GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 228
Regulations 228 (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations (a) prescribing what constitutes a conflict of interest for the purposes of subsections 34 (1) and (2) and 115 (3); and (b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel. Consent of Tunngavik (2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing (a) for the purposes of the definition project in subsection 2 (1), classes of excluded works or activities; and (b) for the purposes of subsection 78 (2), paragraph 155 (1)(a) and subsection 166 (2), classes of physical works and activities that are not exempt from screening.
Nunavut Planning and Project Assessment Act — N-28.75 229
Schedule 2 229 The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency.
Nunavut Planning and Project Assessment Act — N-28.75 230
Schedule 3 — proposed agreement 230 (1) Before entering into an agreement under item 7 of Schedule 12-1 to the Agreement, the Board must notify the designated Inuit organization and either the federal Minister or the territorial Minister, as the case may be, in writing of the classes of physical works and activities that are the subject of the proposed agreement. Comments (2) The recipient of a notice referred to in subsection (1) may, within 120 days after receiving the notice, provide the Board with comments in writing on the proposed agreement. Notice — agreement (3) After taking into account any comments received under subsection (2), the Board must notify the designated Inuit organization and either the federal or the territorial Minister, as the case may be, in writing of the agreement, if any, that has been entered into. Amendment to Schedule 3 (4) The federal Minister must, by order, amend Schedule 3 to add, delete or amend a description of any class of works or activities exempted from screening under an agreement referred to in subsection (3).
Nunavut Planning and Project Assessment Act — N-28.75 231
Members and employees 231 Members and employees of the Commission and the Board who occupy a position immediately before the coming into force of this section continue in that position as if they had been appointed or employed under this Act.
Nunavut Planning and Project Assessment Act — N-28.75 232
Policies, priorities and objectives regarding planning 232 Sections 40 to 45 do not apply in respect of policies, priorities, and broad and specific objectives regarding land use planning established, and planning variables identified, under Article 11 of the Agreement and in force on the day on which this section comes into force, but those sections apply in respect of any amendment to such a policy, priority, objective or variable after the coming into force of this section.
Nunavut Planning and Project Assessment Act — N-28.75 233
Land use plans 233 (1) Any land use plan approved under section 11.5.9 of the Agreement and in force on the day on which this section comes into force remains in force subject to the following rules: (a) sections 47 , 48 and 66 do not apply in respect of it and, for greater certainty, sections 49 to 58 do not apply in respect of it; (b) it is taken into account for the purposes of sections 46 , 68 to 70 and 72 , Part 3, paragraph 222 (d) and section 223 ; and (c) sections 59 to 65 apply in respect of any amendment to it after the coming into force of this section. Public Registry (2) The Commission must include any land use plan referred to in subsection (1) in the public registry established under subsection 201 (1).
Nunavut Planning and Project Assessment Act — N-28.75 234
Municipal plans 234 Sections 71 and 72 do not apply in respect of any municipal land use plan developed in accordance with Article 11 of the Agreement and in force on the day on which this section comes into force. Those sections apply in respect of any amendment to such a land use plan after the coming into force of this section.
Nunavut Planning and Project Assessment Act — N-28.75 235
Projects — assessment under Agreement 235 (1) This Act does not apply in respect of (a) a project that is being assessed under the Agreement or is being, or has been, lawfully carried out on the day on which this section comes into force; (b) a project that was approved under the Agreement before the day on which this section comes into force, was commenced and then stopped or shut down for a period of less than five years, calculated from that day; (c) the rebuilding of a work that has been closed for a period of less than five years calculated from the day on which this section comes into force, if it relates to a project that was approved under the Agreement before that day and lawfully carried out; and (d) a project that was approved under the Agreement before the day on which this section comes into force and commenced within five years of that day. Exception — significant modification (2) Despite subsection (1), if, after this section comes into force, there is a significant modification, within the meaning of section 145 , to a project referred to in any of paragraphs (1)(a) to (d), this Act applies to that project.
Nunavut Planning and Project Assessment Act — N-28.75
I, , do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the (Nunavut Planning Commission or the Nunavut Impact Review Board). (So help me God.)
