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

Act current to 2022-11-16 and last amended on 2022-05-27. Previous Versions

PART 3Assessment of Projects to Be Carried Out in the Designated Area (continued)

General Provisions (continued)

Projects Not Carried Out

Marginal note:New assessment

  •  (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

 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.

  •  (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

 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

 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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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