Analysis

An impact assessment is based on science, Indigenous knowledge, and other sources of evidence provided by the proponent in the Impact Statement, as well as from contributions from the federal authorities, other jurisdictions, Indigenous groups, the public and, where necessary, an external technical review.

The impact assessment analysis includes:

Select each item for more information.

Item 1

An analysis of positive and adverse effects likely to be caused by the designated project (i.e., the assessment must take into account the impact assessment factors [IAA, s.22(1)] as described in the Tailored Impact Statement Guidelines; these were introduced in module 2 of this course).

Item 2

The identification of adverse effects within federal jurisdiction and adverse direct or incidental effects (resulting from federal decisions).

Item 3

An analysis of the extent to which the adverse effects within federal jurisdiction, and the adverse direct or incidental effects, are significant.

For those adverse effects within federal jurisdiction, as well as for adverse direct or incidental effects, the Agency will draft potential conditions for the Minister to consider issuing to the proponent in the Decision Statement.

What about effects that are not within federal jurisdiction?

Glossary: Direct or incidental effects, Decision Statement, Effects within Federal Jurisdiction, Impact assessment factors [IAA, S.22(1)]

What about effects that are not within federal jurisdiction?

The Decision Statement will not identify conditions related to adverse effects that are either not within federal jurisdiction or are not direct or incidental effects. However, it may be possible to apply complementary measures to address these effects.

Complementary measures are initiatives that are undertaken under federal programs, under the authority of a federal Minister or department, or by other jurisdictions. In some cases, complementary measures may address effects that are not within federal jurisdiction. The proponent may also voluntarily choose to address effects outside of federal jurisdiction.

Direct or incidental effects

Effects that result from federal decisions that would permit a designated project to be carried out or federal funding that would enable the designated project.

Decision Statement

Document issued by the Minister that includes the public interest determination.

Effects within Federal Jurisdiction

Effects within federal jurisdiction are defined in section 2 of the Impact Assessment Act.

In general, they are effects related to a physical activity or a designated project that change:

  1. environmental components within the legislative authority of Parliament such as fish, other aquatic species or migratory birds;
  2. the environment on federal lands, in another province or outside Canada;
  3. the environment in a way that impacts Indigenous peoples of Canada through impacts to their physical and cultural heritage, their current use of lands and resources for traditional purposes, or any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
  4. the health, social or economic conditions of the Indigenous peoples of Canada; and
  5. a health, social or economic matter that is within the legislative authority of Parliament.

Impact Assessment Factors, IAA, s.22(1)

Factors To Be Considered

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:

  1. 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
    1. the effects of malfunctions or accidents that may occur in connection with the designated project,
    2. 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
    3. the result of any interaction between those effects;
  2. mitigation measures that are technically and economically feasible and that would mitigate any adverse effects of the designated project;
  3. 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;
  4. the purpose of and need for the designated project;
  5. 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;
  6. any alternatives to the designated project that are technically and economically feasible and are directly related to the designated project;
  7. Indigenous knowledge provided with respect to the designated project;
  8. the extent to which the designated project contributes to sustainability;
  9. 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;
  10. any change to the designated project that may be caused by the environment;
  11. the requirements of the follow-up program in respect of the designated project;
  12. considerations related to Indigenous cultures raised with respect to the designated project;
  13. community knowledge provided with respect to the designated project;
  14. comments received from the public;
  15. comments from a jurisdiction that are received in the course of consultations conducted under section 21;
  16. any relevant assessment referred to in section 92, 93 or 95;
  17. 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;
  18. 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;
  19. the intersection of sex and gender with other identity factors; and
  20. any other matter relevant to the impact assessment that the Agency requires to be taken into account.