Impact Assessment Act

Marginal note:Referral to Governor in Council

• 61 (1) After taking into account the report with respect to the impact assessment of a designated project that the Minister receives under section 55 or that is submitted to the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to the Governor in Council

  • (a) the matter of determining, after taking into account the implementation of any mitigation measures that the Governor in Council considers appropriate, whether the adverse effects within federal jurisdiction — and the direct or incidental adverse effects — that are indicated in the report are likely to be, to some extent, significant and, if so, the extent to which those effects are significant; and

  • (b) the matter of determining whether the effects, if any, that are likely to be, to some extent, significant are, in light of the extent to which they are significant and the factors referred to in section 63, justified in the public interest.

• Marginal note:Definition of responsible Minister

  (1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

  • (a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;

  • (a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;

  • (b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act;

  • (c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.

• Marginal note:Responsible Minister’s obligation

  (2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

  • (a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

  • (b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.