GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Planning and Project Assessment Act — N-28.75 168
Project exempt from screening 168 (1) If a project is exempt from screening and the responsible authority has concerns in respect of any 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 inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project. No concerns — cumulative impacts (2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject 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, carry out the project. Location of impacts (3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 169
Time limit 169 (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165 . Time not counted — additional information (2) Any time required for the proponent to provide information required under subsection 144 (1) as modified by paragraph 170 (a) does not count as part of the period referred to in subsection (1).
Nunavut Planning and Project Assessment Act — N-28.75 170
), the reference to sections 77 to 79 is a reference to sections 165 to 167 and the references respecting sections 81 , 82 and 85 do not apply; (s) in subsection 157 (1), the reference to sections 86 to 98 is a reference to paragraph (e), subsections 86 (1) and (2) and sections 87 to 98 , taking into account any modifications made to those provisions under this section; (t) in subsection 157 (2), the reference to subsection 86 (3) is a reference to paragraph (e) and the reference to section 87 is a reference to that section as modified by paragraph (d); (u) in subsection 158 (2), the reference to subsection 99 (3) is a reference to paragraph (e) and the reference to sections 100 to 114 is a reference to those sections, taking into account any modifications made to them under this section; (v) in subsection 158 (3), the reference to subsection 99 (3) is a reference to paragraph (e) and the reference to section 100 is a reference to that section as modified by paragraph (d); (w) in subsection 161 (3), the reference to sections 116 to 133 is a reference to paragraphs (i) and (j), sections 116 and 117 , subsections 118 (1) and (2) and sections 120 to 133 ; (x) in subsection 161 (4), the references to subsection 118 (3) and section 119 are, respectively, references to paragraphs (i) and (j); and (y) in subsections 162 (1) and (4), the references to subsections 161 (3) and (4) are references to those subsections as modified by paragraphs (w) and (x).
Nunavut Planning and Project Assessment Act — N-28.75 171
Project partly outside park, etc. 171 If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, (a) sections 76 , 80 , 164 and 168 apply in respect of the entire project; (b) sections 163 and 165 to 167 apply only in respect of the portion of the project to be carried out inside the park or historic place; and (c) sections 77 to 79 , 81 , 82 and, subject to paragraph (a), 85 apply only in respect of the portion of the project that is to be carried out outside the park or historic place.
Nunavut Planning and Project Assessment Act — N-28.75 172
Projects inside certain conservation areas 172 Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency.
Nunavut Planning and Project Assessment Act — N-28.75 173
Ministerial initiative 173 If a federal or territorial minister proposes an initiative referred to in subsection 174 (1), a reference to a department or agency in subsections 174 (1) and (3), 177 (6) and 178 (1) and (4), section 180 and paragraph 182 (a) is a reference to that minister.
Nunavut Planning and Project Assessment Act — N-28.75 174
Duty — department or agency 174 (1) The department or agency proposing an initiative whose purpose is to establish or abolish a park or a conservation area, in whole or in part inside the designated area, or to expand or reduce its area, in whole or in part within the designated area, must submit a proposal to the Commission. Content of proposal (2) The proposal must contain a description of the initiative prepared in accordance with the by-laws and rules made under paragraph 17 (1)(e). Notice (3) The Commission must publish in its public registry a notice of receipt for the initiative. That notice must contain a summary of the initiative, including a description of its nature and an indication of where it is to be carried out, and the name of the department or agency.
Nunavut Planning and Project Assessment Act — N-28.75 175
Conformity with plan 175 (1) The Commission must determine if an initiative is in conformity with any land use plan that is applicable to the place where the initiative is to be carried out. Multiple plans (2) If different portions of the initiative are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the initiative is not in conformity with the land use plan applicable to it, the entire initiative is deemed not to be in conformity.
Nunavut Planning and Project Assessment Act — N-28.75 176
Initiative in conformity with plan 176 If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening.
Nunavut Planning and Project Assessment Act — N-28.75 177
Initiative not in conformity with plan 177 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48 (3), if any, are met. Minor variance permitted (2) If the land use plan authorizes the granting of a minor variance and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the initiative is not in conformity with the plan, (a) grant the variance, in which case it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or (b) refuse to grant the variance. Publication (3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public. Objection (4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission, in writing, that the proposed minor variance should not be granted because (a) the land use plan does not authorize the granting of the minor variance; (b) the conditions subject to which a minor variance may be granted are not met; or (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify. Reasons taken into account and public review (5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review. Extension of time limit (6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the department or agency of the extension in writing.
