Impact Assessment Act

Marginal note:Decision

• 16 (1) After posting a copy of the notice on the Internet site under subsection 15(3), the Agency must decide whether an impact assessment of the designated project is required.

• Marginal note:Factors

  (2) In making its decision, the Agency must take into account the following factors:

  • (a) the description referred to in section 10 and any notice referred to in section 15;

  • (b) the possibility that the carrying out of the designated project may cause adverse effects within federal jurisdiction or adverse direct or incidental effects;

  • (c) 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;

  • (d) any comments received within the time period specified by the Agency from the public and from any jurisdiction or Indigenous group that is consulted under section 12;

  • (e) any relevant assessment referred to in section 92, 93 or 95;

  • (f) any study that is conducted or plan that is prepared by a jurisdiction — in respect of a region that is related to the designated project — and that has been provided to the Agency; and

  • (g) any other factor that the Agency considers relevant.

• Marginal note:Posting notice on Internet site

  (3) The Agency must post a notice of its decision and the reasons for it on the Internet site.