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Northern Jobs and Growth Act (S.C. 2013, c. 14)

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Assented to 2013-06-19

Northern Jobs and Growth Act

S.C. 2013, c. 14

Assented to 2013-06-19

An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts

SUMMARY

Part 1 enacts the Nunavut Planning and Project Assessment Act, which implements certain provisions of Articles 10 to 12 of the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993.

Part 2 enacts the Northwest Territories Surface Rights Board Act, which implements provisions of certain land claim agreements. In particular, that Act establishes the Northwest Territories Surface Rights Board, whose purpose is to resolve matters in dispute relating to terms and conditions of access to lands and waters in the Northwest Territories and the compensation to be paid in respect of that access.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Northern Jobs and Growth Act.

PART 1NUNAVUT PLANNING AND PROJECT ASSESSMENT ACT

Enactment of Act

Marginal note:Enactment

2. The Nunavut Planning and Project Assessment Act, whose Schedules 1 to 3 are set out in the schedule to this Act, is enacted as follows:

An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts

Preamble

Whereas Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that came into force on July 9, 1993 on its ratification by both parties;

And whereas the Nunavut Planning Commission and the Nunavut Impact Review Board were established under that agreement, which provides that the substantive powers, functions, duties and objectives of those institutions of public government must be set out in statute;

And whereas it is desirable to set out a regime for land use planning and project assessment that recognizes the importance of responsible economic development and conservation and protection of the ecosystems and that encourages the well-being and self-reliance of the Inuit and other residents of the designated area, taking into account the interests of all Canadians;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Nunavut Planning and Project Assessment Act.

INTERPRETATION

Marginal note:Definitions

2. (1) The following definitions apply in this Act.
“Agreement”
« accord »
“Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under it.
“Board”
Marginal note:Version anglaise seulement
“Board” means the Nunavut Impact Review Board referred to in section 18.
“Commission”
Marginal note:Version anglaise seulement
“Commission” means the Nunavut Planning Commission referred to in section 10.
“conservation area”
« aire de préservation »
“conservation area” means an area listed in Schedule 9-1 to the Agreement and any of the following:
- (a) a wildlife area established under the Canada Wildlife Act;
- (b) a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26;
- (c) a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994;
- (d) a wetland of international importance, as defined in Article 2 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, concluded at Ramsar on February 2, 1971 and in force in Canada on May 15, 1981, that is designated by the Government of Canada;
- (e) a marine protected area designated under paragraph 35(3)(a) of the Oceans Act;
- (f) a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act;
- (g) a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act;
- (h) a historic place designated under the Historic Sites and Monuments Act;
- (i) a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and
- (j) any other area of particular significance for ecological, cultural, archaeological, research or similar reasons, if established under an Act of Parliament or territorial law.
“department or agency”
« ministère ou organisme »
“department or agency” means
- (a) a department, agency or other portion of the federal public administration; and
- (b) a department, agency or other division of the public service of Nunavut.
“designated area”
« région désignée »
“designated area” means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone.
“designated Inuit organization”
« organisation inuite désignée »
“designated Inuit organization” means
- (a) Tunngavik or, in respect of a provision of this Act, the organization designated in the public record, which is maintained by Tunngavik under the Agreement, as being responsible for the exercise of any power or the performance of any duty or function under the corresponding provision of the Agreement; or
- (b) in respect of Inuit owned lands in the areas of equal use and occupancy, Makivik acting jointly with the organization determined under paragraph (a).
“federal Minister”
« ministre fédéral »
“federal Minister” means, other than in the definition “proponent” in this subsection, section 68, the definition “responsible Minister” in subsection 73(1), subsections 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Indian Affairs and Northern Development.
“interested corporation or organization”
« intéressée »
“interested corporation or organization” means, for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), a corporation or other organization that has given written notice to the Commission, the Board or any federal environmental assessment panel, as the case may be, of its interest in providing comments.
“Inuit of northern Quebec”
« Inuits du Nord québécois »
“Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.
“Inuktitut”
« inuktitut »
“Inuktitut” includes Inuinnaqtun.
“land”
« terres »
“land” includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore.
“land use plan”
« plan d’aménagement »
“land use plan” does not include a municipal land use plan.
“Makivik”
« Makivik »
“Makivik” means the Corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, representing the Inuit of northern Quebec.
“marine conservation area”
« aire marine de préservation »
“marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.
“municipality”
« municipalité »
“municipality” means a municipality or settlement as defined in subsection 28(1) of the Interpretation Act, R.S.N.W.T. 1988, c. I-8, as amended for Nunavut under section 76.05 of the Nunavut Act.
“national park”
« parc national »
“national park” means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act.
“park”
« parc »
“park” means a national park, a territorial park or a marine conservation area.
“project”
« projet »
“project” means the carrying out, including the construction, operation, modification, decommissioning or abandonment, of a physical work or the undertaking or carrying out of a physical activity that involves the use of land, waters or other resources. It does not include
- (a) the undertaking or carrying out of a work or activity if its adverse ecosystemic impacts are manifestly insignificant, taking into account in particular the factors set out in paragraphs 90(a) to (i);
- (b) the undertaking or carrying out of a work or activity that is part of a class of works or activities prescribed by regulation; or
- (c) the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the municipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activities.
“proponent”
« promoteur »
“proponent” means a person or entity, including a federal, provincial or territorial minister, department or agency, a municipality or a designated Inuit organization, that proposes the carrying out of a project.
“regulatory authority”
« autorité administrative »
“regulatory authority” means a minister — other than for the purposes of section 197 —, a department or agency, a municipality or any other public body responsible for issuing a licence, permit or other authorization required by or under any other Act of Parliament or a territorial law for a project to proceed.
“territorial law”
« loi territoriale »
“territorial law” means an Act of the Legislature for Nunavut.
“territorial Minister”
« ministre territorial »
“territorial Minister” means, other than in the definition “proponent” in this subsection, paragraph 19(2)(d), section 68, the definition “responsible Minister” in subsection 73(1), subsections 94(5), 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173, subsection 189(1) and paragraph 200(2)(c), the Minister of Environment for Nunavut.
“Tunngavik”
« Tunngavik »
“Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.
“waters”
« eaux »
“waters” means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state.
Marginal note:Definitions from Agreement
(2) In this Act
- (a) “ecosystemic” has the same meaning as in section 12.1.1 of the Agreement;
- (b) “Inuit owned lands”, “marine areas”, “Nunavut Settlement Area”, “Outer Land Fast Ice Zone”, “territorial park” and “wildlife” have the same meaning as in section 1.1.1 of the Agreement; and
- (c) “areas of equal use and occupancy” has the same meaning as in section 40.2.2 of the Agreement.
Marginal note:Interpretation
(3) For greater certainty, in this Act the issuance of a licence, permit or other authorization, includes a renewal, an amendment or an extension of its period of validity.

Marginal note:Inconsistency with Agreement

3. (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

4. 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

5. (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

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

Marginal note:Canadian Environmental Assessment Act, 2012

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

CONSULTATION

Marginal note:Amendments to this Act

8. 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

9. (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

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

Marginal note:Members

11. (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

12. (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

13. 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

14. 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

15. 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

16. 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

17. (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.

Nunavut Impact Review Board

Constitution

Marginal note:Continuance

18. The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.

Marginal note:Members

19. (1) The Board consists of nine members, including the Chairperson.
Marginal note:Composition
(2) The members of the Board, other than the Chairperson, must be appointed as follows:
- (a) two members must be appointed by the federal Minister;
- (b) four members must be appointed by the federal Minister on the nomination of the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1);
- (c) one member must be appointed by the territorial Minister; and
- (d) one member must be appointed by one or more territorial ministers.
Marginal note:Additional members
(3) Despite subsection (1), additional members may be appointed for a specific purpose in the manner and in the proportions set out in subsection (2).
Marginal note:Areas of equal use and occupancy
(4) If the Board 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)(b). 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)(b) and identified by the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1).

Marginal note:Chairperson

20. (1) After consulting with the territorial Minister, the federal Minister must appoint a Chairperson of the Board from among the persons nominated by the other members of the Board. If there are equally qualified nominees, the federal Minister must give preference to the nominees who reside in the designated area.
Marginal note:Appointment of another member
(2) If a member of the Board, appointed under any of paragraphs 19(2)(a) to (d), is appointed Chairperson, the minister who appointed that member must appoint another person to be a member of the Board under that paragraph.

Marginal note:Acting after expiry of term

21. If a Board member’s term expires before the screening or review of a project by the Board is complete, the member continues to act as a member in relation to that project until the screening or review is complete. The Chairperson of the Board 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

22. In addition to its powers, duties and functions specified elsewhere in this Act, the Board must 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:Primary objectives

23. (1) The Board must exercise its powers and perform its duties and functions in accordance with the following primary objectives:
- (a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and
- (b) to protect the ecosystemic integrity of the designated area.
Marginal note:Other residents
(2) In exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a), the Board must take into account the well-being of residents of Canada outside the designated area.
Marginal note:Interpretation
(3) For greater certainty, the Board must exercise its powers and perform its duties and functions under paragraphs 92(2)(a), 104(1)(c) and 112(5)(b), section 124 and subsection 152(4) in accordance with the objectives set out in subsection (1).

Marginal note:Limitation — socio-economic benefits

24. The Board is not authorized to establish, in the exercise of its powers or the performance of its duties and functions, requirements relating to socio-economic benefits.

Meetings

Marginal note:Nunavut Settlement Area

25. (1) The Board must, whenever practicable, hold its meetings within the Nunavut Settlement Area.
Marginal note:Participation by telecommunications
(2) A member of the Board may, subject to the Board’s by-laws and rules, 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.
Marginal note:Request by members for meeting
(3) The Chairperson must call a meeting of the Board within 21 days after receiving a written request for a meeting, indicating its purpose, from at least five members.
Marginal note:Voting
(4) Decisions of the Board must be made by a majority of votes, with each member, other than the Chairperson, having one vote. In the case of a tie vote, the Chairperson must cast the deciding vote.
Marginal note:Quorum
(5) Five members of the Board constitute a quorum.

By-laws and Rules

Marginal note:Powers

26. (1) The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting
- (a) the calling of meetings of the Board and the conduct of business at them;
- (b) the establishment of special and standing committees and the fixing of quorum for meetings of those committees;
- (c) procedures for making submissions and complaints to the Board;
- (d) procedures and guidelines for collecting information and opinions, including procedures for the conduct of public hearings by the Board or one of its panels;
- (e) the establishment of guidelines for the preparation of impact statements;
- (f) the establishment of guidelines respecting time limits for completing each step of a review that the Board carries out under Part 3 or 4; and
- (g) the admissibility of evidence in public hearings conducted by the Board or one of its panels.
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:Public hearings
(3) By-laws and rules relating to the conduct of public hearings must
- (a) emphasize flexibility and informality to the extent that is consistent with the general application of the rules of procedural fairness and natural justice and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and
- (b) with respect to any classification of intervenors, allow a 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:Statutory Instruments Act
(4) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Panels

Marginal note:Establishment

27. (1) The Board may establish panels and delegate any of its powers, duties and functions to them.
Marginal note:Chairperson
(2) The Board must appoint a Chairperson for each panel.
Marginal note:Composition
(3) In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraph 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b).

General Provisions — Commission and Board

Members

Marginal note:Vacancies during term

28. If a vacancy occurs during the term of a member of the Commission or the Board, other than a member appointed under subsection 19(3), the minister who appointed the member must appoint another member as soon as practicable in accordance with section 11 or 19, as the case may be.

Marginal note:Term of office

29. (1) Members of the Commission and the Board, including the Chairpersons and any member appointed under section 28, are appointed to hold office for a term of three years.
Marginal note:Other members
(2) Despite subsection (1), members appointed under subsection 11(3) or (4) or 19(3) or (4) are appointed to hold office for a term not exceeding three years.
Marginal note:Reappointment
(3) A member is eligible to be reappointed to the Commission or the Board in the same or another capacity.

Marginal note:Oath of office

30. Before taking up their duties, members of the Commission and the Board must take the oath of office set out in Schedule 1 before a person who is authorized by law to administer oaths.

Marginal note:Remuneration and expenses

31. (1) The members of the Commission and the Board must receive fair remuneration, as determined by the federal Minister, for the performance of their duties and must be paid any travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties and that are consistent with Treasury Board directives for public servants.
Marginal note:Workers’ compensation
(2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Removal

32. A member of the Commission or the Board may be removed for cause by the minister who appointed the member. If the member was nominated by the designated Inuit organization or the territorial Minister, the federal Minister may remove the member only after consulting the designated Inuit organization or the territorial minister, as the case may be.

Staff

Marginal note:Employment and remuneration

33. (1) The Commission and the Board may employ any officers and employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Commission or the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.
Marginal note:Workers’ compensation
(2) An officer or employee of the Commission or the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Conflict of Interest

Marginal note:Members

34. (1) A member of the Commission or the Board must not participate in a decision on a matter in which that member has a conflict of interest.
Marginal note:Staff
(2) An officer or employee of the Commission or the Board or agent, adviser or expert must not act in a matter in which that person has a conflict of interest.
Marginal note:Status of Inuk
(3) A member referred to in subsection (1) or a person referred to in subsection (2) is not placed in a conflict of interest solely because that member or person is an Inuk as defined in section 1.1.1 of the Agreement.
Marginal note:Guidelines
(4) Subject to any regulations made under paragraph 228(1)(a) and any rules established by the Treasury Board, the Commission and the Board may issue guidelines regarding conflicts of interest in respect of their members or persons referred to in subsection (2).

Status and General Powers

Marginal note:Status

35. (1) The Commission and the Board are institutions of public government.
Marginal note:Property and contracts
(2) The Commission and the Board may, for the purposes of conducting their business,
- (a) acquire property in their own names and dispose of the property; and
- (b) enter into contracts in their own names.
Marginal note:Legal proceedings
(3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation.

Head Office

Marginal note:Nunavut Settlement Area

36. The head offices of the Commission and the Board must be in the Nunavut Settlement Area.

Languages

Marginal note:Language of business

37. (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut.
Marginal note:Public hearings and reviews
(2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.
Marginal note:Members
(3) Nothing in subsection (1) or (2) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.
Marginal note:Witnesses
(4) The Commission or the Board has, in any proceedings before it, the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut and that, in being so heard, the witness will not be placed at a disadvantage by not being heard in another of those languages.

By-laws and Rules

Marginal note:Pre-publication

38. (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by
- (a) publishing the proposed by-law or rule on its website;
- (b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and
- (c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area.
Marginal note:Comments invited
(2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice.
Marginal note:Response to comments
(3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2).
Marginal note:Exception
(4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons.
Marginal note:Notice
(5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.

Financial Provisions

Marginal note:Annual budget

39. (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval.
Marginal note:Accounts
(2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.
Marginal note:Consolidated financial statements
(3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them.
Marginal note:Audit
(4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister.

PART 2LAND USE PLANNING

Interpretation

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.
Marginal note:Consistency
(2) The specific planning objectives must be consistent with the broad objectives established for the designated area.

Marginal note:Consultations

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

General Provisions

Marginal note:Duty

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
- (a) one land use plan for the entire designated area; or
- (b) two or more land use plans, each relating to one or more planning regions within the designated area.
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.
Marginal note:Offences
(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.

Development

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

51. (1) After allowing a reasonable period for the submission of comments on the draft land use plan, the Commission must hold a public hearing in respect of it.
Marginal note:Duty
(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

55. (1) The Governor in Council and the Executive Council of Nunavut may approve the draft land use plan if its approval was recommended under subsection 54(4).
Marginal note:Effective date
(2) A land use plan comes into effect when it is approved under subsection (1).
Marginal note:Publication
(3) The Commission must make the land use plan public.
Marginal note:Statutory Instruments Act
(4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Nunavut Water Board

56. The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

Marginal note:Municipalities

57. The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), give great weight to the views and wishes of the municipalities in the area to which the draft land use plan relates.

Marginal note:Factors to consider

58. In exercising their powers and performing their duties and functions under sections 49 and 52 and subsections 54(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.

Amendment

Marginal note:Proposal for amendment

59. (1) The federal Minister, the territorial Minister, the designated Inuit organization or any person, including a corporation or other organization, affected by a land use plan may propose to the Commission an amendment to that plan.
Marginal note:Consideration by Commission
(2) The Commission must consider the proposed amendment and, if it considers it appropriate to do so, conduct a public review in accordance with the by-laws and rules made under section 17.
Marginal note:Amendment proposed by Commission
(3) The Commission may, on its own initiative, propose an amendment to a land use plan and must subsequently conduct a public review in accordance with the by-laws and rules made under section 17.
Marginal note:Proposed amendment to be made public
(4) If the Commission conducts a public review in respect of a proposed amendment, the Commission must make the proposal public in a manner that is designed to promote public participation in its examination.

Marginal note:Revision of amendment

60. The Commission must consider the submissions made during a public review in respect of a proposed amendment and may make any revisions to the proposed amendment that it considers appropriate.

Marginal note:Submission of proposed amendment

61. (1) The Commission must submit the original or revised proposed amendment to the federal Minister, the territorial Minister and the designated Inuit organization with a written report of any public review and its recommendation as to whether the amendment should be accepted or rejected, in whole or in part.
Marginal note:Exception
(2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated.

Marginal note:Decision — proposed amendment

62. (1) As soon as practicable after receiving the proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept the Commission’s recommendation jointly or reject it, in whole or in part, with written reasons.
Marginal note:Revised proposal
(2) If the Commission’s recommendation is rejected, in whole or in part, 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 review under subsections 59(2) and (4) and section 60 that it considers necessary, make any changes it considers appropriate and submit a revised proposed amendment to the federal Minister, territorial Minister and designated Inuit organization.
Marginal note:Decision — revised proposal
(3) As soon as practicable after receiving a revised proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept it jointly or reject it with written reasons.
Marginal note:Coming into force
(4) Any amendment to a land use plan based on an original or revised proposal for amendment comes into force when it is approved under subsection (1) or (3).
Marginal note:Publication
(5) The Commission must make any amendment to a land use plan public.

Marginal note:Nunavut Water Board

63. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

Marginal note:Municipalities

64. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates.

Marginal note:Factors to consider

65. In exercising their powers and performing their duties and functions under subsections 59(2) and (3), section 60 and subsections 62(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.

