Canada Gazette, Part I, Volume 156, Number 22: COMMISSIONS
May 28, 2022
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Mattresses — Decision
On May 18, 2022, pursuant to subsection 39(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) extended the preliminary phase of the investigations into the alleged injurious dumping and subsidizing of mattresses from China.
SIMA provides that, under normal circumstances, the preliminary stage of the investigations shall be completed within 90 days of the date of initiation. However, due to the existence of circumstances that, in the opinion of the CBSA, make it unusually difficult to decide within 90 days whether to make preliminary determinations or to terminate the investigations with respect to some or all of the goods, the period has been extended to 135 days, pursuant to subsection 39(1) of SIMA.
Consequently, the decision to issue preliminary determinations or to terminate the investigations with respect to some or all of the goods will be made on or before July 7, 2022.
Information
For further information, contact Rebecca Akuoko-Asibey by telephone at 343‑553‑1411 or by email at Rebecca.Akuoko-Asibey@cbsa-asfc.gc.ca. Alternatively, you may contact Hugo Dumas by telephone at 343‑553‑2007 or by email at Hugo.Dumas@cbsa-asfc.gc.ca.
Ottawa, May 18, 2022
Doug Band
Director General
Trade and Antidumping Programs Directorate
CANADA ENERGY REGULATOR
APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES
Command Power Corp.
By an application dated 17 May 2022, Command Power Corp. (the Applicant) has applied to the Canada Energy Regulator (the CER) under Division 2 of Part 7 of the Canadian Energy Regulator Act (the Act) for authorization to export up to 1750000 MWh of combined firm and interruptible energy annually, for a period of 10 years.
The Commission of the Canada Energy Regulator (the Commission) wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that the application be designated for a licensing procedure. The Directions on Procedure that follow explain in detail the procedure that will be used.
1. The Applicant shall provide a copy of the application by email to any person who requests one by emailing jnikkel@commandpower.ca. The application is also publicly available on the CER’s website at https://apps.cer-rec.gc.ca/REGDOCS/Item/View/94151.
2. Written submissions that any interested party wishes to present shall be filed online with the CER in care of the Secretary of the Commission, and emailed to the Applicant by 27 June 2022.
3. Pursuant to subsection 359(2) of the Act, the Commission is interested in the views of submitters with respect to
- (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
- (b) whether the Applicant has
- (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale; and
- (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada.
4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this Notice of Application and Directions on Procedure shall be filed with the CER in care of the Secretary of the Commission and emailed to the party that filed the submission by 12 July 2022.
5. For further information on the procedures governing the Commission’s examination, contact the Secretary of the Commission at (403) 292‑4800 (telephone).
The Canada Energy Regulator is dedicated to the safety and well-being of its staff, Indigenous communities, the public, and all those with whom it works closely. For information on how the CER is continuing its regulatory oversight during the COVID-19 pandemic, please refer to the CER’s COVID-19 response page: https://www.cer-rec.gc.ca/bts/cvd19/index-eng.html.
The CER’s preferred filing method is online through its e-filing tool, https://apps.cer-rec.gc.ca/efile/ElectronicDocumentSubmission.aspx?GoCTemplateCulture=en-CA, which provides step-by-step instructions. If you are unable to file documents online, you may send them by email to secretary@cer-rec.gc.ca.
Jean-Denis Charlebois
Secretary of the Commission of the Canada Energy Regulator
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2022-004
The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held via videoconference. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca at least two business days before the commencement of the hearing to register and to obtain further information.
