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

Act current to 2017-12-11 and last amended on 2015-07-09. Previous Versions

Marginal note:Particular issues or concerns — Board
  •  (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

 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

 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
  •  (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

 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
  •  (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
  •  (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
  •  (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.

 
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