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:Request for ministerial exemption
  •  (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, the department or agency may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after

    • (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or

    • (b) the Commission’s decision to refuse to grant a minor variance.

  • Marginal note:Ministerial decision

    (2) The Minister or Ministers, as the case may be, must, within 120 days after the day on which they receive a request under subsection (1), either

    • (a) grant the exemption, in which case the Commission must make the decision public and send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or

    • (b) refuse the exemption.

  • Marginal note:Consultation

    (3) An exemption may only be granted after consultation with the Commission, the relevant regulatory authorities and the relevant departments or agencies that are not regulatory authorities.

  • Marginal note:Extension of time limit

    (4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the department or agency and the Commission of the extension in writing.

Marginal note:Time limit
  •  (1) The Commission must exercise its powers and perform its duties and functions under sections 175 and 176 within 45 days after the day on which it receives the proposal in respect of the initiative.

  • Marginal note:Time not counted

    (2) If the Commission determines that an initiative is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties and functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1).

  • Marginal note:Time not counted — public review

    (3) If the Commission conducts a public review under subsection 177(5), any time required to conduct it does not count as part of the period referred to in subsection 177(2).

Marginal note:Time not counted — additional information

 Any time required for the department or agency to provide information required under subsection 144(1) as modified by paragraph 182(a) does not count as part of the periods referred to in subsections 177(2) and (4) and 179(1).

No Land Use Plan
Marginal note:Sending of proposal

 If there is no applicable land use plan, the Commission must, within 10 days after the day on which it receives the proposal in respect of the initiative, send the proposal to the Board in order for the Board to conduct a screening.

Applicable Regime
Marginal note:Application of certain provisions

 Sections 73, 75, 86, 88 to 99, 101 to 146, 148 to 150 and 156 to 162 apply in respect of the initiative, subject to the following:

  • (a) in those sections, a reference to a project is a reference to the initiative and a reference to a proponent is a reference to a department or agency;

  • (b) in paragraph 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4) and 156(1), the reference to section 76 is a reference to section 174;

  • (c) in paragraph 75(1)(d), the reference to section 77 is a reference to section 175 and the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a);

  • (d) in subsection 86(1) and paragraph 92(3)(a), the reference to “section 79 or subsection 80(1)” is a reference to “section 176 or paragraph 177(2)(a) or 178(2)(a) or section 181”;

  • (e) in subsections 86(3), 99(3) and 118(3), the references to sections 77, 81 and 82 are, respectively, references to sections 175, 177 and 178;

  • (f) the Board must screen the initiative in relation to which it has determined the scope in the manner that it considers appropriate to the nature of the initiative if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and it receives a decision, by reason of subsection 86(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it;

  • (g) in paragraph 92(3)(c) and subsection 157(2), the reference to subsection 86(3) is a reference to that subsection as modified by paragraph (e);

  • (h) in paragraph 93(1)(a) and subsection 111(3), the reference respecting paragraphs 74(f) and (g) does not apply;

  • (i) the Board must review the initiative in relation to which it has determined the scope if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

    • (i) it receives a decision, by reason of subsection 99(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it, and

    • (ii) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board must conduct the review of the initiative;

  • (j) in section 119, the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e);

  • (k) in paragraph 135(3)(b), the reference respecting subsection 152(6) does not apply;

  • (l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (h);

  • (m) in paragraph 150(a), the reference to section 77 is a reference to section 175;

  • (n) in paragraph 150(b), the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a), the reference to section 93 is a reference to that section as modified by paragraph (h), and the references to subsection 152(6) and paragraph 155(1)(b) do not apply;

  • (o) in paragraph 150(c), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);

  • (p) in paragraph 150(d), the reference respecting subsection 152(4) does not apply;

  • (q) in subsection 156(1), the reference to section 80 does not apply;

  • (r) in subsection 156(2), the reference respecting sections 77 to 79, 81, 82 and 85 is a reference to sections 175 to 178 and 181;

  • (s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (f) and sections 86 and 88 to 98, taking into account any modifications made to those sections under this section;

  • (t) in subsection 157(2), the reference to section 87 is a reference to paragraph (f);

  • (u) in subsection 158(2), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), the reference to sections 100 to 114 is a reference to paragraph (i) and sections 101 to 114, taking into account any modifications made to those sections under this section;

  • (v) in subsection 158(3), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), and the reference to section 100 is a reference to paragraph (i);

  • (w) in subsection 161(3), the reference to sections 116 to 133 is a reference to those sections, taking into account any modifications made to those sections under this section;

  • (x) in subsection 161(4), the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e) and the reference to section 119 is a reference to that section as modified by paragraph (j); and

  • (y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x).

Previous Work
Marginal note:Consideration

 The person or body exercising powers or performing duties or functions under sections 174 to 182 may consider, and rely on, any information collected, or study or analysis carried out, in respect of the initiative by any department or agency so as to ensure efficiency and avoid duplication.

PART 4Review of Projects to Be Carried Out Outside the Designated Area

Marginal note:Initiative

 In this Part, project includes an initiative whose purpose is to establish or abolish a park or a conservation area or to expand or reduce its area.

Marginal note:Review by Board

 The Board may — at the request of the Government of Canada or the Government of Nunavut or, with the consent of both governments, of the designated Inuit organization — conduct a review of a project that is to be carried out entirely outside the designated area and may have significant adverse ecosystemic or socio-economic impacts inside the designated area.

Marginal note:Report

 Within 45 days after the end of the Board’s review of a project, the Board must submit to the Government of Canada and the Government of Nunavut, and to the designated Inuit organization if the review was conducted at its request, a written report that contains

  • (a) its assessment of the project and the project’s ecosystemic and socio-economic impacts inside the designated area;

  • (b) its determination, based on the assessment referred to in paragraph (a), 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.

 
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