Date of Hearing |
June 30, 2022 |
|---|---|
Appeal |
EA-2021-004 |
Goods in Issue |
Fetter drive screws and spikes, used on hydroelectricity pole lines, manufactured in and exported from the People’s Republic of China. |
Issues |
Whether the goods in issue are of the same description as goods to which the Tribunal’s finding concerning carbon steel screws originating in or exported from the People’s Republic of China and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu applies and therefore fall within the scope of that finding. An additional issue, the consideration of which is contingent on the outcome of the above issue, is related to the determination of the proper normal values for the goods in issue. |
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission’s original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
| Decision number |
Publication date |
Applicant’s name |
Undertaking |
City |
Province |
|---|---|---|---|---|---|
2022-130 |
May 17, 2022 |
The News Forum |
The News Forum |
Across Canada |
|
2022-131 |
May 17, 2022 |
Canadian Broadcasting Corporation |
CBX |
Edmonton |
Alberta |
COMPETITION TRIBUNAL
COMPETITION ACT
Application for an order
Notice is hereby given that, on May 9, 2022, an application pursuant to section 92 of the Competition Act, RSC 1985, c. C-34 (“Act”) was filed with the undersigned at the Competition Tribunal (“Tribunal”) by the Commissioner of Competition (“Commissioner”), regarding the proposed acquisition of Shaw Communications Inc. (“Shaw”) by Rogers Communications Inc. (“Rogers”) [together, the “Respondents”].
The particulars of the order sought by the Commissioner are as follows:
- An order directing the Respondents not to proceed with the proposed acquisition of Shaw by Rogers;
- In the alternative, an order requiring the Respondents not to proceed with that part of the proposed acquisition necessary to ensure that it does not prevent or lessen and is not likely to prevent or lessen competition substantially;
- An order directing Rogers to divest such additional assets as are required to eliminate the substantial lessening or prevention of competition;
- An order directing the Respondents to pay the Commissioner’s costs; and
- Such further and other relief as the Commissioner may request and this Tribunal may consider appropriate.
Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Tribunal on or before July 4, 2022.
A copy of the notice of application may be obtained by visiting the Tribunal’s website. Requests for information regarding this Application should be addressed to the undersigned, by mail at the Competition Tribunal, 60090 Sparks Street, Ottawa, Ontario K1P 5B4, by telephone at 613‑941‑2440 or by email at Tribunal@ct-tc.gc.ca.
May 13, 2022
Annie Ruhlmann
Acting Deputy Registrar
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Al-Fattal, Rouba)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Rouba Al-Fattal, Senior Policy Advisor, Innovation, Science, and Economic Development Canada, to seek nomination as, and be, a candidate, before and during the election period, for the position of Councillor, Ward 23, Kanata South, for the City of Ottawa, Ontario, in the municipal election to be held on October 24, 2022.
May 10, 2022
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Arnott, Russell John)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Russell John Arnott, Manager, National Defence, to seek nomination as, and be, a candidate, before and during the election period, for the position of Mayor for the Town of Comox, British Columbia, in the municipal election to be held on October 15, 2022.
May 5, 2022
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Kyle, Davis)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Davis Kyle, Intern Officer, Public Services and Procurement Canada, to seek nomination as, and be, a candidate, before and during the election period, for the position of Councillor for the City of Kelowna, British Columbia, in the municipal election to be held on October 15, 2022.
April 22, 2022
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT BOARD
YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT
Rule to Amend the Rules for Screenings Conducted by the Executive Committee (Pre-Submission Engagement)
Notice is hereby given that the Yukon Environmental and Socio-economic Assessment Board, pursuant to section 30 of the Yukon Environmental and Socio-economic Assessment Act, hereby makes the annexed Rule to Amend the Rules for Screenings Conducted by the Executive Committee (Pre-Submission Engagement).
April 7, 2022
Lauren Haney
Chair
Yukon Environmental and Socio-economic Assessment Board
Rule to Amend the Rules for Screenings Conducted by the Executive Committee (Pre-Submission Engagement)
The Yukon Environmental and Socio-economic Assessment Board makes this Rule pursuant to its authority under the Yukon Environmental and Socio-economic Assessment Act.
| Item | Clause |
|---|---|
| Rules amended | 1 |
| Definitions added | 2 |
| Section 6 amended | 3 |
| Section added | 4 |
| Part 3 replaced | 5 |
| Section 34 amended | 6 |
| Section 40 amended | 7 |
| Section added | 8 |
| Section 63 replaced | 9 |
| Section 67 amended | 10 |
| Section 83 amended | 11 |
| Section added | 12 |
| Schedule A replaced | 13 |
| Application | 14 |
Rules amended
1 This Rule amends the Rules for Screenings Conducted by the Executive Committee.
Definitions added
2 The following definitions are added to section 4 in alphabetical order:
- “participant”
- has the meaning assigned in section 16;
- “pre-submission engagement”
- has the meanings assigned
- (a) in respect of proposed projects, in section 16, and
- (b) in respect of referred projects, in subsection 31(1);
- “proposal”
- means a proposal for a proposed project or for a referred project;
- “proposed project”
- means a project for which a proponent submits or intends to submit a proposal to the Executive Committee under paragraph 50(1)(a) of the Act;
- “referred project”
- means a project that a designated office refers to the Executive Committee under paragraph 56(1)(d) of the Act.
