Phase 4: Decision Making

Impact Assessment by the Agency

1. The Agency provides the Minister with the Impact Assessment Report, Consultation Report and potential ^{Footnote conditions.}
2. Based on the Impact Assessment Report, the Minister must determine if the adverse effects within federal jurisdiction and the adverse direct or incidental effects are in the public interest, or refer the determination to the ^{Footnote Governor in Council}.
3. Prior to making the determination, the decision-maker (whether Minister or Governor in Council) must be satisfied that the Crown duty to consult and accommodate Indigenous peoples has been fulfilled.
4. If the Minister refers the determination to the Governor in Council, a Notice of Referral and the reasons for the referral are posted to the Agency's Registry Internet Site (the Registry).
5. Once the determination is made by the decision-maker (Minister or Governor in Council), the Minister issues a ^{Footnote Decision Statement} to the Proponent with the reasons for the determination and conditions. When the Minister makes the public interest determination, the Decision Statement must be issued no later than 30 days after the Impact Assessment Report is posted on the Registry. When the Governor in Council makes the public interest determination, the Decision Statement must be issued no later than 90 days after the Impact Assessment Report is posted on the Registry.
6. The Agency posts the Decision Statement to the Registry.

Impact Assessment by a Review Panel

1. The Minister must refer the public interest determination to the Governor in Council.
2. The Governor in Council determines whether the adverse effects within federal jurisdiction and the adverse direct or incidental effects are in the public interest, and whether the Crown duty to consult and accommodate Indigenous peoples has been fulfilled.
3. The Minister issues a Decision Statement to the Proponent with the reasons for the determination. The Decision Statement must be issued no later than 90 days after the recommendations for the Minister with respect to conditions is posted on the Registry.
4. The Agency posts the Decision Statement to the Registry.

In the case of Integrated Review Panels with lifecycle regulators, in addition to the steps outlined above for Review Panels:

1. The Minister's referral to the Governor in Council is done in consultation with the Minister of Natural Resources.
2. The Governor in Council determines whether the adverse effects within federal jurisdiction and the adverse direct or incidental effects are in the public interest, and whether the Crown duty to consult and accommodate Indigenous peoples has been fulfilled.
3. The Minister issues a Decision Statement to the Proponent with the reasons for the determination. The Decision Statement must be issued no later than 90 days after the recommendations for the Minister with respect to conditions is posted on the Registry.
4. The Agency posts the Decision Statement to the Registry.
5. Following the public interest determination made by the Governor in Council, regulatory decisions under the lifecycle regulator's legislation may be taken by lifecycle regulators.
6. For designated projects regulated under the Nuclear Safety and Control Act, the Minister may designate any condition that is included in the Decision Statement as part of the license issued under the Nuclear Safety and Control Act.
7. For designated projects regulated under the Canadian Energy Regulator Act, decision statements will be considered part of the certificate issued under the Canadian Energy Regulator Act.

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