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

Act current to 2024-05-28 and last amended on 2022-05-27. Previous Versions

Nunavut Planning and Project Assessment Act

S.C. 2013, c. 14, s. 2

Assented to 2013-06-19

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

[Enacted by section 2 of chapter 14 of the Statutes of Canada, 2013, in force July 9, 2015, see SI/2015-58.]
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

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

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    Agreement

    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. (accord)

    Board

    Board means the Nunavut Impact Review Board referred to in section 18. (Version anglaise seulement)

    Commission

    Commission means the Nunavut Planning Commission referred to in section 10. (Version anglaise seulement)

    conservation area

    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. (aire de préservation)

    department or agency

    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. (ministère ou organisme)

    designated area

    designated area means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone. (région désignée)

    designated Inuit organization

    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). (organisation inuite désignée)

    federal Minister

    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 Northern Affairs. (ministre fédéral)

    interested corporation or organization

    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. (intéressée)

    Inuit of northern Quebec

    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. (Inuits du Nord québécois)

    Inuktitut

    Inuktitut includes Inuinnaqtun. (inuktitut)

    land

    land includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore. (terres)

    land use plan

    land use plan does not include a municipal land use plan. (plan d’aménagement)

    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. (Makivik)

    marine conservation area

    marine conservation area means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act. (aire marine de préservation)

    municipality

    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. (municipalité)

    national park

    national park means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act. (parc national)

    park

    park means a national park, a territorial park or a marine conservation area. (parc)

    project

    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. (projet)

    proponent

    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. (promoteur)

    regulatory authority

    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. (autorité administrative)

    territorial law

    territorial law means an Act of the Legislature for Nunavut. (loi territoriale)

    territorial Minister

    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. (ministre territorial)

    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. (Tunngavik)

    waters

    waters means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state. (eaux)

  • 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

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

  • Marginal note:Inconsistency with other Acts

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

  • Marginal note:Limitation — orders

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

Marginal note:Rights preserved

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

Application

Marginal note:Geographic application

  •  (1) This Act applies to the designated area.

  • Marginal note:Application outside designated area

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

Marginal note:Binding on Her Majesty

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

Marginal note:Impact Assessment Act

 The Impact Assessment Act does not apply in respect of the designated area.

Consultation

Marginal note:Amendments to this Act

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

Delegation

Marginal note:Delegation to territorial Minister

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

  • Marginal note:Notice

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

PART 1Commission and Board

Nunavut Planning Commission

Constitution

Marginal note:Continuance

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

Marginal note:Members

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

  • Marginal note:Composition

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

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

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

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

  • Marginal note:Substitution

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

  • Marginal note:Areas of equal use and occupancy

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

  • Marginal note:Residence requirement

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

  • Marginal note:Persons not eligible for appointment

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

 

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