GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 38
Pre-publication 38 (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by (a) publishing the proposed by-law or rule on its website; (b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and (c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area. Comments invited (2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice. Response to comments (3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2). Exception (4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons. Notice (5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202 , as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.
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Annual budget 39 (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval. Accounts (2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister. 2013, c. 14, s. 2 “39”; 2017, c. 26, s. 62
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Definition of land 40 In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.
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Designated area 41 The Commission is responsible for the establishment, in conjunction with the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, of broad planning policies, priorities and objectives for the designated area regarding the conservation, development, management and use of land.
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Planning regions 42 (1) The Commission must identify planning regions and may, for each planning region, identify specific planning objectives and planning variables regarding the conservation, development, management and use of land. Consistency (2) The specific planning objectives must be consistent with the broad objectives established for the designated area.
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Consultations 43 The Commission must seek the opinions of affected municipalities, interested corporations and organizations, residents and other interested persons regarding specific objectives and land use planning options for the region.
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Principles and factors 44 The principles and factors set out in sections 11.2.1 and 11.2.3 of the Agreement must guide the development of broad policies, priorities and objectives under section 41 and specific planning objectives under section 42 .
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Public hearing 45 The Commission may, in exercising its powers and performing its duties and functions under sections 41 to 43 , hold a public hearing in accordance with the by-laws and rules made under section 17 .
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Duty 46 (1) The Commission must exercise its powers and perform its duties and functions in relation to land use plan development under this Part so that the entire designated area is, as soon as practicable, subject to either (a) one land use plan for the entire designated area; or (b) two or more land use plans, each relating to one or more planning regions within the designated area. No overlap (2) For greater certainty, no portion of the designated area is to be subject to more than one land use plan. Merger of plans (3) The Commission may merge the land use plans referred to in paragraph (1)(b) to form a land use plan referred to in paragraph (1)(a). If the substance of the land use plans being merged is not changed, such a merger is not an amendment and sections 59 to 65 do not apply.
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Purposes of plan 47 A land use plan has the following purposes: (a) to protect and promote the existing and future well-being of the residents and communities of the designated area, taking into account the interests of all Canadians; and (b) to protect and, if necessary, restore the environmental integrity of the designated area or the planning region, as the case may be.
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Contents of plan 48 (1) A land use plan must provide for the conservation and use of land and guide and direct resource use and development and must, in particular, provide for a strategy regarding the implementation of the plan and take into account (a) the broad planning policies, priorities and objectives established for the designated area; (b) the specific planning objectives and planning variables identified for any applicable planning region; (c) the factors referred to in section 11.3.1 of the Agreement; and (d) Inuit objectives for Inuit owned lands. Permitted uses (2) A land use plan may contain descriptions of permitted, subject to any terms and conditions that the plan sets out, and prohibited uses of land. Minor variances (3) A land use plan may authorize the Commission to grant minor variances and may set out the conditions subject to which they may be considered and granted. Offences (4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74 (f). Articles 5 and 7 of Agreement (5) A land use plan must be developed and implemented in a manner that is consistent with the principles and requirements of Articles 5 and 7 of the Agreement.
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Preparation of draft 49 After concluding any consultations that it considers appropriate, the Commission must prepare a draft land use plan for the entire designated area or for one or more planning regions.
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Draft to be made public 50 (1) Before holding a public hearing in respect of a draft land use plan, the Commission must make the draft public and must do so in a manner designed to promote participation in its examination by the public. Invitation to comment (2) The Commission must solicit written and oral comments on the draft land use plan 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.
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Public hearing 51 (1) After allowing a reasonable period for the submission of comments on the draft land use plan, the Commission must hold a public hearing in respect of it. Duty (2) The Commission must take all necessary steps to promote public awareness of, and public participation in, the public hearing, 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. Conduct of hearing (3) In conducting a public hearing, the Commission must give great weight to the Inuit traditions regarding oral communication and decision-making and must accord to the designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.
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Revision — draft plan 52 After the public hearing is held, the Commission must consider any comments made in respect of the draft land use plan under subsection 50 (2) or submissions made during the hearing and make any revisions to the draft land use plan that it considers appropriate.
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Submission — draft plan 53 The Commission must submit the original or revised draft land use plan, which it must make public, and a written report of the proceedings at the public hearing held in respect of it, to the federal Minister, the territorial Minister and the designated Inuit organization.
