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

Marginal note:Project certificate

• 132 (1) Within 30 days after receiving the notice under section 131, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

• Marginal note:Application of subsections 111(2) to (4)

  (2) Subsections 111(2) to (4) apply in respect of the project certificate issued under subsection (1).

• Marginal note:Extension of time limit

  (3) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.

• Marginal note:Reconsideration of terms and conditions

  (4) Sections 112 and 114 apply in respect of the review of the terms and conditions and the issuance of an amended project certificate, and in paragraph 112(6)(b) the reference to section 108 is a reference to section 128.

Marginal note:Location of impacts

133 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 120 to 132.

Project Terms and Conditions

Compatibility

Marginal note:Prescribed standards

134 In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of a project, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by any environmental or socio-economic Act of Parliament of general application or territorial law of general application or by any regulation of general application made under such an Act or law.

Monitoring Programs

Marginal note:Impacts of project

• 135 (1) The responsible Minister may, in establishing terms and conditions that are to apply in respect of a project, require the establishment of a monitoring program of the project’s ecosystemic and socio-economic impacts.

• Marginal note:Responsibilities

  (2) The Government of Canada, the Government of Nunavut, the Board and the proponent must each carry out any responsibilities assigned to them under the monitoring program.

• Marginal note:Purpose of program

  (3) The purpose of a monitoring program is to

  • (a) measure the impact of the project on the ecosystemic and socio-economic environments of the designated area;

  • (b) determine whether the project is carried out in accordance with the terms and conditions imposed under subsection 152(6) or set out in the original or amended project certificate;

  • (c) provide the information necessary for regulatory authorities to enforce the terms and conditions of licences, permits or other authorizations that they issue in relation to the project; and

  • (d) assess the accuracy of the predictions contained in the project impact statement.

• Marginal note:Requirements of program

  (4) A monitoring program must specify the elements to be monitored and may include the requirement that

  • (a) regulatory authorities and the proponent provide the Board with information respecting the activities relating to a project, its impacts and the implementation of any mitigative measures;

  • (b) the Board carry out periodic evaluations of the program; and

  • (c) the Board produce a report of the adequacy of the program, based on the information obtained under paragraph (b), and on the ecosystemic and socio-economic impacts of the project.

• Marginal note:Other responsibilities

  (5) For greater certainty, federal and territorial ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law.

• Marginal note:No duplication of responsibilities

  (6) There must be no duplication of responsibilities between those assigned to the Board under a monitoring program and those referred to in subsection (5).

Implementation

Marginal note:Duty — general

• 136 (1) Each federal or territorial minister, each department or agency and each municipality must, to the extent of their jurisdiction and authority to do so, implement the terms and conditions that are set out in an original or amended project certificate.

• Marginal note:Limit to duty

  (2) Nothing in subsection (1) requires the amendment of any Act of Parliament or territorial law or any regulation as defined in section 1.1.1 of the Agreement.

Marginal note:Duty — licences, etc.

• 137 (1) Each regulatory authority must, to the extent of its jurisdiction and authority to do so, incorporate the terms and conditions referred to in subsection 136(1) into any licence, permit or other authorization that it issues.

• Marginal note:Other terms and conditions

  (2) For greater certainty, a regulatory authority may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in subsection 136(1) and subsection (1) does not prevent a regulatory authority from refusing to issue a permit, licence or other authorization.

• Marginal note:Consultation

  (3) A regulatory authority must consult the Board with a view to determining the most effective means of implementing the terms and conditions referred to in subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Board in order to obtain its comments and recommendations.

• Marginal note:Copy to Board and Commission

  (4) A regulatory authority must send a copy of each licence, permit or other authorization referred to in subsection (1) to the Board and the Commission, unless the Board or the Commission, as the case may be, exempts that authority from the requirement to provide it with copies.

• Marginal note:Validity of licence, etc.

  (5) The validity of a licence, permit or other authorization is not to be challenged before a court on the grounds that a regulatory authority fettered its discretion or acted without jurisdiction by incorporating the terms and conditions referred to in subsection (1) into it.

Marginal note:Prevailing terms and conditions

138 Terms and conditions referred to in subsection 136(1) prevail over any conflicting terms and conditions set out in any decision of a regulatory authority.

