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ARTICLE · 18 SEPTEMBER 2012

Omnibus Bill C-38 - A Major Reform Of Federal Environmental Laws

McCarthy Tétrault
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Bill C-38 (the Jobs, Growth and Long-term Prosperity Act) (Bill C-38) received royal assent on June 29, 2012.

CanadaEnvironment

Bill C-38 (the Jobs, Growth and Long-term Prosperity Act) (Bill C-38) received royal assent on June 29, 2012. This statute amended several federal environmental statutes and substantially reformed the federal environmental assessment process (Assessment Process). It repealed the former Canadian Environmental Assessment Act (S.C. 1992, c. 37) (Former Act) and replaced it with the Canadian Environmental Assessment Act (2012) (CEAA 2012) which came into force by order of the Governor in Council on July 6, 2012.

Simplified List of Designated Projects

Under the CEAA 2012, projects that include a designated "physical activity" are subject to the new environmental Assessment Process. The list of such designated activities is set out in the new Regulations Designating Physical Activities (SOR/2012-147) which was published in the Canada Gazette on July 18, 2012 (RDPA). It includes major industrial activities that were subject to a comprehensive study under the Former Act.

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