GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 120
Impact statement — guidelines 120 (1) A federal environmental assessment panel must issue guidelines in respect of the preparation of a statement by the proponent on the ecosystemic and socio-economic impacts of the project. Exception (2) Despite subsection (1), a panel need not issue guidelines if it is of the opinion that the information contained in the description of the project or information submitted 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 the types of information referred to in subsection 101 (3) that the proponent must include in the impact statement. Comments — Board (4) The panel must send a draft of the guidelines to the Board, and the Board must provide its comments on them to the panel. Comments — departments or agencies, etc. (5) The panel 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. Consultation (6) After receiving the Board’s comments and after allowing a reasonable period for the submission of comments under subsection (5), the panel 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 (7) The proponent must submit an impact statement prepared in accordance with the guidelines to the panel. Recommendations — Board (8) As soon as practicable after receiving the impact statement, the panel must send it to the Board so that the Board has sufficient time to analyse the statement and provide its concerns or recommendations to the panel no later than five days before the public hearing. Recommendations taken into account (9) The panel must take into account the Board’s concerns and recommendations with respect to the impact statement.
Nunavut Planning and Project Assessment Act — N-28.75 122
Factors to consider 122 (1) In conducting a review of a project, a federal environmental assessment panel 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 while 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) 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 sections 97 and 117 ; (p) the concerns and recommendations referred to in subsection 120 (8); and (q) any other matter within its jurisdiction that, in its opinion, should be considered. Significance of impacts (2) In determining the significance of impacts for the purposes of paragraph (1)(i), the panel must take into account the factors set out in paragraphs 90 (a) to (j). Knowledge (3) In its review of a project, the panel must take into account any traditional knowledge or community knowledge provided to it.
Nunavut Planning and Project Assessment Act — N-28.75 123
Report — panel 123 (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment 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. Report made public (2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public. Extension of time limit (3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing.
Nunavut Planning and Project Assessment Act — N-28.75 124
Conclusions — Board 124 Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including (a) any deficiencies that it has identified in the panel’s report; (b) any additional information that it recommends should be obtained; (c) its determination as to whether the project should or should not proceed; and (d) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project, including mitigative measures.
Nunavut Planning and Project Assessment Act — N-28.75 125
Determination to proceed 125 If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either (a) agree with that determination and either (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124 (d), or (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or (b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest.
Nunavut Planning and Project Assessment Act — N-28.75 126
Determination not to proceed 126 If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’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-28.75 127
Report — rejection of conditions 127 (1) Within 30 days after a decision is made under subparagraph 125 (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 that the panel had recommended, make any changes it considers appropriate and submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project. Report — rejection of determination (2) Within 30 days after a decision is made under paragraph 126 (b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written 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 — terms and conditions (3) The responsible Minister must, within 120 days after receiving a report made under subsection (1) or (2), in respect of each recommended term or condition 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-28.75 128
Socio-economic terms and conditions 128 Despite paragraphs 125 (a) and 127 (3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board 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-28.75 129
Consultation 129 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 125 or 126 , subsection 127 (3) or (4) or section 128 .
Nunavut Planning and Project Assessment Act — N-28.75 130
Approval of Governor in Council 130 Any decision of the responsible Minister made under subparagraph 125 (a)(i), paragraph 125 (b) or 126 (a), subsection 127 (3) or (4) or section 128 in relation to a project referred to in subparagraph 94 (1)(a)(i) requires the approval of the Governor in Council.
Nunavut Planning and Project Assessment Act — N-28.75 131
Notification by Minister 131 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with sections 125 to 130 , that are to apply in respect of a project.
Nunavut Planning and Project Assessment Act — N-28.75 132
Project certificate 132 (1) Within 30 days after receiving the notice under section 131 , the Board must issue a project certificate that sets out the terms and conditions contained in that notice. Application of subsections 111 (2) to (4) (2) Subsections 111 (2) to (4) apply in respect of the project certificate issued under subsection (1). Extension of time limit (3) 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. Reconsideration of terms and conditions (4) Sections 112 and 114 apply in respect of the review of the terms and conditions and the issuance of an amended project certificate, and in paragraph 112 (6)(b) the reference to section 108 is a reference to section 128 .
Nunavut Planning and Project Assessment Act — N-28.75 133
Location of impacts 133 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 120 to 132 .
Nunavut Planning and Project Assessment Act — N-28.75 134
Prescribed standards 134 In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of a project, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by any environmental or socio-economic Act of Parliament of general application or territorial law of general application or by any regulation of general application made under such an Act or law.
Nunavut Planning and Project Assessment Act — N-28.75 135
Impacts of project 135 (1) The responsible Minister may, in establishing terms and conditions that are to apply in respect of a project, require the establishment of a monitoring program of the project’s ecosystemic and socio-economic impacts. Responsibilities (2) The Government of Canada, the Government of Nunavut, the Board and the proponent must each carry out any responsibilities assigned to them under the monitoring program. Purpose of program (3) The purpose of a monitoring program is to (a) measure the impact of the project on the ecosystemic and socio-economic environments of the designated area; (b) determine whether the project is carried out in accordance with the terms and conditions imposed under subsection 152 (6) or set out in the original or amended project certificate; (c) provide the information necessary for regulatory authorities to enforce the terms and conditions of licences, permits or other authorizations that they issue in relation to the project; and (d) assess the accuracy of the predictions contained in the project impact statement. Requirements of program (4) A monitoring program must specify the elements to be monitored and may include the requirement that (a) regulatory authorities and the proponent provide the Board with information respecting the activities relating to a project, its impacts and the implementation of any mitigative measures; (b) the Board carry out periodic evaluations of the program; and (c) the Board produce a report of the adequacy of the program, based on the information obtained under paragraph (b), and on the ecosystemic and socio-economic impacts of the project. Other responsibilities (5) For greater certainty, federal and territorial ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law. No duplication of responsibilities (6) There must be no duplication of responsibilities between those assigned to the Board under a monitoring program and those referred to in subsection (5).
