Does the ERP Apply?
The decision on whether or not the ERP applies is made by answering four key questions about the project/activity:
1. Is this a "designated project" pursuant to CEAA 2012?
The CEAA 2012 Regulations Designating Physical Activities provides a list of "designated projects" subject to federal environmental assessment by the Canadian Environmental Assessment Agency, Canadian Nuclear Safety Commission or by the National Energy Board. If the project is a "designated project", the ERP does not apply. AANDC will direct the proponent to the Canadian Environmental Assessment Agency to determine the need for a federal environmental assessment.
2. Does it meet the definition of a "project" pursuant to s.66 of CEAA 2012?
Section 66 of CEAA 2012 defines "project" as involving a physical activity in relation to a physical work, located on federal land. If any one of these conditions does not apply, it is not a "project" and the ERP does not apply.
3. Does it relate to matters of national security, a response to a national emergency or a response to an emergency?
If a project relates to any of the situations below and having the project move forward without delay is in the interest of public health or safety to prevent damage to property or the environment, the ERP may not apply:
- matters of national security;
- a response to a national emergency; or
- a response to an emergency.
4. Is AANDC required to exercise a power or perform a duty or function in relation to the project?
If AANDC is involved in the project as a proponent, funder or authority issuing a statutory authorization under the Indian Act, then the ERP applies.
It should be noted that regardless of AANDC's involvement, on-reserve projects are still subject to all other applicable laws, standards and permits.
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