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

By-laws and Rules

Marginal note:Powers

• 26 (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

• 27 (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

28 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

• 29 (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.

Marginal note:Oath of office

30 Before taking up their duties, members of the Commission and the Board must take the oath of office set out in Schedule 1 before a person who is authorized by law to administer oaths.

Marginal note:Remuneration and expenses

• 31 (1) The members of the Commission and the Board must receive fair remuneration, as determined by the federal Minister, for the performance of their duties and must be paid any travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties and that are consistent with Treasury Board directives for public servants.

• Marginal note:Workers’ compensation

  (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Removal

32 A member of the Commission or the Board may be removed for cause by the minister who appointed the member. If the member was nominated by the designated Inuit organization or the territorial Minister, the federal Minister may remove the member only after consulting the designated Inuit organization or the territorial minister, as the case may be.

Staff

Marginal note:Employment and remuneration

• 33 (1) The Commission and the Board may employ any officers and employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Commission or the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.

• Marginal note:Workers’ compensation

  (2) An officer or employee of the Commission or the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Conflict of Interest

Marginal note:Members

• 34 (1) A member of the Commission or the Board must not participate in a decision on a matter in which that member has a conflict of interest.

• Marginal note:Staff

  (2) An officer or employee of the Commission or the Board or agent, adviser or expert must not act in a matter in which that person has a conflict of interest.

• Marginal note:Status of Inuk

  (3) A member referred to in subsection (1) or a person referred to in subsection (2) is not placed in a conflict of interest solely because that member or person is an Inuk as defined in section 1.1.1 of the Agreement.

• Marginal note:Guidelines

  (4) Subject to any regulations made under paragraph 228(1)(a) and any rules established by the Treasury Board, the Commission and the Board may issue guidelines regarding conflicts of interest in respect of their members or persons referred to in subsection (2).

Status and General Powers

Marginal note:Status

• 35 (1) The Commission and the Board are institutions of public government.

• Marginal note:Property and contracts

  (2) The Commission and the Board may, for the purposes of conducting their business,

  • (a) acquire property in their own names and dispose of the property; and

  • (b) enter into contracts in their own names.

• Marginal note:Legal proceedings

  (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation.

Head Office

Marginal note:Nunavut Settlement Area

36 The head offices of the Commission and the Board must be in the Nunavut Settlement Area.

Languages

Marginal note:Language of business

• 37 (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut.

• Marginal note:Public hearings and reviews

  (2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.

• Marginal note:Members

  (3) Nothing in subsection (1) or (2) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.

• Marginal note:Witnesses

  (4) The Commission or the Board has, in any proceedings before it, the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut and that, in being so heard, the witness will not be placed at a disadvantage by not being heard in another of those languages.

By-laws and Rules

Marginal note:Pre-publication

• 38 (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by

  • (a) publishing the proposed by-law or rule on its website;

  • (b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and

  • (c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area.

• Marginal note:Comments invited

  (2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice.

• Marginal note:Response to comments

  (3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2).

• Marginal note:Exception

  (4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons.

• Marginal note:Notice

  (5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.

Financial Provisions

Marginal note:Annual budget

• 39 (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval.

• Marginal note:Accounts

  (2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

• Marginal note:Consolidated financial statements

  (3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them.

• Marginal note:Audit

  (4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister.

PART 2Land Use Planning

Interpretation

Marginal note:Definition of land

40 In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.