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Decision — draft plan 54 (1) As soon as practicable after receiving a draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons and return it to the Commission. Revised plan (2) If the plan is rejected by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public hearing under sections 50 to 52 that it considers necessary, make any changes that it considers appropriate and submit a revised draft land use plan to the Ministers and the designated Inuit organization. Decision — revised plan (3) As soon as practicable after receiving a revised draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons. Acceptance and recommendation (4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister must recommend its approval to the Governor in Council and the territorial Minister must recommend its approval to the Executive Council of Nunavut.
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Approval — plan 55 (1) The Governor in Council and the Executive Council of Nunavut may approve the draft land use plan if its approval was recommended under subsection 54 (4). Effective date (2) A land use plan comes into effect when it is approved under subsection (1). Publication (3) The Commission must make the land use plan public. Statutory Instruments Act (4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act .
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Nunavut Water Board 56 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54 (2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act .
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Municipalities 57 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54 (2), give great weight to the views and wishes of the municipalities in the area to which the draft land use plan relates.
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Factors to consider 58 In exercising their powers and performing their duties and functions under sections 49 and 52 and subsections 54 (1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47 , the requirements set out in section 48 and existing rights and interests.
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Proposal for amendment 59 (1) The federal Minister, the territorial Minister, the designated Inuit organization or any person, including a corporation or other organization, affected by a land use plan may propose to the Commission an amendment to that plan. Consideration by Commission (2) The Commission must consider the proposed amendment and, if it considers it appropriate to do so, conduct a public review in accordance with the by-laws and rules made under section 17 . Amendment proposed by Commission (3) The Commission may, on its own initiative, propose an amendment to a land use plan and must subsequently conduct a public review in accordance with the by-laws and rules made under section 17 . Proposed amendment to be made public (4) If the Commission conducts a public review in respect of a proposed amendment, the Commission must make the proposal public in a manner that is designed to promote public participation in its examination.
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Revision of amendment 60 The Commission must consider the submissions made during a public review in respect of a proposed amendment and may make any revisions to the proposed amendment that it considers appropriate.
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Submission of proposed amendment 61 (1) The Commission must submit the original or revised proposed amendment to the federal Minister, the territorial Minister and the designated Inuit organization with a written report of any public review and its recommendation as to whether the amendment should be accepted or rejected, in whole or in part. Exception (2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated.
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Decision — proposed amendment 62 (1) As soon as practicable after receiving the proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept the Commission’s recommendation jointly or reject it, in whole or in part, with written reasons. Revised proposal (2) If the Commission’s recommendation is rejected, in whole or in part, by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public review under subsections 59 (2) and (4) and section 60 that it considers necessary, make any changes it considers appropriate and submit a revised proposed amendment to the federal Minister, territorial Minister and designated Inuit organization. Decision — revised proposal (3) As soon as practicable after receiving a revised proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept it jointly or reject it with written reasons. Coming into force (4) Any amendment to a land use plan based on an original or revised proposal for amendment comes into force when it is approved under subsection (1) or (3). Publication (5) The Commission must make any amendment to a land use plan public.
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Nunavut Water Board 63 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62 (2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act .
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Municipalities 64 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62 (2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates.
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Factors to consider 65 In exercising their powers and performing their duties and functions under subsections 59 (2) and (3), section 60 and subsections 62 (1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47 , the requirements set out in section 48 and existing rights and interests.
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Commission 66 The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48 .
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Public hearing 67 The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17 .
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Duty — general 68 Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it.
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Existing parks and historic places 70 (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. 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). 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.
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Municipal plans — development 71 (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. Notice (2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan.
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Compatibility of plans 72 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.
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Definitions 73 (1) The following definitions apply in this Part. 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 Northern Affairs, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a). ( ministre compétent ) 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 ) 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. 2013, c. 14, s. 2 “73” 2019, c. 29, s. 374
Nunavut Planning and Project Assessment Act — N-28.75 (a)
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 Northern Affairs, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a). ( ministre compétent )
Nunavut Planning and Project Assessment Act — N-28.75
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 )
Nunavut Planning and Project Assessment Act — N-28.75 74
Prohibitions 74 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.