GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 143
Request — suspension 143 (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project. Suspension (2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension. Time not counted (3) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part. Resumption or termination of review (4) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated. Request — termination (5) The proponent may request in writing that the assessment of a project be terminated. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project. Termination of review (6) The assessment of the project is terminated on the day on which a request under subsection (5) is received. Interpretation (7) For greater certainty, the proponent may submit a new project proposal in relation to a project whose assessment has been terminated under subsection (4) or (6), in accordance with section 76 . Consideration of previous assessment (8) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
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Additional information 144 (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be. Suspension (2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so. Termination of assessment (3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated. Interpretation (4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76 . Consideration of previous assessment (5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
Nunavut Planning and Project Assessment Act — N-28.75 145
Modification not significant 145 If the carrying out of a work or activity is a project within the meaning of subsection 2 (1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74 (a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project.
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Significant modification 146 (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part. Previous assessments (2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project.
Nunavut Planning and Project Assessment Act — N-28.75 147
New assessment 147 (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part. Prohibition (2) It is prohibited to carry out the project referred to in subsection (1) in whole or in part, but the proponent may submit a new project proposal in relation to it in accordance with section 76 . Consideration of previous assessment (3) The person or body exercising powers or performing duties or functions under this Part in respect of the project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
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Consultation — Minister 148 The responsible Minister must consult with the relevant regulatory authorities in respect of the establishment of terms and conditions, under this Part, that are to apply to the carrying out of a project.
Nunavut Planning and Project Assessment Act — N-28.75 149
Joint exercise of powers, etc. 149 (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part. Subparagraph 94 (1)(a)(i) (2) If there is more than one responsible Minister in respect of a project and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to responsible Minister in subparagraph 94 (1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph. Coordination and transmission of documents (3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers. Notice of decisions (4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the federal Minister must perform the duties of the responsible Minister under subsection 200 (4) in relation to those decisions.
Nunavut Planning and Project Assessment Act — N-28.75 150
Written reasons 150 Written reasons must be provided with respect to (a) a decision under section 77 that a project is not in conformity with an applicable land use plan; (b) a decision made under any of paragraphs 81 (2)(a) and 82 (2)(a), sections 93 to 95 , 105 and 106 , subsections 107 (3) and (4) and 112 (6) and (7), sections 125 and 126 , subsections 127 (3) and (4), 142 (1), 144 (2) and 152 (6) and paragraph 155 (1)(b); (c) a decision under any of subsections 86(1), 99(1) and 118 (1) that has the effect of expanding or restricting the scope of the project; and (d) a determination in an original or amended report that is prepared by the Board, a federal environmental assessment panel or a joint panel under this Part, other than under subsection 152 (4).
Nunavut Planning and Project Assessment Act — N-28.75 151
Non-application of this Part 151 The Minister of National Defence may, on an exceptional basis, make a decision to exempt from the application of this Part the carrying out of any work relating to an installation or facility, or the undertaking or carrying out of any activity, that constitutes a project within the meaning of subsection 2 (1) and that is required for the purpose of national defence if that Minister certifies in the decision that, for reasons of confidentiality or urgency, an exemption is required in the interest of national security.
Nunavut Planning and Project Assessment Act — N-28.75 152
Non-application of this Part 152 (1) This Part does not apply in respect of any project that is carried out in response to (a) a national emergency for which special temporary measures are taken under the Emergencies Act ; (b) an emergency if a federal or territorial minister who is authorized under any other Act of Parliament or any territorial law to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or (c) an emergency if the federal Minister certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the project be carried out without delay. Report — person or entity (2) As soon as practicable after undertaking a project referred to in subsection (1), the person or entity carrying it out must submit a written report to the Commission, the Board and the federal Minister describing (a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in paragraph (1)(a), (b) or (c), as the case may be; and (b) any further works or activities required after the end of that emergency to complete the project or maintain a work referred to in paragraph (a). Report — Commission (3) After receiving a report under subsection (2), the Commission may submit a written report to the federal Minister that contains an assessment of the project’s conformity with any applicable land use plan. Report — Board (4) After receiving a report under subsection (2), the Board may submit a written report to the federal Minister with terms and conditions that it recommends, with reasons, should apply in respect of the project or any portion of it. Additional information (5) The person or entity must provide any additional information that the Commission or the Board considers necessary to prepare its report under subsection (3) or (4), as the case may be. Terms and Conditions (6) After receiving a report under subsection (2) and reports under subsections (3) and (4), if any, the federal Minister may impose terms and conditions on the carrying out of the works or activities referred to in paragraph (2)(b), in which case section 135 applies. Prohibition (7) It is prohibited to carry out any works or activities referred to in paragraph (2)(b), in whole or in part, in contravention of any term and condition imposed under subsection (6).
