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  1. Impact Assessment Act - S.C. 2019, c. 28, s. 1 (Section 2)

     The following definitions apply in this Act.

    adverse effects within federal jurisdiction

    adverse effects within federal jurisdiction  means, with respect to a physical activity or a designated project,

    • [...]

    • (e) with respect to the Indigenous peoples of Canada, a non-negligible adverse impact — occurring in Canada and resulting from any change to the environment — on

      [...]

    • (f) a non-negligible adverse change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada; and

    [...]

    Indigenous governing body

    Indigenous governing body  means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

    Indigenous knowledge

    Indigenous knowledge  means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

    Indigenous peoples of Canada

    Indigenous peoples of Canada  has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

    jurisdiction

    jurisdiction  means

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    • (f) an Indigenous governing body that has powers, duties or functions in relation to an assessment of the environmental effects of a designated project

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    • (g) an Indigenous governing body that has entered into an agreement or arrangement referred to in paragraph 114(1)(e);

    [...]


  2. Impact Assessment Act - S.C. 2019, c. 28, s. 1 (Section 22)
    Marginal note:Factors — impact assessment
    •  (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel, must take into account the following factors:

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      • (c) the impact that the designated project may have on any Indigenous group and any adverse impact that the designated project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

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      • (g) Indigenous knowledge provided with respect to the designated project;

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      • (l) considerations related to Indigenous cultures raised with respect to the designated project;

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      • (q) any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;

      • (r) any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project;


  3. Impact Assessment Act - S.C. 2019, c. 28, s. 1 (Section 158)
    Marginal note:Advisory committee — interests and concerns of Indigenous peoples
    •  (1) The Agency must establish an advisory committee to advise it with respect to the interests and concerns of the Indigenous peoples of Canada in relation to assessments to be conducted under this Act.

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    • (2.1) The membership of the committee must include at least

      • (a) one person recommended by an Indigenous governing body or other entity that represents the interests of First Nations;

      • (b) one person recommended by an Indigenous governing body or other entity that represents the interests of the Inuit; and

      • (c) one person recommended by an Indigenous governing body or other entity that represents the interests of the Métis.


  4. Impact Assessment Act - S.C. 2019, c. 28, s. 1 (Section 119)
    Marginal note:Confidentiality
    •  (1) Any Indigenous knowledge that is provided to the Minister, the Agency, a committee referred to in section 92, 93 or 95 or a review panel under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

    • Marginal note:Exception

      (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

      [...]

    • Marginal note:Consultation

      (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister, the Agency, the committee or the review panel, as the case may be, must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

    • Marginal note:Further disclosure

      (3) The Minister, the Agency, the committee or the review panel, as the case may be, may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.


  5. Impact Assessment Act - S.C. 2019, c. 28, s. 1 (Section 114)
    Marginal note:Minister’s powers
    •  (1) For the purposes of this Act, the Minister may

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      • (b) establish research and advisory bodies in the area of impact assessment, including with respect to the interests and concerns of Indigenous peoples of Canada, and appoint as a member of any such bodies one or more persons;

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      • (e) if authorized by the regulations, enter into agreements or arrangements with any Indigenous governing body not referred to in paragraph (f) of the definition jurisdiction in section 2 to

        • (i) provide that the Indigenous governing body is considered to be a jurisdiction for the application of this Act on the lands specified in the agreement or arrangement, and

        • (ii) authorize the Indigenous governing body, with respect to those lands, to exercise powers or perform duties or functions in relation to impact assessments under this Act — except for those set out in section 16 — that are specified in the agreement or arrangement;



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