Nunavut Planning and Project Assessment Act — N-28.75 178
Request for ministerial exemption 178 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, the department or agency may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or (b) the Commission’s decision to refuse to grant a minor variance. Ministerial decision (2) The Minister or Ministers, as the case may be, must, within 120 days after the day on which they receive a request under subsection (1), either (a) grant the exemption, in which case the Commission must make the decision public and send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or (b) refuse the exemption. Consultation (3) An exemption may only be granted after consultation with the Commission, the relevant regulatory authorities and the relevant departments or agencies that are not regulatory authorities. Extension of time limit (4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the department or agency and the Commission of the extension in writing.
Nunavut Planning and Project Assessment Act — N-28.75 179
Time limit 179 (1) The Commission must exercise its powers and perform its duties and functions under sections 175 and 176 within 45 days after the day on which it receives the proposal in respect of the initiative. Time not counted (2) If the Commission determines that an initiative is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties and functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1). Time not counted — public review (3) If the Commission conducts a public review under subsection 177 (5), any time required to conduct it does not count as part of the period referred to in subsection 177 (2).
Nunavut Planning and Project Assessment Act — N-28.75 180
Time not counted — additional information 180 Any time required for the department or agency to provide information required under subsection 144 (1) as modified by paragraph 182(a) does not count as part of the periods referred to in subsections 177 (2) and (4) and 179 (1).
Nunavut Planning and Project Assessment Act — N-28.75 181
Sending of proposal 181 If there is no applicable land use plan, the Commission must, within 10 days after the day on which it receives the proposal in respect of the initiative, send the proposal to the Board in order for the Board to conduct a screening.
Nunavut Planning and Project Assessment Act — N-28.75 182
king into account any modifications made to those sections under this section; (t) in subsection 157 (2), the reference to section 87 is a reference to paragraph (f); (u) in subsection 158 (2), the reference to subsection 99 (3) is a reference to that subsection as modified by paragraph (e), the reference to sections 100 to 114 is a reference to paragraph (i) and sections 101 to 114 , taking into account any modifications made to those sections under this section; (v) in subsection 158 (3), the reference to subsection 99 (3) is a reference to that subsection as modified by paragraph (e), and the reference to section 100 is a reference to paragraph (i); (w) in subsection 161 (3), the reference to sections 116 to 133 is a reference to those sections, taking into account any modifications made to those sections under this section; (x) in subsection 161 (4), the reference to subsection 118 (3) is a reference to that subsection as modified by paragraph (e) and the reference to section 119 is a reference to that section as modified by paragraph (j); and (y) in subsections 162 (1) and (4), the references to subsections 161 (3) and (4) are references to those subsections as modified by paragraphs (w) and (x).
Nunavut Planning and Project Assessment Act — N-28.75 183
Consideration 183 The person or body exercising powers or performing duties or functions under sections 174 to 182 may consider, and rely on, any information collected, or study or analysis carried out, in respect of the initiative by any department or agency so as to ensure efficiency and avoid duplication.
Nunavut Planning and Project Assessment Act — N-28.75 184
Initiative 184 In this Part, project includes an initiative whose purpose is to establish or abolish a park or a conservation area or to expand or reduce its area.
Nunavut Planning and Project Assessment Act — N-28.75 185
Review by Board 185 The Board may — at the request of the Government of Canada or the Government of Nunavut or, with the consent of both governments, of the designated Inuit organization — conduct a review of a project that is to be carried out entirely outside the designated area and may have significant adverse ecosystemic or socio-economic impacts inside the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 186
Report 186 Within 45 days after the end of the Board’s review of a project, the Board must submit to the Government of Canada and the Government of Nunavut, and to the designated Inuit organization if the review was conducted at its request, a written report that contains (a) its assessment of the project and the project’s ecosystemic and socio-economic impacts inside the designated area; (b) its determination, based on the assessment referred to in paragraph (a), 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.
Nunavut Planning and Project Assessment Act — N-28.75 187
Follow-up 187 The Government of Canada and the Government of Nunavut must each take any action in response to the report that it considers appropriate in the circumstances.
Nunavut Planning and Project Assessment Act — N-28.75 188
Interpretation 188 For greater certainty, sections 185 to 187 do not limit the jurisdiction of any other authority having powers, duties or functions in relation to the review of the impacts of the project.
