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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 3Assessment of Projects to Be Carried Out in the Designated Area (continued)

Review (continued)

Board (continued)

Marginal note:Report — Board

  •  (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and setting out

    • (a) its assessment of the project and its ecosystemic and socio-economic impacts;

    • (b) its determination, based on that assessment, as to whether the project should or should not proceed; and

    • (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Ministerial direction

    (2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.

  • Marginal note:Revised report

    (3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.

Marginal note:Determination to proceed

 If the Board determines that a project should proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

  • (a) agree with that determination and either

    • (i) accept the terms or conditions recommended in the report, or

    • (ii) reject those terms and conditions on one or more of the following grounds:

      • (A) one or more of the terms or conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or

  • (b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest.

Marginal note:Determination not to proceed

 If the Board makes a determination that a project should not proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

  • (a) agree with that determination; or

  • (b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

Marginal note:Revised report — rejection of conditions

  •  (1) Within 30 days after a decision is made under subparagraph 105(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Revised report — rejection of determination

    (2) Within 30 days after a decision is made under paragraph 106(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Minister’s decision

    (3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended in that report either

    • (a) accept it; or

    • (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions,

      • (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

  • Marginal note:Additional terms and conditions

    (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

Marginal note:Socio-economic terms and conditions

 Despite paragraphs 105(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

 If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 105 or 106, subsection 107(3) or (4) or section 108.

Marginal note:Notification by Minister

 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.

Marginal note:Project certificate

  •  (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

  • Marginal note:Terms and conditions

    (2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.

  • Marginal note:Content of certificate

    (3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) 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:Statutory Instruments Act

    (4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

  • Marginal note:Extension of time limit

    (5) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing.

Marginal note:Reconsideration of terms and conditions

  •  (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if

    • (a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

    • (b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or

    • (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions.

  • Marginal note:Minister’s initiative

    (2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies.

  • Marginal note:Notice

    (3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2).

  • Marginal note:Conduct of reconsideration

    (4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances.

  • Marginal note:Report

    (5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains

    • (a) an assessment of the terms and conditions in force; and

    • (b) any terms and conditions that it recommends should apply in respect of the project.

  • Marginal note:Minister’s decision

    (6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), in respect of each term or condition recommended in that report either

    • (a) accept it; or

    • (b) reject it or vary it in any manner that that Minister considers appropriate, under section 108 or if, alone or combined with other terms or conditions,

      • (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

      • (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest.

  • Marginal note:Additional terms and conditions

    (7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project.

  • Marginal note:Extension of time limit

    (8) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (6) by up to 90 days and must notify the proponent of the extension in writing.

  • Marginal note:Notification by Minister

    (9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project.

  • Marginal note:Amended project certificate

    (10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice.

Marginal note:Location of impacts

 The ecosystemic and socio-economic impacts of the project, both inside and outside of the designated area, must be taken into account for the purposes of sections 101 to 112.

Marginal note:Priority

 The responsible Minister may indicate to the Board that a review or a reconsideration of terms and conditions is a priority in relation to other reviews or reconsiderations and may propose a reasonable period within which it must be completed.

Federal Environmental Assessment Panel

Marginal note:Establishment

  •  (1) After receiving a project proposal under subparagraph 94(1)(a)(i), the Minister of the Environment must establish a federal environmental assessment panel consisting of members, including a Chairperson, appointed by that Minister.

  • Marginal note:Composition

    (2) The following rules apply in respect of the appointment of members of the panel, other than the Chairperson:

    • (a) at least one quarter of the members must be appointed on the nomination of the territorial Minister; and

    • (b) at least one quarter of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1).

  • Marginal note:Impartiality and qualifications

    (3) The Minister of the Environment must appoint as members of the panel persons who are unbiased and free from any conflict of interest relative to the project and who have special knowledge or experience relevant to the anticipated technical, environmental or social impacts of the project.

  • Marginal note:Status of Inuk

    (4) A panel member is not placed in a conflict of interest solely because the member is an Inuk as defined in section 1.1.1 of the Agreement.

  • Marginal note:Eligibility

    (5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board.

Marginal note:Primary objectives

  •  (1) A federal environmental assessment panel 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) The panel must take into account the well-being of residents of Canada outside the designated area when exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a).

  • Marginal note:Interpretation

    (3) For greater certainty, the panel must exercise its powers and perform its duties and functions under paragraph 123(1)(c) in accordance with the objectives set out in subsection (1).

Marginal note:Terms of reference

 The Minister of the Environment must, in consultation with the responsible Minister, fix the terms of reference for the panel and send the project proposal to the panel. The Minister of the Environment must include in the terms of reference any issues or concerns identified under section 97 and may identify other issues or concerns that must also be considered by the panel in its review of the project.

Marginal note:Scope of project

  •  (1) The Minister of the Environment must, in consultation with the responsible Minister, determine the scope of the project and, in making that determination, 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 the Minister of the Environment 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 the Minister of the Environment considers insufficiently related to the project to form part of it.

  • Marginal note:Consultation

    (2) The Minister of the Environment 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 Minister of the Environment makes an inclusion under paragraph (1)(a), the panel must not proceed with the review and the Commission as well as 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:Review

 The panel must review the project if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the panel receives a decision, by reason of subsection 118(3), that the entire 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 it.

 
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