Section 6 amended
3 In paragraph 6(a), the reference to section 26 is replaced with a reference to paragraph 32(1)(a).
Section added
4 The following section is added immediately after section 8:
Personal information to be excluded
- 8.1(1) For the purposes of subsection (2), “personal information” means information, about an identifiable individual, that is described in any of paragraphs (a) to (i) of the definition “personal information” in section 3 of the Privacy Act, but does not include information described in any of paragraphs (j) to (m) of that definition.
- (2) A document submitted to the Executive Committee must not include personal information about any individual, other than the person making the submission, unless the submission includes the individual’s written consent to the collection, use and disclosure of the personal information in accordance with the YESAB Online Registry Privacy Statement, as amended from time to time.
Part 3 replaced
5 Part 3 is replaced with the following:
Part 3
Pre-Submission Engagement
Interpretation
16 In this Part
- “Draft Project Proposal Guideline”
- for a proposed project, means the document that the Executive Committee provides under paragraph 25(1)(a) in relation to the proposed project;
- “local government”
- has the meaning assigned in the Municipal Act (Yukon), as amended from time to time;
- “participant”
- in respect of the pre-submission engagement for a proposed project, means
- (a) each decision body in relation to the proposed project,
- (b) each person who would be an interested person in respect of a screening of the proposed project,
- (c) each first nation in whose territory the proposed project will be located or might have significant environmental or socio-economic effects,
- (d) the local government of any area in which the proposed project will be located or might have significant environmental or socio-economic effects,
- (e) any first nation, government agency or independent regulatory agency that has notified the Executive Committee of its interest in the proposed project or in projects of that kind,
- (f) any person (including any group, community or entity) that
- (i) has notified the Executive Committee of its interest in the proposed project or in projects of that kind, and
- (ii) in the opinion of the Executive Committee, has a material interest in the proposed project, and
- (g) where the context requires, the proponent of the proposed project;
- “pre-submission engagement”
- for a proposed project, means those events and processes described in this Part that take place during the pre-submission engagement period for the proposed project;
- “pre-submission engagement period”
- for a proposed project, means the period of time that
- (a) begins on the day on which the proponent submits a Project Description under section 21 , and
- (b) ends on the earlier of
- (i) the day, if any, on which the Executive Committee notifies the proponent, under paragraph 32(1)(a), that it intends to commence a screening of the proposed project, and
- (ii) the day, if any, on which the proposed project is withdrawn, or deemed to be withdrawn, under subsection 20(3);
- “Project Description”
- for a proposed project, means a description of the proposed project that includes the items of information listed in Schedule A and that is consistent with the elaboration of that list in the Project Description Requirements issued by the Board on March 31, 2022;
- “Project Proposal”
- means a proposal that a proponent submits to the Executive Committee under paragraph 50(1)(a) of the Act;
- “Project Proposal Guideline”
- for a proposed project, means the document that the Executive Committee provides under subsection 25(5) in relation to the proposed project;
- “Project Proposal Guideline Response”
- for a proposed project, means a document in which the proponent describes clearly
- (a) which of the requirements of the Project Proposal Guideline for the proposed project it has met and how it has done so, and
- (b) if it has not met a requirement,
- (i) why it has not done so (including, if applicable, a description of any additional information or explanation it needs), and
- (ii) how and when it intends to meet the requirement;
- “Project Proposal Report”
- for a proposed project, means the report that the Executive Committee provides under section 28 in relation to the proposed project;
- “Revised Proposal”
- means a proposal that a proponent submits to the Executive Committee under subsection 56(4) of the Act.
Part applies to all proposals
17 Before a proponent submits a proposal to the Executive Committee under paragraph 50(1)(a) or subsection 56(4) of the Act, the proponent must comply with all of the applicable requirements of this Part.
