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

Project in Conformity with Land Use Plan

Marginal note:Verification — screening

• 78 (1) If the Commission determines that the project is in conformity with any applicable land use plan, it must verify whether the project is exempt from screening.

• Marginal note:Exemption from screening

  (2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.

• Marginal note:Commission may consult Board

  (3) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.

Marginal note:Project not exempt from screening

79 If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening.

Marginal note:Project exempt from screening

• 80 (1) If a project is exempt from screening and the Commission has concerns in respect of any cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.

• Marginal note:No concerns — cumulative impacts

  (2) If a project is exempt from screening and the Commission does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law.

• Marginal note:Location of impacts

  (3) In performing its functions under subsections (1) and (2), the Commission must consider impacts both inside and outside the designated area.

Project Not in Conformity with Land Use Plan

Marginal note:Minor variance

• 81 (1) If the Commission determines that the project is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to such a project and whether the conditions set out under subsection 48(3), if any, are met.

• Marginal note:Minor variance authorized

  (2) If the land use plan authorizes the granting of minor variances and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the project is not in conformity with the plan,

  • (a) grant a minor variance, in which case it must verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or

  • (b) refuse to grant a minor variance.

• Marginal note:Publication

  (3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.

• Marginal note:Objection

  (4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission in writing that the proposed minor variance should not be granted because

  • (a) the land use plan does not authorize the granting of the minor variance;

  • (b) the conditions subject to which a minor variance may be granted are not met; or

  • (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.

• Marginal note:Reasons taken into account and public review

  (5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.

• Marginal note:Extension of time limit

  (6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the proponent of the extension in writing.

Marginal note:Request for ministerial exemption

• 82 (1) If the Commission determines that the project is not in conformity with an applicable land use plan, the proponent may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after

  • (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or

  • (b) the Commission’s decision to refuse to grant a minor variance.

• Marginal note:Ministerial decision

  (2) The Minister or Ministers, as the case may be, must, within 120 days after receiving a request under subsection (1) either

  • (a) grant the exemption, in which case the Commission must make the decision public, verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or

  • (b) refuse the exemption.

• Marginal note:Consultation

  (3) An exemption may only be granted after consultation with the Commission and the relevant regulatory authorities and relevant departments or agencies that are not regulatory authorities.

• Marginal note:Extension of time limit

  (4) If a Minister who has received a request is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the proponent and the Commission of the extension in writing.

• Marginal note:Limitation

  (5) For greater certainty, the Commission is not authorized to send the project proposal to the Board under section 79 or subsection 80(1) if it 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.

Time Limit

Marginal note:Performance of certain functions

• 83 (1) The Commission must exercise its powers and perform its duties and functions under sections 77 to 80 within 45 days after receiving the project proposal.

• Marginal note:Time not counted

  (2) If the Commission determines that a project is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties or functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1).

• Marginal note:Time not counted — public review

  (3) If the Commission conducts a public review under subsection 81(5), any time required to conduct it does not count as part of the period referred to in subsection 81(2).

Marginal note:Time not counted — additional information

84 Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the periods referred to in subsections 81(2) and (4) and 83(1).

No Land Use Plan

Marginal note:Verification — screening

• 85 (1) If there is no applicable land use plan, the Commission must, within 45 days after receiving the project proposal, verify whether the project is exempt from screening under subsection 78(2) and must comply with the requirements of section 79 or 80, as the case may be.

• Marginal note:Request for opinion

  (2) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.

• Marginal note:Time not counted — additional information

  (3) Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the period referred to in subsection (1).

Screening by Board

Marginal note:Scope of project

• 86 (1) The Board must determine the scope of a project in relation to which a project proposal is received under section 79 or subsection 80(1) and must

  • (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and

  • (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.

• Marginal note:Consultation

  (2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.

• Marginal note:Process suspended

  (3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the screening and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

Marginal note:Screening

• 87 (1) The Board must screen the project if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1).

• Marginal note:Limitation

  (2) For greater certainty, the Board is not authorized to screen a project if 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.

Marginal note:Purpose of screening

88 The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel, as the case may be.

Marginal note:Project to be reviewed

• 89 (1) The Board must be guided by the following considerations when it is called on to determine, on the completion of a screening, whether a review of the project is required:

  • (a) a review is required if, in the Board’s opinion,

    • (i) the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities,

    • (ii) the project will cause significant public concern, or

    • (iii) the project involves technological innovations, the effects of which are unknown; and

  • (b) a review is not required if, in the Board’s opinion,

    • (i) the project is unlikely to cause significant public concern, and

    • (ii) its adverse ecosystemic and socio-economic impacts are unlikely to be significant, or are highly predictable and can be adequately mitigated by known technologies.

• Marginal note:Prevailing considerations

  (2) The considerations set out in paragraph (1)(a) prevail over those set out in paragraph (1)(b).

• Definition of harvest

  (3) In subparagraph (1)(a)(i), harvest has the same meaning as in section 1.1.1 of the Agreement.

Marginal note:Significance of impacts — factors

90 In determining the significance of impacts for the purposes of section 88 and subparagraphs 89(1)(a)(i) and (b)(ii), the Board must take into account the following factors:

• (a) the size of the geographic area, including the size of wildlife habitats, likely to be affected by the impacts;

• (b) the ecosystemic sensitivity of that area;

• (c) the historical, cultural and archaeological significance of that area;

• (d) the size of the human and the animal populations likely to be affected by the impacts;

• (e) the nature, magnitude and complexity of the impacts;

• (f) the probability of the impacts occurring;

• (g) the frequency and duration of the impacts;

• (h) the reversibility or irreversibility of the impacts;

• (i) the cumulative impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out; and

• (j) any other factor that the Board considers relevant to the assessment of the significance of impacts.

Marginal note:Project to be modified or abandoned

91 The Board must make a determination that a project should be modified or abandoned if the Board is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts.

Marginal note:Report — Board

• 92 (1) The Board must submit a written report to the responsible Minister containing a description of the project that specifies its scope and indicating that

  • (a) a review of the project is not required;

  • (b) a review of the project is required; or

  • (c) the project should be modified or abandoned.

• Marginal note:Other information

  (2) In its report, the Board may also

  • (a) recommend specific terms and conditions to apply in respect of a project that it determines may be carried out without a review;

  • (b) identify particular issues or concerns that should be considered in the review of a project that it determines should be reviewed; and

  • (c) provide information regarding the nature and extent of the regional impacts of a project that the responsible Minister must take into account when determining whether a project is in the regional interest.

• Marginal note:Time of report

  (3) The Board must submit the report and the project proposal to the responsible Minister within a period that allows the relevant regulatory authorities to issue, within any period prescribed by law or regulation, a licence, permit or other authorization in respect of the project or, if it is earlier, within 45 days after the latest of

  • (a) the day on which the Board receives the project proposal under section 79 or subsection 80(1),

  • (b) the day on which the Board receives any information that is required under subsection 144(1), and

  • (c) the day on which the Board receives a decision, by reason of subsection 86(3), that the project is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to the project.

• Marginal note:Extension of time limit

  (4) If the responsible Minister is of the opinion that more time is needed for the Board to submit the report, that Minister may extend the period referred to in subsection (3) and must notify the proponent and the Board of the extension in writing.