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:Agreement — coordination
  •  (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews.

  • Marginal note:Government of foreign state, etc.

    (2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

Federal Environmental Assessment Panel or Joint Panel
Marginal note:Ministerial decision
  •  (1) After receiving a project proposal under subparagraph 94(1)(a)(ii), the Minister of the Environment must either

    • (a) establish a federal environmental assessment panel; or

    • (b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel.

  • Marginal note:Agreement with foreign state, etc.

    (2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

Marginal note:Federal environmental assessment panel
  •  (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160(1)(a), that Minister must appoint the members of that panel, including a Chairperson.

  • Marginal note:Composition — aboriginal groups

    (2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1), in accordance with any agreement concluded between them.

  • Marginal note:Application — entire project

    (3) Subsections 115(3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project.

  • Marginal note:Limitation — scope of project

    (4) If the Minister of the Environment makes an inclusion under paragraph 118(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118(3) and section 119 do not apply and the federal environmental assessment panel must review the entire project.

  • Marginal note:Limitation — panel report

    (5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 124 to 126 in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area.

  • Marginal note:Limitation — terms and conditions

    (6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area.

Marginal note:Joint panel
  •  (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project.

  • Marginal note:Compatibility

    (2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection.

  • Marginal note:Members

    (3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel.

  • Marginal note:Interpretation

    (4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.

Parks and Conservation Areas

Projects

Definition of responsible authority

 In sections 164 to 170, responsible authority means, as the case may be,

  • (a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or

  • (b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.

Marginal note:Project proposal
  •  (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.

  • Marginal note:Contents

    (2) A project proposal must contain a description of the project prepared in accordance with criteria established by the responsible authority.

  • Marginal note:Grouping of related projects

    (3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act.

  • Marginal note:Notice

    (4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.

Marginal note:Conformity with requirements

 The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.

Marginal note:Verification — screening
  •  (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening.

  • Marginal note:Exemption from screening

    (2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.

  • Marginal note:Authority may consult Board

    (3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.

Marginal note:Project not exempt from screening

 If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.

Marginal note:Project exempt from screening
  •  (1) If a project is exempt from screening and the responsible authority has concerns in respect of any 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 inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.

  • Marginal note:No concerns — cumulative impacts

    (2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject 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, carry out the project.

  • Marginal note:Location of impacts

    (3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area.

Marginal note:Time limit
  •  (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165.

  • Marginal note:Time not counted — additional information

    (2) Any time required for the proponent to provide information required under subsection 144(1) as modified by paragraph 170(a) does not count as part of the period referred to in subsection (1).

 
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