GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 3
Inconsistency with Agreement 3 (1) In the event of any inconsistency or conflict between the Agreement and this Act or any regulation made under it, the Agreement prevails to the extent of the inconsistency or conflict. Inconsistency with other Acts (2) In the event of any inconsistency or conflict between this Act or any regulation made under it and any other Act of Parliament, except the Nunavut Land Claims Agreement Act , or any territorial law or any regulation made under that Act or that territorial law, this Act or its regulations prevail to the extent of the inconsistency or conflict. Limitation — orders (3) In the event of any inconsistency or conflict between an order made under section 214 and an order made by any person designated for the purposes of the administration and enforcement of any other Act of Parliament, any requirement imposed on the carrying out of a project by that Act or a term or condition in any licence, permit or other authorization issued under that Act, the order made under section 214 does not prevail over the other order, the requirement or the term or condition for the sole reason that the provisions of this Act prevail over any inconsistent provisions of any other Act of Parliament.
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Rights preserved 4 For greater certainty, nothing in this Act or its regulations, or in an original or amended project certificate or in any decision indicating that the assessment of a project is complete and that the proponent may carry it out constitutes a defence to a claim for loss or damage sustained by any person by reason of the carrying out of a project.
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Geographic application 5 (1) This Act applies to the designated area. Application outside designated area (2) This Act also applies to projects to be carried out wholly or partly outside the designated area and to impacts outside that area to the extent necessary to give effect to sections 80 , 98 , 113 , 133 , 156 to 162 , 168 and 185 to 187 .
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Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province.
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Impact Assessment Act 7 The Impact Assessment Act does not apply in respect of the designated area. 2013, c. 14, s. 2 “7” 2019, c. 28, s. 188
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Amendments to this Act 8 The federal Minister must consult closely with the territorial Minister, the designated Inuit organization, the Commission and the Board with respect to any amendment to this Act.
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Delegation to territorial Minister 9 (1) The federal Minister may delegate, in writing, to the territorial Minister any of the federal Minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation. However, the delegation must not abrogate or derogate from any Inuit rights under the Agreement. Notice (2) The federal Minister must notify the designated Inuit organization in writing of any delegation made under subsection (1).
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Continuance 10 The Nunavut Planning Commission, established under the Agreement, is continued under this Act.
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Members 11 (1) The federal Minister must appoint the members of the Commission, including the Chairperson. Composition (2) The following rules apply in respect of the appointment of members of the Commission, other than the Chairperson: (a) at least one member must be appointed on the nomination of the federal Minister; (b) at least one member must be appointed on the nomination of the territorial Minister; and (c) one half 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). Substitution (3) The organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2 (1) may, for the purpose of ensuring appropriate representation from any planning region in the preparation or amendment of a land use plan, nominate one or more persons to act in the place of an equivalent number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of that organization act in the place of the member or members identified by the organization. Areas of equal use and occupancy (4) If the Commission is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(c) and identified by the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2 (1). Residence requirement (5) At least one half of the members appointed under subsection (2) must reside in the designated area. Persons not eligible for appointment (6) Employees of a department or agency are not eligible to be members of the Commission.
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Chairperson 12 (1) After consultation with the territorial Minister, the Chairperson of the Commission is to be appointed from among the persons who are nominated by the Commission. Appointment of another member (2) If a member of the Commission is appointed Chairperson, the federal Minister must appoint another person to be a member of the Commission in accordance with section 11 .
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Acting after expiry of term 13 If a Commission member’s term expires before the review of a project by the Commission is complete, the member continues to act as a member in relation to that project until that review is complete. The Chairperson of the Commission must notify the federal Minister in writing of any member acting under this section.
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Additional powers, duties and functions 14 In addition to its powers, duties and functions specified elsewhere in this Act, the Commission must (a) monitor projects approved under Part 3 to verify that they are carried out in conformity with any applicable land use plan; (b) report annually in writing to the federal Minister, the territorial Minister and the designated Inuit organization on the implementation of the land use plan; (c) contribute to the development and review of marine policy in the Arctic; (d) exercise the powers and perform the duties and functions referred to in section 11.9.1 of the Agreement in relation to the cleanup of waste sites; and (e) exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization.
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Principles — section 11.2.1 of Agreement 15 The Commission must exercise its powers and perform its duties and functions with a view to fulfilling the objectives of the Agreement in relation to land use planning in accordance with the principles referred to in section 11.2.1 of the Agreement.
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Participation by telecommunications 16 Subject to the Commission’s by-laws and rules, a member of the Commission may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.
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Powers 17 (1) The Commission may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting (a) the calling of its meetings and sittings and the conduct of business at them; (b) the establishment of technical panels; (c) procedures for making submissions and complaints to the Commission; (d) procedures for collecting information and opinions, including procedures for conducting formal and informal public hearings and public reviews; (e) the form and content of descriptions to be submitted with respect to projects; and (f) the admissibility of evidence. Inuit traditions (2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision-making. Statutory Instruments Act (3) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act .
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Continuance 18 The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.
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Members 19 (1) The Board consists of nine members, including the Chairperson. Composition (2) The members of the Board, other than the Chairperson, must be appointed as follows: (a) two members must be appointed by the federal Minister; (b) four members must be appointed by the federal Minister on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2 (1); (c) one member must be appointed by the territorial Minister; and (d) one member must be appointed by one or more territorial ministers. Additional members (3) Despite subsection (1), additional members may be appointed for a specific purpose in the manner and in the proportions set out in subsection (2). Areas of equal use and occupancy (4) If the Board is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(b). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(b) and identified by the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2 (1).
