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

Marginal note:Request for ministerial exemption

• 178 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, the department or agency may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after

  • (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or

  • (b) the Commission’s decision to refuse to grant a minor variance.

• Marginal note:Ministerial decision

  (2) The Minister or Ministers, as the case may be, must, within 120 days after the day on which they receive a request under subsection (1), either

  • (a) grant the exemption, in which case the Commission must make the decision public and send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or

  • (b) refuse the exemption.

• Marginal note:Consultation

  (3) An exemption may only be granted after consultation with the Commission, the relevant regulatory authorities and the relevant departments or agencies that are not regulatory authorities.

• Marginal note:Extension of time limit

  (4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the department or agency and the Commission of the extension in writing.

Marginal note:Time limit

• 179 (1) The Commission must exercise its powers and perform its duties and functions under sections 175 and 176 within 45 days after the day on which it receives the proposal in respect of the initiative.

• Marginal note:Time not counted

  (2) If the Commission determines that an initiative is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties and functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1).

• Marginal note:Time not counted — public review

  (3) If the Commission conducts a public review under subsection 177(5), any time required to conduct it does not count as part of the period referred to in subsection 177(2).

Marginal note:Time not counted — additional information

180 Any time required for the department or agency to provide information required under subsection 144(1) as modified by paragraph 182(a) does not count as part of the periods referred to in subsections 177(2) and (4) and 179(1).

No Land Use Plan

Marginal note:Sending of proposal

181 If there is no applicable land use plan, the Commission must, within 10 days after the day on which it receives the proposal in respect of the initiative, send the proposal to the Board in order for the Board to conduct a screening.

Applicable Regime

Marginal note:Application of certain provisions

182 Sections 73, 75, 86, 88 to 99, 101 to 146, 148 to 150 and 156 to 162 apply in respect of the initiative, subject to the following:

• (a) in those sections, a reference to a project is a reference to the initiative and a reference to a proponent is a reference to a department or agency;

• (b) in paragraph 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4) and 156(1), the reference to section 76 is a reference to section 174;

• (c) in paragraph 75(1)(d), the reference to section 77 is a reference to section 175 and the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a);

• (d) in subsection 86(1) and paragraph 92(3)(a), the reference to “section 79 or subsection 80(1)” is a reference to “section 176 or paragraph 177(2)(a) or 178(2)(a) or section 181”;

• (e) in subsections 86(3), 99(3) and 118(3), the references to sections 77, 81 and 82 are, respectively, references to sections 175, 177 and 178;

• (f) the Board must screen the initiative in relation to which it has determined the scope in the manner that it considers appropriate to the nature of the initiative if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and it receives a decision, by reason of subsection 86(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it;

• (g) in paragraph 92(3)(c) and subsection 157(2), the reference to subsection 86(3) is a reference to that subsection as modified by paragraph (e);

• (h) in paragraph 93(1)(a) and subsection 111(3), the reference respecting paragraphs 74(f) and (g) does not apply;

• (i) the Board must review the initiative in relation to which it has determined the scope if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

  • (i) it receives a decision, by reason of subsection 99(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it, and

  • (ii) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board must conduct the review of the initiative;

• (j) in section 119, the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e);

• (k) in paragraph 135(3)(b), the reference respecting subsection 152(6) does not apply;

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

• (m) in paragraph 150(a), the reference to section 77 is a reference to section 175;

• (n) in paragraph 150(b), the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a), the reference to section 93 is a reference to that section as modified by paragraph (h), and the references to subsection 152(6) and paragraph 155(1)(b) do not apply;

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

• (p) in paragraph 150(d), the reference respecting subsection 152(4) does not apply;

• (q) in subsection 156(1), the reference to section 80 does not apply;

• (r) in subsection 156(2), the reference respecting sections 77 to 79, 81, 82 and 85 is a reference to sections 175 to 178 and 181;

• (s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (f) and sections 86 and 88 to 98, taking into account any modifications made to those sections under this section;

• (t) in subsection 157(2), the reference to section 87 is a reference to paragraph (f);

• (u) in subsection 158(2), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), the reference to sections 100 to 114 is a reference to paragraph (i) and sections 101 to 114, taking into account any modifications made to those sections under this section;

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

• (w) in subsection 161(3), the reference to sections 116 to 133 is a reference to those sections, taking into account any modifications made to those sections under this section;

• (x) in subsection 161(4), the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e) and the reference to section 119 is a reference to that section as modified by paragraph (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).