Periodic Review

Marginal note:Commission

66. The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48.

Marginal note:Public hearing

67. The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17.

Implementation

Marginal note:Duty — general

68. Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it.

Marginal note:Duty — licences, etc.

69. (1) Each regulatory authority must, to the extent of its authority to do so, ensure that any licence, permit or other authorization that it issues implements any applicable requirements of any applicable land use plan, including those identified under subsection 48(4).
Marginal note:Minor variances and ministerial exemptions
(2) If a minor variance or a ministerial exemption has been granted in respect of a project under paragraph 81(2)(a) or 82(2)(a), as the case may be, subsection (1) does not apply in respect of the requirements for that project in respect of which the variance or exemption was granted.
Marginal note:New prohibitions
(3) Subsection (1) does not apply in relation to land uses that,
- (a) in the case of a project referred to in subsection 207(1), are prohibited by a land use plan approved after the day on which the project proposal was submitted in accordance with section 76 or by amendments made to a land use plan after that day;
- (b) in the case of a project referred to in subsection 207(2) or paragraph 208(1)(a), are prohibited by a land use plan approved after the day on which the carrying out of the project was authorized under Part 3 or by amendments made to a land use plan after that day;
- (c) in the case of the rebuilding of a work referred to in paragraph 208(1)(b), are prohibited by a land use plan approved after the day on which the carrying out of the project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day;
- (d) in the case of a project referred to in subsection 208(6) relating to a project that has been stopped or shut down for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project was authorized under Part 3 or by amendments made to a land use plan after that day; or
- (e) in the case of a project referred to in subsection 208(6) relating to the rebuilding of a work that has been closed for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day.
Marginal note:New terms and conditions
(4) For greater certainty, subsection (1) applies, in the case of a project described in any of paragraphs (3)(a) to (e), in relation to terms and conditions in respect of land uses that are set out in a land use plan approved after the day set out in the relevant paragraph or that are set out in amendments made to a land use plan after that day.
Marginal note:Additional or more stringent requirements
(5) For greater certainty, a regulatory authority may impose, to the extent of its authority to do so, requirements that are in addition to, or more stringent than, those referred to in subsection (1).
Marginal note:Consultation
(6) A regulatory authority may consult the Commission with a view to determining the most effective means of complying with its obligation under subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Commission in order to obtain its comments and recommendations.

Parks and Conservation Areas

Marginal note:Existing parks and historic places

70. (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency.
Marginal note:Creation of parks and historic places
(2) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of any initiative whose purpose is to establish a park or designate a historic place referred to in subsection (1).
Marginal note:Conservation area
(3) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of conservation areas, other than historic places referred to in subsection (1), after they are established and to any initiative whose purpose is to establish such a conservation area.

Municipalities

Marginal note:Municipal plans — development

71. (1) The principles set out in Article 11 of the Agreement in respect of land use planning must guide the development of municipal land use plans for municipalities in the designated area.
Marginal note:Notice
(2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan.

Marginal note:Compatibility of plans

72. The Commission and municipalities must cooperate for the purpose of ensuring compatibility between municipal land use plans and any land use plan established under this Part.

PART 3ASSESSMENT OF PROJECTS TO BE CARRIED OUT IN THE DESIGNATED AREA

Interpretation

Marginal note:Definitions

73. (1) The following definitions apply in this Part.
“responsible Minister”
« ministre compétent »
“responsible Minister” means
- (a) the federal minister or the territorial minister, as the case may be, who has the jurisdictional responsibility for authorizing a project to proceed; or
- (b) the Minister of Indian Affairs and Northern Development, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a).
“traditional knowledge”
« connaissances traditionnelles »
“traditional knowledge” means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and with the environment, that is rooted in the traditional way of life of Inuit of the designated area.
Marginal note:Interpretation
(2) Paragraph (b) of the definition “responsible Minister” in subsection (1) applies if the responsibility for authorizing the project to proceed is under the sole jurisdiction of a designated regulatory agency set out in Schedule 2.

Compliance

Marginal note:Prohibitions

74. It is prohibited to carry out a project, in whole or in part, if

(a) a project proposal has not been submitted to the Commission in accordance with section 76;
(b) the assessment of the project under this Part has not been completed;
(c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3);
(d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be;
(e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed;
(f) the project is not carried out in accordance with any requirement identified, under subsection 48(4), in any applicable land use plan, other than a requirement in relation to which a minor variance or a ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; or
(g) the project is not carried out in accordance with the terms and conditions set out in the original or amended project certificate.

Marginal note:Regulatory authorities

75. (1) A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if
- (a) a project proposal has not been submitted to the Commission in accordance with section 76;
- (b) the assessment of the project under this Part has not been completed;
- (c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3);
- (d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be; or
- (e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed.
Marginal note:No force or effect — licences, etc.
(2) A licence, permit or other authorization issued in contravention of any of paragraphs (1)(a) to (e) is of no force or effect.
Marginal note:Modification not significant
(3) A regulatory authority may issue any licence, permit or other authorization relating to a project approved under this Part that has not been significantly modified without a new assessment of the project being carried out under this Part.

Review by Commission

Project Proposal

Marginal note:Duty — proponent

76. (1) The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Commission.
Marginal note:Content of proposal
(2) A project proposal must contain a description of the project prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).
Marginal note:Grouping of related projects
(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, and they are deemed to be a single project for the purposes of this Act.
Marginal note:Notice
(4) The Commission must publish in its public registry a notice of receipt of the project proposal. That notice must contain a summary of the project, including a description of its nature and an indication of where it is to be carried out, and the proponent’s name.

Land Use Plan in Effect

Determination

Marginal note:Conformity with plan

77. (1) The Commission must determine if a project is in conformity with the land use plan that is applicable to the place where the project is to be carried out.
Marginal note:Multiple plans
(2) If different portions of the project are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the project is not in conformity with the land use plan applicable to it, the entire project is deemed to not be in conformity.

Project in Conformity with Land Use Plan

Marginal note:Verification — screening

78. (1) If the Commission determines that the project is in conformity with any applicable land use plan, it must verify whether the project is exempt from screening.
Marginal note:Exemption from screening
(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.
Marginal note:Commission may consult Board
(3) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.

Marginal note:Project not exempt from screening

79. If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening.

Marginal note:Project exempt from screening

80. (1) If a project is exempt from screening and the Commission has concerns in respect of any cumulative ecosystemic and socio-economic 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 inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.
Marginal note:No concerns — cumulative impacts
(2) If a project is exempt from screening and the Commission does not have concerns in respect of the cumulative impacts referred to in subsection (1), it 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.
Marginal note:Location of impacts
(3) In performing its functions under subsections (1) and (2), the Commission must consider impacts both inside and outside the designated area.

Project Not in Conformity with Land Use Plan

Marginal note:Minor variance

81. (1) If the Commission determines that the project is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to such a project and whether the conditions set out under subsection 48(3), if any, are met.
Marginal note:Minor variance authorized
(2) If the land use plan authorizes the granting of minor variances and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the project is not in conformity with the plan,
- (a) grant a minor variance, in which case it must verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or
- (b) refuse to grant a minor variance.
Marginal note:Publication
(3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.
Marginal note:Objection
(4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission in writing that the proposed minor variance should not be granted because
- (a) the land use plan does not authorize the granting of the minor variance;
- (b) the conditions subject to which a minor variance may be granted are not met; or
- (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.
Marginal note:Reasons taken into account and public review
(5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.
Marginal note:Extension of time limit
(6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the proponent of the extension in writing.

Marginal note:Request for ministerial exemption

82. (1) If the Commission determines that the project is not in conformity with an applicable land use plan, the proponent 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 receiving a request under subsection (1) either
- (a) grant the exemption, in which case the Commission must make the decision public, verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or
- (b) refuse the exemption.
Marginal note:Consultation
(3) An exemption may only be granted after consultation with the Commission and the relevant regulatory authorities and relevant departments or agencies that are not regulatory authorities.
Marginal note:Extension of time limit
(4) If a Minister who has received a request 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 proponent and the Commission of the extension in writing.
Marginal note:Limitation
(5) For greater certainty, the Commission is not authorized to send the project proposal to the Board under section 79 or subsection 80(1) if it has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be.

Time Limit

Marginal note:Performance of certain functions

83. (1) The Commission must exercise its powers and perform its duties and functions under sections 77 to 80 within 45 days after receiving the project proposal.
Marginal note:Time not counted
(2) If the Commission determines that a project is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties or 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 81(5), any time required to conduct it does not count as part of the period referred to in subsection 81(2).

Marginal note:Time not counted — additional information

84. Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the periods referred to in subsections 81(2) and (4) and 83(1).

No Land Use Plan

Marginal note:Verification — screening

85. (1) If there is no applicable land use plan, the Commission must, within 45 days after receiving the project proposal, verify whether the project is exempt from screening under subsection 78(2) and must comply with the requirements of section 79 or 80, as the case may be.
Marginal note:Request for opinion
(2) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.
Marginal note:Time not counted — additional information
(3) Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the period referred to in subsection (1).

Screening by Board

Marginal note:Scope of project

86. (1) The Board must determine the scope of a project in relation to which a project proposal is received under section 79 or subsection 80(1) and must
- (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
- (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Marginal note:Consultation
(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Marginal note:Process suspended
(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the screening and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

Marginal note:Screening

87. (1) The Board must screen the project if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1).
Marginal note:Limitation
(2) For greater certainty, the Board is not authorized to screen a project if the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be.

Marginal note:Purpose of screening

88. The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel, as the case may be.

Marginal note:Project to be reviewed

89. (1) The Board must be guided by the following considerations when it is called on to determine, on the completion of a screening, whether a review of the project is required:
- (a) a review is required if, in the Board’s opinion,
  - (i) the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities,
  - (ii) the project will cause significant public concern, or
  - (iii) the project involves technological innovations, the effects of which are unknown; and
- (b) a review is not required if, in the Board’s opinion,
  - (i) the project is unlikely to cause significant public concern, and
  - (ii) its adverse ecosystemic and socio-economic impacts are unlikely to be significant, or are highly predictable and can be adequately mitigated by known technologies.
Marginal note:Prevailing considerations
(2) The considerations set out in paragraph (1)(a) prevail over those set out in paragraph (1)(b).
Definition of “harvest”
(3) In subparagraph (1)(a)(i), “harvest” has the same meaning as in section 1.1.1 of the Agreement.

Marginal note:Significance of impacts — factors

90. 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

91. 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

92. (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

93. (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

94. (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

95. 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.

Marginal note:Particular issues or concerns — Board

96. (1) The responsible Minister may, when sending a project proposal to the Board for review under subparagraph 94(1)(a)(iii) or (iv) or subsection 94(3), identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the Board in its review of the project.
Marginal note:Interpretation
(2) For greater certainty, nothing in subsection (1) restricts the Board’s ability to consider any other issue or concern within its jurisdiction in the course of its review.

Marginal note:Particular issues or concerns — panel

97. When sending a project proposal to a federal environmental assessment panel under subparagraph 94(1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project.

Marginal note:Location of impacts

98. The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 88 to 97.

Review

Board

Marginal note:Scope of project

99. (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94(1)(a)(iv) and the Board must
- (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
- (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Marginal note:Consultation
(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Marginal note:Process suspended
(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

Marginal note:Review

100. The Board must review the project if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

(a) the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1); and
(b) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board is to conduct the review of the project.

Marginal note:Impact statement — guidelines

101. (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project.
Marginal note:Exception
(2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided under subsection 144(1) is sufficient to allow it to conduct a review of the project.
Marginal note:Content of impact statement
(3) The guidelines must specify which of the following types of information the proponent is required to include in the impact statement:
- (a) a description of the project, the purpose of, and need for, the project;
- (b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;
- (c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b);
- (d) the measures proposed by the proponent to
  - (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,
  - (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,
  - (iii) compensate persons whose interests are adversely affected by the project, and
  - (iv) restore ecosystemic integrity after the permanent closure of the project;
- (e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish;
- (f) the interests in land and waters that the proponent has acquired or seeks to acquire;
- (g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and
- (h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances.
Marginal note:Comments
(4) The Board must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut, and must solicit written and oral comments on them 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:Guidelines sent to proponent
(5) After allowing a reasonable period for submission of comments, the Board must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.
Marginal note:Submission of statement
(6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board.

Marginal note:Conduct of review

102. (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26.
Marginal note:Public hearing
(2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, 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:Summon witnesses, etc.
(3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to
- (a) give evidence, orally or in writing; and
- (b) produce any documents or other things that the Board considers necessary to conduct its review of the project.
Marginal note:Enforcement of attendance, etc.
(4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court.
Marginal note:Hearing may be closed to public
(5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain
- (a) confidential, personal, business proprietary or privileged information; or
- (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.
Marginal note:Non-disclosure
(6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.
Marginal note:Enforcement of summonses and orders
(7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Factors to consider

103. (1) In conducting a review of a project, the Board must take into account the following factors:
- (a) the purpose of the project and the need for the project;
- (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area, taking into account the interests of other Canadians;
- (c) whether the project reflects the priorities and values of the residents of the designated area;
- (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;
- (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);
- (f) the cumulative ecosystemic and socio-economic 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;
- (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;
- (h) the measures, including those proposed by the proponent, that should be taken to
  - (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,
  - (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,
  - (iii) compensate persons whose interests are adversely affected by the project, and
  - (iv) restore ecosystemic integrity after the permanent closure of the project;
- (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);
- (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;
- (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;
- (l) the interests in land and waters that the proponent has acquired or seeks to acquire;
- (m) the options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;
- (n) the posting of performance bonds;
- (o) the particular issues or concerns identified under subsection 96(1); and
- (p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered.
Marginal note:Significance
(2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j).
Marginal note:Traditional knowledge
(3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it.

Marginal note:Report — Board

104. (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and setting out
- (a) its assessment of the project and its ecosystemic and socio-economic impacts;
- (b) its determination, based on that assessment, 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.
Marginal note:Ministerial direction
(2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.
Marginal note:Revised report
(3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.

Marginal note:Determination to proceed

105. If the Board determines that a project should proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

(a) agree with that determination and either
- (i) accept the terms or conditions recommended in the report, or
- (ii) reject those terms and conditions on one or more of the following grounds:
  - (A) one or more of the terms or conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or
  - (B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or
(b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest.

Marginal note:Determination not to proceed

106. If the Board makes a determination that a project should not proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

(a) agree with that determination; or
(b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

Marginal note:Revised report — rejection of conditions

107. (1) Within 30 days after a decision is made under subparagraph 105(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.
Marginal note:Revised report — rejection of determination
(2) Within 30 days after a decision is made under paragraph 106(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.
Marginal note:Minister’s decision
(3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended in that report either
- (a) accept it; or
- (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions,
  - (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or
  - (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.
Marginal note:Additional terms and conditions
(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

Marginal note:Socio-economic terms and conditions

108. Despite paragraphs 105(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

109. If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 105 or 106, subsection 107(3) or (4) or section 108.

Marginal note:Notification by Minister

110. The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.

Marginal note:Project certificate

111. (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.
Marginal note:Terms and conditions
(2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.
Marginal note:Content of certificate
(3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) 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.
Marginal note:Statutory Instruments Act
(4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:Extension of time limit
(5) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.

Marginal note:Reconsideration of terms and conditions

112. (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if
- (a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;
- (b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or
- (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions.
Marginal note:Minister’s initiative
(2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies.
Marginal note:Notice
(3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2).
Marginal note:Conduct of reconsideration
(4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances.
Marginal note:Report
(5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains
- (a) an assessment of the terms and conditions in force; and
- (b) any terms and conditions that it recommends should apply in respect of the project.
Marginal note:Minister’s decision
(6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), in respect of each term or condition recommended in that report either
- (a) accept it; or
- (b) reject it or vary it in any manner that that Minister considers appropriate, under section 108 or if, alone or combined with other terms or conditions,
  - (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or
  - (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.
Marginal note:Additional terms and conditions
(7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.
Marginal note:Extension of time limit
(8) 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 (6) by up to 90 days and must notify the proponent of the extension in writing.
Marginal note:Notification by Minister
(9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project.
Marginal note:Amended project certificate
(10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice.

Marginal note:Location of impacts

113. The ecosystemic and socio-economic impacts of the project, both inside and outside of the designated area, must be taken into account for the purposes of sections 101 to 112.

Marginal note:Priority

114. The responsible Minister may indicate to the Board that a review or a reconsideration of terms and conditions is a priority in relation to other reviews or reconsiderations and may propose a reasonable period within which it must be completed.

Federal Environmental Assessment Panel

Marginal note:Establishment

115. (1) After receiving a project proposal under subparagraph 94(1)(a)(i), the Minister of the Environment must establish a federal environmental assessment panel consisting of members, including a Chairperson, appointed by that Minister.
Marginal note:Composition
(2) The following rules apply in respect of the appointment of members of the panel, other than the Chairperson:
- (a) at least one quarter of the members must be appointed on the nomination of the territorial Minister; and
- (b) at least one quarter 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:Impartiality and qualifications
(3) The Minister of the Environment must appoint as members of the panel persons who are unbiased and free from any conflict of interest relative to the project and who have special knowledge or experience relevant to the anticipated technical, environmental or social impacts of the project.
Marginal note:Status of Inuk
(4) A panel member is not placed in a conflict of interest solely because the member is an Inuk as defined in section 1.1.1 of the Agreement.
Marginal note:Eligibility
(5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board.

Marginal note:Primary objectives

116. (1) A federal environmental assessment panel must exercise its powers and perform its duties and functions in accordance with the following primary objectives:
- (a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and
- (b) to protect the ecosystemic integrity of the designated area.
Marginal note:Other residents
(2) The panel must take into account the well-being of residents of Canada outside the designated area when exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a).
Marginal note:Interpretation
(3) For greater certainty, the panel must exercise its powers and perform its duties and functions under paragraph 123(1)(c) in accordance with the objectives set out in subsection (1).

Marginal note:Terms of reference

117. The Minister of the Environment must, in consultation with the responsible Minister, fix the terms of reference for the panel and send the project proposal to the panel. The Minister of the Environment must include in the terms of reference any issues or concerns identified under section 97 and may identify other issues or concerns that must also be considered by the panel in its review of the project.

