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

Act current to 2017-11-20 and last amended on 2015-07-09. Previous Versions

Marginal note:Report — Board
  •  (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and setting out

    • (a) its assessment of the project and its ecosystemic and socio-economic impacts;

    • (b) its determination, based on that assessment, as to whether the project should or should not proceed; and

    • (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Ministerial direction

    (2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.

  • Marginal note:Revised report

    (3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.

Marginal note:Determination to proceed

 If the Board determines that a project should proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

  • (a) agree with that determination and either

    • (i) accept the terms or conditions recommended in the report, or

    • (ii) reject those terms and conditions on one or more of the following grounds:

      • (A) one or more of the terms or conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or

  • (b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest.

Marginal note:Determination not to proceed

 If the Board makes a determination that a project should not proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

  • (a) agree with that determination; or

  • (b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

Marginal note:Revised report — rejection of conditions
  •  (1) Within 30 days after a decision is made under subparagraph 105(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Revised report — rejection of determination

    (2) Within 30 days after a decision is made under paragraph 106(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Minister’s decision

    (3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended in that report either

    • (a) accept it; or

    • (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions,

      • (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

  • Marginal note:Additional terms and conditions

    (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

Marginal note:Socio-economic terms and conditions

 Despite paragraphs 105(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

 If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 105 or 106, subsection 107(3) or (4) or section 108.

Marginal note:Notification by Minister

 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.

Marginal note:Project certificate
  •  (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

  • Marginal note:Terms and conditions

    (2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.

  • Marginal note:Content of certificate

    (3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) 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.

  • Marginal note:Statutory Instruments Act

    (4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

  • Marginal note:Extension of time limit

    (5) 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
  •  (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if

    • (a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

    • (b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or

    • (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions.

  • Marginal note:Minister’s initiative

    (2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies.

  • Marginal note:Notice

    (3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2).

  • Marginal note:Conduct of reconsideration

    (4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances.

  • Marginal note:Report

    (5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains

    • (a) an assessment of the terms and conditions in force; and

    • (b) any terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Minister’s decision

    (6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), in respect of each term or condition recommended in that report either

    • (a) accept it; or

    • (b) reject it or vary it in any manner that that Minister considers appropriate, under section 108 or if, alone or combined with other terms or conditions,

      • (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

  • Marginal note:Additional terms and conditions

    (7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

  • Marginal note:Extension of time limit

    (8) 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 (6) by up to 90 days and must notify the proponent of the extension in writing.

  • Marginal note:Notification by Minister

    (9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project.

  • Marginal note:Amended project certificate

    (10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice.

 
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