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Chairperson 20 (1) After consulting with the territorial Minister, the federal Minister must appoint a Chairperson of the Board from among the persons nominated by the other members of the Board. If there are equally qualified nominees, the federal Minister must give preference to the nominees who reside in the designated area. Appointment of another member (2) If a member of the Board, appointed under any of paragraphs 19 (2)(a) to (d), is appointed Chairperson, the minister who appointed that member must appoint another person to be a member of the Board under that paragraph.
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Acting after expiry of term 21 If a Board member’s term expires before the screening or review of a project by the Board is complete, the member continues to act as a member in relation to that project until the screening or review is complete. The Chairperson of the Board must notify the federal Minister in writing of any member acting under this section.
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Additional powers, duties and functions 22 In addition to its powers, duties and functions specified elsewhere in this Act, the Board must exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization.
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Primary objectives 23 (1) The Board 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) In exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a), the Board must take into account the well-being of residents of Canada outside the designated area. Interpretation (3) For greater certainty, the Board must exercise its powers and perform its duties and functions under paragraphs 92 (2)(a), 104 (1)(c) and 112 (5)(b), section 124 and subsection 152 (4) in accordance with the objectives set out in subsection (1).
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Limitation — socio-economic benefits 24 The Board is not authorized to establish, in the exercise of its powers or the performance of its duties and functions, requirements relating to socio-economic benefits.
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Nunavut Settlement Area 25 (1) The Board must, whenever practicable, hold its meetings within the Nunavut Settlement Area. Participation by telecommunications (2) A member of the Board may, subject to the Board’s by-laws and rules, participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting. Request by members for meeting (3) The Chairperson must call a meeting of the Board within 21 days after receiving a written request for a meeting, indicating its purpose, from at least five members. Voting (4) Decisions of the Board must be made by a majority of votes, with each member, other than the Chairperson, having one vote. In the case of a tie vote, the Chairperson must cast the deciding vote. Quorum (5) Five members of the Board constitute a quorum.
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Powers 26 (1) The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting (a) the calling of meetings of the Board and the conduct of business at them; (b) the establishment of special and standing committees and the fixing of quorum for meetings of those committees; (c) procedures for making submissions and complaints to the Board; (d) procedures and guidelines for collecting information and opinions, including procedures for the conduct of public hearings by the Board or one of its panels; (e) the establishment of guidelines for the preparation of impact statements; (f) the establishment of guidelines respecting time limits for completing each step of a review that the Board carries out under Part 3 or 4; and (g) the admissibility of evidence in public hearings conducted by the Board or one of its panels. Inuit traditions (2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision making. Public hearings (3) By-laws and rules relating to the conduct of public hearings must (a) emphasize flexibility and informality to the extent that is consistent with the general application of the rules of procedural fairness and natural justice and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and (b) with respect to any classification of intervenors, allow a designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents. Statutory Instruments Act (4) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act .
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Establishment 27 (1) The Board may establish panels and delegate any of its powers, duties and functions to them. Chairperson (2) The Board must appoint a Chairperson for each panel. Composition (3) In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraph 19 (2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19 (2)(b).
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Vacancies during term 28 If a vacancy occurs during the term of a member of the Commission or the Board, other than a member appointed under subsection 19 (3), the minister who appointed the member must appoint another member as soon as practicable in accordance with section 11 or 19 , as the case may be.
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Term of office 29 (1) Members of the Commission and the Board, including the Chairpersons and any member appointed under section 28 , are appointed to hold office for a term of three years. Other members (2) Despite subsection (1), members appointed under subsection 11 (3) or (4) or 19 (3) or (4) are appointed to hold office for a term not exceeding three years. Reappointment (3) A member is eligible to be reappointed to the Commission or the Board in the same or another capacity.
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Oath of office 30 Before taking up their duties, members of the Commission and the Board must take the oath of office set out in Schedule 1 before a person who is authorized by law to administer oaths.
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Remuneration and expenses 31 (1) The members of the Commission and the Board must receive fair remuneration, as determined by the federal Minister, for the performance of their duties and must be paid any travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties and that are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act .
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Removal 32 A member of the Commission or the Board may be removed for cause by the minister who appointed the member. If the member was nominated by the designated Inuit organization or the territorial Minister, the federal Minister may remove the member only after consulting the designated Inuit organization or the territorial minister, as the case may be.
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Employment and remuneration 33 (1) The Commission and the Board may employ any officers and employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Commission or the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration. Workers’ compensation (2) An officer or employee of the Commission or the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act .
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Members 34 (1) A member of the Commission or the Board must not participate in a decision on a matter in which that member has a conflict of interest. Staff (2) An officer or employee of the Commission or the Board or agent, adviser or expert must not act in a matter in which that person has a conflict of interest. Status of Inuk (3) A member referred to in subsection (1) or a person referred to in subsection (2) is not placed in a conflict of interest solely because that member or person is an Inuk as defined in section 1.1.1 of the Agreement. Guidelines (4) Subject to any regulations made under paragraph 228 (1)(a) and any rules established by the Treasury Board, the Commission and the Board may issue guidelines regarding conflicts of interest in respect of their members or persons referred to in subsection (2).
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Status 35 (1) The Commission and the Board are institutions of public government. Property and contracts (2) The Commission and the Board may, for the purposes of conducting their business, (a) acquire property in their own names and dispose of the property; and (b) enter into contracts in their own names. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation.
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Nunavut Settlement Area 36 The head offices of the Commission and the Board must be in the Nunavut Settlement Area.
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Language of business 37 (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut. Public hearings and reviews (2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut. Members (3) Nothing in subsection (1) or (2) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut. Witnesses (4) The Commission or the Board has, in any proceedings before it, the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut and that, in being so heard, the witness will not be placed at a disadvantage by not being heard in another of those languages.