I'll give you the example of an in situ oil sands project where there may not be a federal trigger. An in situ oil sands project may not require the issuance of a federal permit. So although the oil sands are located in areas where there are substantial aboriginal populations, and although oil sands development will have an effect on aboriginal peoples, if there is no federal decision required, there would not be a federal EA of an in situ project. However, an oil sands mine tends to require a federal permit, whether from Fisheries or Transport. So an oil sands mine would be reviewed but an oil sands in situ project might not be.
On October 20th, 2011. See this statement in context.