Marginal note:Scope of project

118. (1) The Minister of the Environment must, in consultation with the responsible Minister, determine the scope of the project and, in making that determination, must
- (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that the Minister of the Environment considers sufficiently related to the project to form part of it; and
- (b) exclude from the scope of the project any work or activity identified in the project proposal that the Minister of the Environment considers insufficiently related to the project to form part of it.
Marginal note:Consultation
(2) The Minister of the Environment may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Marginal note:Process suspended
(3) If the Minister of the Environment makes an inclusion under paragraph (1)(a), the panel must not proceed with the review and the Commission as well as the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

Marginal note:Review

119. The panel must review the project if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the panel receives a decision, by reason of subsection 118(3), that the entire 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 it.

Marginal note:Impact statement — guidelines

120. (1) A federal environmental assessment panel must issue guidelines in respect of the preparation of a statement by the proponent on the ecosystemic and socio-economic impacts of the project.
Marginal note:Exception
(2) Despite subsection (1), a panel need not issue guidelines if it is of the opinion that the information contained in the description of the project or information submitted under subsection 144(1) is sufficient to allow it to conduct a review of the project.
Marginal note:Content of impact statement
(3) The guidelines must specify the types of information referred to in subsection 101(3) that the proponent must include in the impact statement.
Marginal note:Comments — Board
(4) The panel must send a draft of the guidelines to the Board, and the Board must provide its comments on them to the panel.
Marginal note:Comments — departments or agencies, etc.
(5) The panel must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut and must solicit written and oral comments on them 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:Consultation
(6) After receiving the Board’s comments and after allowing a reasonable period for the submission of comments under subsection (5), the panel must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.
Marginal note:Submission of statement
(7) The proponent must submit an impact statement prepared in accordance with the guidelines to the panel.
Marginal note:Recommendations — Board
(8) As soon as practicable after receiving the impact statement, the panel must send it to the Board so that the Board has sufficient time to analyse the statement and provide its concerns or recommendations to the panel no later than five days before the public hearing.
Marginal note:Recommendations taken into account
(9) The panel must take into account the Board’s concerns and recommendations with respect to the impact statement.

Marginal note:Public hearing

121. (1) A federal environmental assessment panel must hold a public hearing in respect of a project.
Marginal note:Duty
(2) The panel must take all necessary steps to promote public awareness of and 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:Informal proceedings
(3) A panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of public hearings and in particular must
- (a) allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and
- (b) give due regard and weight to the Inuit traditions regarding oral communication and decision-making.
Marginal note:Designated Inuit organization
(4) A designated Inuit organization has full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.
Marginal note:Languages
(5) The panel must conduct any public hearing in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the responsible Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.
Marginal note:Members
(6) Nothing in subsection (5) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.
Marginal note:Witnesses
(7) The panel has the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut, and that in being so heard the witness will not be placed at a disadvantage by not being heard in another of those languages.
Marginal note:Summon witnesses, etc.
(8) A panel has, in respect of public hearings, the power to summon any person to appear as a witness before the panel and to order the witness to
- (a) give evidence, orally or in writing; and
- (b) produce any documents or other things that the panel considers necessary to conduct its review of the project.
Marginal note:Enforcement of attendance, etc.
(9) A panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as a superior court.
Marginal note:Hearing may be closed to public
(10) A panel may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or other witness, that the evidence, documents or things to be disclosed in the hearing contain
- (a) confidential, personal, business proprietary or privileged information; or
- (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.
Marginal note:Non-disclosure
(11) Evidence, documents or things referred to in subsection (10) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.
Marginal note:Enforcement of summonses and orders
(12) A summons issued or an order made by a panel under subsection (8) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Factors to consider

122. (1) In conducting a review of a project, a federal environmental assessment panel must take into account the following factors:
- (a) the purpose of the project, and the need for the project;
- (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area while taking into account the interests of other Canadians;
- (c) whether the project reflects the priorities and values of the residents of the designated area;
- (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;
- (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);
- (f) the cumulative ecosystemic and socio-economic 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;
- (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;
- (h) the measures, including those proposed by the proponent, that should be taken to
  - (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,
  - (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,
  - (iii) compensate persons whose interests are adversely affected by the project, and
  - (iv) restore ecosystemic integrity after the permanent closure of the project;
- (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);
- (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;
- (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;
- (l) the interests in land and waters that the proponent has acquired or seeks to acquire;
- (m) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;
- (n) the posting of performance bonds;
- (o) the particular issues or concerns identified under sections 97 and 117;
- (p) the concerns and recommendations referred to in subsection 120(8); and
- (q) any other matter within its jurisdiction that, in its opinion, should be considered.
Marginal note:Significance of impacts
(2) In determining the significance of impacts for the purposes of paragraph (1)(i), the panel must take into account the factors set out in paragraphs 90(a) to (j).
Marginal note:Knowledge
(3) In its review of a project, the panel must take into account any traditional knowledge or community knowledge provided to it.

Marginal note:Report — panel

123. (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment and setting out
- (a) its assessment of the project and its ecosystemic and socio-economic impacts;
- (b) its determination, based on that assessment, 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.
Marginal note:Report made public
(2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public.
Marginal note:Extension of time limit
(3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing.

Marginal note:Conclusions — Board

124. Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including

(a) any deficiencies that it has identified in the panel’s report;
(b) any additional information that it recommends should be obtained;
(c) its determination as to whether the project should or should not proceed; and
(d) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project, including mitigative measures.

Marginal note:Determination to proceed

125. If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

(a) agree with that determination and either
- (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or
- (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or
(b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest.

Marginal note:Determination not to proceed

126. If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

(a) agree with that determination; or
(b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

Marginal note:Report — rejection of conditions

127. (1) Within 30 days after a decision is made under subparagraph 125(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions that the panel had recommended, make any changes it considers appropriate and submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.
Marginal note:Report — rejection of determination
(2) Within 30 days after a decision is made under paragraph 126(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.
Marginal note:Minister’s decision — terms and conditions
(3) The responsible Minister must, within 120 days after receiving a report made under subsection (1) or (2), in respect of each recommended term or condition in that report either
- (a) accept it; or
- (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions,
  - (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or
  - (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.
Marginal note:Additional terms and conditions
(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

Marginal note:Socio-economic terms and conditions

128. Despite paragraphs 125(a) and 127(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

129. If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 125 or 126, subsection 127(3) or (4) or section 128.

Marginal note:Approval of Governor in Council

130. Any decision of the responsible Minister made under subparagraph 125(a)(i), paragraph 125(b) or 126(a), subsection 127(3) or (4) or section 128 in relation to a project referred to in subparagraph 94(1)(a)(i) requires the approval of the Governor in Council.

Marginal note:Notification by Minister

131. The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with sections 125 to 130, that are to apply in respect of a project.

Marginal note:Project certificate

132. (1) Within 30 days after receiving the notice under section 131, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.
Marginal note:Application of subsections 111(2) to (4)
(2) Subsections 111(2) to (4) apply in respect of the project certificate issued under subsection (1).
Marginal note:Extension of time limit
(3) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.
Marginal note:Reconsideration of terms and conditions
(4) Sections 112 and 114 apply in respect of the review of the terms and conditions and the issuance of an amended project certificate, and in paragraph 112(6)(b) the reference to section 108 is a reference to section 128.

Marginal note:Location of impacts

133. The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 120 to 132.

Project Terms and Conditions

Compatibility

Marginal note:Prescribed standards

134. In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of a project, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by any environmental or socio-economic Act of Parliament of general application or territorial law of general application or by any regulation of general application made under such an Act or law.

Monitoring Programs

Marginal note:Impacts of project

135. (1) The responsible Minister may, in establishing terms and conditions that are to apply in respect of a project, require the establishment of a monitoring program of the project’s ecosystemic and socio-economic impacts.
Marginal note:Responsibilities
(2) The Government of Canada, the Government of Nunavut, the Board and the proponent must each carry out any responsibilities assigned to them under the monitoring program.
Marginal note:Purpose of program
(3) The purpose of a monitoring program is to
- (a) measure the impact of the project on the ecosystemic and socio-economic environments of the designated area;
- (b) determine whether the project is carried out in accordance with the terms and conditions imposed under subsection 152(6) or set out in the original or amended project certificate;
- (c) provide the information necessary for regulatory authorities to enforce the terms and conditions of licences, permits or other authorizations that they issue in relation to the project; and
- (d) assess the accuracy of the predictions contained in the project impact statement.
Marginal note:Requirements of program
(4) A monitoring program must specify the elements to be monitored and may include the requirement that
- (a) regulatory authorities and the proponent provide the Board with information respecting the activities relating to a project, its impacts and the implementation of any mitigative measures;
- (b) the Board carry out periodic evaluations of the program; and
- (c) the Board produce a report of the adequacy of the program, based on the information obtained under paragraph (b), and on the ecosystemic and socio-economic impacts of the project.
Marginal note:Other responsibilities
(5) For greater certainty, federal and territorial ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law.
Marginal note:No duplication of responsibilities
(6) There must be no duplication of responsibilities between those assigned to the Board under a monitoring program and those referred to in subsection (5).

Implementation

Marginal note:Duty — general

136. (1) Each federal or territorial minister, each department or agency and each municipality must, to the extent of their jurisdiction and authority to do so, implement the terms and conditions that are set out in an original or amended project certificate.
Marginal note:Limit to duty
(2) Nothing in subsection (1) requires the amendment of any Act of Parliament or territorial law or any regulation as defined in section 1.1.1 of the Agreement.

Marginal note:Duty — licences, etc.

137. (1) Each regulatory authority must, to the extent of its jurisdiction and authority to do so, incorporate the terms and conditions referred to in subsection 136(1) into any licence, permit or other authorization that it issues.
Marginal note:Other terms and conditions
(2) For greater certainty, a regulatory authority may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in subsection 136(1) and subsection (1) does not prevent a regulatory authority from refusing to issue a permit, licence or other authorization.
Marginal note:Consultation
(3) A regulatory authority must consult the Board with a view to determining the most effective means of implementing the terms and conditions referred to in subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Board in order to obtain its comments and recommendations.
Marginal note:Copy to Board and Commission
(4) A regulatory authority must send a copy of each licence, permit or other authorization referred to in subsection (1) to the Board and the Commission, unless the Board or the Commission, as the case may be, exempts that authority from the requirement to provide it with copies.
Marginal note:Validity of licence, etc.
(5) The validity of a licence, permit or other authorization is not to be challenged before a court on the grounds that a regulatory authority fettered its discretion or acted without jurisdiction by incorporating the terms and conditions referred to in subsection (1) into it.

Marginal note:Prevailing terms and conditions

138. Terms and conditions referred to in subsection 136(1) prevail over any conflicting terms and conditions set out in any decision of a regulatory authority.

Marginal note:Decision of independent regulatory agency

139. (1) If there is an inconsistency between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, that agency must communicate the reasons for the inconsistency to the responsible Minister, the Board and the Governor in Council.
Marginal note:Exception — prevailing terms and conditions
(2) Despite section 138, if there is a conflict between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, the terms and conditions set out in the decision of the independent regulatory agency prevail if
- (a) the government does not have the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest; or
- (b) the government has the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest and implementing the terms and conditions referred to in subsection 136(1) would undermine the viability of the project.
Marginal note:Amended certificate
(3) Within 45 days after the day on which a decision is made by the Governor in Council under paragraph (2)(a) or (b), the Board must issue an amended project certificate and the terms and conditions set out in the certificate must be consistent with those set out in the decision of the independent regulatory agency.
Marginal note:Non-application of subsections (2) and (3)
(4) For greater certainty, subsections (2) and (3) do not apply if the terms and conditions are varied under section 112 and, as a result, the conflict referred to in subsection (2) is resolved.
Marginal note:Definition
(5) For the purposes of this section, “decision of an independent regulatory agency” means a decision made by any body established under a federal or territorial law under a power conferred on it to regulate or to issue licences, permits or other authorizations if that body is not subject to specific direction or control by the Government of Canada or Government of Nunavut.
Marginal note:Interpretation
(6) A decision
- (a) does not cease to be a decision of an independent regulatory agency solely because
  - (i) it is subject to general direction by the Government of Canada or the Government of Nunavut through the issuance of guidelines, regulations or directives, or
  - (ii) it is subject to the approval of, or may be varied or rescinded by, the Government of Canada or the Government of Nunavut; and
- (b) ceases to be a decision of an independent regulatory agency if the Government in question varies it before reasons are communicated under subsection (1).

Marginal note:Inuit Impact and Benefit Agreements

140. Any Inuit Impact and Benefit Agreement entered into by a proponent and the designated Inuit organization under Article 26 of the Agreement must be consistent with the terms and conditions set out in an original or amended project certificate.

General Provisions

Modifications to Project During Assessment

Marginal note:Notice — proponent

141. (1) A proponent must, as soon as practicable, notify the Commission in writing of any significant modification to a project that is under assessment under this Part. The notice must include a description of the modification that is prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).
Marginal note:New assessment
(2) On receipt of a notice under subsection (1), the assessment of the original project is terminated and an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under section 76.
Marginal note:Consideration of previous assessment
(3) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

Marginal note:Notice — authority assessing project

142. (1) If, in the exercise of its powers or the performance of its duties and functions under this Part, the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, it must, as soon as practicable, notify the proponent in writing of the requirement set out under subsection 141(1).
Marginal note:Termination of assessment
(2) If the proponent does not provide a notice under subsection 141(1) within 30 days after the day on which the notice was given under subsection (1), the assessment of the project is terminated.
Marginal note:Interpretation
(3) For greater certainty, the proponent may submit a project proposal in relation to the modified project in accordance with section 76.
Marginal note:Consideration of previous assessment
(4) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.

Requests During Assessment

Marginal note:Request — suspension

143. (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.
Marginal note:Suspension
(2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension.
Marginal note:Time not counted
(3) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part.
Marginal note:Resumption or termination of review
(4) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated.
Marginal note:Request — termination
(5) The proponent may request in writing that the assessment of a project be terminated. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.
Marginal note:Termination of review
(6) The assessment of the project is terminated on the day on which a request under subsection (5) is received.
Marginal note:Interpretation
(7) For greater certainty, the proponent may submit a new project proposal in relation to a project whose assessment has been terminated under subsection (4) or (6), in accordance with section 76.
Marginal note:Consideration of previous assessment
(8) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Marginal note:Additional information

144. (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be.
Marginal note:Suspension
(2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so.
Marginal note:Termination of assessment
(3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated.
Marginal note:Interpretation
(4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.
Marginal note:Consideration of previous assessment
(5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Modifications to Project After Assessment

Marginal note:Modification not significant

145. If the carrying out of a work or activity is a project within the meaning of subsection 2(1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74(a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project.

Marginal note:Significant modification

146. (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part.
Marginal note:Previous assessments
(2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project.

Projects Not Carried Out

Marginal note:New assessment

147. (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part.
Marginal note:Prohibition
(2) It is prohibited to carry out the project referred to in subsection (1) in whole or in part, but the proponent may submit a new project proposal in relation to it in accordance with section 76.
Marginal note:Consideration of previous assessment
(3) The person or body exercising powers or performing duties or functions under this Part in respect of the project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.

Consultations

Marginal note:Consultation — Minister

148. The responsible Minister must consult with the relevant regulatory authorities in respect of the establishment of terms and conditions, under this Part, that are to apply to the carrying out of a project.

Multiple Responsible Ministers

Marginal note:Joint exercise of powers, etc.

149. (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part.
Marginal note:Subparagraph 94(1)(a)(i)
(2) If there is more than one responsible Minister in respect of a project and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to “responsible Minister” in subparagraph 94(1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph.
Marginal note:Coordination and transmission of documents
(3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers.
Marginal note:Notice of decisions
(4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the federal Minister must perform the duties of the responsible Minister under subsection 200(4) in relation to those decisions.

Reasons for Decisions

Marginal note:Written reasons

150. Written reasons must be provided with respect to

(a) a decision under section 77 that a project is not in conformity with an applicable land use plan;
(b) a decision made under any of paragraphs 81(2)(a) and 82(2)(a), sections 93 to 95, 105 and 106, subsections 107(3) and (4) and 112(6) and (7), sections 125 and 126, subsections 127(3) and (4), 142(1), 144(2) and 152(6) and paragraph 155(1)(b);
(c) a decision under any of subsections 86(1), 99(1) and 118(1) that has the effect of expanding or restricting the scope of the project; and
(d) a determination in an original or amended report that is prepared by the Board, a federal environmental assessment panel or a joint panel under this Part, other than under subsection 152(4).

Special Cases

National Security

Marginal note:Non-application of this Part

151. The Minister of National Defence may, on an exceptional basis, make a decision to exempt from the application of this Part the carrying out of any work relating to an installation or facility, or the undertaking or carrying out of any activity, that constitutes a project within the meaning of subsection 2(1) and that is required for the purpose of national defence if that Minister certifies in the decision that, for reasons of confidentiality or urgency, an exemption is required in the interest of national security.

Emergency Situations

Marginal note:Non-application of this Part

152. (1) This Part does not apply in respect of any project that is carried out in response to
- (a) a national emergency for which special temporary measures are taken under the Emergencies Act;
- (b) an emergency if a federal or territorial minister who is authorized under any other Act of Parliament or any territorial law to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or
- (c) an emergency if the federal Minister certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the project be carried out without delay.
Marginal note:Report — person or entity
(2) As soon as practicable after undertaking a project referred to in subsection (1), the person or entity carrying it out must submit a written report to the Commission, the Board and the federal Minister describing
- (a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in paragraph (1)(a), (b) or (c), as the case may be; and
- (b) any further works or activities required after the end of that emergency to complete the project or maintain a work referred to in paragraph (a).
Marginal note:Report — Commission
(3) After receiving a report under subsection (2), the Commission may submit a written report to the federal Minister that contains an assessment of the project’s conformity with any applicable land use plan.
Marginal note:Report — Board
(4) After receiving a report under subsection (2), the Board may submit a written report to the federal Minister with terms and conditions that it recommends, with reasons, should apply in respect of the project or any portion of it.
Marginal note:Additional information
(5) The person or entity must provide any additional information that the Commission or the Board considers necessary to prepare its report under subsection (3) or (4), as the case may be.
Marginal note:Terms and Conditions
(6) After receiving a report under subsection (2) and reports under subsections (3) and (4), if any, the federal Minister may impose terms and conditions on the carrying out of the works or activities referred to in paragraph (2)(b), in which case section 135 applies.
Marginal note:Prohibition
(7) It is prohibited to carry out any works or activities referred to in paragraph (2)(b), in whole or in part, in contravention of any term and condition imposed under subsection (6).

