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

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.