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

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.