Marginal note:Decision of independent regulatory agency

• 139 (1) If there is an inconsistency between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, that agency must communicate the reasons for the inconsistency to the responsible Minister, the Board and the Governor in Council.

• Marginal note:Exception — prevailing terms and conditions

  (2) Despite section 138, if there is a conflict between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, the terms and conditions set out in the decision of the independent regulatory agency prevail if

  • (a) the government does not have the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest; or

  • (b) the government has the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest and implementing the terms and conditions referred to in subsection 136(1) would undermine the viability of the project.

• Marginal note:Amended certificate

  (3) Within 45 days after the day on which a decision is made by the Governor in Council under paragraph (2)(a) or (b), the Board must issue an amended project certificate and the terms and conditions set out in the certificate must be consistent with those set out in the decision of the independent regulatory agency.

• Marginal note:Non-application of subsections (2) and (3)

  (4) For greater certainty, subsections (2) and (3) do not apply if the terms and conditions are varied under section 112 and, as a result, the conflict referred to in subsection (2) is resolved.

• Marginal note:Definition

  (5) For the purposes of this section, decision of an independent regulatory agency means a decision made by any body established under a federal or territorial law under a power conferred on it to regulate or to issue licences, permits or other authorizations if that body is not subject to specific direction or control by the Government of Canada or Government of Nunavut.

• Marginal note:Interpretation

  (6) A decision

  • (a) does not cease to be a decision of an independent regulatory agency solely because

    • (i) it is subject to general direction by the Government of Canada or the Government of Nunavut through the issuance of guidelines, regulations or directives, or

    • (ii) it is subject to the approval of, or may be varied or rescinded by, the Government of Canada or the Government of Nunavut; and

  • (b) ceases to be a decision of an independent regulatory agency if the Government in question varies it before reasons are communicated under subsection (1).

Marginal note:Inuit Impact and Benefit Agreements

140 Any Inuit Impact and Benefit Agreement entered into by a proponent and the designated Inuit organization under Article 26 of the Agreement must be consistent with the terms and conditions set out in an original or amended project certificate.

General Provisions

Modifications to Project During Assessment

Marginal note:Notice — proponent

• 141 (1) A proponent must, as soon as practicable, notify the Commission in writing of any significant modification to a project that is under assessment under this Part. The notice must include a description of the modification that is prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).

• Marginal note:New assessment

  (2) On receipt of a notice under subsection (1), the assessment of the original project is terminated and an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under section 76.

• Marginal note:Consideration of previous assessment

  (3) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

Marginal note:Notice — authority assessing project

• 142 (1) If, in the exercise of its powers or the performance of its duties and functions under this Part, the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, it must, as soon as practicable, notify the proponent in writing of the requirement set out under subsection 141(1).

• Marginal note:Termination of assessment

  (2) If the proponent does not provide a notice under subsection 141(1) within 30 days after the day on which the notice was given under subsection (1), the assessment of the project is terminated.

• Marginal note:Interpretation

  (3) For greater certainty, the proponent may submit a project proposal in relation to the modified project in accordance with section 76.

• Marginal note:Consideration of previous assessment

  (4) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

Requests During Assessment

Marginal note:Request — suspension

• 143 (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.

• Marginal note:Suspension

  (2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension.

• Marginal note:Time not counted

  (3) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part.

• Marginal note:Resumption or termination of review

  (4) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated.

• Marginal note:Request — termination

  (5) The proponent may request in writing that the assessment of a project be terminated. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.

• Marginal note:Termination of review

  (6) The assessment of the project is terminated on the day on which a request under subsection (5) is received.

• Marginal note:Interpretation

  (7) For greater certainty, the proponent may submit a new project proposal in relation to a project whose assessment has been terminated under subsection (4) or (6), in accordance with section 76.

• Marginal note:Consideration of previous assessment

  (8) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Marginal note:Additional information

• 144 (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be.

• Marginal note:Suspension

  (2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so.

• Marginal note:Termination of assessment

  (3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated.

• Marginal note:Interpretation

  (4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.

• Marginal note:Consideration of previous assessment

  (5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Modifications to Project After Assessment

Marginal note:Modification not significant

145 If the carrying out of a work or activity is a project within the meaning of subsection 2(1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74(a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project.

Marginal note:Significant modification

• 146 (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part.

• Marginal note:Previous assessments

  (2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project.