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 adverse effects within federal jurisdiction — or the direct or incidental adverse effects — that may be caused by the carrying out of the designated project;

  • (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;

  • (f.1) whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that may be caused by the carrying out of the designated project; and

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

• Marginal note:Limitation

  (2.1) The Agency may decide that an impact assessment is required only if it is satisfied that the carrying out of the designated project may cause adverse effects within federal jurisdiction or direct or incidental adverse effects.

• 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.