PART 2Land Use Planning
Definition of land
40 In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.
Policies, Priorities and Objectives
Marginal note:Designated area
41 The Commission is responsible for the establishment, in conjunction with the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, of broad planning policies, priorities and objectives for the designated area regarding the conservation, development, management and use of land.
Marginal note:Planning regions
42 (1) The Commission must identify planning regions and may, for each planning region, identify specific planning objectives and planning variables regarding the conservation, development, management and use of land.
(2) The specific planning objectives must be consistent with the broad objectives established for the designated area.
43 The Commission must seek the opinions of affected municipalities, interested corporations and organizations, residents and other interested persons regarding specific objectives and land use planning options for the region.
Marginal note:Principles and factors
44 The principles and factors set out in sections 11.2.1 and 11.2.3 of the Agreement must guide the development of broad policies, priorities and objectives under section 41 and specific planning objectives under section 42.
Marginal note:Public hearing
45 The Commission may, in exercising its powers and performing its duties and functions under sections 41 to 43, hold a public hearing in accordance with the by-laws and rules made under section 17.
Land Use Plans
46 (1) The Commission must exercise its powers and perform its duties and functions in relation to land use plan development under this Part so that the entire designated area is, as soon as practicable, subject to either
Marginal note:No overlap
(2) For greater certainty, no portion of the designated area is to be subject to more than one land use plan.
Marginal note:Merger of plans
(3) The Commission may merge the land use plans referred to in paragraph (1)(b) to form a land use plan referred to in paragraph (1)(a). If the substance of the land use plans being merged is not changed, such a merger is not an amendment and sections 59 to 65 do not apply.
Marginal note:Purposes of plan
47 A land use plan has the following purposes:
(a) to protect and promote the existing and future well-being of the residents and communities of the designated area, taking into account the interests of all Canadians; and
(b) to protect and, if necessary, restore the environmental integrity of the designated area or the planning region, as the case may be.
Marginal note:Contents of plan
48 (1) A land use plan must provide for the conservation and use of land and guide and direct resource use and development and must, in particular, provide for a strategy regarding the implementation of the plan and take into account
(a) the broad planning policies, priorities and objectives established for the designated area;
(b) the specific planning objectives and planning variables identified for any applicable planning region;
(c) the factors referred to in section 11.3.1 of the Agreement; and
(d) Inuit objectives for Inuit owned lands.
Marginal note:Permitted uses
(2) A land use plan may contain descriptions of permitted, subject to any terms and conditions that the plan sets out, and prohibited uses of land.
Marginal note:Minor variances
(3) A land use plan may authorize the Commission to grant minor variances and may set out the conditions subject to which they may be considered and granted.
(4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74(f).
Marginal note:Articles 5 and 7 of Agreement
(5) A land use plan must be developed and implemented in a manner that is consistent with the principles and requirements of Articles 5 and 7 of the Agreement.
Marginal note:Preparation of draft
49 After concluding any consultations that it considers appropriate, the Commission must prepare a draft land use plan for the entire designated area or for one or more planning regions.
Marginal note:Draft to be made public
50 (1) Before holding a public hearing in respect of a draft land use plan, the Commission must make the draft public and must do so in a manner designed to promote participation in its examination by the public.
Marginal note:Invitation to comment
(2) The Commission must solicit written and oral comments on the draft land use plan from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public.
Marginal note:Public hearing
(2) The Commission must take all necessary steps to promote public awareness of, and public participation in, the public hearing, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information.
Marginal note:Conduct of hearing
(3) In conducting a public hearing, the Commission must give great weight to the Inuit traditions regarding oral communication and decision-making and must accord to the designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.
Marginal note:Revision — draft plan
52 After the public hearing is held, the Commission must consider any comments made in respect of the draft land use plan under subsection 50(2) or submissions made during the hearing and make any revisions to the draft land use plan that it considers appropriate.
Marginal note:Submission — draft plan
53 The Commission must submit the original or revised draft land use plan, which it must make public, and a written report of the proceedings at the public hearing held in respect of it, to the federal Minister, the territorial Minister and the designated Inuit organization.
Marginal note:Decision — draft plan
54 (1) As soon as practicable after receiving a draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons and return it to the Commission.
Marginal note:Revised plan
(2) If the plan is rejected by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public hearing under sections 50 to 52 that it considers necessary, make any changes that it considers appropriate and submit a revised draft land use plan to the Ministers and the designated Inuit organization.
Marginal note:Decision — revised plan
(3) As soon as practicable after receiving a revised draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons.
Marginal note:Acceptance and recommendation
(4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister must recommend its approval to the Governor in Council and the territorial Minister must recommend its approval to the Executive Council of Nunavut.
Marginal note:Approval — plan
Marginal note:Effective date
(2) A land use plan comes into effect when it is approved under subsection (1).
(3) The Commission must make the land use plan public.
Marginal note:Statutory Instruments Act
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