Marginal note:Conditions
33 (1) The Minister may only approve a substitution if he or she is satisfied that
(a) the process to be substituted will include a consideration of the factors set out in subsection 22(1);
(b) federal authorities that are in possession of relevant specialist or expert information or knowledge will be given an opportunity to participate in the assessment;
(c) the jurisdiction that is following the process to be substituted has the ability to enter into an arrangement with any jurisdiction referred to in paragraphs (e) to (g) of the definition jurisdiction in section 2 respecting cooperation between those jurisdictions in the conduct of the assessment;
(d) the process to be substituted will include consultations with any Indigenous group that may be affected by the carrying out of the designated project;
(e) the public will be given an opportunity to participate meaningfully in the assessment and to provide comments on a draft report;
(f) the public will have access to records in relation to the assessment to enable its meaningful participation;
(g) at the end of the assessment, a report will be submitted to the Minister;
(h) the report will be made available to the public; and
(i) any other conditions that the Minister establishes are or will be met.
Marginal note:Effects set out in report
(2) The Minister must be satisfied that the report that will be submitted to him or her will set out the effects that, in the opinion of the jurisdiction that is following the process to be substituted, are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are adverse direct or incidental effects, and specify the extent to which those effects are significant.
Marginal note:Report — Indigenous knowledge
(2.1) The Minister must be satisfied that the report that will be submitted to him or her will set out how the jurisdiction that is following the process to be substituted, in determining the effects that are likely to be caused by the carrying out of the designated project, took into account and used any Indigenous knowledge provided with respect to the designated project.
Marginal note:Approval
(3) The Minister may also approve the substitution of a process that has already been completed for an impact assessment if he or she is satisfied that the conditions referred to in subsections (1) and (2) have been met.
Marginal note:Availability
(4) The conditions referred to in paragraph (1)(i) must be made available to the public.
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