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 2Land Use Planning (continued)

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

    ministre compétent

    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 Indian Affairs and Northern Development, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a). (ministre compétent)

    traditional knowledge

    connaissances traditionnelles

    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.

Project in Conformity with Land Use Plan

Marginal note:Verification — screening

  •  (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

 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

  •  (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.

 
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