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

Act current to 2018-07-05 and last amended on 2017-12-12. Previous Versions

Marginal note:Inuit Impact and Benefit Agreements

 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
  •  (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
  •  (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
  •  (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
  •  (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

 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
  •  (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.

Projects Not Carried Out

Marginal note:New assessment
  •  (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part.

  • Marginal note:Prohibition

    (2) It is prohibited to carry out the project referred to in subsection (1) in whole or in part, but the proponent may submit a new project proposal in relation to it in accordance with 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 project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Consultations

Marginal note:Consultation — Minister

 The responsible Minister must consult with the relevant regulatory authorities in respect of the establishment of terms and conditions, under this Part, that are to apply to the carrying out of a project.

Multiple Responsible Ministers

Marginal note:Joint exercise of powers, etc.
  •  (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part.

  • Marginal note:Subparagraph 94(1)(a)(i)

    (2) If there is more than one responsible Minister in respect of a project and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to responsible Minister in subparagraph 94(1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph.

  • Marginal note:Coordination and transmission of documents

    (3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers.

  • Marginal note:Notice of decisions

    (4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the federal Minister must perform the duties of the responsible Minister under subsection 200(4) in relation to those decisions.

 
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