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ARTICLE · 08 APRIL 2009

Changes To Environmental Assessment In Infrastructure Jumpstart

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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On March 18, 2009, the federal government introduced regulatory amendments under the “Canadian Environmental Assessment Act” (“CEAA”) to spur the development of infrastructure while maintaining appropriate levels of environmental protection.

CanadaEnergy and Natural Resources

On March 18, 2009, the federal government introduced regulatory amendments under the Canadian Environmental Assessment Act ("CEAA") to spur the development of infrastructure while maintaining appropriate levels of environmental protection. The amendments exclude projects proposed under the Building Canada Plan – the infrastructure spending component of the federal government's economic stimulus plan – from the federal environmental assessment ("EA") process, and allow the federal Minister of the Environment (the "Minister") to accept the substitution of a provincial EA process for a federal EA process under certain circumstances.

Certain Infrastructure Projects To Be Excluded

The amendments add certain categories of projects proposed under the Building Canada Plan to the Exclusion List Regulations, 2007 (the "List"), exempting them from the federal EA process. Examples of projects added to the List include modifications of municipal buildings to improve energy

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