Process modifications
18(1) Subject to section 20 but despite any other provision of this Part, if the Executive Committee considers that doing so would improve the process or outcome of pre-submission engagement for a proposed project, it may at any time
- (a) postpone the date (referred to in this section as a “deadline”) by which something is to be done under this Part; or
- (b) modify the pre-submission engagement process in any other respect.
(2) A participant in respect of a proposed project may at any time ask the Executive Committee to postpone a deadline or otherwise to modify the pre-submission engagement process as it applies to the proposed project.
(3) A request to postpone a deadline or otherwise to modify the pre-submission engagement process must be submitted to the Executive Committee, in the form and manner and within the period of time that it specifies.
(4) As soon as practicable after it decides whether or not to grant a request to postpone a deadline or decides otherwise to modify the pre-submission engagement process as it applies to a proposed project, the Executive Committee must notify the participants of the Executive Committee’s decision and the reasons for it.
(5) If the Executive Committee decides (whether in response to a request or otherwise) to postpone a deadline, the period of time to which the deadline applies runs continuously from the day on which it begins until the day the Executive Committee specifies in its decision.
(6) If the Executive Committee decides not to grant a request to postpone a deadline, the period of time to which the deadline applies runs continuously from the day on which it begins until the later of
- (a) the day on which it would otherwise end; and
- (b) the day, if any, that the Executive Committee specifies in its decision.
Information gathering
19 The Executive Committee may at any time before the end of the pre-submission engagement period for a proposed project
- (a) establish, and may determine the terms of reference and composition of, a technical review or advisory committee; or
- (b) gather any information that it believes relevant to the pre-submission engagement or to its screening of the proposed project.
Project change or withdrawal
20(1) If, at any time during the pre-submission engagement period for a proposed project, the Executive Committee is notified in writing by the proponent or otherwise determines that the proposed project has materially changed, the Executive Committee may, in response to the change, adapt any procedure or requirement set out in this Part in any manner that it considers appropriate, including (but not limited to) by
- (a) extending a period of time for comments by participants or the public, or adding an additional such period; or
- (b) revising or replacing the Draft Project Proposal Guideline, the Project Proposal Guideline or the Project Proposal Report for the proposed project.
(2) In determining whether and how to adapt a procedure or requirement under subsection (1), the Executive Committee must have regard to
- (a) the stage of pre-submission engagement at which the change to the proposed project has been made;
- (b) any relevant views or information provided by participants; and
- (c) the likely effects of the change to the proposed project on requirements for baseline information.
(3) The proponent of a proposed project
- (a) may, at any time before the end of the pre-submission engagement period for the proposed project, withdraw it from the pre-submission engagement and the subsequent screening process by notifying the Executive Committee in writing that the proponent wishes to do so; and
- (b) is deemed to have withdrawn the proposed project from the application of this Part if the proponent fails to submit to the Executive Committee
- (i) within 24 months after being provided with the Project Proposal Guideline for the proposed project, a Project Proposal Guideline Response, or
- (ii) within 24 months after being provided with the Project Proposal Report for the proposed project, a Project Proposal that meets all of the requirements of the Project Proposal Report.
(4) The Executive Committee must, at least 45 days before a period of time referred to in paragraph (3)(b) ends in relation to a proposed project, notify the proponent in writing of the possible application of that paragraph to the proposed project.
(5) If a proposed project is withdrawn (or is deemed to be withdrawn) under subsection (3), and the proponent wishes to proceed with the project, the proponent must submit a new Project Description in accordance with the Act and these Rules.
Submission of Project Description
21(1) The proponent of a proposed project must submit a Project Description for the proposed project to the Executive Committee.
(2) The proponent must give the Executive Committee at least 30 days’ written notice, of its intention to submit the Project Description.