Previous Work

Marginal note:Consideration

183 The person or body exercising powers or performing duties or functions under sections 174 to 182 may consider, and rely on, any information collected, or study or analysis carried out, in respect of the initiative by any department or agency so as to ensure efficiency and avoid duplication.

PART 4Review of Projects to Be Carried Out Outside the Designated Area

Marginal note:Initiative

184 In this Part, project includes an initiative whose purpose is to establish or abolish a park or a conservation area or to expand or reduce its area.

Marginal note:Review by Board

185 The Board may — at the request of the Government of Canada or the Government of Nunavut or, with the consent of both governments, of the designated Inuit organization — conduct a review of a project that is to be carried out entirely outside the designated area and may have significant adverse ecosystemic or socio-economic impacts inside the designated area.

Marginal note:Report

186 Within 45 days after the end of the Board’s review of a project, the Board must submit to the Government of Canada and the Government of Nunavut, and to the designated Inuit organization if the review was conducted at its request, a written report that contains

• (a) its assessment of the project and the project’s ecosystemic and socio-economic impacts inside the designated area;

• (b) its determination, based on the assessment referred to in paragraph (a), as to whether the project should or should not proceed; and

• (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

Marginal note:Follow-up

187 The Government of Canada and the Government of Nunavut must each take any action in response to the report that it considers appropriate in the circumstances.

Marginal note:Interpretation

188 For greater certainty, sections 185 to 187 do not limit the jurisdiction of any other authority having powers, duties or functions in relation to the review of the impacts of the project.

PART 5General Provisions

Interpretation

Marginal note:Initiative

• 189 (1) In this Part, in the case of an initiative referred to in subsection 174(1), a reference to a project is a reference to the initiative and a reference to a proponent is a reference to the department or agency — or, by application of section 173, the federal or territorial minister — proposing that initiative.

• Marginal note:Definitions

  (2) The following definitions apply in this Part.

  responsible authority

  responsible authority has the same meaning as in section 163. (autorité compétente)

  responsible Minister

  responsible Minister has the same meaning as in subsection 73(1). (ministre compétent)

Standing During Assessment

Marginal note:Standing — certain Indian bands

190 In the exercise of their powers and the performance of their duties and functions related to review under Parts 2 to 4, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to the councils of the Fort Churchill Indian Band, the Northlands Indian Band, the Black Lake Indian Band, the Hatchet Lake Indian Band and the Fond du Lac Indian Band to make submissions respecting the interests of their respective bands in relation to the areas within the designated area that those bands have traditionally used and continue to use and those bodies must take those submissions into account.

Marginal note:Standing — Makivik

191 In the exercise of their powers and the performance of their duties and functions in relation to islands and marine areas of the Nunavut Settlement Area that are traditionally used and occupied by the Inuit of Northern Quebec, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to Makivik to make submissions respecting the interests of the Inuit of northern Quebec and those bodies must take those submissions into account.

Coordination of Activities

Marginal note:Commission and Board

192 The Commission and the Board may coordinate their respective activities.

Marginal note:Nunavut Water Board

193 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel must coordinate their respective activities relating to the review of a project requiring a licence under the Nunavut Waters and Nunavut Surface Rights Tribunal Act with those of the Nunavut Water Board so as to ensure efficiency and avoid duplication.

Marginal note:Similar institutions

194 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel may coordinate their respective activities with those of bodies having similar powers, duties or functions in any area in or adjacent to the designated area.

Marginal note:Agreement — impacts outside designated area

• 195 (1) The Government of Canada and the Government of Nunavut must, with the assistance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collaboration between the Board, any federal environmental assessment panel and those governments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area.

• Marginal note:Interpretation

  (2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board.

Marginal note:Advice regarding marine areas

196 The Commission and the Board may advise departments or agencies and make recommendations to them respecting marine areas, either individually or, as part of the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, both acting jointly with the Nunavut Water Board and the Nunavut Wildlife Management Board, and the Government of Canada and the Government of Nunavut must consider that advice and those recommendations when making any decision that may affect those marine areas.

