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22 The council of the first nation — taking into account the report and recommendation of the decision-making authority if the council of the first nation is not the decision-making authority, or taking into account the matters referred to in subparagraphs 21(2)(a)(i) to (v) if the council of the first nation is the decision-making authority and has sufficient information to do so — shall decide

• (a) if the council of the first nation is not the decision-making authority, to refer the project to the decision-making authority so that a comprehensive study is conducted and that a comprehensive study report is prepared and provided to the council of the first nation;

• (b) if the council of the first nation is the decision-making authority, to ensure that a comprehensive study is conducted and that a comprehensive study report is prepared; or

Marginal note:Public consultation

• 21 (1) The decision-making authority shall ensure that there is public consultation in respect of

  • [...]

  • (c) the ability of a comprehensive study to address issues relating to the project.

• (2) After the public consultation, as soon as the decision-making authority has sufficient information to do so, it shall, if the council of the first nation is not the decision-making authority,

  • (a) report to the council of the first nation in respect of

    • [...]

    • (v) the ability of a comprehensive study to address issues relating to the project; and

  • (b) recommend to the council of the first nation that it refer the project to

    • (i) the decision-making authority to ensure that a comprehensive study is conducted and that a comprehensive study report is prepared and provided to the council of the first nation, or

Marginal note:Decision by decision-making authority — comprehensive study

• 28 (1) If the council of the first nation has decided under paragraph 22(a) or (b) that a comprehensive study is to be conducted with respect to a project, the decision-making authority shall, after considering the comprehensive study report and any comments filed in accordance with subsection 26(2) and taking into account the implementation of any technically and economically feasible mitigation measures, make one of the following decisions:

  [...]

Marginal note:Public notice

• 26 (1) On receipt of a comprehensive study report, the decision-making authority shall publish, in an appropriate manner, a notice setting out the following information:

  • (a) the date on which the comprehensive study report will be available to the public;

• Marginal note:Public concerns

  (2) Before the deadline any person may file, at the address set out in the notice, comments relating to the conclusions and recommendations and any other aspect of the comprehensive study report.

50 Subject to subsection 52(1), the decision-making authority or the council of the first nation, as the case may be, shall ensure that the following are posted on the Internet site:

• [...]

• (g) when the decision-making authority, in accordance with section 14, gives the public an opportunity to participate in the screening of a project or when the council of the first nation, under paragraph 22(a) or (b), decides that a comprehensive study is to be conducted, the description of the factors to be considered in the environmental assessment and their scope, or an indication of how a copy of the description may be obtained;

• (h) the screening or comprehensive study report considered by a decision-making authority for the purpose of a decision under section 16 or 28 or an indication of how a copy of the report may be obtained;