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

Status and General Powers

Marginal note:Status

• 35 (1) The Commission and the Board are institutions of public government.

• Marginal note:Property and contracts

  (2) The Commission and the Board may, for the purposes of conducting their business,

  • (a) acquire property in their own names and dispose of the property; and

  • (b) enter into contracts in their own names.

• Marginal note:Legal proceedings

  (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation.

Head Office

Marginal note:Nunavut Settlement Area

36 The head offices of the Commission and the Board must be in the Nunavut Settlement Area.

Languages

Marginal note:Language of business

• 37 (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut.

• Marginal note:Public hearings and reviews

  (2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.

• Marginal note:Members

  (3) Nothing in subsection (1) or (2) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.

• Marginal note:Witnesses

  (4) The Commission or the Board has, in any proceedings before it, the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut and that, in being so heard, the witness will not be placed at a disadvantage by not being heard in another of those languages.

By-laws and Rules

Marginal note:Pre-publication

• 38 (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by

  • (a) publishing the proposed by-law or rule on its website;

  • (b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and

  • (c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area.

• Marginal note:Comments invited

  (2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice.

• Marginal note:Response to comments

  (3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2).

• Marginal note:Exception

  (4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons.

• Marginal note:Notice

  (5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.

Financial Provisions

Marginal note:Annual budget

• 39 (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval.

• Marginal note:Accounts

  (2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

• Marginal note:Consolidated financial statements

  (3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them.

• Marginal note:Audit

  (4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister.

PART 2Land Use Planning

Interpretation

Marginal note:Definition of land

40 In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.

Policies, Priorities and Objectives

Marginal note:Designated area

41 The Commission is responsible for the establishment, in conjunction with the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, of broad planning policies, priorities and objectives for the designated area regarding the conservation, development, management and use of land.

Marginal note:Planning regions

• 42 (1) The Commission must identify planning regions and may, for each planning region, identify specific planning objectives and planning variables regarding the conservation, development, management and use of land.

• Marginal note:Consistency

  (2) The specific planning objectives must be consistent with the broad objectives established for the designated area.

Marginal note:Consultations

43 The Commission must seek the opinions of affected municipalities, interested corporations and organizations, residents and other interested persons regarding specific objectives and land use planning options for the region.

Marginal note:Principles and factors

44 The principles and factors set out in sections 11.2.1 and 11.2.3 of the Agreement must guide the development of broad policies, priorities and objectives under section 41 and specific planning objectives under section 42.

Marginal note:Public hearing

45 The Commission may, in exercising its powers and performing its duties and functions under sections 41 to 43, hold a public hearing in accordance with the by-laws and rules made under section 17.

Land Use Plans

General Provisions

Marginal note:Duty

• 46 (1) The Commission must exercise its powers and perform its duties and functions in relation to land use plan development under this Part so that the entire designated area is, as soon as practicable, subject to either

  • (a) one land use plan for the entire designated area; or

  • (b) two or more land use plans, each relating to one or more planning regions within the designated area.

• Marginal note:No overlap

  (2) For greater certainty, no portion of the designated area is to be subject to more than one land use plan.

• Marginal note:Merger of plans

  (3) The Commission may merge the land use plans referred to in paragraph (1)(b) to form a land use plan referred to in paragraph (1)(a). If the substance of the land use plans being merged is not changed, such a merger is not an amendment and sections 59 to 65 do not apply.

Marginal note:Purposes of plan

47 A land use plan has the following purposes:

• (a) to protect and promote the existing and future well-being of the residents and communities of the designated area, taking into account the interests of all Canadians; and

• (b) to protect and, if necessary, restore the environmental integrity of the designated area or the planning region, as the case may be.

Marginal note:Contents of plan

• 48 (1) A land use plan must provide for the conservation and use of land and guide and direct resource use and development and must, in particular, provide for a strategy regarding the implementation of the plan and take into account

  • (a) the broad planning policies, priorities and objectives established for the designated area;

  • (b) the specific planning objectives and planning variables identified for any applicable planning region;

  • (c) the factors referred to in section 11.3.1 of the Agreement; and

  • (d) Inuit objectives for Inuit owned lands.

• Marginal note:Permitted uses

  (2) A land use plan may contain descriptions of permitted, subject to any terms and conditions that the plan sets out, and prohibited uses of land.

• Marginal note:Minor variances

  (3) A land use plan may authorize the Commission to grant minor variances and may set out the conditions subject to which they may be considered and granted.

• Marginal note:Offences

  (4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74(f).

• Marginal note:Articles 5 and 7 of Agreement

  (5) A land use plan must be developed and implemented in a manner that is consistent with the principles and requirements of Articles 5 and 7 of the Agreement.

Development

Marginal note:Preparation of draft

49 After concluding any consultations that it considers appropriate, the Commission must prepare a draft land use plan for the entire designated area or for one or more planning regions.

Marginal note:Draft to be made public

• 50 (1) Before holding a public hearing in respect of a draft land use plan, the Commission must make the draft public and must do so in a manner designed to promote participation in its examination by the public.

• Marginal note:Invitation to comment

  (2) The Commission must solicit written and oral comments on the draft land use plan from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public.

Marginal note:Public hearing

• 51 (1) After allowing a reasonable period for the submission of comments on the draft land use plan, the Commission must hold a public hearing in respect of it.

• Marginal note:Duty

  (2) The Commission must take all necessary steps to promote public awareness of, and public participation in, the public hearing, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information.

• Marginal note:Conduct of hearing

  (3) In conducting a public hearing, the Commission must give great weight to the Inuit traditions regarding oral communication and decision-making and must accord to the designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.

Marginal note:Revision — draft plan

52 After the public hearing is held, the Commission must consider any comments made in respect of the draft land use plan under subsection 50(2) or submissions made during the hearing and make any revisions to the draft land use plan that it considers appropriate.

Marginal note:Submission — draft plan

53 The Commission must submit the original or revised draft land use plan, which it must make public, and a written report of the proceedings at the public hearing held in respect of it, to the federal Minister, the territorial Minister and the designated Inuit organization.

Marginal note:Decision — draft plan

• 54 (1) As soon as practicable after receiving a draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons and return it to the Commission.

• Marginal note:Revised plan

  (2) If the plan is rejected by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public hearing under sections 50 to 52 that it considers necessary, make any changes that it considers appropriate and submit a revised draft land use plan to the Ministers and the designated Inuit organization.

• Marginal note:Decision — revised plan

  (3) As soon as practicable after receiving a revised draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons.

• Marginal note:Acceptance and recommendation

  (4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister must recommend its approval to the Governor in Council and the territorial Minister must recommend its approval to the Executive Council of Nunavut.

Marginal note:Approval — plan

• 55 (1) The Governor in Council and the Executive Council of Nunavut may approve the draft land use plan if its approval was recommended under subsection 54(4).

• Marginal note:Effective date

  (2) A land use plan comes into effect when it is approved under subsection (1).

• Marginal note:Publication

  (3) The Commission must make the land use plan public.

• Marginal note:Statutory Instruments Act

  (4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Nunavut Water Board

56 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

Marginal note:Municipalities

57 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), give great weight to the views and wishes of the municipalities in the area to which the draft land use plan relates.