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----- Original Message -----
I would like to take this opportunity to thank you for the comments that you submitted during the 45-day consultation period for the Exclusion List Regulations, which were pre-published in Canada Gazette, Part 1 on December 17, 2005. The Canadian Environmental Assessment Act (the Act) requires federal authorities to subject certain projects to environmental assessments (EAs) before initiating, funding, granting land, or issuing regulatory approvals for them. Four key regulations determine the Act’s application: the Inclusion List Regulations, the Exclusion List Regulations, the Law List Regulations, and the Comprehensive Study List Regulations. The Exclusion List Regulations specify projects involving physical works and having insignificant environmental effects, which are exempt from EA under the Act. These regulations are essential to the functioning of the Act and have been in place since the coming into force of the Act in 1995. As a result of the comments received, we have made a number of improvements to the Exclusion List Regulations which were registered on May 31, 2007 and which were published in Canada Gazette, Part II on June 13, 2007. These amendments are described in greater detail in the Regulatory Impact Analysis Statement that was published alongside the Exclusion List Regulations, 2007: http://canadagazette.gc.ca/partII/2007/20070613/html/sor108-e.html You expressed concern regarding Schedule 1, Part 4 of the regulations, which deal with projects relating to nuclear energy. We have not proposed any substantive changes to the sections relating to nuclear energy, which have been present substantially unchanged since the coming into force of the regulations in 1995. The types of projects which are exempt from environmental assessment are generally routine type projects involving irradiators, accelerators, radiography equipment and medical equipment. Small facilities such as university and hospital laboratories that use radioactive substances, small waste facilities and other low-risk facilities are also excluded. Modifications to safety, security and monitoring equipment at nuclear facilities continue to be excluded from EA requirements. Projects involving decommissioning of nuclear power plants, storage of nuclear waste, and other large projects dealing with nuclear energy still require an environmental assessment. Furthermore, many projects dealing with nuclear energy are found on the Comprehensive List Regulations and require a comprehensive study type of environmental assessment. We thank you for your interest in the Exclusion List Regulations. Sincerely, John D. Smith
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