Nunavut Planning and Project Assessment Act — N-28.75 112
Reconsideration of terms and conditions 112 (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if (a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued; (b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions. Minister’s initiative (2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies. Notice (3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2). Conduct of reconsideration (4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances. Report (5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains (a) an assessment of the terms and conditions in force; and (b) any terms and conditions that it recommends should apply in respect of the project. Minister’s decision (6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), 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, under section 108 or 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 (7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project. Extension of time limit (8) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (6) by up to 90 days and must notify the proponent of the extension in writing. Notification by Minister (9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project. Amended project certificate (10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice.