Nunavut Planning and Project Assessment Act (S.C. 2013, c. 14, s. 2)

Marginal note:Joint panel

• 162 (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project.

• Marginal note:Compatibility

  (2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection.

• Marginal note:Members

  (3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel.

• Marginal note:Interpretation

  (4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.

Parks and Conservation Areas

Projects

Marginal note:Definition of responsible authority

163 In sections 164 to 170, responsible authority means, as the case may be,

• (a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or

• (b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.

Marginal note:Project proposal

• 164 (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.

• Marginal note:Contents

  (2) A project proposal must contain a description of the project prepared in accordance with criteria established by the responsible authority.

• Marginal note:Grouping of related projects

  (3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act.

• Marginal note:Notice

  (4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.

Marginal note:Conformity with requirements

165 The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.

Marginal note:Verification — screening

• 166 (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening.

• Marginal note:Exemption from screening

  (2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.

• Marginal note:Authority may consult Board

  (3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.

Marginal note:Project not exempt from screening

167 If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.

Marginal note:Project exempt from screening

• 168 (1) If a project is exempt from screening and the responsible authority has concerns in respect of any cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.

• Marginal note:No concerns — cumulative impacts

  (2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law, carry out the project.

• Marginal note:Location of impacts

  (3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area.

Marginal note:Time limit

• 169 (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165.

• Marginal note:Time not counted — additional information

  (2) Any time required for the proponent to provide information required under subsection 144(1) as modified by paragraph 170(a) does not count as part of the period referred to in subsection (1).

Marginal note:Application of certain provisions

170 Section 73, paragraphs 74(a) to (e) and (g), section 75, subsections 86(1) and (2), sections 87 to 98, subsections 99(1) and (2), sections 100 to 117, subsections 118(1) and (2) and sections 120 to 162 apply in respect of the project subject to the following:

• (a) in those provisions, a reference to the Commission is a reference to the responsible authority;

• (b) in paragraphs 74(a) and 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4), 147(2) and 156(1), the reference to section 76 is a reference to section 164;

• (c) in paragraphs 74(d), 75(1)(d) and 150(a), a reference to section 77 is a reference to section 165, a reference to an applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility and in paragraphs 74(d) and 75(1)(d), the reference respecting a minor variance or a ministerial exemption does not apply;

• (d) in subsection 86(1), section 87 and paragraphs 92(3)(a) and 100(a), the references to section 79 and subsection 80(1) are, respectively, references to section 167 and subsection 168(1);

• (e) if the Board makes an inclusion under paragraph 86(1)(a) or 99(1)(a), the Board must not proceed with the screening or the review, as the case may be, and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project;

• (f) in paragraph 92(3)(c), the day is the day on which the Board receives a decision from the responsible authority, by reason of paragraph (e), that comes to the conclusion referred to in section 167 or subsection 168(1);

• (g) in paragraph 93(1)(a) and subsections 111(3) and 155(2), the reference respecting paragraph 74(f) does not apply;

• (h) in section 98, the reference to sections 88 to 97 is a reference to those sections, taking into account any modifications made to them under this section;

• (i) if the Minister of the Environment makes an inclusion under paragraph 118(1)(a), the federal environmental assessment panel must not proceed with the review and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project;

• (j) a federal environmental assessment panel must review the project in relation to which the scope has been determined if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the responsible authority, by reason of paragraph (i), comes to the conclusion referred to in section 167 or subsection 168(1);

• (k) in subsection 132(2), the reference to subsections 111(2) to (4) is a reference to subsection 111(2), to subsection 111(3), as modified by paragraph (g), and to subsection 111(4);

• (l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (g);

• (m) in paragraph 150(b), the reference to section 93 is a reference to that section as modified by paragraph (g) and the references to paragraphs 81(2)(a) and 82(2)(a) do not apply;

• (n) in paragraph 150(c) and subsection 153(1), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);

• (o) in subsection 152(3), the reference to any applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility;

• (p) in subsection 153(2), the reference to sections 87 to 140 is a reference to those sections, taking into account any modifications made to them under this section;

• (q) in subsection 156(1), the reference to section 80 is a reference to section 168;

• (r) in subsection 156(2), the reference to sections 77 to 79 is a reference to sections 165 to 167 and the references respecting sections 81, 82 and 85 do not apply;

• (s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (e), subsections 86(1) and (2) and sections 87 to 98, taking into account any modifications made to those provisions under this section;

• (t) in subsection 157(2), the reference to subsection 86(3) is a reference to paragraph (e) and the reference to section 87 is a reference to that section as modified by paragraph (d);

• (u) in subsection 158(2), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to sections 100 to 114 is a reference to those sections, taking into account any modifications made to them under this section;

• (v) in subsection 158(3), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to section 100 is a reference to that section as modified by paragraph (d);

• (w) in subsection 161(3), the reference to sections 116 to 133 is a reference to paragraphs (i) and (j), sections 116 and 117, subsections 118(1) and (2) and sections 120 to 133;

• (x) in subsection 161(4), the references to subsection 118(3) and section 119 are, respectively, references to paragraphs (i) and (j); and

• (y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x).

Marginal note:Project partly outside park, etc.

171 If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency,

• (a) sections 76, 80, 164 and 168 apply in respect of the entire project;

• (b) sections 163 and 165 to 167 apply only in respect of the portion of the project to be carried out inside the park or historic place; and

• (c) sections 77 to 79, 81, 82 and, subject to paragraph (a), 85 apply only in respect of the portion of the project that is to be carried out outside the park or historic place.

Marginal note:Projects inside certain conservation areas

172 Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency.

Establishment, Abolition and Alteration of Area

Interpretation

Marginal note:Ministerial initiative

173 If a federal or territorial minister proposes an initiative referred to in subsection 174(1), a reference to a department or agency in subsections 174(1) and (3), 177(6) and 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister.

Proposal

Marginal note:Duty — department or agency

• 174 (1) The department or agency proposing an initiative whose purpose is to establish or abolish a park or a conservation area, in whole or in part inside the designated area, or to expand or reduce its area, in whole or in part within the designated area, must submit a proposal to the Commission.

• Marginal note:Content of proposal

  (2) The proposal must contain a description of the initiative prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).

• Marginal note:Notice

  (3) The Commission must publish in its public registry a notice of receipt for the initiative. That notice must contain a summary of the initiative, including a description of its nature and an indication of where it is to be carried out, and the name of the department or agency.

Land Use Plan in Effect

Marginal note:Conformity with plan

• 175 (1) The Commission must determine if an initiative is in conformity with any land use plan that is applicable to the place where the initiative is to be carried out.

• Marginal note:Multiple plans

  (2) If different portions of the initiative are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the initiative is not in conformity with the land use plan applicable to it, the entire initiative is deemed not to be in conformity.

Marginal note:Initiative in conformity with plan

176 If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening.

Marginal note:Initiative not in conformity with plan

• 177 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48(3), if any, are met.

• Marginal note:Minor variance permitted

  (2) If the land use plan authorizes the granting of a minor variance and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the initiative is not in conformity with the plan,

  • (a) grant the variance, in which case it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or

  • (b) refuse to grant the variance.

• Marginal note:Publication

  (3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.

• Marginal note:Objection

  (4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission, in writing, that the proposed minor variance should not be granted because

  • (a) the land use plan does not authorize the granting of the minor variance;

  • (b) the conditions subject to which a minor variance may be granted are not met; or

  • (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.

• Marginal note:Reasons taken into account and public review

  (5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.

• Marginal note:Extension of time limit

  (6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the department or agency of the extension in writing.