Regulations Amending and Repealing Certain Department of the Environment Regulations (Miscellaneous Program): SOR/2023-60
Canada Gazette, Part II, Volume 157, Number 8
Registration
SOR/2023-60 March 27, 2023
IMPACT ASSESSMENT ACT
P.C. 2023-262 February 23, 2023
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending and Repealing Certain Department of the Environment Regulations (Miscellaneous Program) under sections 109 and 188 of the Impact Assessment Act footnote a.
Regulations Amending and Repealing Certain Department of the Environment Regulations (Miscellaneous Program)
Amendment
1 Paragraph 42(a) of the schedule to the French version of the Physical Activities Regulations footnote 1 is replaced by the following:
- a) d’une nouvelle installation hydroélectrique d’une capacité de production de 200 MW ou plus;
Repeals
2 The following Regulations are repealed:
- (a) the Law List Regulations footnote 2;
- (b) the Inclusion List Regulations footnote 3;
- (c) the Comprehensive Study List Regulations footnote 4;
- (d) the Federal Authorities Regulations footnote 5;
- (e) the Projects Outside Canada Environmental Assessment Regulations footnote 6;
- (f) the Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements footnote 7;
- (g) the Canada Port Authority Environmental Assessment Regulations footnote 8;
- (h) the Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations footnote 9;
- (i) the Exclusion List Regulations, 2007 footnote 10; and
- (j) the Establishing Timelines for Comprehensive Studies Regulations footnote 11.
Coming into Force
3 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Repeal of Spent Regulations and Minor Corrections: Miscellaneous Amendments Regulations (the Regulations) address two issues.
Issue 1
The Canadian Environmental Assessment Act, S.C. 1992, c. 37 (the former CEAA) was repealed and replaced in 2012 by the Canadian Environmental Assessment Act, 2012 (CEAA 2012). The CEAA 2012 was then repealed and replaced by the Impact Assessment Act (IAA), which came into force in August 2019.
The legislative provisions of CEAA 2012 that repealed the former CEAA did not repeal the regulations made under the former CEAA. Because of this, these regulations continued to be posted on the Department of Justice’s website and were not removed from the Consolidated Index of Statutory Instruments. In the past, this has caused some confusion with stakeholders regarding the status of these regulations. The Standing Joint Committee for the Scrutiny of Regulations has recommended that these spent regulations be repealed.
In accordance with transitional provisions under sections 178 and 179 of the IAA, all environmental assessments under the former CEAA were either terminated or continued under CEAA 2012, and all regulatory instruments adopted under the former CEAA ceased to have any legal effect, and are considered spent.
The repeal of the regulations made under the former CEAA is not legally required, but would help eliminate a potential source of confusion for stakeholders.
Issue 2
When the IAA came into force, the Physical Activities Regulations (commonly referred to as the Project List), made under the IAA, also came into force. There is a discrepancy between the English and French versions of paragraph 42(a) of the Project List. The English version of this provision includes a quantitative threshold that establishes what hydroelectric generating facilities are designated by the Project List. This threshold, however, is missing from the French version. The English version (with a threshold) is the version that aligns with the policy intent. This policy intent had been communicated to stakeholders in consultation documents prior to the Project List being finalized. The Regulations are needed to amend the discrepancy between the English and French versions of the Project List.
Objective
The Regulations have the following objectives:
- to repeal obsolete or spent regulatory provisions that have no current application; and
- to correct a discrepancy between the French and English versions.
Description and rationale
The Regulations repeal the following spent regulatory titles:
- Canada Port Authority Environmental Assessment Regulations (SOR/99-318)
- Comprehensive Study List Regulations (SOR/94-638)
- Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements (SOR/97-181)
- Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations (SOR/2006-104)
- Establishing Timelines for Comprehensive Studies Regulations (SOR/2011-139)
- Exclusion List Regulations, 2007 (SOR/2007-108)
- Federal Authorities Regulations (SOR/96-280)
- Inclusion List Regulations (SOR/94-637)
- Law List Regulations (SOR/94-636)
- Projects Outside Canada Environmental Assessment Regulations (SOR/96-491)
The initiative would address recommendations of the Standing Joint Committee for the Scrutiny of Regulations to repeal spent regulations.
The Regulations also correct an error in the French version of paragraph 42(a) of the Project List. The French version of paragraph 42(a) would be amended to include the production capacity threshold featured in the English version.
One-for-one rule and small business lens
The one-for-one rule controls the growth of administrative burden imposed on Canadian businesses that arises from federal regulations. The one-for-one rule applies to this initiative since 10 regulatory titles are removed. The initiative is considered 10 titles out under the one-for-one rule.
Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
Contact
Sarah Jackson
Acting Director
Legislative and Regulatory Affairs
Impact Assessment Agency of Canada
Email: regulations-reglements@iaac-aeic.gc.ca