Nunavut Planning and Project Assessment Act — N-28.75 189
Initiative 189 (1) In this Part, in the case of an initiative referred to in subsection 174 (1), a reference to a project is a reference to the initiative and a reference to a proponent is a reference to the department or agency — or, by application of section 173 , the federal or territorial minister — proposing that initiative. Definitions (2) The following definitions apply in this Part. responsible authority has the same meaning as in section 163 . ( autorité compétente ) responsible Minister has the same meaning as in subsection 73 (1). ( ministre compétent )
Nunavut Planning and Project Assessment Act — N-28.75
responsible authority has the same meaning as in section 163 . ( autorité compétente )
Nunavut Planning and Project Assessment Act — N-28.75
responsible Minister has the same meaning as in subsection 73 (1). ( ministre compétent )
Nunavut Planning and Project Assessment Act — N-28.75 190
Standing — certain Indian bands 190 In the exercise of their powers and the performance of their duties and functions related to review under Parts 2 to 4, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to the councils of the Fort Churchill Indian Band, the Northlands Indian Band, the Black Lake Indian Band, the Hatchet Lake Indian Band and the Fond du Lac Indian Band to make submissions respecting the interests of their respective bands in relation to the areas within the designated area that those bands have traditionally used and continue to use and those bodies must take those submissions into account.
Nunavut Planning and Project Assessment Act — N-28.75 191
Standing — Makivik 191 In the exercise of their powers and the performance of their duties and functions in relation to islands and marine areas of the Nunavut Settlement Area that are traditionally used and occupied by the Inuit of Northern Quebec, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to Makivik to make submissions respecting the interests of the Inuit of northern Quebec and those bodies must take those submissions into account.
Nunavut Planning and Project Assessment Act — N-28.75 192
Commission and Board 192 The Commission and the Board may coordinate their respective activities.
Nunavut Planning and Project Assessment Act — N-28.75 193
Nunavut Water Board 193 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel must coordinate their respective activities relating to the review of a project requiring a licence under the Nunavut Waters and Nunavut Surface Rights Tribunal Act with those of the Nunavut Water Board so as to ensure efficiency and avoid duplication.
Nunavut Planning and Project Assessment Act — N-28.75 194
Similar institutions 194 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel may coordinate their respective activities with those of bodies having similar powers, duties or functions in any area in or adjacent to the designated area.
Nunavut Planning and Project Assessment Act — N-28.75 195
Agreement — impacts outside designated area 195 (1) The Government of Canada and the Government of Nunavut must, with the assistance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collaboration between the Board, any federal environmental assessment panel and those governments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area. Interpretation (2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board.
Nunavut Planning and Project Assessment Act — N-28.75 196
Advice regarding marine areas 196 The Commission and the Board may advise departments or agencies and make recommendations to them respecting marine areas, either individually or, as part of the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, both acting jointly with the Nunavut Water Board and the Nunavut Wildlife Management Board, and the Government of Canada and the Government of Nunavut must consider that advice and those recommendations when making any decision that may affect those marine areas.
Nunavut Planning and Project Assessment Act — N-28.75 197
Required information 197 (1) If a regulatory authority or a department or agency or municipality that is not a regulatory authority is in possession of specialist or expert information or knowledge, including traditional knowledge, it must, at the request of the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, make that information or knowledge available to them if they require it to exercise their powers or perform their duties or functions. Limitation — discretion (2) Despite subsection (1), if a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under any other Act of Parliament or any territorial law to refuse to disclose the information or knowledge, they are not required to disclose it. Exercise of discretion (3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement.
Nunavut Planning and Project Assessment Act — N-28.75 198
Limitation — restriction on disclosure 198 Despite any other provision of this Act, proponents, regulatory authorities and departments or agencies that are not regulatory authorities are not required to provide the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel, the responsible Minister or any person designated under section 209 with any information whose disclosure is restricted under any other Act of Parliament or any territorial law.
Nunavut Planning and Project Assessment Act — N-28.75 199
Limitation — use for exercising powers, etc. 199 The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act.
Nunavut Planning and Project Assessment Act — N-28.75 200
any decision made under subsection 82 (2) or 178 (2). Decisions and reports — Minister (6) The federal Minister must provide (a) the relevant regulatory authorities with any report submitted under subsection 152(2); and (b) the person or entity referred to in subsection 152 (2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152 (6). Decisions and reports — joint panel (7) Each joint panel must provide (a) the proponent, the authority referred to in paragraph 160 (1)(b) and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1); and (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision it makes under subsection 142 (1). Decisions and reports — responsible authority (8) Each responsible authority must provide (a) the Board and the relevant regulatory authorities with any report submitted under subsection 152 (3); (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 165 , subsection 166 (1) or section 168 ; and (c) in the case of a decision made under subsection 168 (2), the project proposal to the regulatory authorities identified by the proponent. Interpretation (9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164 (1), a reference to the Commission is a reference to the responsible authority.