Impact Assessment Act

Marginal note:Conditions

• 33 (1) The Minister may only approve a substitution if he or she is satisfied that

  • (a) the factors set out in subsection 22(1) will be considered under the process to be substituted or under an agreement or arrangement referred to in paragraph 114(1)(f);

  • (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 or the consultations will be undertaken under an agreement or arrangement referred to in paragraph 114(1)(f);

  • (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;

  • (g.1) in the case of a substitution approved under paragraph 31(1)(b), the report will be based on the process and the activities referred to in that paragraph;

  • (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 the Minister will set out the effects that are likely to be caused by the carrying out of the designated project. The Minister must also be satisfied that the report will

  • (a) indicate, from among the effects set out in it, those that are adverse effects within federal jurisdiction and those that are direct or incidental adverse effects; and

  • (b) specify, from among those adverse effects within federal jurisdiction and direct or incidental adverse effects, the ones that are likely to be, to some extent, significant and the extent to which they are significant.

• Marginal note:Report — Indigenous knowledge

  (2.1) The Minister must be satisfied that the report that will be submitted to the Minister will set out how any Indigenous knowledge provided with respect to the designated project was taken into account and used in determining the effects that are likely to be caused by the carrying out of that 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.