Review of Project Description
22(1) Within seven days after it determines that a proponent’s description of a proposed project complies with the requirements referred to in the definition “Project Description” in section 16, the Executive Committee
- (a) must
- (i) identify the participants in respect of the proposed project,
- (ii) prepare a list of participants and provide it to the proponent and the other participants,
- (iii) invite the participants to participate in the pre-submission engagement for the proposed project,
- (iv) provide the Project Description to the participants,
- (v) invite the participants, during a period of time that the Executive Committee establishes in accordance with section 24 and in a manner that it specifies
- (A) to make submissions regarding the process and timing of the pre-submission engagement (other than aspects of the process and timing that the Executive Committee establishes and specifies under this subparagraph and paragraph (b)), and
- (B) to comment on the Project Description;
- (b) may establish any other aspect of the process and, in accordance with section 24, the timing that the Executive Committee considers appropriate to establish at that time; and
- (c) must notify the participants of what it has established and specified under subparagraph (a)(v) and paragraph (b).
(2) The Executive Committee may at any time during the pre-submission engagement period for a proposed project add a person to or remove a person from the list of participants by
- (a) preparing a revised list; and
- (b) providing the revised list, together with the reasons for the modification, to the proponent and each other person who is listed as a participant in either or both of the original list and the revised list.
Initial submissions and comments
23 The participants in respect of a proposed project may, during the period of time the Executive Committee has established, and in the manner it has specified, under subparagraph 22(1)(a)(v)
- (a) make submissions regarding the process and timing of the pre-submission engagement for the proposed project; and
- (b) comment on the Project Description for the proposed project.
Time periods for comments
24 The periods of time that the Executive Committee establishes for participants (and where applicable, members of the public) to comment in relation to a proposed project must be
- (a) for submissions regarding the process and timing of the pre-submission engagement and comments on the Project Description, no more than 40 days;
- (b) for comments on the Draft Project Proposal Guideline, no more than 40 days; and
- (c) for comments on the Project Proposal Guideline Response, no more than 60 days.
Project Proposal Guideline
25(1) Within 60 days after the end of the period of time the Executive Committee has established for comments on the Project Description for a proposed project, it must
- (a) prepare and provide to the proponent and the other participants in respect of the proposed project a Draft Project Proposal Guideline for the proposed project; and
- (b) if it has not already done so
- (i) establish, in accordance with section 24, the period of time during which participants and members of the public may comment on the Draft Project Proposal Guideline, and specify the manner in which they may do so, and
- (ii) notify the participants of what it has established and specified under subparagraph (i).
(2) In preparing the Draft Project Proposal Guideline, the Executive Committee
- (a) must have regard to the matters referred to in paragraphs 42(1)(a) to (j) and, if applicable, subsection 42(2.1) of the Act;
- (b) must take into account any comments on the Project Description that it has received under paragraph 23(b); and
- (c) may take into account any other information that it considers relevant.
(3) The Draft Project Proposal Guideline may include requirements for the proposed project in relation to the following:
- (a) valued environmental and socio-economic components and corresponding baseline information;
- (b) the manner in which the proponent acquires, analyzes and presents information;
- (c) cumulative effects considerations; and
- (d) any other topic or consideration that the Executive Committee considers relevant to the pre-submission engagement or to its screening of the proposed project.
- (4) The proponent, the other participants and members of the public may comment on the Draft Project Proposal Guideline during the period of time the Executive Committee has established and in the manner it has specified for such comments.
- (5) Within 30 days after the end of the period of time referred to in subsection (4), the Executive Committee must prepare and provide to the proponent and the other participants in respect of a proposed project a Project Proposal Guideline for the proposed project.
- (6) The Project Proposal Guideline may include requirements in relation to any of the matters listed in paragraphs (3)(a) to (d).
- (7) In preparing the Project Proposal Guideline, the Executive Committee must take into account any comments on the Draft Project Proposal Guideline that it has received under subsection (4).
Project Proposal Guideline Response
26(1) The proponent of a proposed project must, within 24 months after being provided under subsection 25(5) with the Project Proposal Guideline for the proposed project, submit a Project Proposal Guideline Response to the Executive Committee.
(2) The proponent must, at least 30 days before it submits the Project Proposal Guideline Response, give written notice to the Executive Committee that it intends to do so.
Review of Guideline Response
27(1) Within seven days after the Executive Committee receives a Project Proposal Guideline Response for a proposed project, it must
- (a) provide the Project Proposal Guideline Response to the participants in respect of the proposed project; and
- (b) if it has not already done so
- (i) establish, in accordance with section 24, the period of time within which participants and members of the public may comment on the Project Proposal Guideline Response and specify the manner in which they may do so, and
- (ii) notify the participants of what it has established and specified under subparagraph (i).
