Common use of Environmental and Other Requirements Clause in Contracts

Environmental and Other Requirements. 10.1 The Recipient represents and warrants that the Project is not a “designated project” or a “project” under the applicable federal environmental and impact assessment legislation. 10.2 The Recipient agrees to comply with all federal, provincial, territorial, municipal and other applicable laws governing the Recipient and the Project, including without limitation, statutes, regulations, by-laws, rules, ordinances and decrees. This includes legal requirements and regulations relating to environmental protection and the successful implementation of and adherence to any mitigation measures, monitoring or follow-up program, which may be prescribed by federal, provincial, territorial, municipal bodies. The Recipient will certify to the Minister that it has done so. 10.3 The Recipient will provide the Minister with reasonable access to any Project site, for the purpose of ensuring that the terms and conditions of any environmental approval are met, and that any required conditions, mitigation measures, monitoring or program follow up have been carried out. 10.4 If, as a result of changes to the Project or otherwise, the Minister is of the opinion that an environmental or impact assessment or a subsequent determination is required for the Project, the Recipient agrees that construction of the Project or any other physical activity that is carried out in relation to the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by the Minister to the Recipient for the Project unless and until: (a) where the Project is a “designated project” under the applicable federal environmental or impact assessment legislation, (i) a decision pursuant to that legislation is made indicating that no environmental or impact assessment is required for the Project; or (ii) a decision statement in respect of the Project is issued to the Recipient that: 1) the Project is not likely to cause significant adverse environmental effects; 2) the Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the Project; or 3) the adverse effects with respect to the impact assessment of the Project are in the public interest, (b) where the Project is a “project” under the applicable federal environmental or impact assessment legislation, a determination that the carrying out of the Project: (i) is not likely to cause significant adverse environmental effects; or (ii) is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, and (c) where relevant the requirements under any applicable agreements between Her Majesty and Indigenous groups, are met and continue to be met.

Appears in 6 contracts

Samples: Contribution Agreement, Contribution Agreement, Contribution Agreement

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Environmental and Other Requirements. 10.1 The Recipient represents and warrants that the Project is not a “designated project” or a “project” under the applicable federal environmental and impact assessment legislation. 10.2 The Recipient agrees to comply with all federal, provincial, territorial, municipal and other applicable laws governing the Recipient and the Project, including without limitation, statutes, regulations, by-laws, rules, ordinances and decrees. This includes legal requirements and regulations relating to environmental protection and the successful implementation of and adherence to any mitigation measures, monitoring or follow-up program, which may be prescribed by federal, provincial, territorial, municipal bodies. The Recipient will certify to the Minister that it has done so. 10.3 The Recipient will provide the Minister with reasonable access to any Project sitesite , for the purpose of ensuring that the terms and conditions of any environmental approval are met, and that any required conditions, mitigation measures, monitoring or program follow up have been carried out. 10.4 If, as a result of changes to the Project or otherwise, the Minister is of the opinion that an environmental or impact assessment or a subsequent determination is required for the ProjectProject , the Recipient agrees that construction of the Project or any other physical activity that is carried out in relation to the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by the Minister to the Recipient for the Project unless and until: (a) where the Project is a “designated project” under the applicable federal environmental or impact assessment legislation, (i) a decision pursuant to that legislation is made indicating that no environmental or impact assessment is required for the Project; or (ii) a decision statement in respect of the Project is issued to the Recipient indicating that: 1) the Project is not likely to cause significant adverse environmental effects; 2) the Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the Project; or 3) the adverse effects with respect to the impact assessment of the Project are in the public interest, (b) where the Project is a “project” under the applicable federal environmental or impact assessment legislation, a determination that the carrying out of the Project: (i) is not likely to cause significant adverse environmental effects; or (ii) is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, and (c) where relevant the requirements under any applicable agreements between Her His Majesty and Indigenous groups, are met and continue to be met.

Appears in 1 contract

Samples: Contribution Agreement

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Environmental and Other Requirements. 10.1 The Recipient represents and warrants that the Project is not a “designated project” or a “project” under the applicable federal environmental and impact assessment legislation. 10.2 9.1 The Recipient agrees to comply with all federal, provincial, territorial, municipal and other applicable laws governing the Recipient and the each Project, including without limitation, statutes, regulations, by-laws, rules, ordinances and decrees. This includes legal requirements and regulations relating to environmental protection and the successful implementation of and adherence to any mitigation measures, monitoring or follow-up program, which may be prescribed by federal, provincial, territorial, municipal bodies. The Recipient will certify to the Minister that it has done so. 10.3 9.2 The Recipient will provide the Minister with reasonable access to any Project site, for the purpose of ensuring that the terms and conditions of any environmental approval are met, and that any required conditions, mitigation measures, monitoring or program follow up have been carried out. 10.4 9.3 If, as a result of changes to the any Project or otherwise, the Minister is of the opinion that an environmental or impact assessment or a subsequent determination is required for the any Project, the Recipient agrees that construction of the each Project or any other physical activity that is carried out in relation to the each Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by the Minister to the Recipient for the any Project unless and until: (a) where the any Project is a “designated project” under the applicable federal environmental or impact assessment legislation, (i) a decision pursuant to that legislation is made indicating that no environmental or impact assessment is required for the Project; or (ii) a decision statement in respect of the any Project is issued to the Recipient indicating that: 1) the any Project is not likely to cause significant adverse environmental effects; 2) the any Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the any Project; or 3) the adverse effects with respect to the impact assessment of the any Project are in the public interest, (b) where the any Project is a “project” under the applicable federal environmental or impact assessment legislation, a determination that the carrying out of the Project: (i) is not likely to cause significant adverse environmental effects; or (ii) is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, and (c) where relevant the requirements under any applicable agreements between Her Majesty and Indigenous groups, are met and continue to be met.

Appears in 1 contract

Samples: Contribution Agreement

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