Nunavut Planning and Project Assessment Act (S.C. 2013, c. 14, s. 2)

Act current to 2017-10-13 and last amended on 2015-07-09. Previous Versions

Marginal note:Significance of impacts — factors

 In determining the significance of impacts for the purposes of section 88 and subparagraphs 89(1)(a)(i) and (b)(ii), the Board must take into account the following factors:

  • (a) the size of the geographic area, including the size of wildlife habitats, likely to be affected by the impacts;

  • (b) the ecosystemic sensitivity of that area;

  • (c) the historical, cultural and archaeological significance of that area;

  • (d) the size of the human and the animal populations likely to be affected by the impacts;

  • (e) the nature, magnitude and complexity of the impacts;

  • (f) the probability of the impacts occurring;

  • (g) the frequency and duration of the impacts;

  • (h) the reversibility or irreversibility of the impacts;

  • (i) the cumulative 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; and

  • (j) any other factor that the Board considers relevant to the assessment of the significance of impacts.

Marginal note:Project to be modified or abandoned

 The Board must make a determination that a project should be modified or abandoned if the Board is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts.

Marginal note:Report — Board
  •  (1) The Board must submit a written report to the responsible Minister containing a description of the project that specifies its scope and indicating that

    • (a) a review of the project is not required;

    • (b) a review of the project is required; or

    • (c) the project should be modified or abandoned.

  • Marginal note:Other information

    (2) In its report, the Board may also

    • (a) recommend specific terms and conditions to apply in respect of a project that it determines may be carried out without a review;

    • (b) identify particular issues or concerns that should be considered in the review of a project that it determines should be reviewed; and

    • (c) provide information regarding the nature and extent of the regional impacts of a project that the responsible Minister must take into account when determining whether a project is in the regional interest.

  • Marginal note:Time of report

    (3) The Board must submit the report and the project proposal to the responsible Minister within a period that allows the relevant regulatory authorities to issue, within any period prescribed by law or regulation, a licence, permit or other authorization in respect of the project or, if it is earlier, within 45 days after the latest of

    • (a) the day on which the Board receives the project proposal under section 79 or subsection 80(1),

    • (b) the day on which the Board receives any information that is required under subsection 144(1), and

    • (c) the day on which the Board receives a decision, by reason of subsection 86(3), that the project 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 the project.

  • Marginal note:Extension of time limit

    (4) If the responsible Minister is of the opinion that more time is needed for the Board to submit the report, that Minister may extend the period referred to in subsection (3) and must notify the proponent and the Board of the extension in writing.

Marginal note:Board determines review not necessary
  •  (1) If the Board determines that a review of the project is not required, the responsible Minister must, within 15 days after receiving the Board’s report, either

    • (a) agree with that determination, in which case the responsible Minister must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and 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; or

    • (b) reject that determination, if the responsible Minister is of the opinion that the project should be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

  • Marginal note:Extension of time limit

    (2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 120 days and must notify the proponent and the Board of the extension in writing.

  • Marginal note:Deemed decision

    (3) The responsible Minister is deemed to have made a decision under paragraph (1)(a) if, within the period referred to in subsection (1), that Minister does not make a decision under that subsection and does not extend that period under subsection (2).

Marginal note:Board determines review necessary
  •  (1) If the Board determines that a review of the project is required, the responsible Minister must, within 90 days after receiving the Board’s report, either

    • (a) agree with that determination and send the project proposal

      • (i) to the Minister of the Environment in order that a federal environmental assessment panel conduct the review if the project involves a matter of national interest and the responsible Minister — after consultation with the Minister of the Environment, the territorial minister and the Board — determines that it is more appropriate for the review to be conducted by such a panel than by the Board,

      • (ii) to the Minister of the Environment in order that a federal environmental assessment panel or a joint panel conduct the review, as the case may be, if the project is to be carried out partly outside the designated area,

      • (iii) despite subparagraph (ii), to the Board to conduct the review if the project is to be carried out partly outside the designated area and the responsible Minister, the Minister of the Environment and the Board determine that the review is to be conducted by the Board, or

      • (iv) to the Board for a review in any other case; or

    • (b) reject that determination if in that Minister’s opinion the project is not in the national or regional interest, and indicate in that Minister’s decision either that the project could be modified and an amended project proposal submitted to the Commission or that the project is not to proceed.

  • Marginal note:Limit

    (2) The responsible Minister may only send a project proposal to the Minister of the Environment under subparagraph (1)(a)(i) on an exceptional basis.

  • Marginal note:Transportation of persons or goods

    (3) Despite subparagraphs (1)(a)(ii) and (iii), if the only activity relating to a project to be carried out outside the designated area is the transportation of persons or goods, the responsible Minister must send the project proposal to the Board to conduct the review unless that Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel or a joint panel, as the case may be, than by the Board and the Minister of the Environment agrees with that determination.

  • Marginal note:Consultation

    (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may consult with the Board and the Minister of Environment.

  • Marginal note:Territorial minister

    (5) If the responsible Minister is a territorial minister, the reference to responsible Minister in subparagraph (1)(a)(i) means the federal Minister.

  • Marginal note:Extension of time limit

    (6) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 90 days and must notify the proponent and the Board of the extension in writing.

Marginal note:Board determines project be modified or abandoned

 If the Board determines that a project should be modified or abandoned, the responsible Minister must, within 150 days after receiving the Board’s report and after consultation with the Board, either

  • (a) agree with the determination that the project has the potential to result in unacceptable adverse ecosystemic and socio-economic impacts and in the decision indicate either that

    • (i) the project could be modified and an amended project proposal submitted to the Commission, or

    • (ii) the project is not to proceed; or

  • (b) reject that determination if the responsible Minister is of the opinion that it is in the national or regional interest that the project be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

 
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