Community Resupply and Ship Movements

Marginal note:No screening

153. (1) The Board must not screen any project if, after determining the scope of the project under subsection 86(1), it is of the opinion that the project either has as its purpose the provision of normal community resupply or consists of individual ship movements not relating to another project.
Marginal note:Precision
(2) Sections 87 to 140 do not apply in respect of a project referred to in subsection (1).

Exploration, Developmental or Development Activities

Marginal note:Licences — Nunavut Water Board

154. (1) Despite paragraph 75(1)(b), the Nunavut Water Board may issue licences to use waters or deposit waste for an interim, short-term period under the Nunavut Waters and Nunavut Surface Rights Tribunal Act, in respect of exploration or developmental activities that relate directly to a project that is subject to a review under this Part.
Marginal note:Conditions
(2) Despite paragraph 74(b) and subject to paragraph 74(f) and to obtaining the licence referred to in subsection (1) and any other licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1).
Marginal note:Non-renewal, etc.
(3) Licences referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.

Marginal note:Licences — regulatory authorities

155. (1) Despite paragraph 75(1)(b), a regulatory authority may issue a licence, permit or other authorization in respect of exploration or development activities that relate directly to a project that is subject to a review under this Part if
- (a) each activity belongs to a class of exempt activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt activities prescribed by regulation; or
- (b) the activities may, in the Board’s opinion, proceed without such a review.
Marginal note:Conditions
(2) Despite paragraph 74(b) and 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 to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1).
Marginal note:Non-renewal, etc.
(3) Licences, permits or other authorizations referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.

Transboundary Projects

Review by Commission

Marginal note:Application — entire project

156. (1) If a project is to be carried out partly outside the designated area, sections 76 and 80 apply in respect of the entire project.
Marginal note:Limitation
(2) Sections 77 to 79, 81, 82 and, subject to subsection (1), 85 apply only in respect of the portion of the project to be carried out inside the designated area.

Screening by Board

Marginal note:Application — entire project

157. (1) If a project is to be carried out partly outside the designated area, sections 86 to 98 apply, subject to subsection (2), in respect of the entire project.
Marginal note:Limitation — scope of project
(2) If the Board makes an inclusion under paragraph 86(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 86(3) and section 87 do not apply and the Board must screen the entire project.

Review

Board

Marginal note:Scope of project

158. (1) If the Board receives a project proposal under subparagraph 94(1)(a)(iii) or subsection 94(3), the Board must determine the scope of the project and the Board must
- (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
- (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Marginal note:Application — entire project
(2) Subject to subsections (3) to (5), subsections 99(2) and (3) and sections 100 to 114 apply in respect of the entire project.
Marginal note:Limitation — scope of project
(3) If the Board makes an inclusion under paragraph (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 99(3) and section 100 do not apply and the Board must review the entire project.
Marginal note:Limitation — Board report
(4) The responsible Minister may only exercise the powers and perform the duties and functions conferred on that Minister under sections 105 and 106 in relation to the parts of the Board’s report that are applicable to or affect the designated area.
Marginal note:Limitation — terms and conditions
(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions conferred under sections 107 and 108 in relation to terms and conditions that are applicable to or affect the designated area.

Marginal note:Agreement — coordination

159. (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews.
Marginal note:Government of foreign state, etc.
(2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

Federal Environmental Assessment Panel or Joint Panel

Marginal note:Ministerial decision

160. (1) After receiving a project proposal under subparagraph 94(1)(a)(ii), the Minister of the Environment must either
- (a) establish a federal environmental assessment panel; or
- (b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel.
Marginal note:Agreement with foreign state, etc.
(2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.

Marginal note:Federal environmental assessment panel

161. (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160(1)(a), that Minister must appoint the members of that panel, including a Chairperson.
Marginal note:Composition — aboriginal groups
(2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1), in accordance with any agreement concluded between them.
Marginal note:Application — entire project
(3) Subsections 115(3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project.
Marginal note:Limitation — scope of project
(4) If the Minister of the Environment makes an inclusion under paragraph 118(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118(3) and section 119 do not apply and the federal environmental assessment panel must review the entire project.
Marginal note:Limitation — panel report
(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 124 to 126 in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area.
Marginal note:Limitation — terms and conditions
(6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area.

Marginal note:Joint panel

162. (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project.
Marginal note:Compatibility
(2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection.
Marginal note:Members
(3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel.
Marginal note:Interpretation
(4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.

Parks and Conservation Areas

Projects

Definition of “responsible authority”

163. In sections 164 to 170, “responsible authority” means, as the case may be,

(a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or
(b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.

Marginal note:Project proposal

164. (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.
Marginal note:Contents
(2) A project proposal must contain a description of the project prepared in accordance with criteria established by the responsible authority.
Marginal note:Grouping of related projects
(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act.
Marginal note:Notice
(4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.

Marginal note:Conformity with requirements

165. The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.

Marginal note:Verification — screening

166. (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening.
Marginal note:Exemption from screening
(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.
Marginal note:Authority may consult Board
(3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.

Marginal note:Project not exempt from screening

167. If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.

Marginal note:Project exempt from screening

168. (1) If a project is exempt from screening and the responsible authority has concerns in respect of any cumulative ecosystemic and socio-economic 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 inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.
Marginal note:No concerns — cumulative impacts
(2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject 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, carry out the project.
Marginal note:Location of impacts
(3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area.

Marginal note:Time limit

169. (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165.
Marginal note:Time not counted — additional information
(2) Any time required for the proponent to provide information required under subsection 144(1) as modified by paragraph 170(a) does not count as part of the period referred to in subsection (1).

Marginal note:Application of certain provisions

170. Section 73, paragraphs 74(a) to (e) and (g), section 75, subsections 86(1) and (2), sections 87 to 98, subsections 99(1) and (2), sections 100 to 117, subsections 118(1) and (2) and sections 120 to 162 apply in respect of the project subject to the following:

(a) in those provisions, a reference to the Commission is a reference to the responsible authority;
(b) in paragraphs 74(a) and 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4), 147(2) and 156(1), the reference to section 76 is a reference to section 164;
(c) in paragraphs 74(d), 75(1)(d) and 150(a), a reference to section 77 is a reference to section 165, a reference to an applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility and in paragraphs 74(d) and 75(1)(d), the reference respecting a minor variance or a ministerial exemption does not apply;
(d) in subsection 86(1), section 87 and paragraphs 92(3)(a) and 100(a), the references to section 79 and subsection 80(1) are, respectively, references to section 167 and subsection 168(1);
(e) if the Board makes an inclusion under paragraph 86(1)(a) or 99(1)(a), the Board must not proceed with the screening or the review, as the case may be, and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project;
(f) in paragraph 92(3)(c), the day is the day on which the Board receives a decision from the responsible authority, by reason of paragraph (e), that comes to the conclusion referred to in section 167 or subsection 168(1);
(g) in paragraph 93(1)(a) and subsections 111(3) and 155(2), the reference respecting paragraph 74(f) does not apply;
(h) in section 98, the reference to sections 88 to 97 is a reference to those sections, taking into account any modifications made to them under this section;
(i) if the Minister of the Environment makes an inclusion under paragraph 118(1)(a), the federal environmental assessment panel must not proceed with the review and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project;
(j) a federal environmental assessment panel must review the project in relation to which the scope has been determined if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the responsible authority, by reason of paragraph (i), comes to the conclusion referred to in section 167 or subsection 168(1);
(k) in subsection 132(2), the reference to subsections 111(2) to (4) is a reference to subsection 111(2), to subsection 111(3), as modified by paragraph (g), and to subsection 111(4);
(l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (g);
(m) in paragraph 150(b), the reference to section 93 is a reference to that section as modified by paragraph (g) and the references to paragraphs 81(2)(a) and 82(2)(a) do not apply;
(n) in paragraph 150(c) and subsection 153(1), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);
(o) in subsection 152(3), the reference to any applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility;
(p) in subsection 153(2), the reference to sections 87 to 140 is a reference to those sections, taking into account any modifications made to them under this section;
(q) in subsection 156(1), the reference to section 80 is a reference to section 168;
(r) in subsection 156(2), the reference to sections 77 to 79 is a reference to sections 165 to 167 and the references respecting sections 81, 82 and 85 do not apply;
(s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (e), subsections 86(1) and (2) and sections 87 to 98, taking into account any modifications made to those provisions under this section;
(t) in subsection 157(2), the reference to subsection 86(3) is a reference to paragraph (e) and the reference to section 87 is a reference to that section as modified by paragraph (d);
(u) in subsection 158(2), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to sections 100 to 114 is a reference to those sections, taking into account any modifications made to them under this section;
(v) in subsection 158(3), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to section 100 is a reference to that section as modified by paragraph (d);
(w) in subsection 161(3), the reference to sections 116 to 133 is a reference to paragraphs (i) and (j), sections 116 and 117, subsections 118(1) and (2) and sections 120 to 133;
(x) in subsection 161(4), the references to subsection 118(3) and section 119 are, respectively, references to paragraphs (i) and (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).

Marginal note:Project partly outside park, etc.

171. If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency,

(a) sections 76, 80, 164 and 168 apply in respect of the entire project;
(b) sections 163 and 165 to 167 apply only in respect of the portion of the project to be carried out inside the park or historic place; and
(c) sections 77 to 79, 81, 82 and, subject to paragraph (a), 85 apply only in respect of the portion of the project that is to be carried out outside the park or historic place.

Marginal note:Projects inside certain conservation areas

172. Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency.

Establishment, Abolition and Alteration of Area

Interpretation

Marginal note:Ministerial initiative

173. If a federal or territorial minister proposes an initiative referred to in subsection 174(1), a reference to a department or agency in subsections 174(1) and (3), 177(6) and 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister.

Proposal

Marginal note:Duty — department or agency

174. (1) The department or agency proposing an initiative whose purpose is to establish or abolish a park or a conservation area, in whole or in part inside the designated area, or to expand or reduce its area, in whole or in part within the designated area, must submit a proposal to the Commission.
Marginal note:Content of proposal
(2) The proposal must contain a description of the initiative prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).
Marginal note:Notice
(3) The Commission must publish in its public registry a notice of receipt for the initiative. That notice must contain a summary of the initiative, including a description of its nature and an indication of where it is to be carried out, and the name of the department or agency.

Land Use Plan in Effect

Marginal note:Conformity with plan

175. (1) The Commission must determine if an initiative is in conformity with any land use plan that is applicable to the place where the initiative is to be carried out.
Marginal note:Multiple plans
(2) If different portions of the initiative are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the initiative is not in conformity with the land use plan applicable to it, the entire initiative is deemed not to be in conformity.

Marginal note:Initiative in conformity with plan

176. If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening.

Marginal note:Initiative not in conformity with plan

177. (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48(3), if any, are met.
Marginal note:Minor variance permitted
(2) If the land use plan authorizes the granting of a minor variance and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the initiative is not in conformity with the plan,
- (a) grant the variance, in which case it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or
- (b) refuse to grant the variance.
Marginal note:Publication
(3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.
Marginal note:Objection
(4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission, in writing, that the proposed minor variance should not be granted because
- (a) the land use plan does not authorize the granting of the minor variance;
- (b) the conditions subject to which a minor variance may be granted are not met; or
- (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.
Marginal note:Reasons taken into account and public review
(5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.
Marginal note:Extension of time limit
(6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the department or agency of the extension in writing.

Marginal note:Request for ministerial exemption

178. (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

179. (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

180. 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

181. 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

182. 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

183. 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

184. 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

185. 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

186. 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.

Marginal note:Follow-up

187. The Government of Canada and the Government of Nunavut must each take any action in response to the report that it considers appropriate in the circumstances.

Marginal note:Interpretation

188. For greater certainty, sections 185 to 187 do not limit the jurisdiction of any other authority having powers, duties or functions in relation to the review of the impacts of the project.

PART 5GENERAL PROVISIONS

Interpretation

Marginal note:Initiative

189. (1) In this Part, in the case of an initiative referred to in subsection 174(1), a reference to a project is a reference to the initiative and a reference to a proponent is a reference to the department or agency — or, by application of section 173, the federal or territorial minister — proposing that initiative.
Marginal note:Definitions
(2) The following definitions apply in this Part.
“responsible authority”
« autorité compétente »
“responsible authority” has the same meaning as in section 163.
“responsible Minister”
« ministre compétent »
“responsible Minister” has the same meaning as in subsection 73(1).

Standing During Assessment

Marginal note:Standing — certain Indian bands

190. In the exercise of their powers and the performance of their duties and functions related to review under Parts 2 to 4, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to the councils of the Fort Churchill Indian Band, the Northlands Indian Band, the Black Lake Indian Band, the Hatchet Lake Indian Band and the Fond du Lac Indian Band to make submissions respecting the interests of their respective bands in relation to the areas within the designated area that those bands have traditionally used and continue to use and those bodies must take those submissions into account.

Marginal note:Standing — Makivik

191. In the exercise of their powers and the performance of their duties and functions in relation to islands and marine areas of the Nunavut Settlement Area that are traditionally used and occupied by the Inuit of Northern Quebec, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to Makivik to make submissions respecting the interests of the Inuit of northern Quebec and those bodies must take those submissions into account.

Coordination of Activities

Marginal note:Commission and Board

192. The Commission and the Board may coordinate their respective activities.

Marginal note:Nunavut Water Board

193. The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel must coordinate their respective activities relating to the review of a project requiring a licence under the Nunavut Waters and Nunavut Surface Rights Tribunal Act with those of the Nunavut Water Board so as to ensure efficiency and avoid duplication.

Marginal note:Similar institutions

194. The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel may coordinate their respective activities with those of bodies having similar powers, duties or functions in any area in or adjacent to the designated area.

Marginal note:Agreement — impacts outside designated area

195. (1) The Government of Canada and the Government of Nunavut must, with the assistance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collaboration between the Board, any federal environmental assessment panel and those governments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area.
Marginal note:Interpretation
(2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board.

Marginal note:Advice regarding marine areas

196. The Commission and the Board may advise departments or agencies and make recommendations to them respecting marine areas, either individually or, as part of the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, both acting jointly with the Nunavut Water Board and the Nunavut Wildlife Management Board, and the Government of Canada and the Government of Nunavut must consider that advice and those recommendations when making any decision that may affect those marine areas.

Information and Documents

Obtaining Information

Marginal note:Required information

197. (1) If a regulatory authority or a department or agency or municipality that is not a regulatory authority is in possession of specialist or expert information or knowledge, including traditional knowledge, it must, at the request of the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, make that information or knowledge available to them if they require it to exercise their powers or perform their duties or functions.
Marginal note:Limitation — discretion
(2) Despite subsection (1), if a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under any other Act of Parliament or any territorial law to refuse to disclose the information or knowledge, they are not required to disclose it.
Marginal note:Exercise of discretion
(3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement.

Marginal note:Limitation — restriction on disclosure

198. Despite any other provision of this Act, proponents, regulatory authorities and departments or agencies that are not regulatory authorities are not required to provide the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel, the responsible Minister or any person designated under section 209 with any information whose disclosure is restricted under any other Act of Parliament or any territorial law.

Use of Information

Marginal note:Limitation — use for exercising powers, etc.

199. The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act.

Communication of Information and Documents

Marginal note:Decisions and reports — Commission

200. (1) The Commission must provide
- (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 77, subsection 78(1), section 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2);
- (b) in the case of a decision made under subsection 80(2), the regulatory authorities identified by the proponent with the project proposal; and
- (c) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3).
Marginal note:Decisions, reports and certificates — Board
(2) The Board must
- (a) provide the proponent, the Commission and the regulatory authorities identified by the proponent with any decision that it makes under subsection 86(1), 99(1) or 142(1);
- (b) provide the proponent and the regulatory authorities identified by the proponent with any original or revised report referred to in subsection 92(1), 104(1) or (3), 107(1) or (2) or 112(5) or paragraph 135(4)(c);
- (c) if the responsible Minister is a territorial minister, provide the federal Minister with any report referred to in subsection 92(1);
- (d) in the case of a decision made under paragraph 93(1)(a), or after issuing a certificate under subsection 111(1), 112(10) or 132(1), provide the regulatory authorities identified by the proponent with the project proposal;
- (e) provide the proponent with every original or amended project certificate that it issues and provide a copy of that certificate to the regulatory authorities identified by the proponent;
- (f) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with the findings and conclusions referred to in section 124;
- (g) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with any report referred to in subsection 127(1) or (2);
- (h) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 155(1)(b); and
- (i) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4).
Marginal note:Decisions and reports — panels
(3) Each federal environmental assessment panel must provide
- (a) the proponent, the Commission and the regulatory authorities identified by the proponent with any decision made by the Minister of the Environment under subsection 118(1);
- (b) the proponent and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1) and any decision that it makes under subsection 144(2); and
- (c) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under subsection 142(1).
Marginal note:Decisions — Minister
(4) The responsible Minister must provide
- (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision made by that Minister under subsection 93(1) or 94(1) or (3), section 95, 105 or 106 or subsection 107(3) or (4) or 112(6) or (7) and with any decision amended under subsection 139(3); and
- (b) the proponent, the Board, the Minister of the Environment and the regulatory authorities identified by the proponent with any decision made by the responsible Minister under section 125 or 126 or subsection 127(3) or (4).
Marginal note:Other decisions — Minister
(5) The federal Minister or the territorial Minister, or both, as the case may be, must provide
- (a) the Commission with any request for a ministerial exemption submitted under subsection 82(1) or 178(1); and
- (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision made under subsection 82(2) or 178(2).
Marginal note:Decisions and reports — Minister
(6) The federal Minister must provide
- (a) the relevant regulatory authorities with any report submitted under subsection 152(2); and
- (b) the person or entity referred to in subsection 152(2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152(6).
Marginal note:Decisions and reports — joint panel
(7) Each joint panel must provide
- (a) the proponent, the authority referred to in paragraph 160(1)(b) and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1); and
- (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision it makes under subsection 142(1).
Marginal note:Decisions and reports — responsible authority
(8) Each responsible authority must provide
- (a) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3);
- (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 165, subsection 166(1) or section 168; and
- (c) in the case of a decision made under subsection 168(2), the project proposal to the regulatory authorities identified by the proponent.
Marginal note:Interpretation
(9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164(1), a reference to the Commission is a reference to the responsible authority.

Marginal note:Public registry — Commission

201. (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

202. (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

203. 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

204. (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

205. 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

206. 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

207. (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

208. (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.

