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:Inconsistency with Agreement
  •  (1) In the event of any inconsistency or conflict between the Agreement and this Act or any regulation made under it, the Agreement prevails to the extent of the inconsistency or conflict.

  • Marginal note:Inconsistency with other Acts

    (2) In the event of any inconsistency or conflict between this Act or any regulation made under it and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, or any territorial law or any regulation made under that Act or that territorial law, this Act or its regulations prevail to the extent of the inconsistency or conflict.

  • Marginal note:Limitation — orders

    (3) In the event of any inconsistency or conflict between an order made under section 214 and an order made by any person designated for the purposes of the administration and enforcement of any other Act of Parliament, any requirement imposed on the carrying out of a project by that Act or a term or condition in any licence, permit or other authorization issued under that Act, the order made under section 214 does not prevail over the other order, the requirement or the term or condition for the sole reason that the provisions of this Act prevail over any inconsistent provisions of any other Act of Parliament.

Marginal note:Rights preserved

 For greater certainty, nothing in this Act or its regulations, or in an original or amended project certificate or in any decision indicating that the assessment of a project is complete and that the proponent may carry it out constitutes a defence to a claim for loss or damage sustained by any person by reason of the carrying out of a project.

Application

Marginal note:Geographic application
  •  (1) This Act applies to the designated area.

  • Marginal note:Application outside designated area

    (2) This Act also applies to projects to be carried out wholly or partly outside the designated area and to impacts outside that area to the extent necessary to give effect to sections 80, 98, 113, 133, 156 to 162, 168 and 185 to 187.

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Canadian Environmental Assessment Act, 2012

 The Canadian Environmental Assessment Act, 2012 does not apply in respect of the designated area.

Consultation

Marginal note:Amendments to this Act

 The federal Minister must consult closely with the territorial Minister, the designated Inuit organization, the Commission and the Board with respect to any amendment to this Act.

Delegation

Marginal note:Delegation to territorial Minister
  •  (1) The federal Minister may delegate, in writing, to the territorial Minister any of the federal Minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation. However, the delegation must not abrogate or derogate from any Inuit rights under the Agreement.

  • Marginal note:Notice

    (2) The federal Minister must notify the designated Inuit organization in writing of any delegation made under subsection (1).

PART 1Commission and Board

Nunavut Planning Commission

Constitution

Marginal note:Continuance

 The Nunavut Planning Commission, established under the Agreement, is continued under this Act.

Marginal note:Members
  •  (1) The federal Minister must appoint the members of the Commission, including the Chairperson.

  • Marginal note:Composition

    (2) The following rules apply in respect of the appointment of members of the Commission, other than the Chairperson:

    • (a) at least one member must be appointed on the nomination of the federal Minister;

    • (b) at least one member must be appointed on the nomination of the territorial Minister; and

    • (c) one half of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1).

  • Marginal note:Substitution

    (3) The organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1) may, for the purpose of ensuring appropriate representation from any planning region in the preparation or amendment of a land use plan, nominate one or more persons to act in the place of an equivalent number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of that organization act in the place of the member or members identified by the organization.

  • Marginal note:Areas of equal use and occupancy

    (4) If the Commission is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(c) and identified by the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1).

  • Marginal note:Residence requirement

    (5) At least one half of the members appointed under subsection (2) must reside in the designated area.

  • Marginal note:Persons not eligible for appointment

    (6) Employees of a department or agency are not eligible to be members of the Commission.

Marginal note:Chairperson
  •  (1) After consultation with the territorial Minister, the Chairperson of the Commission is to be appointed from among the persons who are nominated by the Commission.

  • Marginal note:Appointment of another member

    (2) If a member of the Commission is appointed Chairperson, the federal Minister must appoint another person to be a member of the Commission in accordance with section 11.

Marginal note:Acting after expiry of term

 If a Commission member’s term expires before the review of a project by the Commission is complete, the member continues to act as a member in relation to that project until that review is complete. The Chairperson of the Commission must notify the federal Minister in writing of any member acting under this section.

Powers, Duties and Functions

Marginal note:Additional powers, duties and functions

 In addition to its powers, duties and functions specified elsewhere in this Act, the Commission must

  • (a) monitor projects approved under Part 3 to verify that they are carried out in conformity with any applicable land use plan;

  • (b) report annually in writing to the federal Minister, the territorial Minister and the designated Inuit organization on the implementation of the land use plan;

  • (c) contribute to the development and review of marine policy in the Arctic;

  • (d) exercise the powers and perform the duties and functions referred to in section 11.9.1 of the Agreement in relation to the cleanup of waste sites; and

  • (e) exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization.

Marginal note:Principles — section 11.2.1 of Agreement

 The Commission must exercise its powers and perform its duties and functions with a view to fulfilling the objectives of the Agreement in relation to land use planning in accordance with the principles referred to in section 11.2.1 of the Agreement.

Meetings

Marginal note:Participation by telecommunications

 Subject to the Commission’s by-laws and rules, a member of the Commission may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

By-laws and Rules

Marginal note:Powers
  •  (1) The Commission may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting

    • (a) the calling of its meetings and sittings and the conduct of business at them;

    • (b) the establishment of technical panels;

    • (c) procedures for making submissions and complaints to the Commission;

    • (d) procedures for collecting information and opinions, including procedures for conducting formal and informal public hearings and public reviews;

    • (e) the form and content of descriptions to be submitted with respect to projects; and

    • (f) the admissibility of evidence.

  • Marginal note:Inuit traditions

    (2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision-making.

  • Marginal note:Statutory Instruments Act

    (3) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

 
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