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

Marginal note:Referral to Governor in Council

• 90 (1) If the authority determines that the carrying out of a project on federal lands or outside Canada is likely to cause significant adverse environmental effects, the authority may refer to the Governor in Council the matter of whether those effects are justified in the circumstances.

• Marginal note:Referral through Minister

  (2) When the determination is made by an authority other than a federal Minister, then the referral to the Governor in Council is made through the Minister responsible before Parliament for that authority.

• Marginal note:Governor in Council’s decision

  (3) When a matter has been referred to the Governor in Council, the Governor in Council must decide whether the significant adverse environmental effects are justified in the circumstances and must inform the authority of its decision.