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:Factors to consider
  •  (1) In conducting a review of a project, a federal environmental assessment panel 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 while 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) 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 sections 97 and 117;

    • (p) the concerns and recommendations referred to in subsection 120(8); and

    • (q) any other matter within its jurisdiction that, in its opinion, should be considered.

  • Marginal note:Significance of impacts

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

  • Marginal note:Knowledge

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

Marginal note:Report — panel
  •  (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment 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:Report made public

    (2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public.

  • Marginal note:Extension of time limit

    (3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing.

Marginal note:Conclusions — Board

 Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including

  • (a) any deficiencies that it has identified in the panel’s report;

  • (b) any additional information that it recommends should be obtained;

  • (c) its determination as to whether the project should or should not proceed; and

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

Marginal note:Determination to proceed

 If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

  • (a) agree with that determination and either

    • (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or

    • (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or

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

Marginal note:Determination not to proceed

 If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’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:Report — rejection of conditions
  •  (1) Within 30 days after a decision is made under subparagraph 125(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 that the panel had recommended, make any changes it considers appropriate and submit a written 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:Report — rejection of determination

    (2) Within 30 days after a decision is made under paragraph 126(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written 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 — terms and conditions

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

 
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