Nunavut Planning and Project Assessment Act — N-28.75 121
Public hearing 121 (1) A federal environmental assessment panel must hold a public hearing in respect of a project. Duty (2) The panel must take all necessary steps to promote public awareness of and 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. Informal proceedings (3) A panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of public hearings and in particular must (a) allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and (b) give due regard and weight to the Inuit traditions regarding oral communication and decision-making. Designated Inuit organization (4) A designated Inuit organization has full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents. Languages (5) The panel must conduct any public hearing in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the responsible Minister and, on request by a member, a proponent or an intervenor, in Inuktitut. Members (6) Nothing in subsection (5) 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 (7) The panel has 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. Summon witnesses, etc. (8) A panel has, in respect of public hearings, the power to summon any person to appear as a witness before the panel and to order the witness to (a) give evidence, orally or in writing; and (b) produce any documents or other things that the panel considers necessary to conduct its review of the project. Enforcement of attendance, etc. (9) A panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as a superior court. Hearing may be closed to public (10) A panel may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or other witness, that the evidence, documents or things to be disclosed in the hearing contain (a) confidential, personal, business proprietary or privileged information; or (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm. Non-disclosure (11) Evidence, documents or things referred to in subsection (10) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act. Enforcement of summonses and orders (12) A summons issued or an order made by a panel under subsection (8) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.