Bulletin – Terms and Conditions – Approvals
The AER announced changes relating to the operation of to the Cumulative Environmental Management Association (“CEMA”) as it relates to the obligations of approval holders under the Environmental Protection and Enhancement Act (“EPEA”) and any terms and conditions granted under EPEA.
The AER noted that CEMA ceased operations on April 1, 2016. Accordingly, and effectively immediately, the AER announced that any term or condition related to mandating an approval holder’s participation in CEMA is inoperative.
However, the AER noted that to the extent that a term or condition required any action beyond participation in funding of CEMA, the operational intent of the term or condition would survive without the requirement to undertake the condition through CEMA.
The AER noted, as examples, where an approval requires monitoring, reporting, or research through CEMA, the requirement to participate in CEMA is inoperative, but the requirement to monitor, report or research remains in full force and effect.
