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

Marginal note:Board determines review not necessary

• 93 (1) If the Board determines that a review of the project is not required, the responsible Minister must, within 15 days after receiving the Board’s report, either

  • (a) agree with that determination, in which case the responsible Minister must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and 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; or

  • (b) reject that determination, if the responsible Minister is of the opinion that the project should be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

• Marginal note:Extension of time limit

  (2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 120 days and must notify the proponent and the Board of the extension in writing.

• Marginal note:Deemed decision

  (3) The responsible Minister is deemed to have made a decision under paragraph (1)(a) if, within the period referred to in subsection (1), that Minister does not make a decision under that subsection and does not extend that period under subsection (2).

Marginal note:Board determines review necessary

• 94 (1) If the Board determines that a review of the project is required, the responsible Minister must, within 90 days after receiving the Board’s report, either

  • (a) agree with that determination and send the project proposal

    • (i) to the Minister of the Environment in order that a federal environmental assessment panel conduct the review if the project involves a matter of national interest and the responsible Minister — after consultation with the Minister of the Environment, the territorial minister and the Board — determines that it is more appropriate for the review to be conducted by such a panel than by the Board,

    • (ii) to the Minister of the Environment in order that a federal environmental assessment panel or a joint panel conduct the review, as the case may be, if the project is to be carried out partly outside the designated area,

    • (iii) despite subparagraph (ii), to the Board to conduct the review if the project is to be carried out partly outside the designated area and the responsible Minister, the Minister of the Environment and the Board determine that the review is to be conducted by the Board, or

    • (iv) to the Board for a review in any other case; or

  • (b) reject that determination if in that Minister’s opinion the project is not in the national or regional interest, and indicate in that Minister’s decision either that the project could be modified and an amended project proposal submitted to the Commission or that the project is not to proceed.

• Marginal note:Limit

  (2) The responsible Minister may only send a project proposal to the Minister of the Environment under subparagraph (1)(a)(i) on an exceptional basis.

• Marginal note:Transportation of persons or goods

  (3) Despite subparagraphs (1)(a)(ii) and (iii), if the only activity relating to a project to be carried out outside the designated area is the transportation of persons or goods, the responsible Minister must send the project proposal to the Board to conduct the review unless that Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel or a joint panel, as the case may be, than by the Board and the Minister of the Environment agrees with that determination.

• Marginal note:Consultation

  (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may consult with the Board and the Minister of Environment.

• Marginal note:Territorial minister

  (5) If the responsible Minister is a territorial minister, the reference to responsible Minister in subparagraph (1)(a)(i) means the federal Minister.

• Marginal note:Extension of time limit

  (6) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 90 days and must notify the proponent and the Board of the extension in writing.

Marginal note:Board determines project be modified or abandoned

95 If the Board determines that a project should be modified or abandoned, the responsible Minister must, within 150 days after receiving the Board’s report and after consultation with the Board, either

• (a) agree with the determination that the project has the potential to result in unacceptable adverse ecosystemic and socio-economic impacts and in the decision indicate either that

  • (i) the project could be modified and an amended project proposal submitted to the Commission, or

  • (ii) the project is not to proceed; or

• (b) reject that determination if the responsible Minister is of the opinion that it is in the national or regional interest that the project be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

Marginal note:Particular issues or concerns — Board

• 96 (1) The responsible Minister may, when sending a project proposal to the Board for review under subparagraph 94(1)(a)(iii) or (iv) or subsection 94(3), identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the Board in its review of the project.

• Marginal note:Interpretation

  (2) For greater certainty, nothing in subsection (1) restricts the Board’s ability to consider any other issue or concern within its jurisdiction in the course of its review.

Marginal note:Particular issues or concerns — panel

97 When sending a project proposal to a federal environmental assessment panel under subparagraph 94(1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project.

Marginal note:Location of impacts

98 The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 88 to 97.

Review

Board

Marginal note:Scope of project

• 99 (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94(1)(a)(iv) and the Board must

  • (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and

  • (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.

• Marginal note:Consultation

  (2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.

• Marginal note:Process suspended

  (3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

Marginal note:Review

100 The Board must review the project if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

• (a) the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1); and

• (b) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board is to conduct the review of the project.

Marginal note:Impact statement — guidelines

• 101 (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project.

• Marginal note:Exception

  (2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided under subsection 144(1) is sufficient to allow it to conduct a review of the project.

• Marginal note:Content of impact statement

  (3) The guidelines must specify which of the following types of information the proponent is required to include in the impact statement:

  • (a) a description of the project, the purpose of, and need for, the project;

  • (b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;

  • (c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b);

  • (d) the measures proposed by the proponent to

    • (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

    • (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

    • (iii) compensate persons whose interests are adversely affected by the project, and

    • (iv) restore ecosystemic integrity after the permanent closure of the project;

  • (e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish;

  • (f) the interests in land and waters that the proponent has acquired or seeks to acquire;

  • (g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and

  • (h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances.

• Marginal note:Comments

  (4) The Board must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut, and must solicit written and oral comments on them 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:Guidelines sent to proponent

  (5) After allowing a reasonable period for submission of comments, the Board must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.

• Marginal note:Submission of statement

  (6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board.

Marginal note:Conduct of review

• 102 (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26.

• Marginal note:Public hearing

  (2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, 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:Summon witnesses, etc.

  (3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to

  • (a) give evidence, orally or in writing; and

  • (b) produce any documents or other things that the Board considers necessary to conduct its review of the project.

• Marginal note:Enforcement of attendance, etc.

  (4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court.

• Marginal note:Hearing may be closed to public

  (5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain

  • (a) confidential, personal, business proprietary or privileged information; or

  • (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.

• Marginal note:Non-disclosure

  (6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.

• Marginal note:Enforcement of summonses and orders

  (7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Factors to consider

• 103 (1) In conducting a review of a project, the Board must take into account the following factors:

  • (a) the purpose of the project and the need for the project;

  • (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area, taking into account the interests of other Canadians;

  • (c) whether the project reflects the priorities and values of the residents of the designated area;

  • (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;

  • (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);

  • (f) the 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;

  • (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;

  • (h) the measures, including those proposed by the proponent, that should be taken to

    • (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

    • (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

    • (iii) compensate persons whose interests are adversely affected by the project, and

    • (iv) restore ecosystemic integrity after the permanent closure of the project;

  • (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);

  • (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;

  • (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;

  • (l) the interests in land and waters that the proponent has acquired or seeks to acquire;

  • (m) the options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;

  • (n) the posting of performance bonds;

  • (o) the particular issues or concerns identified under subsection 96(1); and

  • (p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered.

• Marginal note:Significance

  (2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j).

• Marginal note:Traditional knowledge

  (3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it.