Impact Assessment Act

Marginal note:Conditions — adverse effects within federal jurisdiction

• 64 (1) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish any conditions that the Minister considers appropriate in relation to the adverse effects within federal jurisdiction that are indicated in the report. The proponent of the designated project must comply with those conditions.

• Marginal note:Conditions — direct or incidental adverse effects

  (2) The Minister must, based on any determination made by the Minister under subsection 60(1) or any determination made by the Governor in Council under section 62, as the case may be, establish in relation to the direct or incidental adverse effects that are indicated in the report any conditions that the Minister considers appropriate and that are directly linked or necessarily incidental to the exercise of a power or performance of a duty or function by a federal authority that would permit the designated project to be carried out, in whole or in part, or to the provision of financial assistance by a federal authority to a person for the purpose of enabling the carrying out, in whole or in part, of that project. The proponent of the designated project must comply with those conditions.

• Marginal note:Conditions subject to exercise of power or performance of duty or function

  (3) The conditions referred to in subsection (2) take effect only if the federal authority exercises the power or performs the duty or function or provides the financial assistance.

• Marginal note:Mitigation measures and follow-up program

  (4) The conditions referred to in subsections (1) and (2) must include

  • (a) the implementation of the mitigation measures that the Minister takes into account in making any determination under subsection 60(1), or that the Governor in Council takes into account in making any determination under section 62, other than those the implementation of which the Minister is satisfied will be ensured by another person or by a jurisdiction; and

  • (b) the implementation of a follow-up program and, if the Minister considers it appropriate, an adaptive management plan.