Factors to be Considered in Impact Assessments

Factors that must be taken into account in an impact assessment were introduced in module 2 of this course. This section highlights the factors that have been modified or newly introduced under the IAA:

Select each item below for more information.

(a) (b) (c) (d) (e)
(f) (g) (h) (i) (j)
(k) (l) (m) (n) (o)
(p) (q) (r) (s) (t)

(a)

(a) Changes to the environment or to health, social or economic conditions (including malfunctions, accidents, and cumulative effects).

NEW in the IAA, s. 22(1)

Prior to the IAA, federal assessments focused on adverse project-related effects on the environment, but one of the purposes of the IAA (s. 6) is to broaden the factors considered in order to include positive and negative project-related effects on health, social and economic conditions, and the environment.

(b)

(b) Mitigation measures that are technically and economically feasible.

(c)

(c) Impacts on any Indigenous group and on the rights of Indigenous peoples.

NEW in the IAA, s. 22(1)

The Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation, and partnership. One of the purposes of the IAA (s.6) is to ensure respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, in the course of impact assessments and decision-making.

(d)

(d) The purpose and need for the project.

NEW in the IAA, s. 22(1)

Although purpose is not new to assessments in Canada, this factor establishes the fundamental justification or rationale of the designated project. The need is established from the perspective of the proponent and provides context for consideration of alternatives.

(e)

(e) Alternative means of carrying out the project that are technically and economically feasible including through the use of best available technology.

(f)

(f) Alternatives to the project that are technically and economically feasible and directly related to the project.

NEW in the IAA, s. 22(1)

This factor requires the consideration of the functionally different ways to meet a designated project’s need and achieve its purpose that are technically and economically feasible.

(g)

(g) Indigenous knowledge provided with respect to the project.

NEW in the IAA, s. 22(1)

Knowledge of Indigenous peoples has been developed and refined over generations and provides valuable insights and information about the environment, as well as cultural, social, economic, health and spiritual aspects related to development projects. Under IAA. Indigenous knowledge must be considered in addition to other information and evidence.

(h)

(h) The extent to which the project contributes to sustainability.

NEW in the IAA, s. 22(1)

A purpose of the IAA (s.6) is to foster sustainability. Sustainability means the ability to protect the environment, contribute to the social and economic well-being of the people of Canada and preserve their health in a manner that benefits present and future generations.

(i)

(i) The extent to which the effects of the project hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments with respect to climate change.

NEW in the IAA, s. 22(1)

The effects of designated projects may contribute to or hinder Canada’s ability to meets its environmental obligations and its climate change commitments. Environmental obligations refers to obligations applicable to the Government of Canada in domestic and international law in relation to the protection of the natural environment. Commitments in respect of climate change are set out in legally binding and non-binding domestic and international instruments.

(j)

(j) Any change to the project that may be caused by the environment.

(k)

(k) The requirements of the follow-up program in respect of the project.

(l)

(l) Considerations related to Indigenous cultures raised with respect to the project.

NEW in the IAA, s. 22(1)

Cultural considerations takes into account Indigenous world views, Indigenous laws, and values, as well as impacts that a project may have on a community’s ability to continue cultural practices and pass these along to future generations.

(m)

(m) Community knowledge provided with respect to the project.

NEW in the IAA, s. 22(1)

Community knowledge is common, shared, or specialized knowledge gathered by a community through direct use of, or experience with, an environment or resource. A purpose of the IAA (s.6) is to ensure that community knowledge is taken into account in addition to scientific information and Indigenous knowledge.

(n)

(n) Comments received from the public.

(o)

(o) Comments from a jurisdiction that are received in the course of consultations conducted under section 21.

NEW in the IAA, s. 22(1)

A purpose of the IAA (s.6) is to ensure that opportunities are provided for meaningful public participation during an impact assessment.

(p)

(p) Any relevant assessment referred to in section 92, 93 or 95.

NEW in the IAA, s. 22(1)

A purpose of the IAA (s.6) is to encourage the assessment of the cumulative effects of physical activities in a region and the assessment of federal policies, plans or programs and the consideration of those assessments in impact assessments.

(q)

(q) Any assessment conducted by or on behalf of an Indigenous governing body.

NEW in the IAA, s. 22(1)

Indigenous communities may wish to undertake their own assessment process of certain projects. This could take many forms, depending on the specific needs and goals of the community. Should an Indigenous community undertake an assessment of a project, the Agency is committed to working with the community in order to coordinate, where possible, between processes, and to consider the results of that assessment in the federal impact assessment, and provide the outcome of the Indigenous-led assessment to the Minister for consideration in the federal decision.

(r)

(r) Any study or plan that is conducted or prepared by a jurisdiction — or an Indigenous governing body — in respect to a region related to the designated project.

NEW in the IAA, s. 22(1)

The Government of Canada is committed to using transparent decision-making processes founded on early engagement and inclusive participation, taking into account the best available scientific information, data, and Indigenous knowledge of the Indigenous peoples of Canada. Considering studies or plans conducted or prepared by a jurisdiction or an Indigenous governing body during the impact assessment ensures that these will help inform decision-making.

(s)

(s) The intersection of sex and gender with other identity factors (Gender-Based Analysis plus (GBA+)).

NEW in the IAA, s. 22(1)

Gender-Based Analysis plus (GBA+) is an analytical framework that will be used during impact assessments to ask important questions about how designated projects may differentially affect diverse or potentially vulnerable population subgroups. The Government of Canada is committed to assessing how groups of women, men, and gender-diverse people may experience policies, programs, and designated projects.

(t)

(t) Any other matter relevant to the impact assessment requiring consideration by the Agency or the Minister.

On the web: Fact Sheet: Section 22 – Factors to be considered descriptions