Administration and Enforcement

Designation

Marginal note:Designation

209. The federal Minister may designate any employee, or class of employees, of a department or agency to exercise powers relating to verifying compliance or preventing non-compliance with this Act or orders made under section 214.

Powers

Marginal note:Authority to enter

210. (1) A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 may, for those purposes, enter a place in which they have reasonable grounds to believe that a project is being carried out or a document or any thing relating to a project is located.
Marginal note:Powers on entry
(2) The designated person may, for the purposes referred to in subsection (1),
- (a) examine anything in the place;
- (b) use any means of communication in the place or cause it to be used;
- (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system;
- (d) prepare a document, or cause one to be prepared, based on the data;
- (e) use any copying equipment in the place, or cause it to be used;
- (f) remove any thing from the place for examination or copying;
- (g) take photographs and make recordings or sketches;
- (h) order the owner or person in charge of the place or any person at the place to establish their identity to the designated person’s satisfaction or to stop or start an activity;
- (i) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the designated person’s opinion, is necessary;
- (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
- (k) prohibit or limit access to all or part of the place.
Marginal note:Certificate
(3) The federal Minister must provide every designated person with a certificate of designation. On entering any place, that person must, if so requested, produce the certificate to the occupant or person in charge of the place.
Marginal note:Duty to assist
(4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to verify compliance or prevent non-compliance with this Act or orders made under section 214 and must provide any documents, data or information that are reasonably required for that purpose.

Marginal note:Warrant for dwelling-house

211. (1) If the place referred to in subsection 210(1) is a dwelling-house, the designated person may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).
Marginal note:Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that
- (a) the dwelling-house is a place referred to in subsection 210(1);
- (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or orders made under section 214; and
- (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Marginal note:Entering private property

212. (1) For the purpose of gaining entry to a place referred to in subsection 210(1), a designated person may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
Marginal note:Person accompanying designated person
(2) A person may, at the designated person’s request, accompany the designated person to assist them in gaining entry to the place referred to in subsection 210(1) and is not liable for doing so.

Marginal note:Use of force

213. In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer.

Orders

Marginal note:Measures required

214. (1) If a person designated to verify compliance or prevent non-compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person or entity to
- (a) stop doing something that is in contravention of this Act or cause it to be stopped; or
- (b) take any measure that the designated person considers necessary in order for the person or entity to comply with this Act or to mitigate the effects of the contravention.
Marginal note:Notice
(2) The order must be provided in the form of a written notice and must include
- (a) a statement of the reasons for the order; and
- (b) the time and manner in which the order must be carried out.
Marginal note:Statutory Instruments Act
(3) The orders are not statutory instruments for the purposes of the Statutory Instruments Act.

Coordination

Marginal note:Activities — designated persons

215. A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 must coordinate their activities with those of any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.

Injunction

Marginal note:Court — powers

216. (1) If, on the application of the responsible Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward a contravention of this Act, the court may issue an injunction ordering the person or entity that is named in the application to
- (a) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward a contravention of this Act; or
- (b) do an act that, in the opinion of the court, may prevent a contravention of this Act.
Marginal note:Notice
(2) At least 48 hours before an injunction is issued under subsection (1), notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.

Prohibitions, Offences and Punishment

Marginal note:Obstruction

217. It is prohibited to knowingly obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act.

Marginal note:False statements or information

218. It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act.

Marginal note:Offence and punishment

219. (1) Any person who contravenes section 74, subsection 147(2), 152(7) or 208(5) or an order made under paragraph 214(1)(a) or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:False statements or information
(2) Any person who contravenes section 217 or 218 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Continuing offences
(3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Marginal note:Defence
(4) A person may not be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

Judicial Matters

Court Jurisdiction

Marginal note:Judicial review — concurrent jurisdiction

220. Despite the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the Attorney General of Nunavut or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Nunavut Court of Justice for any relief against the Commission or the Board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.

Marginal note:Court reference

221. The Board or the Commission may refer a question of law or jurisdiction arising in relation to its powers, duties and functions under this Act to the Nunavut Court of Justice.

Marginal note:Standing

222. The designated Inuit organization may apply to a court of competent jurisdiction for

(a) a determination of whether any applicable requirement of an applicable land use plan has been implemented under section 69 and, if not, for any order that the Court considers necessary in the circumstances;
(b) a determination of whether a project is, or has been, carried out in accordance with the requirements of paragraph 74(f) and, if not, for any order that the Court considers necessary in the circumstances;
(c) a determination of whether a project is, or has been, carried out in accordance with the terms and conditions set out in the original or amended project certificate and, if not, for any order that the Court considers necessary in the circumstances;
(d) a determination of whether any term or condition referred to in paragraph (c) has been implemented under section 136 or 137 and, if not, for any order that the Court considers necessary in the circumstances;
(e) a determination of whether a project is, is likely to be or has been carried out in accordance with the terms and conditions referred to in paragraph (c) that have been implemented under section 136 or 137 and, if not, for an order requiring any person or entity named in the application to
- (i) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the breach of any of those terms or conditions, or
- (ii) do an act that, in the opinion of the court, may prevent the breach of any of those terms or conditions;
(f) a determination of whether a project referred to paragraph 152(1)(a), (b) or (c) is, or has been, carried out in accordance with the terms and conditions imposed under subsection 152(6) and, if not, for any order that the Court considers necessary in the circumstances; or
(g) judicial review of any interim or final decision or order made under Part 3.

Marginal note:Decisions final

223. Unless an exemption has been granted under paragraph 82(2)(a), any decision made by the Commission regarding the conformity of a project with a land use plan is final and binding and, except for judicial review under the Federal Courts Act and under section 220, is not subject to appeal to or review by any court.

Immunity

Marginal note:Things done in good faith

224. No action lies against a member or employee of the Commission or the Board, a member of a federal environmental assessment panel or joint panel or a person designated under section 209 for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any power, duty or function under this Act.

Marginal note:Disclosure made in good faith

225. No action lies against the Crown, the Commission, the Board, members or employees of the Commission or the Board or members of a federal environmental assessment panel or joint panel for the disclosure in good faith of any document, any part of a document or information under this Act, including by making it available in the public registries, or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Time Limits

Marginal note:Authority, etc.

226. The failure of the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel or a responsible Minister to exercise a power or perform a duty or function within a period limited by this Act does not terminate their authority or invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of such a power, duty or function.

General Monitoring

Marginal note:Plan

227. (1) The Government of Canada and the Government of Nunavut must, in cooperation with the Commission, develop a plan for the general monitoring of the long-term state and health of the ecosystemic and socio-economic environment of the designated area and must direct and coordinate that general monitoring and the collection of information relating to it.
Marginal note:Commission
(2) The Commission must, in accordance with the plan developed under subsection (1), collate information provided by industry, departments or agencies and others and prepare periodic reports on the ecosystemic and socio-economic environment of the designated area. The Commission must use that information in the exercise of its powers and the performance of its duties and functions under this Act.

Regulations and Orders

Marginal note:Regulations

228. (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations
- (a) prescribing what constitutes a conflict of interest for the purposes of subsections 34(1) and (2) and 115(3); and
- (b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel.
Marginal note:Consent of Tunngavik
(2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing
- (a) for the purposes of the definition “project” in subsection 2(1), classes of excluded works or activities; and
- (b) for the purposes of subsection 78(2), paragraph 155(1)(a) and subsection 166(2), classes of physical works and activities that are not exempt from screening.

Marginal note:Schedule 2

229. The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency.

Marginal note:Schedule 3 — proposed agreement

230. (1) Before entering into an agreement under item 7 of Schedule 12-1 to the Agreement, the Board must notify the designated Inuit organization and either the federal Minister or the territorial Minister, as the case may be, in writing of the classes of physical works and activities that are the subject of the proposed agreement.
Marginal note:Comments
(2) The recipient of a notice referred to in subsection (1) may, within 120 days after receiving the notice, provide the Board with comments in writing on the proposed agreement.
Marginal note:Notice — agreement
(3) After taking into account any comments received under subsection (2), the Board must notify the designated Inuit organization and either the federal or the territorial Minister, as the case may be, in writing of the agreement, if any, that has been entered into.
Marginal note:Amendment to Schedule 3
(4) The federal Minister must, by order, amend Schedule 3 to add, delete or amend a description of any class of works or activities exempted from screening under an agreement referred to in subsection (3).

PART 6TRANSITIONAL PROVISIONS

Marginal note:Members and employees

231. Members and employees of the Commission and the Board who occupy a position immediately before the coming into force of this section continue in that position as if they had been appointed or employed under this Act.

Marginal note:Policies, priorities and objectives regarding planning

232. Sections 40 to 45 do not apply in respect of policies, priorities, and broad and specific objectives regarding land use planning established, and planning variables identified, under Article 11 of the Agreement and in force on the day on which this section comes into force, but those sections apply in respect of any amendment to such a policy, priority, objective or variable after the coming into force of this section.

Marginal note:Land use plans

233. (1) Any land use plan approved under section 11.5.9 of the Agreement and in force on the day on which this section comes into force remains in force subject to the following rules:
- (a) sections 47, 48 and 66 do not apply in respect of it and, for greater certainty, sections 49 to 58 do not apply in respect of it;
- (b) it is taken into account for the purposes of sections 46, 68 to 70 and 72, Part 3, paragraph 222(d) and section 223; and
- (c) sections 59 to 65 apply in respect of any amendment to it after the coming into force of this section.
Marginal note:Public Registry
(2) The Commission must include any land use plan referred to in subsection (1) in the public registry established under subsection 201(1).

Marginal note:Municipal plans

234. Sections 71 and 72 do not apply in respect of any municipal land use plan developed in accordance with Article 11 of the Agreement and in force on the day on which this section comes into force. Those sections apply in respect of any amendment to such a land use plan after the coming into force of this section.

Marginal note:Projects — assessment under Agreement

235. (1) This Act does not apply in respect of
- (a) a project that is being assessed under the Agreement or is being, or has been, lawfully carried out on the day on which this section comes into force;
- (b) a project that was approved under the Agreement before the day on which this section comes into force, was commenced and then stopped or shut down for a period of less than five years, calculated from that day;
- (c) the rebuilding of a work that has been closed for a period of less than five years calculated from the day on which this section comes into force, if it relates to a project that was approved under the Agreement before that day and lawfully carried out; and
- (d) a project that was approved under the Agreement before the day on which this section comes into force and commenced within five years of that day.
Marginal note:Exception — significant modification
(2) Despite subsection (1), if, after this section comes into force, there is a significant modification, within the meaning of section 145, to a project referred to in any of paragraphs (1)(a) to (d), this Act applies to that project.

Consequential Amendments

R.S., c. A-1Access to Information Act

3. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Nunavut Impact Review Board
Commission du Nunavut chargée de l’examen des répercussions
Nunavut Planning Commission
Commission d’aménagement du Nunavut

R.S., c. P-21Privacy Act

4. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Nunavut Impact Review Board
Commission du Nunavut chargée de l’examen des répercussions
Nunavut Planning Commission
Commission d’aménagement du Nunavut

2002, c. 10Nunavut Waters and Nunavut Surface Rights Tribunal Act

5. The definitions “Nunavut Impact Review Board” and “Nunavut Planning Commission” in section 4 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act are replaced by the following:

“Nunavut Impact Review Board” « Commission d’examen des projets de développement »: “Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act.
“Nunavut Planning Commission” « Commission d’aménagement »: “Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act.

6. Subsection 36(2) of the Act is replaced by the following:

Marginal note:Review by Nunavut Planning Commission
(2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act.

7. Subsection 37(1) of the Act is replaced by the following:

Marginal note:Screening and review of projects

37. (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel.

8. Sections 38 and 39 of the Act are replaced by the following:

Marginal note:Restriction on powers

38. (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if
- (a) the assessment of the project under Part 3 of that Act has not been completed;
- (b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act;
- (c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be;
- (d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or
- (e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility.
Marginal note:Exception
(2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act.
Marginal note:Non-renewal, etc.
(3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be.

9. Subsection 70(3) of the Act is replaced by the following:

Marginal note:Terms and Conditions
(3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.

Coming into Force

Marginal note:Order in council

10. This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 2NORTHWEST TERRITORIES SURFACE RIGHTS BOARD ACT

Enactment of Act

Marginal note:Enactment

11. The Northwest Territories Surface Rights Board Act is enacted as follows:

An Act to establish the Northwest Territories Surface Rights Board and to make related and consequential amendments to other Acts

Preamble

Whereas the Gwich’in, Sahtu, Inuvialuit and Tlicho Agreements allow for the establishment by legislation of a regime for the determination of terms and conditions of access to Gwich’in lands, Sahtu lands and Tlicho lands, and the waters overlying those lands, and Inuvialuit lands, as well as the compensation to be paid in respect of that access;

Whereas, in addition, it is appropriate to establish a regime for the determination of terms and conditions of access to other land in the Northwest Territories and the compensation to be paid in respect of that access;

And whereas it is appropriate to establish, in accordance with the Agreements, a surface rights board as an institution of public government, whose purpose is to resolve matters in dispute relating to terms and conditions of access to lands and waters, primarily for a commercial purpose, and the compensation to be paid in respect of that access;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Northwest Territories Surface Rights Board Act.

INTERPRETATION

Marginal note:Definitions

2. (1) The following definitions apply in this Act.
“access order”
« ordonnance d’accès »
“access order” means an order made under any of sections 49 to 54, 62, 69 and 77.
“Agreement”
« accord »
“Agreement” means the Gwich’in Agreement, the Inuvialuit Agreement, the Sahtu Agreement or the Tlicho Agreement, as the case may be.
“designated land”
« terres désignées »
“designated land” means Gwich’in lands, Inuvialuit lands or Sahtu lands, as the case may be.
“designated organization”
« organisation désignée »
“designated organization” means the Gwich’in Tribal Council, the Inuvialuit Regional Corporation or the designated Sahtu organization, as the case may be.
“entity”
« entité »
“entity” includes a corporation, a partnership, association or any other unincorporated organization, an Aboriginal group or government, the Government of Canada, the Government of the Northwest Territories, and a department or agency of one of those governments.
“gas”
« gaz »
“gas” means natural gas and includes all substances, other than oil, that are produced in association with natural gas.
“Gwich’in Agreement”
« accord gwichin »
“Gwich’in Agreement” means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.
“Inuvialuit Agreement”
« accord inuvialuit »
“Inuvialuit Agreement” means the Inuvialuit Final Agreement between the Committee for Original Peoples’ Entitlement representing the Inuvialuit of the Inuvialuit Settlement Region, within the meaning of that Agreement, and the Government of Canada, signed on June 5, 1984 and approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.
“Inuvialuit lands”
« terres inuvialuites »
“Inuvialuit lands” means land in the Northwest Territories that has been provided to the Inuvialuit under the Inuvialuit Agreement.
“minerals”
« minéraux »
“minerals” means
- (a) precious and base metals; and
- (b) any other non-living, naturally occurring substances, whether solid, liquid or gaseous, including coal, oil and gas but not water.
“Minister”
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
“non-designated land”
« terres non désignées »
“non-designated land” means land in the Northwest Territories that is not designated land or Tlicho lands that is either owned by an individual or entity or owned by Her Majesty in right of Canada and occupied by an individual or entity. For greater certainty, it includes
- (a) the lands described in 20.1.3(a) and (b) of the Gwich’in Agreement and in 21.1.3(a) and (b) of the Sahtu Agreement and Tlicho community lands; and
- (b) lands under the administration and control of the Commissioner of the Northwest Territories that are occupied by an individual or entity.
“occupant”
« occupant »
“occupant” means, in respect of land, an individual or entity, other than the owner, whose consent is required under another Act of Parliament for the exercise of a right of access to the land by an individual or entity having a right to explore for, develop or produce minerals.
“oil”
« pétrole »
“oil” means
- (a) crude oil, regardless of gravity, produced at a well head in liquid form; and
- (b) any other hydrocarbons, other than coal and gas, including hydrocarbons that may be extracted or recovered from deposits of oil sand, bituminous sand or oil shale or from any other type of deposits on the surface or subsurface.
“regulatory authority”
« autorité administrative »
“regulatory authority” means a minister, a department or agency, a municipality, the Tlicho government, a Tlicho community government or any public body responsible — under another Act of Parliament, a territorial law or a Tlicho law — for issuing a licence, permit or other authorization.
“Sahtu Agreement”
« accord du Sahtu »
“Sahtu Agreement” means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis as represented by the Sahtu Tribal Council, signed on September 6, 1993 and approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.
“settlement area”
« région désignée »
“settlement area” means, as the case may be,
- (a) the area described in appendix A to the Gwich’in Agreement;
- (b) the portion of the Inuvialuit Settlement Region, as defined in section 2 of the Inuvialuit Agreement, that is located in the Northwest Territories; or
- (c) the area described in appendix A to the Sahtu Agreement.
“territorial law”
« loi territoriale »
“territorial law” means an ordinance of the Northwest Territories and any regulations made under an ordinance.
“Tlicho Agreement”
« accord tlicho »
“Tlicho Agreement” means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions.
“wildlife”
« ressources fauniques »
“wildlife” means fauna living in a wild state, including fish, mammals and birds. It does not include reindeer.
Marginal note:Definitions — Agreements
(2) In this Act,
- (a) “Gwich’in lands” has the same meaning as in 20.1.1 of the Gwich’in Agreement and “Gwich’in participant” means a participant as defined in 2.1.1 of that Agreement;
- (b) “Inuvialuit” means the people referred to in the definition “Inuvialuit” in section 2 of the Inuvialuit Agreement;
- (c) “designated Sahtu organization” and “Sahtu lands” have the same meaning as in 2.1.1 and 21.1.1, respectively, of the Sahtu Agreement and “Sahtu participant” means a participant as defined in 2.1.1 of that Agreement; and
- (d) “Monfwi Gogha De Niitlee”, “Tlicho Citizen”, “Tlicho community”, “Tlicho community lands”,“Tlicho First Nation”, “Tlicho Government”, “Tlicho lands” and “Tlicho law” have the same meaning as in 1.1.1 of the Tlicho Agreement.

PRECEDENCE

Marginal note:Agreement prevails

3. In the event of any inconsistency or conflict between an Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

APPLICATION

Marginal note:Geographical application

4. This Act applies to the Northwest Territories.

Marginal note:Binding on Her Majesty

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

GENERAL PROVISIONS

Marginal note:Delegation

6. The Minister may delegate, in writing, any of the Minister’s powers or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section.

