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

Act current to 2022-11-16 and last amended on 2022-05-27. Previous Versions

PART 2Land Use Planning (continued)

Land Use Plans (continued)

Development (continued)

Marginal note:Factors to consider

 In exercising their powers and performing their duties and functions under sections 49 and 52 and subsections 54(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.

Amendment

Marginal note:Proposal for amendment

  •  (1) The federal Minister, the territorial Minister, the designated Inuit organization or any person, including a corporation or other organization, affected by a land use plan may propose to the Commission an amendment to that plan.

  • Marginal note:Consideration by Commission

    (2) The Commission must consider the proposed amendment and, if it considers it appropriate to do so, conduct a public review in accordance with the by-laws and rules made under section 17.

  • Marginal note:Amendment proposed by Commission

    (3) The Commission may, on its own initiative, propose an amendment to a land use plan and must subsequently conduct a public review in accordance with the by-laws and rules made under section 17.

  • Marginal note:Proposed amendment to be made public

    (4) If the Commission conducts a public review in respect of a proposed amendment, the Commission must make the proposal public in a manner that is designed to promote public participation in its examination.

Marginal note:Revision of amendment

 The Commission must consider the submissions made during a public review in respect of a proposed amendment and may make any revisions to the proposed amendment that it considers appropriate.

Marginal note:Submission of proposed amendment

  •  (1) The Commission must submit the original or revised proposed amendment to the federal Minister, the territorial Minister and the designated Inuit organization with a written report of any public review and its recommendation as to whether the amendment should be accepted or rejected, in whole or in part.

  • Marginal note:Exception

    (2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated.

Marginal note:Decision — proposed amendment

  •  (1) As soon as practicable after receiving the proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept the Commission’s recommendation jointly or reject it, in whole or in part, with written reasons.

  • Marginal note:Revised proposal

    (2) If the Commission’s recommendation is rejected, in whole or in part, by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public review under subsections 59(2) and (4) and section 60 that it considers necessary, make any changes it considers appropriate and submit a revised proposed amendment to the federal Minister, territorial Minister and designated Inuit organization.

  • Marginal note:Decision — revised proposal

    (3) As soon as practicable after receiving a revised proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept it jointly or reject it with written reasons.

  • Marginal note:Coming into force

    (4) Any amendment to a land use plan based on an original or revised proposal for amendment comes into force when it is approved under subsection (1) or (3).

  • Marginal note:Publication

    (5) The Commission must make any amendment to a land use plan public.

Marginal note:Nunavut Water Board

 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

Marginal note:Municipalities

 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates.

Marginal note:Factors to consider

 In exercising their powers and performing their duties and functions under subsections 59(2) and (3), section 60 and subsections 62(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.

Periodic Review

Marginal note:Commission

 The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48.

Marginal note:Public hearing

 The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17.

Implementation

Marginal note:Duty — general

 Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it.

Marginal note:Duty — licences, etc.

  •  (1) Each regulatory authority must, to the extent of its authority to do so, ensure that any licence, permit or other authorization that it issues implements any applicable requirements of any applicable land use plan, including those identified under subsection 48(4).

  • Marginal note:Minor variances and ministerial exemptions

    (2) If a minor variance or a ministerial exemption has been granted in respect of a project under paragraph 81(2)(a) or 82(2)(a), as the case may be, subsection (1) does not apply in respect of the requirements for that project in respect of which the variance or exemption was granted.

  • Marginal note:New prohibitions

    (3) Subsection (1) does not apply in relation to land uses that,

    • (a) in the case of a project referred to in subsection 207(1), are prohibited by a land use plan approved after the day on which the project proposal was submitted in accordance with section 76 or by amendments made to a land use plan after that day;

    • (b) in the case of a project referred to in subsection 207(2) or paragraph 208(1)(a), are prohibited by a land use plan approved after the day on which the carrying out of the project was authorized under Part 3 or by amendments made to a land use plan after that day;

    • (c) in the case of the rebuilding of a work referred to in paragraph 208(1)(b), are prohibited by a land use plan approved after the day on which the carrying out of the project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day;

    • (d) in the case of a project referred to in subsection 208(6) relating to a project that has been stopped or shut down for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project was authorized under Part 3 or by amendments made to a land use plan after that day; or

    • (e) in the case of a project referred to in subsection 208(6) relating to the rebuilding of a work that has been closed for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day.

