Jobs and Economic Growth Act (S.C. 2010, c. 12)
Assented to 2010-07-12
Marginal note:Non-application of Statutory Instruments Act
2142. The Statutory Instruments Act does not apply to a directive.
Marginal note:Tabling in Parliament
2143. (1) The Minister is to cause a copy of a directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the directive is issued.
Marginal note:Exception — detrimental information
(2) However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to Canada’s interests or the commercial interests of AECL or the corporation or other entity to whom the directive is issued, as the case may be, the Minister is to cause a copy of the directive to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which he or she is notified that the directive has been implemented.
(3) The Minister must consult the board of directors of AECL or the corporation, or the person or group of persons acting in a similar capacity for the entity, before forming an opinion whether publishing information contained in the directive would be detrimental.
Marginal note:Application of proceeds of disposition
2144. AECL or a corporation or other entity referred to in subsection 2141(1) must pay the proceeds from the sale or other disposition of any assets, securities or liabilities under that subsection to the Receiver General.
Marginal note:Financial Administration Act
2145. Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 2139 to 2141.
2146. On the requisition of the Minister and with the concurrence of the Minister of Finance, there may be paid out of the Consolidated Revenue Fund any amount that is required to carry out a measure referred to in sections 2139 to 2141.
R.S., c. A-16; 1997, c. 9, s. 89Nuclear Energy Act
2147. Subsection 11(2) of the Nuclear Energy Act is replaced by the following:
Marginal note:Agent of Her Majesty
(2) A company that is a Crown corporation within the meaning of subsection 83(1) of the Financial Administration Act is for all its purposes an agent of Her Majesty in right of Canada.
Coming into Force
Marginal note:Order in council
2148. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.
PART 19PARTICIPANT FUNDING PROGRAMS
R.S., c. N-7National Energy Board Act
2149. The National Energy Board Act is amended by adding the following after section 16.2:
Marginal note:Participant funding program
16.3 For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24.
1997, c. 9Nuclear Safety and Control Act
2150. (1) Subsection 21(1) of the Nuclear Safety and Control Act is amended by adding the following after paragraph (b):
(b.1) establish and maintain a participant funding program to facilitate the participation of the public in proceedings under this Act;
(2) Paragraph 21(1)(g) of the Act is replaced by the following:
(g) charge any fees that may be prescribed for any information, product or service that it provides under this Act or for the participant funding program that it establishes and maintains under this Act;
2151. (1) Paragraph 44(1)(i) of the Act is replaced by the following:
(i) prescribing the fees that may be charged for the provision, by the Commission, of information, products and services or for the participant funding program that it establishes and maintains;
(2) Subsection 44(2) of the Act is replaced by the following:
Marginal note:Amount not to exceed cost
(2) The fees referred to in paragraph (1)(i) may not exceed a reasonable estimate of the cost of providing the information, product or service or of the costs of the participant funding program.
PART 20ENVIRONMENTAL ASSESSMENT
1992, c. 37Canadian Environmental Assessment Act
Amendments to the Act
Marginal note:2003, c. 9, s. 1(1)
2152. The definitions “comprehensive study” and “comprehensive study list” in subsection 2(1) of the Canadian Environmental Assessment Act are replaced by the following:
« étude approfondie »
“comprehensive study” means an environmental assessment that is conducted under section 21, and that includes a consideration of the factors required to be considered under subsections 16(1) and (2);
“comprehensive study list”
« liste d’étude approfondie »
“comprehensive study list” means a list of all projects or classes of projects that have been prescribed by regulations made under paragraph 58(1)(i);
2153. The Act is amended by adding the following after section 7:
7.1 (1) The following definitions apply in this section and in the schedule.
« bâtiment »
“building” means a roofed physical work.
“environmentally sensitive area”
« région écosensible »
“environmentally sensitive area” means an area protected for environmental reasons in regional or local land use plans, or by a local, regional, provincial or federal government body.
« agrandissement »
“expansion” means an increase in the exterior dimensions or the production capacity of a physical work.
« canal historique »
“historic canal” has the same meaning as in section 2 of the Historic Canals Regulations and includes any federal lands appertaining or incident to a historic canal.
“intelligent transportation system”
« système de transport intelligent »
“intelligent transportation system” means a system that uses technologies to improve the efficiency, safety and reliability of a transportation network.
« modification »
“modification” means an alteration to a physical work that does not alter the purpose or function of the work. It does not include an expansion or a relocation.
“national historic site”
« lieu historique national »
“national historic site” means a place that is marked or otherwise commemorated under paragraph 3(a) of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency.
« parc national »
“national park” means a park named and described in Schedule 1 to the Canada National Parks Act, or a park established under a federal-provincial agreement that is under the responsibility of the Minister.
« réserve »
“park reserve” means a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act or a reserve established under a federal-provincial agreement that is under the responsibility of the Minister.
« plan d’eau »
“water body” includes a lake, a canal, a reservoir, an ocean, a river and its tributaries and a wetland, up to the annual high-water mark, but does not include a sewage or waste treatment lagoon, a mine tailings pond, an artificial irrigation pond, a dugout or a ditch that does not contain fish habitat as defined in subsection 34(1) of the Fisheries Act.
Marginal note:Projects set out in schedule
(2) An environmental assessment is not required under section 5 or sections 8 to 10.1 for the projects and classes of projects that are set out in the schedule and that are to be carried out in places other than a national park, park reserve, national historic site or historic canal and that are funded under any of the following plans, funds or initiatives:
(a) the plan referred to in Building Canada: Modern Infrastructure for a Strong Canada published under ISBN 978-0-662-05130-5;
(c) the funds referred to in sections 300 and 303 of the Budget Implementation Act, 2009 or the initiatives referred to in sections 309 to 315 of that Act;
(d) the Recreational Infrastructure Canada, Helping Municipalities Build Stronger Communities or Investments in First Nations Infrastructure initiatives announced in Chapter 3 of Canada’s Economic Action Plan (Budget 2009) tabled in the House of Commons on January 27, 2009 and published under ISBN 978-0-660-19853-8;
(e) the Border Infrastructure Fund referred to in the Infrastructure Canada Departmental Performance Report for the 2007–2008 period tabled in the House of Commons on February 5, 2009 and published under ISBN 978-0-660-63741-9;
(f) the initiative administered by the Canada Mortgage and Housing Corporation to provide funding for the renovation and energy retrofits of off-reserve federally funded and administered social housing units that are subject to an operating agreement under a National Housing Act social housing program; or
(g) the Municipal Rural Infrastructure Fund announced in Budget 2003 and administered by Infrastructure Canada to provide funding for smaller-scale municipal infrastructure projects that support sustainable development, improved quality of life and economic opportunities and increased connectivity for smaller and rural communities.
(3) The Minister may decide that subsection (2) does not apply in respect of a project that is referred to in that subsection if the Minister is of the opinion that it may cause significant adverse environmental effects.
(4) If the Minister decides that subsection (2) does not apply in respect of a project, the Minister shall, without delay, provide notice of the decision to the proponent of the project and any federal authority that is likely to exercise a power or perform a duty or function referred to in section 5 in respect of the project.
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