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

Act current to 2018-10-24 and last amended on 2017-12-12. Previous Versions

PART 1Commission and Board (continued)

Nunavut Impact Review Board

Constitution

Marginal note:Continuance

 The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.

Marginal note:Members

  •  (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

  •  (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

 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

 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

  •  (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

 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

  •  (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.

By-laws and Rules

Marginal note:Powers

  •  (1) The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting

    • (a) the calling of meetings of the Board and the conduct of business at them;

    • (b) the establishment of special and standing committees and the fixing of quorum for meetings of those committees;

    • (c) procedures for making submissions and complaints to the Board;

    • (d) procedures and guidelines for collecting information and opinions, including procedures for the conduct of public hearings by the Board or one of its panels;

    • (e) the establishment of guidelines for the preparation of impact statements;

    • (f) the establishment of guidelines respecting time limits for completing each step of a review that the Board carries out under Part 3 or 4; and

    • (g) the admissibility of evidence in public hearings conducted by the Board or one of its panels.

  • 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:Public hearings

    (3) By-laws and rules relating to the conduct of public hearings must

    • (a) emphasize flexibility and informality to the extent that is consistent with the general application of the rules of procedural fairness and natural justice and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and

    • (b) with respect to any classification of intervenors, allow a designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.

  • Marginal note:Statutory Instruments Act

    (4) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Panels

Marginal note:Establishment

  •  (1) The Board may establish panels and delegate any of its powers, duties and functions to them.

  • Marginal note:Chairperson

    (2) The Board must appoint a Chairperson for each panel.

  • Marginal note:Composition

    (3) In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraph 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b).

General Provisions — Commission and Board

Members

Marginal note:Vacancies during term

 If a vacancy occurs during the term of a member of the Commission or the Board, other than a member appointed under subsection 19(3), the minister who appointed the member must appoint another member as soon as practicable in accordance with section 11 or 19, as the case may be.

Marginal note:Term of office

  •  (1) Members of the Commission and the Board, including the Chairpersons and any member appointed under section 28, are appointed to hold office for a term of three years.

  • Marginal note:Other members

    (2) Despite subsection (1), members appointed under subsection 11(3) or (4) or 19(3) or (4) are appointed to hold office for a term not exceeding three years.

  • Marginal note:Reappointment

    (3) A member is eligible to be reappointed to the Commission or the Board in the same or another capacity.

 
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