  • Marginal note:New terms and conditions

    (4) For greater certainty, subsection (1) applies, in the case of a project described in any of paragraphs (3)(a) to (e), in relation to terms and conditions in respect of land uses that are set out in a land use plan approved after the day set out in the relevant paragraph or that are set out in amendments made to a land use plan after that day.

  • Marginal note:Additional or more stringent requirements

    (5) For greater certainty, a regulatory authority may impose, to the extent of its authority to do so, requirements that are in addition to, or more stringent than, those referred to in subsection (1).

  • Marginal note:Consultation

    (6) A regulatory authority may consult the Commission with a view to determining the most effective means of complying with its obligation under subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Commission in order to obtain its comments and recommendations.

Parks and Conservation Areas

Marginal note:Existing parks and historic places

  •  (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency.

  • Marginal note:Creation of parks and historic places

    (2) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of any initiative whose purpose is to establish a park or designate a historic place referred to in subsection (1).

  • Marginal note:Conservation area

    (3) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of conservation areas, other than historic places referred to in subsection (1), after they are established and to any initiative whose purpose is to establish such a conservation area.

Municipalities

Marginal note:Municipal plans — development

  •  (1) The principles set out in Article 11 of the Agreement in respect of land use planning must guide the development of municipal land use plans for municipalities in the designated area.

  • Marginal note:Notice

    (2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan.

Marginal note:Compatibility of plans

 The Commission and municipalities must cooperate for the purpose of ensuring compatibility between municipal land use plans and any land use plan established under this Part.

PART 3Assessment of Projects to Be Carried Out in the Designated Area

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    responsible Minister

    responsible Minister means

    • (a) the federal minister or the territorial minister, as the case may be, who has the jurisdictional responsibility for authorizing a project to proceed; or

    • (b) the Minister of Northern Affairs, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a). (ministre compétent)

    traditional knowledge

    traditional knowledge means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and with the environment, that is rooted in the traditional way of life of Inuit of the designated area. (connaissances traditionnelles)

  • Marginal note:Interpretation

    (2) Paragraph (b) of the definition responsible Minister in subsection (1) applies if the responsibility for authorizing the project to proceed is under the sole jurisdiction of a designated regulatory agency set out in Schedule 2.

Compliance

Marginal note:Prohibitions

 It is prohibited to carry out a project, in whole or in part, if

  • (a) a project proposal has not been submitted to the Commission in accordance with section 76;

  • (b) the assessment of the project under this Part has not been completed;

  • (c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3);

  • (d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be;

  • (e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed;

  • (f) the project is not carried out in accordance with any requirement identified, under subsection 48(4), in any applicable land use plan, other than a requirement in relation to which a minor variance or a ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; or

  • (g) the project is not carried out in accordance with the terms and conditions set out in the original or amended project certificate.

Marginal note:Regulatory authorities

  •  (1) A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if

    • (a) a project proposal has not been submitted to the Commission in accordance with section 76;

    • (b) the assessment of the project under this Part has not been completed;

    • (c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3);

    • (d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be; or

    • (e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed.

  • Marginal note:No force or effect — licences, etc.

    (2) A licence, permit or other authorization issued in contravention of any of paragraphs (1)(a) to (e) is of no force or effect.

  • Marginal note:Modification not significant

    (3) A regulatory authority may issue any licence, permit or other authorization relating to a project approved under this Part that has not been significantly modified without a new assessment of the project being carried out under this Part.

Review by Commission

Project Proposal

Marginal note:Duty — proponent

  •  (1) The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Commission.

  • Marginal note:Content of proposal

    (2) A project proposal must contain a description of the project prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).

  • Marginal note:Grouping of related projects

    (3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, and they are deemed to be a single project for the purposes of this Act.

  • Marginal note:Notice

    (4) The Commission must publish in its public registry a notice of receipt of the project proposal. That notice must contain a summary of the project, including a description of its nature and an indication of where it is to be carried out, and the proponent’s name.

Land Use Plan in Effect

Determination

Marginal note:Conformity with plan

  •  (1) The Commission must determine if a project is in conformity with the land use plan that is applicable to the place where the project is to be carried out.

  • Marginal note:Multiple plans

    (2) If different portions of the project are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the project is not in conformity with the land use plan applicable to it, the entire project is deemed to not be in conformity.

 
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