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:Public registry — Commission
  •  (1) The Commission must maintain a public registry that is made accessible to the public via the Internet, and the Commission must include, as soon as practicable, the following in that registry:

    • (a) reports referred to in paragraph 14(b), section 53 and subsections 61(1), 152(2) and (3) and 227(2);

    • (b) by-laws and rules established under subsection 17(1);

    • (c) any draft land use plan prepared under section 49;

    • (d) comments received under subsection 50(2);

    • (e) notices referred to in subsections 51(2), 76(4), 141(1), 142(1), 164(4) and 174(3);

    • (f) decisions made under subsections 54(1) and (3) and 62(1) and (3), section 77, subsection 78(1), section 80, subsections 81(2), 82(2), 85(1), 144(2) and 152(6), section 175 and subsections 177(2) and 178(2);

    • (g) land use plans approved under subsection 55(1);

    • (h) recommendations received under section 56;

    • (i) proposals for amendment of a land use plan made under subsections 59(1) and (3);

    • (j) amendments to a land use plan approved under subsections 62(1) and (3);

    • (k) proposed minor variances referred to in subsection 81(3);

    • (l) reasons referred to in subsections 81(4) and 177(4);

    • (m) requests referred to in subsections 82(1), 143(1), (4) and (5), 144(1) and 178(1); and

    • (n) any additional information submitted under subsection 144(1).

  • Marginal note:Limited effect

    (2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.

Marginal note:Public registry — Board
  •  (1) The Board must maintain a public registry that is made accessible to the public via the Internet, and the Board must include, as soon as practicable, the following in that registry:

    • (a) by-laws and rules established under subsection 26(1);

    • (b) project proposals received under section 79, subsection 80(1), section 167 and subsection 168(1);

    • (c) decisions made by the Board and the responsible Minister under Part 3;

    • (d) original and revised reports referred to in subsections 92(1), 104(1) and (3), 107(1) and (2), 112(5), 123(1) and 127(1) and (2), paragraph 135(4)(c), subsections 152(2) and (4) and section 186;

    • (e) guidelines sent under subsections 101(5) and 120(6);

    • (f) impact statements submitted under subsections 101(6) and 120(7);

    • (g) notices given under subsection 102(2), section 110, subsection 121(2) and section 131;

    • (h) any original or amended project certificate issued by the Board;

    • (i) any terms of reference for a federal environmental assessment panel or a joint panel fixed under section 117;

    • (j) copies of any findings and conclusions provided under section 124;

    • (k) notices given by the Board, a federal environmental assessment panel or a joint panel under subsection 142(1);

    • (l) any request referred to in subsections 143(1), (4) and (5) and 144(1);

    • (m) any additional information submitted under subsection 144(1);

    • (n) reports submitted by a responsible authority under subsection 152(3), by application of section 170;

    • (o) decisions made under subsection 152(6);

    • (p) decisions made under section 165, subsection 166(1) and section 168; and

    • (q) agreements referred to in subsection 230(3).

  • Marginal note:Limited effect

    (2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.

Marginal note:Joint registry

 The Commission and the Board may agree to maintain a joint public registry in accordance with the requirements of sections 201 and 202.

Marginal note:Limitation
  •  (1) Despite any other provision of this Act, a member or employee of the Commission or the Board, an employee of a responsible authority, a member of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 may only disclose, in the exercise of their powers and the performance of their duties and functions under this Act, a document, part of a document or information, including by placing it in a public registry, if

    • (a) it has otherwise been made publicly available; or

    • (b) its disclosure

      • (i) would have been made in accordance with the Access to Information Act if a request had been made in respect of that document under that Act at the time the document came under their control under this Act, including any document that would be disclosed in the public interest under subsection 20(6) of the Access to Information Act,

      • (ii) is not prohibited under any other Act of Parliament or territorial law, and

      • (iii) would not contravene an agreement that a document, part of a document or information, provided to a person or body exercising powers or performing duties or functions under this Act, is confidential and must be treated accordingly.

  • Marginal note:Application of certain provisions

    (2) Sections 27, 28 and 44 of the Access to Information Act apply in respect of any information described in subsection 27(1) of that Act that a person referred to in subsection (1) intends to disclose, with any modifications that the circumstances require, including the following:

    • (a) the information is deemed to be a record that the head of a government institution intends to disclose; and

    • (b) any reference to the person who requested access is to be disregarded.

Marginal note:Prevention of unauthorized disclosure

 Persons referred to in subsection 204(1) must take all necessary precautions to prevent the disclosure of any document, part of a document or information that they are not permitted to disclose under that subsection.

Marginal note:Exercise of discretion

 The Commission and the Board must take into account the objectives of the Agreement when exercising any discretion relating to the disclosure of information they have under any Act of Parliament.

Rights Preserved

Marginal note:Approval or amendment during assessment
  •  (1) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after a project proposal has been submitted in accordance with section 76 is not to be taken into account in the assessment of a project under Part 3 or for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

  • Marginal note:Approval or amendment after assessment

    (2) An approval or amendment referred to in subsection (1) does not apply in respect of a project that was approved under Part 3 before that approval or amendment and is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). For greater certainty, such a project is not subject to a new assessment under that Part.

Marginal note:Stoppage, etc. — less than five years
  •  (1) Despite paragraphs 74(a) and (b), the following projects are not subject to an assessment under Part 3:

    • (a) a project that was approved under that Part, was commenced and then stopped or shut down for a period of less than five years; and

    • (b) the rebuilding of a work that has been closed for a period of less than five years if it relates to a project that was approved under that Part and lawfully carried out.

  • Marginal note:Deeming — paragraph (1)(b)

    (2) Any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the original project referred to in paragraph (1)(b) is deemed to have been made or issued, as the case may be, in relation to the rebuilding of the work.

  • Marginal note:Interpretation — paragraph (1)(a)

    (3) For greater certainty, any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the project referred to in paragraph (1)(a) remains valid.

  • Marginal note:Approval or amendment after authorization

    (4) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in paragraph (1)(a) or the original project referred to in paragraph (1)(b) does not apply in respect of the project referred to in paragraph (1)(a) or the rebuilding of the work, as the case may be, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

  • Marginal note:Stoppage, etc. — five years or more

    (5) It is prohibited to carry out a project or rebuild a work, in whole or in part, if the period of stoppage or closure is five years or more.

  • Marginal note:New project proposal

    (6) A proponent may submit a new project proposal in relation to a project or the rebuilding of a work referred to in subsection (5) in accordance with section 76 and the project to which any such proposal relates is deemed to be in conformity with any applicable land use plan for the purposes of section 77.

  • Marginal note:Approval or amendment after authorization

    (7) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in subsection (5) or the original project to which the work referred to in subsection (5) relates, does not apply in respect of the project to which the project proposal referred to in subsection (6) relates, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

  • Marginal note:Previous assessments

    (8) If a work or an activity is not exempt from a new assessment under subsection (1), any person or body exercising powers or performing duties or functions under Part 3 must consider, and may rely on, any assessment activities carried out under that Part in respect of the original project.

 
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