Information and Documents

Obtaining Information

Marginal note:Required information

• 197 (1) If a regulatory authority or a department or agency or municipality that is not a regulatory authority is in possession of specialist or expert information or knowledge, including traditional knowledge, it must, at the request of the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, make that information or knowledge available to them if they require it to exercise their powers or perform their duties or functions.

• Marginal note:Limitation — discretion

  (2) Despite subsection (1), if a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under any other Act of Parliament or any territorial law to refuse to disclose the information or knowledge, they are not required to disclose it.

• Marginal note:Exercise of discretion

  (3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement.

Marginal note:Limitation — restriction on disclosure

198 Despite any other provision of this Act, proponents, regulatory authorities and departments or agencies that are not regulatory authorities are not required to provide the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel, the responsible Minister or any person designated under section 209 with any information whose disclosure is restricted under any other Act of Parliament or any territorial law.

Use of Information

Marginal note:Limitation — use for exercising powers, etc.

199 The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act.

Communication of Information and Documents

Marginal note:Decisions and reports — Commission

• 200 (1) The Commission must provide

  • (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 77, subsection 78(1), section 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2);

  • (b) in the case of a decision made under subsection 80(2), the regulatory authorities identified by the proponent with the project proposal; and

  • (c) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3).

• Marginal note:Decisions, reports and certificates — Board

  (2) The Board must

  • (a) provide the proponent, the Commission and the regulatory authorities identified by the proponent with any decision that it makes under subsection 86(1), 99(1) or 142(1);

  • (b) provide the proponent and the regulatory authorities identified by the proponent with any original or revised report referred to in subsection 92(1), 104(1) or (3), 107(1) or (2) or 112(5) or paragraph 135(4)(c);

  • (c) if the responsible Minister is a territorial minister, provide the federal Minister with any report referred to in subsection 92(1);

  • (d) in the case of a decision made under paragraph 93(1)(a), or after issuing a certificate under subsection 111(1), 112(10) or 132(1), provide the regulatory authorities identified by the proponent with the project proposal;

  • (e) provide the proponent with every original or amended project certificate that it issues and provide a copy of that certificate to the regulatory authorities identified by the proponent;

  • (f) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with the findings and conclusions referred to in section 124;

  • (g) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with any report referred to in subsection 127(1) or (2);

  • (h) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 155(1)(b); and

  • (i) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4).

• Marginal note:Decisions and reports — panels

  (3) Each federal environmental assessment panel must provide

  • (a) the proponent, the Commission and the regulatory authorities identified by the proponent with any decision made by the Minister of the Environment under subsection 118(1);

  • (b) the proponent and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1) and any decision that it makes under subsection 144(2); and

  • (c) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under subsection 142(1).

• Marginal note:Decisions — Minister

  (4) The responsible Minister must provide

  • (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision made by that Minister under subsection 93(1) or 94(1) or (3), section 95, 105 or 106 or subsection 107(3) or (4) or 112(6) or (7) and with any decision amended under subsection 139(3); and

  • (b) the proponent, the Board, the Minister of the Environment and the regulatory authorities identified by the proponent with any decision made by the responsible Minister under section 125 or 126 or subsection 127(3) or (4).

• Marginal note:Other decisions — Minister

  (5) The federal Minister or the territorial Minister, or both, as the case may be, must provide

  • (a) the Commission with any request for a ministerial exemption submitted under subsection 82(1) or 178(1); and

  • (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision made under subsection 82(2) or 178(2).

• Marginal note:Decisions and reports — Minister

  (6) The federal Minister must provide

  • (a) the relevant regulatory authorities with any report submitted under subsection 152(2); and

  • (b) the person or entity referred to in subsection 152(2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152(6).

• Marginal note:Decisions and reports — joint panel

  (7) Each joint panel must provide

  • (a) the proponent, the authority referred to in paragraph 160(1)(b) and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1); and

  • (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision it makes under subsection 142(1).

• Marginal note:Decisions and reports — responsible authority

  (8) Each responsible authority must provide

  • (a) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3);

  • (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 165, subsection 166(1) or section 168; and

  • (c) in the case of a decision made under subsection 168(2), the project proposal to the regulatory authorities identified by the proponent.

• Marginal note:Interpretation

  (9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164(1), a reference to the Commission is a reference to the responsible authority.