Nunavut Planning and Project Assessment Act — N-28.75 153
No screening 153 (1) The Board must not screen any project if, after determining the scope of the project under subsection 86 (1), it is of the opinion that the project either has as its purpose the provision of normal community resupply or consists of individual ship movements not relating to another project. Precision (2) Sections 87 to 140 do not apply in respect of a project referred to in subsection (1).
Nunavut Planning and Project Assessment Act — N-28.75 154
Licences — Nunavut Water Board 154 (1) Despite paragraph 75 (1)(b), the Nunavut Water Board may issue licences to use waters or deposit waste for an interim, short-term period under the Nunavut Waters and Nunavut Surface Rights Tribunal Act , in respect of exploration or developmental activities that relate directly to a project that is subject to a review under this Part. Conditions (2) Despite paragraph 74 (b) and subject to paragraph 74 (f) and to obtaining the licence referred to in subsection (1) and any other licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1). Non-renewal, etc. (3) Licences referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.
Nunavut Planning and Project Assessment Act — N-28.75 155
Licences — regulatory authorities 155 (1) Despite paragraph 75 (1)(b), a regulatory authority may issue a licence, permit or other authorization in respect of exploration or development activities that relate directly to a project that is subject to a review under this Part if (a) each activity belongs to a class of exempt 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 activities prescribed by regulation; or (b) the activities may, in the Board’s opinion, proceed without such a review. Conditions (2) Despite paragraph 74 (b) and 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 to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1). Non-renewal, etc. (3) Licences, permits or other authorizations referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.
Nunavut Planning and Project Assessment Act — N-28.75 156
Application — entire project 156 (1) If a project is to be carried out partly outside the designated area, sections 76 and 80 apply in respect of the entire project. Limitation (2) Sections 77 to 79 , 81 , 82 and, subject to subsection (1), 85 apply only in respect of the portion of the project to be carried out inside the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 157
Application — entire project 157 (1) If a project is to be carried out partly outside the designated area, sections 86 to 98 apply, subject to subsection (2), in respect of the entire project. Limitation — scope of project (2) If the Board makes an inclusion under paragraph 86 (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 86 (3) and section 87 do not apply and the Board must screen the entire project.
Nunavut Planning and Project Assessment Act — N-28.75 158
Scope of project 158 (1) If the Board receives a project proposal under subparagraph 94 (1)(a)(iii) or subsection 94 (3), the Board must determine the scope of the project and the Board 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. Application — entire project (2) Subject to subsections (3) to (5), subsections 99 (2) and (3) and sections 100 to 114 apply in respect of the entire project. Limitation — scope of project (3) If the Board makes an inclusion under paragraph (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 99 (3) and section 100 do not apply and the Board must review the entire project. Limitation — Board report (4) The responsible Minister may only exercise the powers and perform the duties and functions conferred on that Minister under sections 105 and 106 in relation to the parts of the Board’s report that are applicable to or affect the designated area. Limitation — terms and conditions (5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions conferred under sections 107 and 108 in relation to terms and conditions that are applicable to or affect the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 159
Agreement — coordination 159 (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews. Government of foreign state, etc. (2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.
Nunavut Planning and Project Assessment Act — N-28.75 160
Ministerial decision 160 (1) After receiving a project proposal under subparagraph 94 (1)(a)(ii), the Minister of the Environment must either (a) establish a federal environmental assessment panel; or (b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel. Agreement with foreign state, etc. (2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.
Nunavut Planning and Project Assessment Act — N-28.75 161
Federal environmental assessment panel 161 (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160 (1)(a), that Minister must appoint the members of that panel, including a Chairperson. Composition — aboriginal groups (2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2 (1), in accordance with any agreement concluded between them. Application — entire project (3) Subsections 115 (3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project. Limitation — scope of project (4) If the Minister of the Environment makes an inclusion under paragraph 118 (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118 (3) and section 119 do not apply and the federal environmental assessment panel must review the entire project. Limitation — panel report (5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 124 to 126 in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area. Limitation — terms and conditions (6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 162
Joint panel 162 (1) If the Minister of the Environment enters into an agreement under paragraph 160 (1)(b), subsections 161 (2) to (6) apply in respect of the project. Compatibility (2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection. Members (3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel. Interpretation (4) In subsections 161 (2), (4) and (5) and in the provisions referred to in subsections 161 (3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.
Nunavut Planning and Project Assessment Act — N-28.75 163
Definition of responsible authority 163 In sections 164 to 170 , responsible authority means, as the case may be, (a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or (b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.
Nunavut Planning and Project Assessment Act — N-28.75 164
Project proposal 164 (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority. Contents (2) A project proposal must contain a description of the project prepared in accordance with criteria established by the responsible authority. 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, which are deemed to be a single project for the purposes of this Act. Notice (4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.
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Conformity with requirements 165 The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.
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Verification — screening 166 (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening. 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. Authority may consult Board (3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.
Nunavut Planning and Project Assessment Act — N-28.75 167
Project not exempt from screening 167 If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.