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

Act current to 2014-06-12

Nunavut Planning and Project Assessment Act

S.C. 2013, c. 14, s. 2

Assented to 2013-06-19

An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts

[Enacted by section 2 of chapter 14 of the Statutes of Canada, 2013, not in force.]
Preamble

Whereas Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that came into force on July 9, 1993 on its ratification by both parties;

And whereas the Nunavut Planning Commission and the Nunavut Impact Review Board were established under that agreement, which provides that the substantive powers, functions, duties and objectives of those institutions of public government must be set out in statute;

And whereas it is desirable to set out a regime for land use planning and project assessment that recognizes the importance of responsible economic development and conservation and protection of the ecosystems and that encourages the well-being and self-reliance of the Inuit and other residents of the designated area, taking into account the interests of all Canadians;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

The following provision is not in force.
Marginal note:Short title

 This Act may be cited as the Nunavut Planning and Project Assessment Act.

INTERPRETATION

The following provision is not in force.
Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    “Agreement”

    « accord »

    “Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under it.

    “Board”

    Version anglaise seulement

    “Board” means the Nunavut Impact Review Board referred to in section 18.

    “Commission”

    Version anglaise seulement

    “Commission” means the Nunavut Planning Commission referred to in section 10.

    “conservation area”

    « aire de préservation »

    “conservation area” means an area listed in Schedule 9-1 to the Agreement and any of the following:

    • (a) a wildlife area established under the Canada Wildlife Act;

    • (b) a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26;

    • (c) a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994;

    • (d) a wetland of international importance, as defined in Article 2 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, concluded at Ramsar on February 2, 1971 and in force in Canada on May 15, 1981, that is designated by the Government of Canada;

    • (e) a marine protected area designated under paragraph 35(3)(a) of the Oceans Act;

    • (f) a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act;

    • (g) a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act;

    • (h) a historic place designated under the Historic Sites and Monuments Act;

    • (i) a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and

    • (j) any other area of particular significance for ecological, cultural, archaeological, research or similar reasons, if established under an Act of Parliament or territorial law.

    “department or agency”

    « ministère ou organisme »

    “department or agency” means

    • (a) a department, agency or other portion of the federal public administration; and

    • (b) a department, agency or other division of the public service of Nunavut.

    “designated area”

    « région désignée »

    “designated area” means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone.

    “designated Inuit organization”

    « organisation inuite désignée »

    “designated Inuit organization” means

    • (a) Tunngavik or, in respect of a provision of this Act, the organization designated in the public record, which is maintained by Tunngavik under the Agreement, as being responsible for the exercise of any power or the performance of any duty or function under the corresponding provision of the Agreement; or

    • (b) in respect of Inuit owned lands in the areas of equal use and occupancy, Makivik acting jointly with the organization determined under paragraph (a).

    “federal Minister”

    « ministre fédéral »

    “federal Minister” means, other than in the definition “proponent” in this subsection, section 68, the definition “responsible Minister” in subsection 73(1), subsections 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Indian Affairs and Northern Development.

    “interested corporation or organization”

    « intéressée »

    “interested corporation or organization” means, for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), a corporation or other organization that has given written notice to the Commission, the Board or any federal environmental assessment panel, as the case may be, of its interest in providing comments.

    “Inuit of northern Quebec”

    « Inuits du Nord québécois »

    “Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.

    “Inuktitut”

    « inuktitut »

    “Inuktitut” includes Inuinnaqtun.

    “land”

    « terres »

    “land” includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore.

    “land use plan”

    « plan d’aménagement »

    “land use plan” does not include a municipal land use plan.

    “Makivik”

    « Makivik »

    “Makivik” means the Corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, representing the Inuit of northern Quebec.

    “marine conservation area”

    « aire marine de préservation »

    “marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.

    “municipality”

    « municipalité »

    “municipality” means a municipality or settlement as defined in subsection 28(1) of the Interpretation Act, R.S.N.W.T. 1988, c. I-8, as amended for Nunavut under section 76.05 of the Nunavut Act.

    “national park”

    « parc national »

    “national park” means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act.

    “park”

    « parc »

    “park” means a national park, a territorial park or a marine conservation area.

    “project”

    « projet »

    “project” means the carrying out, including the construction, operation, modification, decommissioning or abandonment, of a physical work or the undertaking or carrying out of a physical activity that involves the use of land, waters or other resources. It does not include

    • (a) the undertaking or carrying out of a work or activity if its adverse ecosystemic impacts are manifestly insignificant, taking into account in particular the factors set out in paragraphs 90(a) to (i);

    • (b) the undertaking or carrying out of a work or activity that is part of a class of works or activities prescribed by regulation; or

    • (c) the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the municipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activities.

    “proponent”

    « promoteur »

    “proponent” means a person or entity, including a federal, provincial or territorial minister, department or agency, a municipality or a designated Inuit organization, that proposes the carrying out of a project.

    “regulatory authority”

    « autorité administrative »

    “regulatory authority” means a minister — other than for the purposes of section 197 —, a department or agency, a municipality or any other public body responsible for issuing a licence, permit or other authorization required by or under any other Act of Parliament or a territorial law for a project to proceed.

    “territorial law”

    « loi territoriale »

    “territorial law” means an Act of the Legislature for Nunavut.

    “territorial Minister”

    « ministre territorial »

    “territorial Minister” means, other than in the definition “proponent” in this subsection, paragraph 19(2)(d), section 68, the definition “responsible Minister” in subsection 73(1), subsections 94(5), 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173, subsection 189(1) and paragraph 200(2)(c), the Minister of Environment for Nunavut.

    “Tunngavik”

    « Tunngavik »

    “Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.

    “waters”

    « eaux »

    “waters” means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state.

  • Marginal note:Definitions from Agreement

    (2) In this Act

    • (a“ecosystemic” has the same meaning as in section 12.1.1 of the Agreement;

    • (b“Inuit owned lands”, “marine areas”, “Nunavut Settlement Area”, “Outer Land Fast Ice Zone”, “territorial park” and “wildlife” have the same meaning as in section 1.1.1 of the Agreement; and

    • (c“areas of equal use and occupancy” has the same meaning as in section 40.2.2 of the Agreement.

  • Marginal note:Interpretation

    (3) For greater certainty, in this Act the issuance of a licence, permit or other authorization, includes a renewal, an amendment or an extension of its period of validity.