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

Marginal note:Binding on Her Majesty

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

Marginal note:Impact Assessment Act

7 The Impact Assessment Act 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.