation to an undertaking, or
(ii) whether or not an approval should be given in relation to an undertaking following the completion of a required environmental impact assessment;
(o) prohibiting a proponent from carrying on an undertaking unless
(i) a determination has been made that the undertaking may be carried on without the completion of an environmental impact assessment, or
(ii) an approval has been given following the completion of a required environmental impact assessment;
(p) respecting terms and conditions to which determinations or approvals made or given pursuant to regulations made under this section are subject;
(q) authorizing the Minister to issue an order directing the discontinuance of an undertaking carried on in violation of regulations made under this section or in violation of terms and conditions imposed for the undertaking;
(r) respecting the effect of orders made by the Minister under paragraph (q);
(s) respecting the powers and duties in relation to undertakings and environmental impact assessments of inspectors designated under section 23;
(t) respecting fees payable under this section;
(u) respecting the suspension and revocation of determinations or approvals made or given under this section;
(v) respecting the submission to the Minister of drawings, specifications and other information in relation to the carrying on of an undertaking and respecting the submission to the Minister of a schedule or schedules specifying completion dates for stages or components of an undertaking or actions related thereto.
31.1(3)Regulations made under this section may be general or specific in their application.
31.1(4)Regulations made under this section apply only with respect to undertakings commenced after the coming into force of this section.
31.1(5)The Lieutenant-Governor in Council may, subject to such terms and conditions as he may specify, exempt an undertaking from the regulations made under this section.
1983, c.17, s.6; 1985, c.4, s.11; 1985, c.6, s.5; 1991, c.27, s.8; 2003, c.6, s.4; 2003, c.6, s.4
Environmental regulations
31.1(1)Notwithstanding the definition of “environment” in section 1, in this section
“environment” means
(a) air, water or soil,
(b) plant and animal life including human life, and
(c) the social, economic, cultural and aesthetic conditions that influence the life of humans or of a community insofar as they are related to the matters described in paragraph (a) or (b);
“environmental impact” means any change to the environment;
“environmental impact assessment” means a process by which the environmental impact caused by or resulting from an undertaking is predicted and evaluated;
“proponent” means a person who
(a) carries out or proposes to carry out an undertaking, or
(b) is the owner or person having charge, management or control of an undertaking;
“undertaking” means any enterprise, activity, project, structure, work or program designated by regulation to be an enterprise, activity, project structure, work or program that may, in the opinion of the Lieutenant-Governor in Council, result in a significant environmental impact, and includes a modification, an extension, an abandonment, a demolition and a rehabilitation thereof.
31.1(2)The Lieutenant-Governor in Council may make regulations
(a) designating enterprises, activities, projects, structures, works or programs, by class or individually, to be enterprises, activities, projects, structures, works or programs that may, in his opinion, result in a significant environmental impact;
(b) requiring the registration of all undertakings prior to their commencement for the purpose of determining whether the undertaking may be carried on
(i) without the completion of an environmental impact assessment, or
(ii) only after the completion of an environmental impact assessment in accordance with the regulations and the receipt of an approval from the Lieutenant-Governor in Council;
(c) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of undertakings that have not proceeded within three years after
(i) a determination was made that completion of an environmental impact assessment was not required, or
(ii) an approval was given following the completion of a required environmental impact assessment;
(d) requiring, for purposes of a further determination under regulations made pursuant to paragraph (b), the re-registration of an undertaking if it varies from the undertaking
(i) in relation to which a determination was made that the completion of an environmental impact assessment was not required, or
(ii) for which an approval was given following the completion of a required environmental impact assessment;
(e) Repealed: 1985, c.6, s.5
(f) respecting the documentation required to be submitted in relation to the registration or re-registration of an undertaking;
(g) classifying environmental impact assessments;
(h) respecting the carrying out of environmental impact assessments, including the terms of reference governing such assessments;
(i) respecting the preparation and submission of environmental impact assessment reports;
(j) respecting the establishment of environmental impact assessment review committees and their duties;
(k) respecting the making of reports and statements prepared in relation to environmental impact assessments available to the public;
(l) respecting the holding of public meetings in relation to environmental impact assessments;
(m) respecting the determination of whether or not the completion of an environmental impact assessment is required in relation to an undertaking and respecting the approval of undertakings following the completion of required environmental impact assessments;
(n) respecting the criteria to be considered in determining
(i) whether or not the completion of an environmental impact assessment is required in relation to an undertaking, or
(ii) whether or not an approval should be given in relation to an undertaking following the completion of a required environmental impact assessment;
(o) prohibiting a proponent from carrying on an undertaking unless
(i) a determination has been made that the undertaking may be carried on without the completion of an environmental impact assessment, or
(ii) an approval has been given following the completion of a required environmental impact assessment;
(p) respecting terms and conditions to which determinations or approvals made or given pursuant to regulations made under this section are subject;
(q) authorizing the Minister to issue an order directing the discontinuance of an undertaking carried on in violation of regulations made under this section or in violation of terms and conditions imposed for the undertaking;
(r) respecting the effect of orders made by the Minister under paragraph (q);
(s) respecting the powers and duties in relation to undertakings and environmental impact assessments of inspectors designated under section 23;
(t) respecting fees payable under this section;
(u) respecting the suspension and revocation of determinations or approvals made or given under this section;
(v) respecting the submission to the Minister of drawings, specifications and other information in relation to the carrying on of an undertaking and respecting the submission to the Minister of a schedule or schedules specifying completion dates for stages or components of an undertaking or actions related thereto.
31.1(3)Regulations made under this section may be general or specific in their application.
31.1(4)Regulations made under this section apply only with respect to undertakings commenced after the coming into force of this section.
31.1(5)The Lieutenant-Governor in Council may, subject to such terms and conditions as he may specify, exempt an undertaking from the regulations made under this section.
1983, c.17, s.6; 1985, c.4, s.11; 1985, c.6, s.5; 1991, c.27, s.8; 2003, c.6, s.4; 2003, c.6, s.4