Marginal note:Review

7. (1) The Minister must review this Act with the representatives of any Aboriginal group that has entered into an agreement in relation to the Northwest Territories to determine whether this Act should be amended to implement any provision of the agreement if the agreement
- (a) is a comprehensive land claim agreement, a self-government agreement, an agreement regarding the management and regulation of land and resources or governance, a transboundary agreement or a type of agreement that is specified in the regulations; and
- (b) comes into force, in accordance with its provisions, either before or after the day on which this section comes into force.
Marginal note:Limitation
(2) For greater certainty, subsection (1) does not apply in respect of an agreement that is not final or an Agreement as defined in subsection 2(1).

Marginal note:Access subject to consent

8. (1) For greater certainty, unless otherwise provided in an Agreement or under this Act, an individual or entity is not permitted to enter, cross or remain on Gwich’in lands, Sahtu lands or Tlicho lands, or the waters overlying those lands, or Inuvialuit lands, without the consent of the applicable designated organization or the Tlicho Government, as the case may be.
Marginal note:Exceptions
(2) Subsection (1) does not apply to Gwich’in participants, Sahtu participants or Tlicho Citizens, in relation to Gwich’in lands, Sahtu lands or Tlicho lands, respectively, or to the waters overlying those lands, or to the Inuvialuit in relation to Inuvialuit lands.
Marginal note:Effect of order
(3) Neither the issuance of an order by the Northwest Territories Surface Rights Board nor any provision of such an order has the effect of exempting the individual or entity to whom the order is issued from any obligation, restriction or prohibition set out in an Agreement or imposed under an Act of Parliament or a territorial law.

ESTABLISHMENT AND ORGANIZATION OF THE NORTHWEST TERRITORIES SURFACE RIGHTS BOARD

Board Established

Marginal note:Establishment

9. (1) A board is established, to be known as the Northwest Territories Surface Rights Board, in this Act referred to as the “Board”.
Marginal note:Composition
(2) The Board is to consist of no fewer than five and no more than nine members, including the Chairperson.
Marginal note:Appointment by Minister
(3) The Chairperson and the other members of the Board are to be appointed by the Minister.
Marginal note:Odd number
(4) The Minister must make any appointments that are necessary to ensure that an odd number of members holds office at any time.

Marginal note:Purpose

10. (1) The purpose of the Board is to resolve matters in dispute relating to access to Gwich’in lands, Sahtu lands and Tlicho lands, and the waters overlying those lands, and Inuvialuit lands and non-designated land.
Marginal note:Jurisdiction generally
(2) To fulfil its purpose, the Board may, in accordance with this Act, make orders setting out the terms and conditions on which an individual or entity may access those lands and waters and the appropriate compensation to be paid in respect of the access.

Marginal note:Chairperson

11. (1) The Chairperson is the chief executive officer of the Board and exercises the powers and performs the functions set out in the Board’s bylaws.
Marginal note:Acting Chairperson
(2) The Board must designate a member who is to act as Chairperson in the event that the Chairperson is absent or becomes incapacitated or if their office becomes vacant.

Marginal note:Alternate members

12. (1) The Minister must appoint five alternate members.
Marginal note:Absence or incapacity
(2) If a member is absent or incapacitated or if their office is vacant, the alternate member who is subject to the same residency requirements as that member must perform the functions normally performed by that member, subject to the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson, and in doing so, is deemed to be a member.

Marginal note:Qualifications and residency requirements

13. (1) The Minister must appoint as members and alternate members individuals who, in the Minister’s opinion, have knowledge or experience that will assist the Board in fulfilling its purpose and who are residents of the Northwest Territories.
Marginal note:Aboriginal traditional knowledge
(2) For greater certainty, the knowledge and experience referred to in subsection (1) includes Aboriginal traditional knowledge and experience in relation to that knowledge.
Marginal note:Additional requirement — residency
(3) Among the individuals appointed as members and alternate members, at least one member and one alternate member must be residents of
- (a) the area described in appendix A to the Gwich’in Agreement;
- (b) Inuvik or the portion of the Inuvialuit Settlement Region, as defined in section 2 of the Inuvialuit Agreement, that is located in the Northwest Territories;
- (c) the area described in appendix A to the Sahtu Agreement; and
- (d) the Monfwi Gogha De Niitlee.
Marginal note:Additional requirement — knowledge
(4) Each individual appointed as a member or alternate member referred to in any of paragraphs (3)(a) to (d) must have, in the Minister’s opinion, considerable knowledge in respect of lands, the environment or Aboriginal traditional knowledge in relation to the applicable settlement area or the Monfwi Gogha De Niitlee, as the case may be.

Marginal note:Change of residence

14. (1) A member or alternate member who is of the opinion that they have ceased to meet the applicable residency requirements must advise the Minister and the Board without delay.
Marginal note:Notification
(2) If the Minister determines that a member or alternate member has ceased to meet the applicable residency requirements — regardless of whether the Minister has been so advised under subsection (1) — the Minister must send written notification to that member and their appointment is terminated as of the day on which the member receives the written notification or the day on which they are deemed to have received it, which is 30 days after it is sent, whichever is earlier.
Marginal note:Acting after ceasing to be resident
(3) If a member ceases to meet the applicable residency requirements before they have made a decision in a matter for which a hearing is held, the member may, with the consent of the parties to the hearing, continue to perform their functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).

Marginal note:Term of office

15. (1) Members and alternate members are appointed to hold office for a term of five years.
Marginal note:Acting after expiry of term
(2) If the term of a member expires before they have made a decision in a matter for which a hearing is held, the member may, in accordance with the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson, continue to perform their functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

Marginal note:Removal

16. Members and alternate members hold office during good behaviour and may be removed by the Minister for cause.

Marginal note:Reappointment

17. Members and alternate members are eligible to be reappointed to the Board for a second term in the same or in another capacity, but they are not, in the three years following the completion of their second consecutive term, eligible for appointment in any capacity.

Marginal note:Remuneration and expenses — members

18. (1) Members — including the Chairperson — are to receive the remuneration that is determined by the Minister for the performance of their functions and are to be paid the travel and living expenses incurred by them while they are absent from their ordinary place of residence in the course of performing their functions that are consistent with Treasury Board directives for public servants.
Marginal note:Alternate members
(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while they are absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

Marginal note:Staff

19. The Board may employ any employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Workers’ compensation

20. Members, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees of the Board are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Conflict of interest

21. (1) A member, employee of the Board, agent, adviser or expert must not perform their functions if doing so would place them in a conflict of interest.
Marginal note:Status or entitlement under Agreement
(2) An individual is not placed in a conflict of interest solely because of any status or entitlement conferred on them under an Agreement or because they have an interest in land in the Northwest Territories.

Marginal note:Acts done in good faith

22. No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.

Head Office and Meetings

Marginal note:Head office

23. The head office of the Board is to be at Yellowknife or at any other location in the Northwest Territories that the Governor in Council designates.

Marginal note:Meetings

24. (1) The meetings of the Board may be held at the times and in the locations in the Northwest Territories that the Board considers necessary or desirable for the proper conduct of its business.
Marginal note:Participation by telephone or other means of communication
(2) Subject to the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson, a member may participate in a meeting by any means of communication — including by telephone — that permits all participants to communicate with one another, and a member so participating is deemed for the purposes of this Act to be present at the meeting.

Bylaws

Marginal note:Powers of Board

25. The Board may make bylaws respecting the powers and functions of the Chairperson and the conduct and management of its internal administrative affairs, including bylaws respecting

(a) the circumstances in which an alternate member is to perform the functions of a member who is absent or incapacitated or whose office is vacant;
(b) in the case of a member whose term has expired, their ability to continue to perform their functions in relation to a matter for which a hearing is held;
(c) participation in meetings of the Board by means of telephone or other means of communication;
(d) the assignment of members to panels of the Board; and
(e) the designation of individuals who are authorized to certify copies of documents issued by the Board.

Status and General Powers

Marginal note:Status

26. The Board is an institution of public government but is not an agent of Her Majesty.

Marginal note:Property and contracts

27. (1) The Board may, for the purposes of conducting its business,
- (a) acquire property in its own name and dispose of the property; and
- (b) enter into contracts in its own name.
Marginal note:Legal proceedings
(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its name in any court that would have jurisdiction if the Board were a corporation.

Marginal note:Government services and facilities

28. In order to conduct its business effectively and efficiently, the Board may, with consent, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of the Northwest Territories located in the Northwest Territories and share services and facilities with those departments, boards and agencies.

Marginal note:Obtaining information

29. (1) Subject to any other Act of Parliament, territorial law or Tlicho law, the Board may obtain from any department, board or agency of the Government of Canada or the Government of the Northwest Territories or from the Tlicho Government any information in the possession of the department, board or agency or the Tlicho Government that the Board requires to exercise its powers or perform its functions.
Marginal note:Use of information
(2) Members, alternate members, employees of the Board, agents, advisers and experts are prohibited from using any information received under this Act for any purpose other than performing their functions under this Act.

Languages

Marginal note:Language of business

30. The Board must conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister.

Financial Provisions

Marginal note:Annual budget

31. (1) The Board must submit, annually, a budget for the following fiscal year to the Minister for review.
Marginal note:Approval or variation
(2) On completion of the review, the Minister may approve or vary the budget.
Marginal note:Accounts
(3) The Board must maintain books of account and related records in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.
Marginal note:Consolidated financial statements
(4) The Board must, within the time after the end of each fiscal year that the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with those accounting principles and must include in those statements any documents or information required in support of them.
Marginal note:Audit
(5) The auditor of the Board must audit the accounts, financial statements and financial transactions of the Board annually and must make a report of the audit to the Board and to the Minister.

Annual Report

Marginal note:Submission to Minister and content

32. The Board must, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year. The annual report must include information on

(a) the Board’s operations;
(b) the number of applications for orders made to the Board;
(c) the orders made by the Board; and
(d) any other matter that the Minister specifies.

APPLICATIONS AND HEARINGS

Jurisdiction of the Board

Marginal note:Negotiations

33. (1) Subject to subsection (2), the Board is not authorized to consider an application for an order unless, in accordance with rules made under paragraph 94(a), the applicant has attempted in good faith to resolve the matter in dispute by negotiation and is unable to bring about a resolution of the dispute within a reasonable period.
Marginal note:Tlicho lands
(2) In the case of an application in respect of Tlicho lands, the Board is not authorized to consider the application unless the applicant has attempted in good faith to resolve the matter in dispute by mediation in accordance with 6.4 of the Tlicho Agreement and is unable to bring about a resolution of the dispute.

Marginal note:Resolved matters

34. (1) The Board is not authorized to make an order in respect of a matter that was resolved by negotiation or mediation unless the parties consent or the Board determines, after reviewing evidence submitted by one of the parties, that there has been a material change in the facts or circumstances that formed the basis of the negotiated or mediated resolution.
Marginal note:For greater certainty
(2) For greater certainty, subsection (1) does not have the effect of preventing the Board from performing its functions under any of sections 55, 58, 70 and 73.

Marginal note:Matters not raised

35. The Board is not authorized to make an order in respect of a matter that is not raised by either of the parties.

Hearings

Marginal note:Rules of evidence

36. The Board must deal with an application for, or a review of, an order as informally and expeditiously as considerations of fairness and the circumstances permit. In particular, the Board

(a) is not bound by any legal or technical rules of evidence; and
(b) must take into account any material that it considers relevant, including Aboriginal traditional knowledge.

Marginal note:General powers of Board

37. The Board has — with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications for, or reviews of, orders — all the powers, rights and privileges of a superior court.

Marginal note:Reference

38. The Board may, at any stage of its proceedings, refer to the Supreme Court of the Northwest Territories any question or issue of law or jurisdiction, other than a question or issue that has been referred to an arbitration panel established under an Agreement.

Marginal note:Parties to hearing

39. The following are parties to a hearing before the Board:

(a) in the case of an application for an access order,
- (i) the individual or entity who requires access to or across designated land or Tlicho lands or access to non-designated land, and
- (ii) in relation to designated land, the applicable designated organization, in relation to Tlicho lands, the Tlicho Government or, in relation to non-designated land, the owner or occupant of the land to which the application relates;
(b) in the case of an application for an access order relating to an existing right,
- (i) the holder of the existing right, and
- (ii) the applicable designated organization or the Tlicho Government, as the case may be;
(c) in the case of an application for an order for compensation in relation to the provision of a public utility,
- (i) the entity authorized to provide a public utility, and
- (ii) the applicable designated organization or the Tlicho Government, as the case may be; and
(d) in the case of an application for an order for compensation for unforeseen damage,
- (i) the individual or entity to whom the access order was issued, and
- (ii) in relation to designated land or Tlicho lands, the applicable designated organization or the Tlicho Government, or, in relation to non-designated land, the owner or occupant to whom compensation is payable.

Marginal note:Absence of party

40. The Board is not authorized to hold a hearing in respect of an application for, or a review of, an order in the absence of a party unless that party consents to the holding of the hearing in their absence or was given notice of the hearing in accordance with rules made under paragraph 94(b).

Marginal note:Location of hearing

41. Unless the Board decides otherwise, an application must be heard or a review must be conducted,

(a) in relation to designated land, in a community that is located in the applicable settlement area;
(b) in relation to Tlicho lands, in a community that is located in the Monfwi Gogha De Niitlee; and
(c) in relation to non-designated land, in the community in the Northwest Territories that is closest to that land.

Panels

Marginal note:Composition

42. An application for an order that the Board, in accordance with section 33, is authorized to consider must be heard or a review must be conducted, by a panel of three members or, if the parties consent, by a panel of one member.

Marginal note:Assignment of members

43. Subject to section 44, members are to be assigned to panels in accordance with the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson.

Marginal note:Residency and knowledge requirements

44. (1) If an application for, or a review of, an order deals with Gwich’in lands, Sahtu lands or Tlicho lands or lands described in 20.1.3(a) or (b) of the Gwich’in Agreement or in 21.1.3(a) or (b) of the Sahtu Agreement, the following conditions must be met:
- (a) at least one member of the panel must have been appointed by the Minister for reasons that include their being a resident of the applicable settlement area or the Monfwi Gogha De Niitlee, as the case may be, and having the knowledge required under subsection 13(4) in relation to the area in which they are required to reside; and
- (b) the lands to which the application or review relates are located in the area in which the member referred to in paragraph (a) is required to reside.
Marginal note:Inuvialuit lands
(2) If an application for, or a review of, an order deals with Inuvialuit lands, the following conditions must be met:
- (a) at least one member of the panel must have been appointed by the Minister for reasons that include their meeting the residency requirement set out in paragraph 13(3)(b) and having the knowledge required under subsection 13(4) in relation to the settlement area; and
- (b) the lands to which the application or review relates are located in the settlement area.

Marginal note:Absence of panel members

45. (1) If one or two members of a three-member panel are absent, a hearing may, with the consent of the parties, continue with one member of the panel — selected, if one member is absent, in accordance with the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson — who, in the case of an application or a review in respect of lands referred to in section 44, meets the residency and knowledge conditions referred to in that section.
Marginal note:New hearing
(2) If a party does not consent, the application must be reheard, or the review conducted, by another panel.
Marginal note:Disposition
(3) A member of a panel who is not present during the entire hearing is not authorized to participate in the disposition of the application or review unless the parties consent.

Marginal note:Information made available

46. Before making an order or a decision in respect of the review of an order, a panel must make any information that it intends to use available to the parties and provide them with a reasonable opportunity to respond to the information.

Marginal note:Powers and functions

47. (1) A panel has all of the powers, and performs all of the functions, of the Board in relation to an application for, or a review of, an order.
Marginal note:Status of order
(2) An order of a panel is an order of the Board.

ORDERS IN RELATION TO DESIGNATED LAND AND TLICHO LANDS

Access Orders

Required Documents

Marginal note:Copy of agreement or offer

48. An application for an access order must be accompanied by

(a) a copy of any agreement concluded between the parties regarding terms and conditions of access; and
(b) a copy of any agreement concluded between the parties regarding compensation to be paid in respect of the access or, in the absence of such an agreement, a copy of the most recent written offer of compensation, if any, made to the applicable designated organization or the Tlicho Government, as the case may be.

Obligation of Board To Make Access Orders

Definition of “explore for”

49. (1) In this section, “explore for”, in respect of minerals, includes prospecting for minerals and locating claims only if those activities
- (a) are conducted on or under Gwich’in lands described in 18.1.2(a) of the Gwich’in Agreement and require a land use permit under another Act of Parliament; or
- (b) are conducted on or under Sahtu lands described in 19.1.2(a) of the Sahtu Agreement and require a land use permit or a water licence under another Act of Parliament.
Marginal note:Minerals — Gwich’in or Sahtu lands
(2) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may access Gwich’in lands or Sahtu lands, and the waters overlying those lands, to exercise, on or under those lands, a right to explore for, develop or produce minerals — granted under another Act of Parliament — or to transport minerals under such a right, if the individual or entity has been unable to obtain the consent of the Gwich’in Tribal Council or the designated Sahtu organization, as the case may be, as well as the compensation to be paid in respect of that access.

Marginal note:Access across — Gwich’in, Sahtu or Tlicho lands

50. (1) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may have access across Gwich’in lands, Sahtu lands or Tlicho lands, and the waters overlying those lands, to reach adjacent lands or waters for a commercial purpose, as well as the compensation to be paid in respect of that access, if
- (a) the Board is satisfied that the individual or entity reasonably requires such access; and
- (b) the access is subject to the consent of the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, as the case may be, and the individual or entity has been unable to obtain that consent.
Marginal note:Consent
(2) The access is subject to consent unless
- (a) the individual or entity has a right of access because
  - (i) the access is of a casual and insignificant nature and prior notice is given to the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, as the case may be,
  - (ii) in relation to Gwich’in lands and Sahtu lands, the route is recognized and is being used to reach adjacent lands or waters for a commercial purpose on a regular basis — whether year-round or intermittently — and was being so used before the date of land withdrawal following land selection or, if there was no land withdrawal, the date of transfer of the land, and the access does not significantly alter the use of that route, or
  - (iii) in relation to Tlicho lands, the route is being used to reach adjacent lands or waters for a commercial purpose on a regular basis, whether year-round or intermittently, and the access does not significantly alter the use of that route;
- (b) except if otherwise provided in an agreement with the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, the individual or entity exercises their right of access in such a manner that
  - (i) no significant damage is caused to Gwich’in lands, Sahtu lands or Tlicho lands, as the case may be,
  - (ii) no mischief is committed on the lands, and
  - (iii) there is no significant interference with the use and peaceful enjoyment of Gwich’in lands by Gwich’in participants, Sahtu lands by Sahtu participants or Tlicho lands by Tlicho Citizens or the Tlicho First Nation, as the case may be; and
- (c) the individual or entity exercises their right of access in accordance with any additional terms and conditions established, by agreement or in accordance with the applicable dispute resolution mechanism, under 20.1.7 of the Gwich’in Agreement, 21.1.7 of the Sahtu Agreement or 19.1.9 of the Tlicho Agreement.
Marginal note:Suitable route
(3) The access order must include terms and conditions to ensure that access across the lands and waters is by a suitable route that is the least harmful to Gwich’in participants, to Sahtu participants or to Tlicho Citizens and the Tlicho First Nation, as the case may be.

