Order Repealing the Environmental Assessment Review Panel Service Charges Order: SOR/2023-35
Canada Gazette, Part II, Volume 157, Number 6
Registration
SOR/2023-35 February 23, 2023
FINANCIAL ADMINISTRATION ACT
The Minister of the Environment makes the annexed Order Repealing the Environmental Assessment Review Panel Service Charges Order under Order in Council P.C. 1998-1495 of August 26, 1998footnote a, made under paragraph 19(1)(b)footnote b of the Financial Administration Act footnote c.
Gatineau, February 20, 2023
Steven Guilbeault
Minister of the Environment
Order Repealing the Environmental Assessment Review Panel Service Charges Order
Repeal
1 The Environmental Assessment Review Panel Service Charges Order footnote 1 is repealed.
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The Canadian Environmental Assessment Act, S.C. 1992, c. 37 (former CEAA) was repealed and replaced in 2012 by the Canadian Environmental Assessment Act, 2012 (CEAA 2012). The CEAA 2012 was then repealed and replaced by the Impact Assessment Act (IAA), which came into force in August 2019.
The legislative provisions of the CEAA 2012 that repealed the former CEAA did not repeal the regulatory instruments made under the former CEAA. As a result, these regulatory instruments continued to be posted on the Department of Justice 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 regulatory instruments. The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has recommended that these spent regulatory instruments be repealed.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 the CEAA 2012, and all regulatory instruments adopted under the former CEAA ceased to have any legal effect and are considered spent.
Objective
The objective of this Ministerial Order is to repeal a spent regulatory instrument that has no current application.
Description and rationale
This Ministerial Order repeals the Environmental Assessment Review Panel Service Charges Order (SOR/98-443), which was made under the former CEAA.
The repeal of the regulatory instruments made under the former CEAA is not legally required, but would help eliminate a potential source of confusion for stakeholders. Furthermore, this initiative would address the recommendation of the SJCSR to repeal spent statutory instruments.
Small business lens
Analysis under the small business lens determined that this Ministerial Order will not impact small businesses in Canada.
One-for-one rule
The one-for-one rule applies since a regulatory title is repealed, and this Ministerial Order is considered a title out.
Contact
Sarah Jackson
Director
Legislative and Regulatory Affairs
Impact Assessment Agency of Canada
Email: regulations-reglements@iaac-aeic.gc.ca