Nunavut Planning and Project Assessment Act — N-28.75 136
Duty — general 136 (1) Each federal or territorial minister, each department or agency and each municipality must, to the extent of their jurisdiction and authority to do so, implement the terms and conditions that are set out in an original or amended project certificate. Limit to duty (2) Nothing in subsection (1) requires the amendment of any Act of Parliament or territorial law or any regulation as defined in section 1.1.1 of the Agreement.
Nunavut Planning and Project Assessment Act — N-28.75 137
Duty — licences, etc. 137 (1) Each regulatory authority must, to the extent of its jurisdiction and authority to do so, incorporate the terms and conditions referred to in subsection 136 (1) into any licence, permit or other authorization that it issues. Other terms and conditions (2) For greater certainty, a regulatory authority may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in subsection 136 (1) and subsection (1) does not prevent a regulatory authority from refusing to issue a permit, licence or other authorization. Consultation (3) A regulatory authority must consult the Board with a view to determining the most effective means of implementing the terms and conditions referred to in subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Board in order to obtain its comments and recommendations. Copy to Board and Commission (4) A regulatory authority must send a copy of each licence, permit or other authorization referred to in subsection (1) to the Board and the Commission, unless the Board or the Commission, as the case may be, exempts that authority from the requirement to provide it with copies. Validity of licence, etc. (5) The validity of a licence, permit or other authorization is not to be challenged before a court on the grounds that a regulatory authority fettered its discretion or acted without jurisdiction by incorporating the terms and conditions referred to in subsection (1) into it.
Nunavut Planning and Project Assessment Act — N-28.75 138
Prevailing terms and conditions 138 Terms and conditions referred to in subsection 136 (1) prevail over any conflicting terms and conditions set out in any decision of a regulatory authority.
Nunavut Planning and Project Assessment Act — N-28.75 139
Decision of independent regulatory agency 139 (1) If there is an inconsistency between the terms and conditions referred to in subsection 136 (1) and those set out in a decision of an independent regulatory agency, that agency must communicate the reasons for the inconsistency to the responsible Minister, the Board and the Governor in Council. Exception — prevailing terms and conditions (2) Despite section 138 , if there is a conflict between the terms and conditions referred to in subsection 136 (1) and those set out in a decision of an independent regulatory agency, the terms and conditions set out in the decision of the independent regulatory agency prevail if (a) the government does not have the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest; or (b) the government has the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest and implementing the terms and conditions referred to in subsection 136 (1) would undermine the viability of the project. Amended certificate (3) Within 45 days after the day on which a decision is made by the Governor in Council under paragraph (2)(a) or (b), the Board must issue an amended project certificate and the terms and conditions set out in the certificate must be consistent with those set out in the decision of the independent regulatory agency. Non-application of subsections (2) and (3) (4) For greater certainty, subsections (2) and (3) do not apply if the terms and conditions are varied under section 112 and, as a result, the conflict referred to in subsection (2) is resolved. Definition (5) For the purposes of this section, decision of an independent regulatory agency means a decision made by any body established under a federal or territorial law under a power conferred on it to regulate or to issue licences, permits or other authorizations if that body is not subject to specific direction or control by the Government of Canada or Government of Nunavut. Interpretation (6) A decision (a) does not cease to be a decision of an independent regulatory agency solely because (i) it is subject to general direction by the Government of Canada or the Government of Nunavut through the issuance of guidelines, regulations or directives, or (ii) it is subject to the approval of, or may be varied or rescinded by, the Government of Canada or the Government of Nunavut; and (b) ceases to be a decision of an independent regulatory agency if the Government in question varies it before reasons are communicated under subsection (1).
Nunavut Planning and Project Assessment Act — N-28.75 140
Inuit Impact and Benefit Agreements 140 Any Inuit Impact and Benefit Agreement entered into by a proponent and the designated Inuit organization under Article 26 of the Agreement must be consistent with the terms and conditions set out in an original or amended project certificate.
Nunavut Planning and Project Assessment Act — N-28.75 141
Notice — proponent 141 (1) A proponent must, as soon as practicable, notify the Commission in writing of any significant modification to a project that is under assessment under this Part. The notice must include a description of the modification that is prepared in accordance with the by-laws and rules made under paragraph 17 (1)(e). New assessment (2) On receipt of a notice under subsection (1), the assessment of the original project is terminated and an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under 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 modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.
Nunavut Planning and Project Assessment Act — N-28.75 142
Notice — authority assessing project 142 (1) If, in the exercise of its powers or the performance of its duties and functions under this Part, the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, it must, as soon as practicable, notify the proponent in writing of the requirement set out under subsection 141 (1). Termination of assessment (2) If the proponent does not provide a notice under subsection 141 (1) within 30 days after the day on which the notice was given under subsection (1), the assessment of the project is terminated. Interpretation (3) For greater certainty, the proponent may submit a project proposal in relation to the modified project in accordance with section 76 . Consideration of previous assessment (4) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project.