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

Marginal note:Factors

• 84 (1) An authority’s determination regarding whether the carrying out of the project is likely to cause significant adverse environmental effects must be based on a consideration of the following factors:

  • (a) any adverse impact that the project may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

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

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

  • (d) comments received from the public under subsection 86(1); and

  • (e) the mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project that the authority is satisfied will be implemented.

• Marginal note:Factors — project outside Canada

  (2) However, if the project is to be carried out outside Canada, the authority’s determination need not include a consideration of the factors set out in paragraphs (1)(a) and (b).