Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Marginal note:Factors — impact assessment

• 22 (1) The impact assessment of a designated project, whether it is conducted by the Agency or a review panel, must take into account the following factors:

  • (a) the changes to the environment or to health, social or economic conditions and the positive and negative consequences of these changes that are likely to be caused by the carrying out of the designated project, including

    • (i) the effects of malfunctions or accidents that may occur in connection with the designated project,

    • (ii) any cumulative effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out, and

    • (iii) the result of any interaction between those effects;

  • (b) mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;

  • (c) the impact that the designated project may have on any Indigenous group and 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) the purpose of and need for the designated project;

  • (e) alternative means of carrying out the designated project that are technically and economically feasible, including through the use of best available technologies, and the effects of those means;

  • (f) any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;

  • (g) Indigenous knowledge provided with respect to the designated project;

  • (h) the extent to which the designated project contributes to sustainability;

  • (i) the extent to which the effects of the designated project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;

  • (j) any change to the designated project that may be caused by the environment;

  • (k) the requirements of the follow-up program in respect of the designated project;

  • (l) considerations related to Indigenous cultures raised with respect to the designated project;

  • (m) community knowledge provided with respect to the designated project;

  • (n) comments received from the public;

  • (o) comments from a jurisdiction that are received in the course of consultations conducted under section 21;

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

  • (q) any assessment of the effects of the designated project that is conducted by or on behalf of an Indigenous governing body and that is provided with respect to the designated project;

  • (r) any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body not referred to in paragraph (f) or (g) of the definition jurisdiction in section 2 — that is in respect of a region related to the designated project and that has been provided with respect to the project;

  • (s) the intersection of sex and gender with other identity factors; and

  • (t) any other matter relevant to the impact assessment that the Agency requires to be taken into account.

• Marginal note:Scope of factors

  (2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).