GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 97
Particular issues or concerns — panel 97 When sending a project proposal to a federal environmental assessment panel under subparagraph 94 (1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92 (2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project.
Nunavut Planning and Project Assessment Act — N-28.75 98
Location of impacts 98 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 88 to 97 .
Nunavut Planning and Project Assessment Act — N-28.75 99
Scope of project 99 (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94 (1)(a)(iv) 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. 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. Process suspended (3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review 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.
Nunavut Planning and Project Assessment Act — N-28.75 100
Review 100 The Board must review the project if it makes no inclusion under paragraph 99 (1)(a) or if it makes an inclusion under that paragraph and (a) 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); and (b) following the new screening, it is determined under subparagraph 94 (1)(a)(iv) that the Board is to conduct the review of the project.
Nunavut Planning and Project Assessment Act — N-28.75 101
Impact statement — guidelines 101 (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project. Exception (2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided under subsection 144 (1) is sufficient to allow it to conduct a review of the project. Content of impact statement (3) The guidelines must specify which of the following types of information the proponent is required to include in the impact statement: (a) a description of the project, the purpose of, and need for, the project; (b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change; (c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b); (d) the measures proposed by the proponent to (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans, (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits, (iii) compensate persons whose interests are adversely affected by the project, and (iv) restore ecosystemic integrity after the permanent closure of the project; (e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish; (f) the interests in land and waters that the proponent has acquired or seeks to acquire; (g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and (h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances. Comments (4) The Board must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut, and must solicit written and oral comments on them from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public. Guidelines sent to proponent (5) After allowing a reasonable period for submission of comments, the Board must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent. Submission of statement (6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board.
Nunavut Planning and Project Assessment Act — N-28.75 102
Conduct of review 102 (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26 . Public hearing (2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information. Summon witnesses, etc. (3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to (a) give evidence, orally or in writing; and (b) produce any documents or other things that the Board considers necessary to conduct its review of the project. Enforcement of attendance, etc. (4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court. Hearing may be closed to public (5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain (a) confidential, personal, business proprietary or privileged information; or (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm. Non-disclosure (6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act. Enforcement of summonses and orders (7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.
Nunavut Planning and Project Assessment Act — N-28.75 103
Factors to consider 103 (1) In conducting a review of a project, the Board must take into account the following factors: (a) the purpose of the project and the need for the project; (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area, taking into account the interests of other Canadians; (c) whether the project reflects the priorities and values of the residents of the designated area; (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change; (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d); (f) the 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; (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area; (h) the measures, including those proposed by the proponent, that should be taken to (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans, (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits, (iii) compensate persons whose interests are adversely affected by the project, and (iv) restore ecosystemic integrity after the permanent closure of the project; (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h); (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area; (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent; (l) the interests in land and waters that the proponent has acquired or seeks to acquire; (m) the options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options; (n) the posting of performance bonds; (o) the particular issues or concerns identified under subsection 96 (1); and (p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered. Significance (2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90 (a) to (j). Traditional knowledge (3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it.
Nunavut Planning and Project Assessment Act — N-28.75 104
Report — Board 104 (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. 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. 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.
Nunavut Planning and Project Assessment Act — N-28.75 105
Determination to proceed 105 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.
Nunavut Planning and Project Assessment Act — N-28.75 106
Determination not to proceed 106 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.
Nunavut Planning and Project Assessment Act — N-28.75 107
Revised report — rejection of conditions 107 (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. 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. 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. 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.
Nunavut Planning and Project Assessment Act — N-28.75 108
Socio-economic terms and conditions 108 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.
Nunavut Planning and Project Assessment Act — N-28.75 109
Consultation 109 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 .
Nunavut Planning and Project Assessment Act — N-28.75 110
Notification by Minister 110 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.
Nunavut Planning and Project Assessment Act — N-28.75 111
Project certificate 111 (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. 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. 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. Statutory Instruments Act (4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act . 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.
Nunavut Planning and Project Assessment Act — N-28.75 113
Location of impacts 113 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 .
Nunavut Planning and Project Assessment Act — N-28.75 114
Priority 114 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.
Nunavut Planning and Project Assessment Act — N-28.75 115
Establishment 115 (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. 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). 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. 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. Eligibility (5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board.
Nunavut Planning and Project Assessment Act — N-28.75 116
Primary objectives 116 (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. 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). 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).
Nunavut Planning and Project Assessment Act — N-28.75 117
Terms of reference 117 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.
Nunavut Planning and Project Assessment Act — N-28.75 118
Scope of project 118 (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. 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. 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.
Nunavut Planning and Project Assessment Act — N-28.75 119
Review 119 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.