Phase 4 – Decision-Making

The purpose of the Decision-making phase is to determine whether the adverse effects of the project, and adverse direct or incidental effects (resulting from federal decisions) indicated in the report are, in light of criteria used for decision-making and the extent to which those effects are significant, in the public interest. The public interest determination is made by the Minister or Governor in Council (GIC). The determination is informed by the Impact Assessment Report developed during the Impact Assessment phase (Module 4) and the public interest factors outlined in the Impact Assessment Act (IAA). It includes an assessment of impact assessment factors, examining positive and adverse effects of the project on environmental, health, social and economic conditions. This assessment includes examining impacts on Indigenous groups and impacts on the rights of Indigenous peoples.

For an impact assessment by the Agency, the Minister of Environment and Climate Change Canada makes the public interest determination unless referred to the GIC. The GIC will always make the public interest determination for impact assessments conducted by Review Panel. The Minister issues the Decision Statement which includes the public interest determination, the reasons for the decision, and the conditions with which the proponent must comply.

When the Minister makes the public interest determination, the decision-making process can be summarized as:

Select each item below for more information.

Key Steps and Timelines

Public Interest Determination by Minister

1 2
30 Days
Minister’s Decision Statement
3

When the public interest determination is referred to the GIC for consideration, the decision-making process can be summarized as:

Select each item below for more information.

Public interest determination referred to GIC for consideration

1 2 3
90 Days
Minister’s Decision Statement
4

1

The Impact Assessment Report is posted on the Canadian Impact Assessment Registry (the Registry) site.

2

The Minister makes the public interest determination.

3

The Minister issues the Decision Statement within 30 days.

1

The Impact Assessment Report is posted on the Registry site.

2

A notice of referral is provided to the GIC along with the reasons for referral — and is posted to the Registry.

3

The GIC makes the public interest determination.

4

The Minister issues the Decision Statement within 90 days.

Note: The Minister can refer the public interest determination to GIC at their discretion for assessments conducted by the Agency.

Glossary: Governor in Council (GIC), Impact Assessment Factors

Governor in Council

The Governor General of Canada acts by and with the advice and consent of the Cabinet.

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.