Making a Public Interest Determination

Public interest is at the centre of decision-making. The Impact Assessment Report and Crown consultation outcomes inform the Minister or GIC determination of whether a project’s adverse effects within federal jurisdiction, and the adverse direct or incidental effects (resulting from federal decisions), are in the public interest. If the Minister determines that they are, the Minister must establish conditions that they consider appropriate for the project. Decision Statements set out the reasons for the decision, providing transparency and accountability, as well as enforceable conditions of approval for the project with which the proponent must comply.

A public interest determination must be based on the Impact Assessment Report and a consideration of the following public interest factors:

Select each item for more information.

Item 1

The project’s contribution to sustainability.

Item 2

The extent to which adverse effects within federal jurisdiction, and the adverse direct or incidental effects (resulting from federal decisions), are significant.

Item 3

Associated mitigation measures.

Item 4

Impacts on Indigenous groups and adverse impacts on their rights.

Item 5

The extent that the project’s effects hinder or contribute to Canada’s ability to meet its environmental obligations and climate change commitments.

Public Interest factors from s.63 of the Impact Assessment Act (IAA)

Public Interest factors from s.63 of the Impact Assessment Act (IAA)

Impact Assessment Act, s. 63

(a) the extent to which the designated project contributes to sustainability;

(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;

(c) the implementation of the mitigation measures that the Minister or the Governor in Council, as the case may be, considers appropriate;

(d) 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; and

(e) 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.

Reference: Impact Assessment Act. Available at https://laws.justice.gc.ca/eng/acts/I-2.75/index.html