(2) Participants and members of the public may comment on the Project Proposal Guideline Response during the period of time the Executive Committee has established and in the manner it has specified for such comments.
Project Proposal Report
28(1) Within 60 days after the end of the period of time the Executive Committee has established for comments on the Project Proposal Guideline Response, it must prepare and provide to the proponent and the other participants in respect of a proposed project a Project Proposal Report for the proposed project.
(2) In the Project Proposal Report, the Executive Committee must set out the requirements for a Project Proposal for the proposed project, including
- (a) that the proponent demonstrate in the Project Proposal that it has
- (i) taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and, if applicable, subsection 42(2.1) of the Act,
- (ii) consulted first nations and the residents of communities in accordance with subsection 50(3) of the Act, and
- (iii) met all of the requirements of the Project Proposal Guideline, including, if the Executive Committee has changed or added to those requirements, the changed or additional requirements;
- (b) any additional issues that the proponent must address, and any additional information the proponent must include, in the Project Proposal; and
- (c) any requirements as to the form of the Project Proposal that the Executive Committee considers appropriate.
Project Proposal
29 The proponent of a proposed project must, within 24 months after being provided under subsection 28(1) with the Project Proposal Report for the proposed project, submit to the Executive Committee a Project Proposal that meets the requirements of the Project Proposal Report.
Review of Project Proposal
30(1) Within 60 days after it receives a Project Proposal for a proposed project, the Executive Committee must determine whether, in its opinion
- (a) the applicable rules have been complied with; and
- (b) the proponent has in the Project Proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and, if applicable, subsection 42(2.1) of the Act and has consulted first nations and the residents of communities in accordance with subsection 50(3) of the Act.
(2) For greater certainty, a Project Proposal for a proposed project complies with the applicable rules only if the Executive Committee is of the opinion that it meets all of the requirements set out in the Project Proposal Report for the proposed project.
(3) To assist it in making the determinations referred to in subsection (1), the Executive Committee may gather any information that it believes relevant to the pre-submission engagement or to its screening of the proposed project.
Referred projects
31(1) In this section
- “pre-submission engagement”
- for a referred project, means those events and processes described in this Part that take place during the pre-submission engagement period for the referred project;
- “pre-submission engagement period”
- for a referred project, means the period of time that
- (a) begins on the day on which a designated office refers the referred project to the Executive Committee, and
- (b) ends on the earlier of
- (i) the day, if any, on which the Executive Committee notifies the proponent, under paragraph 32(1)(a), that it intends to commence a screening of the referred project, and
- (ii) the day, if any, on which the referred project is withdrawn under subsection (2).
(2) The proponent of a referred project may, at any time before the end of the pre-submission engagement period for the referred project, withdraw it from the pre-submission engagement and the subsequent screening process by notifying the Executive Committee in writing that the proponent wishes to do so.
(3) Within 60 days after it receives a Revised Proposal for a referred project, the Executive Committee must determine whether, in its opinion
- (a) the applicable rules have been complied with; and
- (b) the proponent has in the Revised Proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and, if applicable, subsection 42(2.1) of the Act and has consulted first nations and the residents of communities in accordance with subsection 50(3) of the Act.
(4) To assist it in making the determinations referred to in subsection (3), the Executive Committee may gather any information that it believes relevant to the pre-submission engagement or to its screening of the proposed project.
(5) Despite any other provision of this Part, if the Executive Committee considers that doing so would improve the process or outcome of pre-submission engagement for a referred project, it may at any time extend a period of time referred to in subsection (3) or subsection 32(1).
Notice of determination
32(1) Within seven days after the Executive Committee makes a determination under subsection 30(1) in relation to a proposed project or subsection 31(3) in relation to a referred project, it must
- (a) if it has determined that the requirements referred to in that subsection have been met, notify the proponent and, in the case of a proposed project, each other participant that it intends to commence a screening of the proposed project or referred project; or
- (b) if it has determined that those requirements have not been met, notify the proponent and, in the case of a proposed project, each other participant that it will not carry out a screening on the basis of the Project Proposal or Revised Proposal, as the case may be.