Nunavut Planning and Project Assessment Act — N-28.75 (a)
(a) subsections 7(5), 11(1) and 14(2) of the National Parks General Regulations ;
Nunavut Planning and Project Assessment Act — N-28.75 (b)
(b) paragraph 15(1)(a) of the National Parks Wildlife Regulations ;
Nunavut Planning and Project Assessment Act — N-28.75 (c)
(c) subject to item 2 of this Schedule, section 73 of the Species at Risk Act ;
Nunavut Planning and Project Assessment Act — N-28.75 (d)
(d) subject to item 2 of this Schedule, subsection 4(2) of the Federal Real Property and Federal Immovables Regulations .
Nunavut Planning and Project Assessment Act — N-28.75 (a)
(a) subsections 3(2), 4(2) and 12(3) of the National Historic Parks General Regulations ;
Nunavut Planning and Project Assessment Act — N-28.75 (b)
(b) paragraph 5(1)(a) of the National Historic Parks Wildlife and Domestic Animals Regulations;
Nunavut Planning and Project Assessment Act — N-28.75 (c)
(c) section 73 of the Species at Risk Act ;
Nunavut Planning and Project Assessment Act — N-28.75 (d)
(d) subsection 4(2) of the Federal Real Property and Federal Immovables Regulations .
Nunavut Planning and Project Assessment Act — N-28.75 (a)
(a) a Class 1 permit issued pursuant to subsection 8(2) of the Nunavut Archaeological and Palaeontological Sites Regulations ;
Nunavut Planning and Project Assessment Act — N-28.75 (b)
(b) a Class 2 permit issued pursuant to subsection 9(2) of the Nunavut Archaeological and Palaeontological Sites Regulations .
Nunavut Planning and Project Assessment Act — N-28.75 (a)
(a) licence to harvest wildlife referred to in section 18 of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (b)
(b) an authorization by licence or order issued under section 21 of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (c)
(c) a live possession licence issued under section 19 of those Regulations;
Nunavut Planning and Project Assessment Act — N-28.75 (d)
(d) an animal husbandry licence issued under section 27 of those Regulations;
Nunavut Planning and Project Assessment Act — N-28.75 (e)
(e) an import licence referred to in subsection 105(1) of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (f)
(f) an export licence referred to in subsection 106(1) of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (g)
(g) a licence to traffic in the meat of wildlife referred to in section 108 of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (h)
(h) a licence issued to a big game outfitter referred to in section 111.1 of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (i)
(i) a licence to act as a guide to a person harvesting game referred to in subsection 112(1) of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (j)
(j) a taxidermy licence referred to in subsection 115(2) of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (k)
(k) a harvesting instruction licence referred to in section 116 of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (l)
(l) a licence to conduct wildlife research or collect wildlife specimens referred to in subsection 117(1) of that Act;
Nunavut Planning and Project Assessment Act — N-28.75 (m)
(m) a licence authorizing wildlife observation referred to in subsection 117(2) of that Act.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 Preamble
Preamble WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that was ratified by Her Majesty when it was signed on Her behalf and when the Nunavut Land Claims Agreement Act came into force and by the Inuit when it was signed on their behalf following a ratification vote;
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
WHEREAS the agreement came into force on July 9, 1993 on its ratification by both parties;
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
AND WHEREAS the Government of Canada has undertaken in the agreement to establish the Nunavut Water Board and the Nunavut Surface Rights Tribunal as institutions of public government and to set out by statute all of their substantive powers, functions, objectives and duties;
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 1
Short title 1 This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act .