Marginal note:Access across — Inuvialuit lands

51. (1) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may have access across Inuvialuit lands to reach lands that are not Inuvialuit lands for a commercial purpose in order to exercise rights, as well as the compensation to be paid in respect of that access, if
- (a) the access will be significant, but temporary; and
- (b) the individual or entity has been unable to conclude a right of way agreement with the Inuvialuit Regional Corporation.
Marginal note:Suitable route
(2) The access order must include terms and conditions to ensure that the exercise of the right of access is by a route that is both the least harmful to the Inuvialuit and suitable to the individual or entity who will exercise the right.
Marginal note:Damage and loss of use
(3) The access order must include terms and conditions respecting damage to Inuvialuit lands — and mitigation of that damage and restoration of those lands — and any loss of use of those lands by the Inuvialuit.
Marginal note:Mandatory content of order
(4) The access order must provide that
- (a) the Inuvialuit and the entities referred to in the definition “Inuvialuit” in section 2 of the Inuvialuit Agreement are not responsible for any damage suffered by the individual or entity to whom the access order is issued by reason only that the damage was suffered in the exercise of the right of access;
- (b) the individual or entity to whom the access order is issued is responsible for any damage caused to Inuvialuit lands as a result of the exercise of the right of access; and
- (c) failure to comply with the terms and conditions in the access order could lead to the individual or entity to whom the access order is issued being removed from Inuvialuit lands.

Marginal note:Definitions

52. (1) The following definitions apply in this section.
“navigable waterways”
« voie navigable »
“navigable waterways” means any portion of a navigable river overlying Gwich’in lands, Sahtu lands or Tlicho lands and other navigable bodies of water overlying those lands that can be entered from a navigable river.
“portages”
« portage »
“portages” means routes on Gwich’in lands, Sahtu lands or Tlicho lands for carrying boats and goods between navigable waterways.
“waterfront lands”
« terre riveraine »
“waterfront lands” means the 30.48 metre wide area of Gwich’in lands or Sahtu lands, or the 31 metre wide area of Tlicho lands, measured inland from the limit or edge of the bed, as defined in 2.1.1 of the Gwich’in Agreement, 2.1.1 of the Sahtu Agreement or 1.1.1 of the Tlicho Agreement, of a navigable waterway.
Marginal note:Travel by water — Gwich’in, Sahtu or Tlicho lands
(2) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may access navigable waterways, waterfront lands and portages for travel by water in the course of conducting a commercial activity — as well as the compensation to be paid in respect of that access — if the access is subject to the consent of the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, as the case may be, and the individual or entity has been unable to obtain that consent.
Marginal note:Consent
(3) The access is subject to consent unless
- (a) the individual or entity has a right of access because
  - (i) the most direct route is used,
  - (ii) the use of waterfront lands and portages is minimized, and
  - (iii) in the case of access to waterfront lands and portages, prior notice is given to the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, as the case may be;
- (b) except if otherwise provided in an agreement with the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, the individual or entity exercises their right of access in such a manner that
  - (i) no significant damage is caused to Gwich’in lands, Sahtu lands or Tlicho lands, as the case may be,
  - (ii) no mischief is committed on the lands, and
  - (iii) there is no significant interference with the use and peaceful enjoyment of Gwich’in lands by Gwich’in participants, Sahtu lands by Sahtu participants or Tlicho lands by Tlicho Citizens or the Tlicho First Nation, as the case may be;
- (c) in the case of access to waterfront lands and portages, the individual or entity exercises their right of access
  - (i) without establishing any permanent or seasonal camps or structures on the waterfront lands or portages,
  - (ii) in a manner that does not cause any significant alteration to the waterfront lands or portages, and
  - (iii) without conducting any commercial activity on the waterfront lands or portages, other than commercial activity that is necessarily incidental to travel; and
- (d) the individual or entity exercises their right of access in accordance with any additional terms and conditions established, by agreement or in accordance with the applicable dispute resolution mechanism, under 20.1.7 of the Gwich’in Agreement, 21.1.7 of the Sahtu Agreement or 19.1.9 of the Tlicho Agreement.

Definition of “existing right”

53. (1) In this section, “existing right” means
- (a) a right — held as of either the date of land withdrawal following land selection or, if there was no land withdrawal, the date of transfer of the land — to use or operate on lands which became Gwich’in lands or Sahtu lands, and on the waters overlying those lands, including a land use permit, licence or other right of access to or across those lands and waters; and
- (b) any associated benefits and privileges, including any renewals, replacements and transfers that may have been granted or permitted had the lands not become Gwich’in lands or Sahtu lands and the ability of employees and clients of the holder of a right referred to in paragraph (a) to exercise any rights that are necessary to permit the existing right-holder to continue to use or operate on Gwich’in lands or Sahtu lands, and the waters overlying those lands.
Marginal note:Existing right — Gwich’in or Sahtu lands
(2) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may access Gwich’in lands or Sahtu lands, and the waters overlying those lands, to exercise an existing right that has been amended under another Act of Parliament or a territorial law — as well as the compensation to be paid in respect of that access — if the individual or entity has been unable to obtain the consent of the Gwich’in Tribal Council or the designated Sahtu organization, as the case may be.
Marginal note:Exception
(3) For the purpose of subsection (2), an amendment to an existing right does not include a renewal, replacement, extension of term or transfer of the existing right.

Definition of “existing right”

54. (1) In this section, “existing right” means a right of access to Tlicho lands, and the waters overlying those lands, exercised by the holder of
- (a) an interest in an excluded parcel listed in part 1 of the appendix to chapter 18 of the Tlicho Agreement or an interest listed in part 2 of that appendix, including a renewal or replacement; or
- (b) a land use permit granted by the Mackenzie Valley Land and Water Board before the day on which the Tlicho Land Claims and Self-Government Act came into force.
Marginal note:Existing right — Tlicho lands
(2) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may access Tlicho lands, and the waters overlying those lands, for the purpose of exercising an existing right that involves a location or an activity not authorized as of the day on which the Tlicho Land Claims and Self-Government Act came into force — as well as the compensation to be paid in respect of that access — if the individual or entity has been unable to obtain the consent of the Tlicho Government.

Terms and Conditions

Marginal note:Terms and conditions agreed to by parties

55. If the parties to a hearing have concluded an agreement regarding terms and conditions of access, the Board must include those terms and conditions in the access order.

Marginal note:Terms and conditions determined by Board

56. (1) In addition to the terms and conditions of access in an agreement concluded by the parties, if any, and the terms and conditions of access required by this Act, the Board may include in an access order
- (a) terms and conditions respecting any of the following matters:
  - (i) the times when the right of access may be exercised,
  - (ii) the giving of notice,
  - (iii) the location in which the right of access may be exercised and the routes of access,
  - (iv) the number of individuals who may exercise the right of access,
  - (v) the activities that may be carried on and the equipment that may be used,
  - (vi) abandonment and restoration work, and
  - (vii) the right of a designated organization, the Tlicho Government or an individual or entity occupying the land to verify, by inspection or otherwise, whether the other terms and conditions of the access order and any applicable conditions established by an Agreement have been complied with; and
- (b) any other terms and conditions that the Board considers appropriate to minimize any damage to the land or interference with the use and peaceful enjoyment of the land by Gwich’in participants, the Inuvialuit, Sahtu participants, Tlicho Citizens or the Tlicho First Nation, as the case may be.
Marginal note:Limitation — security
(2) The Board is not authorized to include as a term or condition in an access order the posting of security.

Marginal note:Inconsistent terms and conditions

57. In the event of any inconsistency, the following terms and conditions prevail over any terms and conditions included in an access order, to the extent of the inconsistency:

(a) terms and conditions that are set out in a licence, permit or other authorization issued by a regulatory authority in relation to the land or waters in respect of which the access order is made; and
(b) in relation to Gwich’in lands or Sahtu lands, and the waters overlying those lands, conditions in respect of a proposal for a development that are approved under Part 5 of the Mackenzie Valley Resource Management Act.

Compensation

Marginal note:Compensation agreed to by parties

58. (1) If the parties to a hearing have concluded an agreement regarding the compensation to be paid in respect of access, the Board must set out the amount of that compensation in the access order.
Marginal note:Manner of payment
(2) If provided for in the agreement, the Board must also set out the manner of payment of the compensation in the access order.

Marginal note:Compensation determined by Board

59. (1) If the parties to a hearing have not concluded an agreement regarding the compensation to be paid in respect of access, the Board must determine the amount of the compensation and, in so doing, must consider all relevant factors, including
- (a) the market value of the land in question on the day on which the application for an order is received by the Board;
- (b) any loss of use of the land to Gwich’in participants, the Inuvialuit, Sahtu participants or Tlicho Citizens, as the case may be;
- (c) any effect on wildlife harvesting;
- (d) any damage that may be caused to the land;
- (e) any nuisance or inconvenience, including noise;
- (f) the cultural attachment to the land of Gwich’in participants, the Inuvialuit, Sahtu participants or the Tlicho First Nation, as the case may be;
- (g) the peculiar or special value of the land to Gwich’in participants, the Inuvialuit, Sahtu participants or the Tlicho First Nation, as the case may be;
- (h) any adverse effect on other Gwich’in lands, Inuvialuit lands, Sahtu lands or Tlicho lands; and
- (i) any reasonable expenses that may be incurred by a designated organization, the Tlicho Government or an individual or entity occupying the land on account of the costs of an inspection referred to in subparagraph 56(1)(a)(vii).
Marginal note:Limitation
(2) In determining the amount of compensation, the Board is not authorized to consider the reversionary value of the land or any access fee payable.
Definition of “harvesting”
(3) In paragraph (1)(c), “harvesting” means gathering, hunting, trapping or fishing.

Marginal note:Manner of payment

60. If the parties to a hearing have not concluded an agreement regarding the manner of payment of the compensation to be paid in respect of access, the Board may require compensation to be paid by one lump sum payment or by annual or other periodic payments of equal or different amounts and may require the payment of interest, at a rate determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

Payment Before Exercise of Right of Access

Marginal note:Access fee and amount for exercise of right of access

61. An individual or entity to whom an access order is issued is not permitted to exercise the right of access provided for in the order until after payment to the applicable designated organization or the Tlicho Government, as the case may be, of any access fee fixed by the regulations and

(a) if the parties have concluded an agreement regarding the compensation to be paid in respect of access, the amount that, under the agreement, must be paid before the right of access may be exercised or, if no such amount is specified, 80% of the total amount of compensation that the parties have agreed to;
(b) if the parties have not concluded an agreement regarding compensation, 80% of the total amount of compensation referred to in the most recent written offer of compensation made to the designated organization or the Tlicho Government, as the case may be; or
(c) if the parties have not concluded an agreement regarding compensation and there is no written offer of compensation, the amount that is determined by the Board and set out in the order.

Interim Access Orders

Marginal note:If compensation not determined

62. (1) Pending the determination of the amount of compensation to be paid in respect of access, the Board may make an interim access order that sets out the terms and conditions of access.
Marginal note:Hearing and access order
(2) Within 30 days after making an interim access order, the Board must hold a hearing to determine the amount of compensation to be paid in respect of access and revoke the interim access order and replace it with an access order that sets out the amount of compensation and the terms and conditions of access.
Marginal note:Continued authority
(3) Any failure of the Board to make an access order within the period set out in subsection (2) does not terminate the Board’s authority or invalidate the interim access order or an access order made after the expiry of that period.

Other Orders

Marginal note:Required documents

63. An application for an order under section 64 or 65 must be accompanied by a copy of the most recent written offer of compensation, if any, made to the applicable designated organization or the Tlicho Government, as the case may be.

Definition of “public utility”

64. (1) In this section, “public utility” means the provision of electrical power, telecommunications services or similar utilities to the public by an entity authorized under another Act of Parliament or a territorial law. For greater certainty, “public utility” does not include the transmission of hydrocarbons by pipelines.
Marginal note:Public utilities
(2) The Board must, on application, make an order setting out the amount of compensation that an entity authorized to provide a public utility is required to pay to Gwich’in participants, Sahtu participants, the Tlicho Government or Tlicho Citizens, as the case may be, for damage to Gwich’in lands, Sahtu lands or Tlicho lands, or for interference with the use and peaceful enjoyment of Gwich’in lands by Gwich’in participants, Sahtu lands by Sahtu participants or Tlicho lands by Tlicho Citizens or the Tlicho First Nation, as the case may be, if
- (a) the damage or interference results from the entity’s exercise of their right of access to Gwich’in lands, Sahtu lands or Tlicho lands to carry out assessments, surveys or studies in relation to a proposed public utility; and
- (b) the entity and the Gwich’in Tribal Council, the designated Sahtu organization or the Tlicho Government, as the case may be, have been unable to agree on the amount of compensation.

Marginal note:Unforeseen damage

65. If compensation is payable to a designated organization or the Tlicho Government under an access order of the Board, including one that is no longer in effect, the Board must, on application by the designated organization or the Tlicho Government, make an order setting out the amount of additional compensation to be paid to the designated organization or the Tlicho Government, as the case may be, for any damage that was caused to designated land or Tlicho lands — as a result of the exercise of a right of access referred to in the access order — and that was unforeseen at the time that order was made.

Marginal note:Factors to be considered

66. (1) In determining the amount of compensation to be paid for the purpose of an order made under section 64 or 65, the Board must consider all relevant factors, including those listed in paragraphs 59(1)(a) to (i).
Marginal note:Limitation
(2) In determining the amount of compensation, the Board is not authorized to consider the reversionary value of the land or any access fee payable.

Marginal note:Manner of payment

67. The Board may require compensation to be paid by one lump sum payment or by annual or other periodic payments of equal or different amounts and may require the payment of interest, at a rate determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

ORDERS IN RELATION TO NON-DESIGNATED LAND

Access Orders

Required Documents

Marginal note:Copy of agreement or offer

68. An application for an access order must be accompanied by

(a) a copy of any agreement concluded between the parties regarding terms and conditions of access; and
(b) a copy of any agreement concluded between the parties regarding compensation to be paid in respect of the access or, in the absence of such an agreement, a copy of the most recent written offer of compensation, if any, made to the owner or occupant of the land to which the application relates.

Obligation of Board To Make Access Orders

Marginal note:Minerals

69. (1) The Board must, on application, make an order setting out the terms and conditions on which an individual or entity may access non-designated land to exercise, on or under that land, a right to explore for, develop or produce minerals — granted under another Act of Parliament — or to transport minerals under such a right, if the individual or entity has been unable to obtain the consent of the owner or occupant, as the case may be, as well as the compensation to be paid in respect of that access.
Marginal note:Oil and gas leases
(2) Subsection (1) does not apply to an application for an order relating to any of the oil and gas leases numbered 703, 704, 705, 707-R, 708-R, 709-R, 710-R and 838, issued under the Canada Oil and Gas Land Regulations.

Terms and Conditions

Marginal note:Terms and conditions agreed to by parties

70. If the parties to a hearing have concluded an agreement regarding terms and conditions of access, the Board must include those terms and conditions in the access order.

Marginal note:Terms and conditions determined by Board

71. (1) In addition to the terms and conditions of access in an agreement concluded by the parties, if any, and the terms and conditions of access required by this Act, the Board may include in an access order
- (a) terms and conditions respecting any of the following matters:
  - (i) the times when the right of access may be exercised,
  - (ii) the giving of notice,
  - (iii) the location in which the right of access may be exercised and the routes of access,
  - (iv) the number of individuals who may exercise the right of access,
  - (v) the activities that may be carried on and the equipment that may be used,
  - (vi) abandonment and restoration work, and
  - (vii) the right of the owner or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions of the access order have been complied with; and
- (b) any other terms and conditions that the Board considers appropriate to minimize any damage to the land or interference with the use and peaceful enjoyment of the land by the owner or occupant of the land.
Marginal note:Limitation — security
(2) The Board is not authorized to include as a term or condition in an access order the posting of security.

Marginal note:Inconsistent terms and conditions

72. In the event of any inconsistency, terms and conditions in a licence, permit or other authorization issued by a regulatory authority in relation to the land in respect of which an access order is made prevail over any terms and conditions included in the access order, to the extent of the inconsistency.

Compensation

Marginal note:Compensation agreed to by parties

73. (1) If the parties to a hearing have concluded an agreement regarding the compensation to be paid in respect of access, the Board must set out the amount of that compensation in the access order.
Marginal note:Manner of payment
(2) If provided for in the agreement, the Board must also set out the manner of payment of the compensation in the access order.

Marginal note:Compensation determined by Board

74. (1) If the parties to a hearing have not concluded an agreement regarding the compensation to be paid in respect of access, the Board must determine the amount of the compensation and, in so doing, must consider all relevant factors, including
- (a) the market value of the land in question on the day on which the application for an order is received by the Board;
- (b) any loss of use of the land to its owner or occupant;
- (c) any damage that may be caused to the land;
- (d) any nuisance or inconvenience, including noise;
- (e) any adverse effect on other lands belonging to the owner of the land or occupied by the occupant of the land; and
- (f) any reasonable expenses that may be incurred by the owner or occupant of the land on account of the costs of an inspection referred to in subparagraph 71(1)(a)(vii).
Marginal note:Additional factors
(2) In the case of lands described in 20.1.3(a) or (b) of the Gwich’in Agreement or in 21.1.3(a) or (b) of the Sahtu Agreement, the Board must also consider
- (a) any effect on wildlife harvesting;
- (b) the cultural attachment to the land of Gwich’in participants or Sahtu participants, as the case may be; and
- (c) the peculiar or special value of the land to Gwich’in participants or Sahtu participants, as the case may be.
Marginal note:Limitation
(3) In determining the amount of compensation, the Board is not authorized to consider the reversionary value of the land.
Definition of “harvesting”
(4) In paragraph (2)(a), “harvesting” means gathering, hunting, trapping or fishing.

Marginal note:Manner of payment

75. If the parties to a hearing have not concluded an agreement regarding the manner of payment of the compensation to be paid in respect of access, the Board may require compensation to be paid by one lump sum payment or by annual or other periodic payments of equal or different amounts and may require the payment of interest, at a rate determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

Payment Before Exercise of Right of Access

Marginal note:Amount for exercise of right of access

76. (1) An individual or entity to whom an access order is issued is not permitted to exercise the right of access provided for in the order until after payment to the owner or occupant, as the case may be, of
- (a) if the parties have concluded an agreement regarding the compensation to be paid in respect of access, the amount that, under the agreement, must be paid before the right of access may be exercised or, if no such amount is specified, 80% of the total amount of compensation that the parties have agreed to;
- (b) if the parties have not concluded an agreement regarding compensation, 80% of the total amount of compensation referred to in the most recent written offer of compensation made to the owner or occupant of the land to which the order applies, as the case may be; or
- (c) if the parties have not concluded an agreement regarding compensation and there is no written offer of compensation, the amount that is determined by the Board and set out in the order.
Marginal note:Access fee
(2) In addition, in the case of lands described in 20.1.3(a) or (b) of the Gwich’in Agreement or in 21.1.3(a) or (b) of the Sahtu Agreement, the individual or entity to whom the access order is issued is not permitted to exercise the right of access provided for in the order until after payment to the applicable designated organization of any access fee fixed by the regulations.

Interim Access Orders

Marginal note:If compensation not determined

77. (1) Pending the determination of the amount of compensation to be paid in respect of access, the Board may make an interim access order that sets out the terms and conditions of access.
Marginal note:Hearing and access order
(2) Within 30 days after making an interim access order, the Board must hold a hearing to determine the amount of compensation to be paid in respect of access and revoke the interim access order and replace it with an access order that sets out the amount of compensation and the terms and conditions of access.
Marginal note:Continued authority
(3) Any failure of the Board to make an access order within the period set out in subsection (2) does not terminate the Board’s authority or invalidate the interim access order or an access order made after the expiry of that period.

Other Orders

Marginal note:Required documents

78. An application for an order under section 79 must be accompanied by a copy of the most recent written offer of compensation, if any, made to the owner or occupant, as the case may be.

Marginal note:Unforeseen damage

79. If compensation is payable to an owner or occupant under an access order of the Board, including one that is no longer in effect, the Board must, on application by the owner or occupant, make an order setting out the amount of additional compensation to be paid to the owner or occupant, as the case may be, for any damage that was caused to the non-designated land — as a result of the exercise of a right of access referred to in the access order — and that was unforeseen at the time that order was made.

Marginal note:Factors to be considered

80. (1) In determining the amount of compensation to be paid for the purpose of an order made under section 79, the Board must consider all relevant factors, including those listed in paragraphs 74(1)(a) to (e).
Marginal note:Additional factors
(2) In the case of lands described in 20.1.3(a) or (b) of the Gwich’in Agreement or in 21.1.3(a) or (b) of the Sahtu Agreement, the Board must also consider the factors listed in paragraphs 74(2)(a) to (c).
Marginal note:Limitation
(3) In determining the amount of compensation, the Board is not authorized to consider the reversionary value of the land or any access fee payable.

Marginal note:Manner of payment

81. The Board may require compensation to be paid by one lump sum payment or by annual or other periodic payments of equal or different amounts and may require the payment of interest, at a rate determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

GENERAL

Orders and Decisions of the Board

Marginal note:Costs

82. The Board may, by order, award costs on or before the final disposition of a matter, in accordance with the rules made under section 95 or, in the absence of any such rules, in its discretion.

Marginal note:Reasons

83. The Board must give written reasons for

(a) any decision to refuse to consider an application for an order;
(b) any order that it makes, including an interim access order and an amended order;
(c) any decision not to make or amend an order; and
(d) any decision to terminate, or not to terminate, an order.

Marginal note:Final and binding

84. Subject to sections 89 to 92, an order of the Board and any decision made by the Board in respect of an application for, or a review of, an order is final and binding and is not subject to appeal to, or review by, any court.

Marginal note:Copies

85. The Board must, as soon as feasible, provide copies of any order or decision referred to in section 83 to the parties and any applicable regulatory authority.

Marginal note:Proof of orders

86. A document that appears to be an order of the Board, or a document that appears to be certified by the Chairperson or any other individual authorized by the Board’s bylaws as a true copy of an order, is evidence of the making of the order and of its contents, without proof of the signature or official character of the individual appearing to have signed the order or certified the copy.

Marginal note:Successors

87. An order of the Board is binding on, and the rights and obligations under it extend to, any individual or entity that subsequently acquires the ownership of, or other interest or right in, the land to which the order applies and, in the case of an access order, any individual or entity that subsequently acquires the right of access and the right for which that right was acquired.

Marginal note:Enforcement of orders

88. An order of the Board may be made an order of the Supreme Court of the Northwest Territories by the filing of a certified copy of it in the office of the clerk of the court and the order, when so made, is enforceable in the same manner as an order of that court.

Review of Access Orders

Marginal note:Review on application

89. (1) The Board must, on application by a party to a hearing or any of the party’s successors, review in its entirety an access order it made in respect of that hearing if it appears, in the Board’s opinion, that there has been a material change in the facts or circumstances relating to the order.
Marginal note:Amendment of access order
(2) On completion of its review of an access order, the Board must make any amendments to the order that it considers appropriate if it determines that there has been a material change in the facts or circumstances relating to the order that would justify amending it.
Marginal note:Restriction
(3) The Board may only amend an access order in a way that is not likely to cause significant damage to designated land, Tlicho lands or non-designated land or to significantly interfere with the use and peaceful enjoyment of those lands by Gwich’in participants, the Inuvialuit, Sahtu participants, Tlicho Citizens or the Tlicho First Nation or the owner or occupant of non-designated land, as the case may be.

Marginal note:Five-year review

90. (1) The Board must review in its entirety any access order it has made on the expiry of each five-year period after the day on which the Board made the order or the day on which it made a decision on completion of its most recent review, as the case may be, unless the parties waive the requirement for a review or are deemed, under subsection (3), to have waived that requirement.
Marginal note:Notice
(2) The Board must, at least 90 days before the expiry of each five-year period, notify, in writing, the parties and any of their successors who have notified the Board of the succession that the Board intends to review the order and the parties may, at least 30 days before the expiry of that five-year period, make written representations to the Board.
Marginal note:Deemed waiver
(3) A party who does not make written representations to the Board within the required period is deemed to have waived the requirement for a review.
Marginal note:Amendment of access order
(4) On completion of its review of an access order, the Board must make any amendments to the order that it considers appropriate if it determines that there has been a material change in the facts or circumstances relating to the order that would justify amending it.
Marginal note:Restriction
(5) The Board may only amend an access order in a way that is not likely to cause significant damage to designated land, Tlicho lands or non-designated land or to significantly interfere with the use and peaceful enjoyment of those lands by Gwich’in participants, the Inuvialuit, Sahtu participants, Tlicho Citizens or the Tlicho First Nation or the owner or occupant of non-designated land, as the case may be.

Termination of Access Orders

Marginal note:Application by party

91. (1) The Board must, on application by a party to a hearing or any of the party’s successors, terminate an access order it made in respect of that hearing if the Board determines that
- (a) the holder of the right of access is no longer exercising that right for the purpose for which the order was made; or
- (b) the conditions that would have permitted the holder of the right of access to exercise that right without consent are now met.
Marginal note:Hearing
(2) The Board may only terminate an access order after it has held a hearing during which the parties may make representations with respect to the termination.

Marginal note:Application by parties

92. The Board must, on application by the parties to a hearing or their successors, terminate an access order if the parties have concluded an agreement governing the terms and conditions of access to the lands in question and waters overlying those lands, as well as the compensation to be paid in respect of that access and wish that access be governed by the agreement rather than the order.

Jurisdiction of the Supreme Court of the Northwest Territories

Marginal note:Exclusive jurisdiction

93. Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for relief against the Board — by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition — by the Attorney General of Canada, the Attorney General of the Northwest Territories or any individual or entity directly affected by the matter in respect of which relief is sought.

Rules of the Board

Marginal note:Mandatory rules

94. The Board must make rules — consistent with the Agreements — respecting

(a) the conduct of negotiations for the purposes of subsection 33(1);
(b) practice and procedure in relation to applications for orders and reviews and to hearings in respect of applications and reviews, including the service of documents and the imposition of reasonable time limits;
(c) the determination of whether any information relating to an application for, or a review of, an order is confidential, personal, business proprietary or privileged, or whether any Aboriginal traditional knowledge is to be treated as confidential; and
(d) the measures to be taken to prevent disclosure of the information or knowledge referred to in paragraph (c), including holding hearings in private.

Marginal note:Other rules

95. The Board may make rules respecting any other matter, including the allowance of costs, such as rules

(a) establishing a schedule of fees and other expenses incurred by a party that may be allowed as part of that party’s costs; and
(b) respecting the circumstances under which the Board may allow costs on a basis other than that established by the schedule.

Marginal note:Statutory Instruments Act

96. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Board.

Marginal note:Notice of proposed rule

97. (1) The Board must give notice of any proposed rule by
- (a) publishing the proposed rule on its Internet site and in a newspaper that, in the Board’s opinion, has a large circulation in the Northwest Territories;
- (b) providing the proposed rule to the Minister, the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this paragraph, designated organizations and the Tlicho government; and
- (c) providing the proposed rule to the individuals and entities that have given written notice to the Board of their interest in receiving a copy of any proposed rule.
Marginal note:Representations invited
(2) The notice must include an invitation to any interested individual or entity to make representations in writing to the Board about the proposed rule within 60 days after the notice is published or communicated, as the case may be.
Marginal note:Representations to be considered
(3) The Board must consider any written representation that it receives within the required period and make any amendment to the proposed rule that it considers appropriate.
Marginal note:Exception
(4) Once notice is given under subsection (1), no further notice is required in respect of any amendment to the proposed rule that results from any representations made.
Marginal note:Publication of rule
(5) As soon as feasible after the rule is made, the Board must
- (a) publish it on its Internet site and in a newspaper that, in the Board’s opinion, has a large circulation in the Northwest Territories; and
- (b) publish a notice in the Canada Gazette that the rule has been made, indicating the newspaper in which it has been published.

Public Registry

Marginal note:Contents

98. (1) The Board must maintain a public registry on its Internet site. The Board must include the following in that registry:
- (a) a list of its members and alternate members;
- (b) all bylaws made under section 25;
- (c) the annual report referred to in section 32;
- (d) all applications for orders or reviews made to the Board — including all documents submitted in support of an application — and all orders and decisions referred to in section 83; and
- (e) all rules made under sections 94 and 95.
Marginal note:Public inspection
(2) The documents referred to in subsection (1) must also be available for public inspection at the Board’s head office, in accordance with any conditions that may be prescribed by regulation.
Marginal note:Limitation on disclosure
(3) For greater certainty, the information or knowledge referred to in paragraph 94(c) that is determined to be confidential, personal, business proprietary or privileged or that is to be treated as confidential, as the case may be, must not be included in the public registry.

Regulations

Marginal note:Regulations

99. The Governor in Council may make regulations

(a) specifying types of agreements for the purpose of section 7;
(b) defining “resident” for the purposes of subsection 12(2) or 13(1) or (3), section 14 or 44 or subsection 45(1), as the case may be;
(c) specifying what constitutes a conflict of interest for the purpose of section 21;
(d) fixing, for the purposes of sections 60, 67, 75 and 81, a rate of interest, or the manner of determining the rate of interest, that may be payable on compensation payments made after the day on which they are required to be made;
(e) fixing the amount, or the manner of determining the amount, of an access fee for the purposes of section 61 and subsection 76(2);
(f) establishing conditions under which documents may be inspected by the public under subsection 98(2); and
(g) generally, for carrying out the purposes and provisions of this Act.

TRANSITIONAL PROVISIONS

Marginal note:Request for arbitration already made

100. This Act does not apply to any matter that is, before the day on which section 8 comes into force, the subject of a submission to arbitration, as referred to in 6.3.2 of the Gwich’in Agreement and 6.3.2 of the Sahtu Agreement, or a request for arbitration, as referred to in 6.5.1 of the Tlicho Agreement.

Marginal note:Inuvialuit Agreement

101. This Act does not apply to any matter that is, before the day on which section 8 comes into force, the subject of a notice of arbitration, as referred to in subsection 18(16) of the Inuvialuit Agreement, and, for greater certainty, section 18 of the Inuvialuit Agreement continues to apply to such a matter.

1994, c. 43Related Amendments to the Yukon Surface Rights Board Act

12. Section 10 of the Yukon Surface Rights Board Act is amended by adding the following after subsection (2):

Marginal note:Acting after termination of appointment
(2.1) If the appointment of a member is terminated under subsection (2) before they have made a decision in a matter for which a hearing is held, they may, with the consent of the parties to the hearing, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).

13. Section 11 of the Act is amended by adding the following after subsection (2):

Marginal note:Acting after expiry of term
(2.1) If the term of a member expires before they have made a decision in a matter for which a hearing is held, they may, in accordance with the Board’s by-laws or, in the absence of an applicable provision in the by-laws, the direction of the Chairperson, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

14. The Act is amended by adding the following after section 15:

Marginal note:Acts done in good faith

15.1 No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.

15. Section 18 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

(b.1) in the case of a member whose term has expired, respecting the member’s ability to continue to perform their functions in relation to a matter for which a hearing is held; and

16. Section 23 of the Act is amended by adding the following after subsection (4):

Marginal note:Audit
(5) The auditor of the Board shall audit the accounts, financial statements and financial transactions of the Board annually and shall make a report of the audit to the Board and to the Minister.

Consequential Amendments

R.S., c. A-1Access to Information Act

17. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Northwest Territories Surface Rights Board
Office des droits de surface des Territoires du Nord-Ouest

R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

18. (1) Subsection 5.01(2) of the Canada Oil and Gas Operations Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
- (a.1) in the case of land in the Northwest Territories, an order made by the Northwest Territories Surface Rights Board under the Northwest Territories Surface Rights Board Act; and
Marginal note:2002, c. 10, s. 190
(2) Subsection 5.01(3) of the Act is replaced by the following:
- Marginal note:Exception
  (3) Subsections (1) and (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act, designated land as defined in subsection 2(1) of the Northwest Territories Surface Rights Board Act or Tlicho lands, which has the same meaning as in 1.1.1 of the Tlicho Agreement as defined in subsection 2(1) of that Act.

R.S., c. P-21Privacy Act

19. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Northwest Territories Surface Rights Board
Office des droits de surface des Territoires du Nord-Ouest

Coming into Force

Marginal note:Coming into force

20. Sections 8 and 33 to 93 of the Northwest Territories Surface Rights Board Act and section 18 of this Act come into force 24 months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.

SCHEDULE(Section 2)

SCHEDULE 1(Section 30)

I, ..............., do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the (Nunavut Planning Commission or the Nunavut Impact Review Board). (So help me God.)

SCHEDULE 2(Subsection 73(2) and section 229)DESIGNATED REGULATORY AGENCIES

Canadian Nuclear Safety Commission
Commission canadienne de sûreté nucléaire
National Energy Board
Office national de l’énergie
Nunavut Water Board
Office des eaux du Nunavut

SCHEDULE 3(Subsection 78(2), paragraph 155(1)(a) and subsections 166(2) and 230(4))CLASSES OF WORKS AND ACTIVITIES EXEMPT FROM SCREENING

Date modified:: 2024-12-10

SUMMARY

SHORT TITLE

Marginal note:Short title

PART 1NUNAVUT PLANNING AND PROJECT ASSESSMENT ACT

Enactment of Act

Marginal note:Enactment

Preamble

SHORT TITLE

Marginal note:Short title

INTERPRETATION

Marginal note:Definitions

Marginal note:Version anglaise seulement

Marginal note:Version anglaise seulement

Marginal note:Definitions from Agreement

Marginal note:Interpretation

Marginal note:Inconsistency with Agreement

Marginal note:Inconsistency with other Acts

Marginal note:Limitation — orders

Marginal note:Rights preserved

APPLICATION

Marginal note:Geographic application

Marginal note:Application outside designated area

Marginal note:Binding on Her Majesty

Marginal note:Canadian Environmental Assessment Act, 2012

CONSULTATION

Marginal note:Amendments to this Act

DELEGATION

Marginal note:Delegation to territorial Minister

Marginal note:Notice

PART 1COMMISSION AND BOARD

Nunavut Planning Commission

Constitution

Marginal note:Continuance

Marginal note:Members

Marginal note:Composition

Marginal note:Substitution

Marginal note:Areas of equal use and occupancy

Marginal note:Residence requirement

Marginal note:Persons not eligible for appointment

Marginal note:Chairperson

Marginal note:Appointment of another member

Marginal note:Acting after expiry of term

Powers, Duties and Functions

Marginal note:Additional powers, duties and functions

Marginal note:Principles — section 11.2.1 of Agreement

Meetings

Marginal note:Participation by telecommunications

By-laws and Rules

Marginal note:Powers

Marginal note:Inuit traditions

Marginal note:Statutory Instruments Act

Nunavut Impact Review Board

Constitution

Marginal note:Continuance

Marginal note:Members

Marginal note:Composition

Marginal note:Additional members

Marginal note:Areas of equal use and occupancy

Marginal note:Chairperson

Marginal note:Appointment of another member

Marginal note:Acting after expiry of term

Powers, Duties and Functions

Marginal note:Additional powers, duties and functions

Marginal note:Primary objectives

Marginal note:Other residents

Marginal note:Interpretation

Marginal note:Limitation — socio-economic benefits

Meetings

Marginal note:Nunavut Settlement Area

Marginal note:Participation by telecommunications

Marginal note:Request by members for meeting

Marginal note:Voting

Marginal note:Quorum

By-laws and Rules

Marginal note:Powers

Marginal note:Inuit traditions

Marginal note:Public hearings

Marginal note:Statutory Instruments Act

Panels

Marginal note:Establishment