(2) The Executive Committee must include in a notice under subsection (1) the reasons for its determination.
(3) If a proponent is given notice under paragraph (1)(b) and still intends to submit a proposal to the Executive Committee in respect of the same proposed project or referred project, the Executive Committee may facilitate that submission by, instead of requiring the proponent to initiate pre-submission engagement again, allowing the proponent
- (a) to make, to revise or to replace any submission; or
- (b) in the case of a proposed project, to redo any other aspect of the pre-submission engagement process.
Section 34 amended
6 Section 34 is replaced with the following:
- 34 Within six days after the Executive Committee notifies, under paragraph 32(1)(a), the proponent of a project that it intends to commence a screening of the project, the Executive Committee must
- (a) prepare a preliminary statement that describes the scope of the project in accordance with section 51 of the Act; and
- (b) provide a copy of the preliminary statement to the proponent.
Section 40 amended
7 In section 40, the reference to section 26 is replaced with a reference to paragraph 32(1)(a).
Section added
8 The following section is added immediately after section 48:
Additional comment period
48.1(1) The Executive Committee may, at any time during its screening of a project, determine that an additional comment period is warranted by
- (a) material changes to the proposal;
- (b) the emergence of new information regarding the project or its possible effects; or
- (c) any other exceptional circumstance.
(2) If the Executive Committee determines that an additional comment period is warranted, it may, in a notice published on the online registry
- (a) designate as an additional comment period a period of time, not exceeding 30 days, during which interested persons and members of the public may, in accordance with paragraph (b), submit their views about the project and information relevant to the screening; and
- (b) specify the particular matters in relation to which views may be submitted and the manner in which such submissions are to be made.
(3) For greater certainty, an additional comment period designated under subsection (2) is in addition to, and is not to be counted as part of, any other period of time described in or established under this Part.
Section 63 replaced
9 Section 63 is replaced with the following:
63 For each screening of a project that it conducts, the Executive Committee must, at the outset of the screening, prepare a notification list that includes
- (a) in the case of a proposed project
- (i) each person that was at any time a participant in the pre-submission engagement for the project, and
- (ii) each person that
- (A) has requested the Executive Committee in writing to be included in the notification list, and
- (B) in the opinion of the Executive Committee has an interest in the outcome of the screening; or
- (b) in the case of a referred project
- (i) each first nation consulted under subsection 50(3) of the Act,
- (ii) each government agency, independent regulatory agency or first nation that has notified the Executive Committee under subsection 57(4) of the Act, and
- (iii) each person that
- (A) has requested the Executive Committee in writing to be included in the notification list, and
- (B) in the opinion of the Executive Committee has an interest in the outcome of the screening.
Section 67 amended
10 In paragraph 67(a), the expression “project proposal” is replaced with the expression “proposal”.
Section 83 amended
11 In paragraph 83(a), the expression “is relevant” is replaced with the expression “may be relevant”.
Section added
12 The following section is added immediately after section 99:
Applies to pre-submission engagement
99.1 This Part applies, with any necessary modifications, to pre-submission engagement under Part 3.
Schedule A replaced
13 Schedule A is replaced with the following:
Schedule A
PROJECT DESCRIPTION REQUIREMENTS
- 1.0 Executive Summary
- 2.0 General Information and Contacts
- 3.0 Project Overview
- 4.0 Project Stages and Schedule
- 5.0 Regulatory Context
- 6.0 Initial Engagement and Consultation
- 7.0 Preliminary Valued Components and Data
Application
14(1) In this section
- “amended Rules”
- means the Rules for Screenings Conducted by the Executive Committee as amended by this Rule;
- “effective date”
- means the later of
- (a) June 1, 2022; and
- (b) the day on which this Rule is published in Part I of the Canada Gazette;
- “former Rules”
- means the Rules for Screenings Conducted by the Executive Committee read without reference to this Rule.
(2) Subject to subsection (3), the amended Rules apply on and after the effective date.
(3) The former Rules apply, and the amended Rules do not apply, to any proposal that, as of the effective date, is undergoing or has undergone
- (a) a pre-screening adequacy review under Part 3 of the former Rules; or
- (b) the preliminary administrative process known as a “completeness check”.