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act , which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement. ( Accord )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
carving stone means serpentinite, argillite or soapstone that is suitable for carving. ( pierre à sculpter )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 (a)
designated Inuit organization means (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, (i) Tunngavik, or (ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a). ( organisation inuit désignée )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Inuit means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec. ( Inuit )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Inuit of northern Quebec means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act , S.C. 1976-77, c. 32. ( Inuit du Nord québécois )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Inuit-owned land means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement. ( terre inuit )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Inuktitut means the Inuktitut language and includes Inuinaqtuun. ( inuktitut )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Makivik means the corporation established by An Act respecting the Makivik Corporation , R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec. ( Makivik )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
mineral right means a right to explore for, develop, produce or transport minerals, other than specified substances. ( droit minier )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
minerals means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water. ( minéraux )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Minister means the Minister of Northern Affairs. ( ministre )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
specified substances means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone. ( matières spécifiées )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Tunngavik means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act , R.S.C. 1970, c. C-32, and any successor to that corporation. ( Tunngavik )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 3
Inconsistency with Agreement 3 (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict. Inconsistency with other Acts (2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act , this Act prevails to the extent of the inconsistency or conflict.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence. ( entreprise principale )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Board means the Nunavut Water Board established by section 14. ( Office )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 (a)
domestic purpose means the use of waters for the following purposes: (a) household requirements, including sanitation and fire prevention; (b) the watering of domestic animals; or (c) the irrigation of a garden that adjoins a dwelling-house and is not ordinarily used in the growth of produce for market. ( domestique )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
instream use means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition use , to earn income or for subsistence purposes. ( ordinaire )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
licence means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42. ( permis )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
licensee means a person to whom a licence is issued or assigned. ( titulaire )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
marine area means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters. ( zones marines )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
national park means a park within the meaning of the Canada National Parks Act , or lands set aside as a reserve for a park under that Act. ( parc national )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Nunavut Impact Review Board means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act . ( Commission d’examen des projets de développement )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Nunavut Planning Commission means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act . ( Commission d’aménagement )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
penalty means an administrative monetary penalty imposed for a violation. ( pénalité )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 (a)
use , in relation to waters, means a direct or indirect use of any kind, including, but not limited to, (a) any use of water power and geothermal resources; (b) any diversion or obstruction of waters; (c) any alteration of the flow of waters; and (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001 . ( utilisation )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 (a)
waste means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes (a) any substance or water that, for the purposes of the Canada Water Act , is deemed to be waste; (b) any substance or class of substances specified by the regulations; (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and (d) water that has been subjected to a treatment or change described by the regulations. ( déchet )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
waters means inland waters, whether in a liquid or solid state, on or below the surface of land. ( eaux )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 5
Other Acts 5 Nothing in this Part, the regulations or a licence authorizes a person to contravene any other Act of Parliament or a regulation or order made under any other Act of Parliament.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 6
Rights preserved 6 Nothing in this Part, the regulations or a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 7
Binding on Her Majesty 7 This Part is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 8
Waters vested in Her Majesty 8 (1) Subject to any rights granted by or under any other Act of Parliament in respect of waters in Nunavut, the property in and the right to the use of all waters in Nunavut are vested in Her Majesty in right of Canada. Rights of designated Inuit organization (2) Despite subsection (1), the designated Inuit organization has, in respect of waters in Nunavut, the rights that are provided in the Agreement, including the exclusive right to the use of water on, in, or flowing through Inuit-owned land and the right to have water flow through that land substantially unaffected in quality, quantity and flow.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 9
Delegation to territorial minister 9 The Minister may, in writing, delegate to the territorial minister responsible for water resources any of the Minister’s functions under sections 14, 16, 17, 19 and 21, subsection 55(5), section 56, subsection 77(1) and section 84, either generally or as otherwise provided in the instrument of delegation, except that the delegation cannot abrogate or derogate from any rights of Inuit under the Agreement.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 10
Agreements with provinces 10 The Minister and the territorial minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into under section 5 or 11 of the Canada Water Act , with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The Minister shall not enter into an agreement without the approval of the Governor in Council.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 11
Use of waters 11 (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed use of waters that is authorized by the regulations; (b) the use of waters (i) for a domestic purpose, or (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or (c) the use of waters in a national park. Duties in certain cases (3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 12
Deposit of waste 12 (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste (a) in waters in Nunavut; or (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed deposit of waste that is authorized by the regulations; or (b) the deposit of waste in a national park. Duty to report deposits (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector.