C-25
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-25
An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts
first reading, May 12, 2010
MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT, FEDERAL INTERLOCUTOR FOR MÉTIS AND NON-STATUS INDIANS AND MINISTER OF THE CANADIAN NORTHERN ECONOMIC DEVELOPMENT AGENCY
90559
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts”.
SUMMARY
This enactment implements certain provisions of Articles 10 to 12 of the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT RESPECTING LAND USE PLANNING AND THE ASSESSMENT OF ECOSYSTEMIC AND SOCIO-ECONOMIC IMPACTS OF PROJECTS IN THE NUNAVUT SETTLEMENT AREA AND MAKING CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
       
Preamble       
SHORT TITLE
1.       Nunavut Planning and Project Assessment Act
INTERPRETATION
2.       Definitions
3.       Inconsistency with Agreement
4.       Rights preserved
APPLICATION
5.       Geographic application
6.       Binding on Her Majesty
7.       Canadian Environmental Assessment Act
CONSULTATION
8.       Amendments to this Act
DELEGATION
9.       Delegation to territorial Minister
PART 1
COMMISSION AND BOARD
The Nunavut Planning Commission
Constitution
10.       Continuance
11.       Members
12.       Chairperson
13.       Acting after expiry of term
Powers, Duties and Functions
14.       Additional powers, duties and functions
15.       Principles — section 11.2.1 of Agreement
Meetings
16.       Participation by telecommunications
By-laws and Rules
17.       Powers
The Nunavut Impact Review Board
Constitution
18.       Continuance
19.       Members
20.       Chairperson
21.       Acting after expiry of term
Powers, Duties and Functions
22.       Additional powers, duties and functions
23.       Primary objectives
24.       Limitation — socio-economic benefits
Meetings
25.       Nunavut Settlement Area
By-laws and Rules
26.       Powers
Panels
27.       Establishment
General provisions — Commission and Board
Members
28.       Vacancies during term
29.       Term of office
30.       Oath of office
31.       Remuneration and expenses
32.       Removal
Staff
33.       Employment and remuneration
Conflict of Interest
34.       Members
Status and General Powers
35.       Status
Head Office
36.       Nunavut Settlement Area
Languages
37.       Language of business
By-laws and Rules
38.       Pre-publication
Financial Provisions
39.       Annual budget
PART 2
LAND USE PLANNING
Interpretation
40.       Definition of “land”
Policies, Priorities and Objectives
41.       Designated area
42.       Planning regions
43.       Consultations
44.       Principles and factors
45.       Public hearing
Land Use Plans
General Provisions
46.       Duty
47.       Purposes of plan
48.       Contents of plan
Development
49.       Preparation of draft
50.       Draft to be made public
51.       Public hearing
52.       Revision — draft plan
53.       Submission — draft plan
54.       Decision — draft plan
55.       Approval — plan
56.       Nunavut Water Board
57.       Municipalities
58.       Factors to consider
Amendment
59.       Proposal for amendment
60.       Revision of amendment
61.       Submission of proposed amendment
62.       Decision — proposed amendment
63.       Nunavut Water Board
64.       Municipalities
65.       Factors to consider
Periodic Review
66.       Commission
67.       Public hearing
Implementation
68.       Duty — general
69.       Duty — licences, etc.
Parks and Conservation Areas
70.       Existing parks and historic places
Municipalities
71.       Municipal plans — preparation
72.       Compatibility of plans
PART 3
ASSESSMENT OF PROJECTS TO BE CARRIED OUT IN THE DESIGNATED AREA
Interpretation
73.       Definitions
Compliance
74.       Prohibitions
75.       Regulatory authorities
Review by Commission
Project Proposal
76.       Duty — proponent
Land Use Plan in Effect
Determination
77.       Conformity with plan
Project in Conformity with Land Use Plan
78.       Verification — screening
79.       Project not exempt from screening
80.       Project exempt from screening
Project Not in Conformity With Land Use Plan
81.       Minor variance
82.       Request for ministerial exemption
Time Limit
83.       Performance of certain functions
84.       Time not counted — additional information
No Land Use Plan
85.       Verification — screening
Screening By Board
86.       Scope of project
87.       Screening
88.       Purpose of screening
89.       Project to be reviewed
90.       Significance of impacts — factors
91.       Project to be modified or abandoned
92.       Report — Board
93.       Board determines review not necessary
94.       Board determines review necessary
95.       Board determines project be modified or abandoned
96.       Particular issues or concerns — Board
97.       Particular issues or concerns — panel
98.       Location of impacts
Review
Board
99.       Scope of project
100.       Review
101.       Impact statement — guidelines
102.       Conduct of review
103.       Factors to consider
104.       Report — Board
105.       Determination to proceed
106.       Determination not to proceed
107.       Revised report — rejection of conditions
108.       Socio-economic terms and conditions
109.       Consultation
110.       Notification by Minister
111.       Project certificate
112.       Reconsideration of terms and conditions
113.       Location of impacts
114.       Priority
Federal Environmental Assessment Panel
115.       Establishment
116.       Primary objectives
117.       Terms of reference
118.       Scope of project
119.       Review
120.       Impact statement — guidelines
121.       Public hearing
122.       Factors to consider
123.       Report — panel
124.       Conclusions — Board
125.       Determination to proceed
126.       Determination not to proceed
127.       Report — rejection of conditions
128.       Socio-economic terms and conditions
129.       Consultation
130.       Approval of the Governor in Council
131.       Notification by Minister
132.       Project certificate
133.       Location of impacts
Project Terms and Conditions
Compatibility
134.       Prescribed standards
Monitoring Programs
135.       Impacts of project
Implementation
136.       Duty — general
137.       Duty — licences, etc.
138.       Prevailing terms and conditions
139.       Decision of an independent regulatory agency
140.       Inuit Impact and Benefit Agreements
General Provisions
Modifications to Project During Assessment
141.       Notice — proponent
142.       Notice — authority assessing project
Suspension of Assessment
143.       Request — proponent
144.       Additional information
Modifications to Project After Assessment
145.       Modification not significant
146.       Significant modification
Projects not carried out
147.       New assessment
Consultations
148.       Consultation — Minister
Multiple Responsible Ministers
149.       Joint exercise of powers, etc.
Reasons for Decisions
150.       Written reasons
Special Cases
National Security
151.       Non-application of this Part
Emergency Situations
152.       Non-application of this Part
Community Resupply And Ship Movements
153.       No screening
Exploration or Development Activities
154.       Exception
155.       Exception — Nunavut Water Board
Transboundary Projects
Review by Commission
156.       Application — entire project
Screening By Board
157.       Application — entire project
Review
Board
158.       Scope of project
159.       Agreement — coordination
Federal Environmental Assessment Panel or Joint Panel
160.       Ministerial decision
161.       Federal environmental assessment panel
162.       Joint panel
Parks and Conservation Areas
Projects
163.       Definition of “responsible authority”
164.       Project proposal
165.       Conformity with requirements
166.       Verification — screening
167.       Project not exempt from screening
168.       Project exempt from screening
169.       Time limit
170.       Application of certain provisions
171.       Project partly outside a park, etc.
172.       Projects inside certain conservation areas
Establishment, Abolition and Alteration of Area
Interpretation
173.       Ministerial initiative
Proposal
174.       Duty — department or agency
Land Use Plan in Effect
175.       Conformity with plan
176.       Initiative in conformity with land use plan
177.       Initiative not in conformity with land use plan
178.       Request for ministerial exemption
179.       Time limit
180.       Time not counted — additional information
No Land Use Plan
181.       Sending of proposal
Applicable Regime
182.       Application of certain provisions
Previous Work
183.       Consideration
PART 4
REVIEW OF PROJECTS TO BE CARRIED OUT OUTSIDE THE DESIGNATED AREA
184.       Initiative
185.       Review by Board
186.       Report
187.       Follow-up
188.       Interpretation
PART 5
GENERAL PROVISIONS
Interpretation
189.       Initiative
Standing during assessment
190.       Standing — certain Indian bands
191.       Standing — Makivik
Coordination of Activities
192.       Commission and Board
193.       Nunavut Water Board
194.       Similar institutions
195.       Agreement — impacts outside designated area
196.       Advice regarding marine areas
Information and Documents
Obtaining Information
197.       Required information
198.       Limitation — restriction on disclosure
Use of Information
199.       Limitation — use relating to exercise of powers, etc.
Communication of Information and Documents
200.       Decisions and reports — Commission
201.       Public registry — Commission
202.       Public registry — Board
203.       Joint registry
204.       Limitation
205.       Prevention of unauthorized disclosure
206.       Exercise of discretion
Rights Preserved
207.       Approval or amendment during assessment
208.       Stoppage, etc. — less than five years
Administration and Enforcement
Designation
209.       Power to designate
Powers
210.       Authority to enter
211.       Warrant for dwelling-house
212.       Entering private property
213.       Use of force
Orders
214.       Measures required
Coordination
215.       Activities — designated persons
Injunction
216.       Court — powers
Prohibitions, Offences and Punishment
217.       Obstruction
218.       False statements or information
219.       Offence and punishment
Judicial Matters
Court Jurisdiction
220.       Judicial review — concurrent jurisdiction
221.       Court reference
222.       Standing
223.       Decisions final
Immunity
224.       Things done in good faith
225.       Disclosure made in good faith
Time Limits
226.       Authority, etc.
General Monitoring
227.       Plan
Regulations and Orders
228.       Regulations
229.       Schedule 2
230.       Schedule 3
PART 6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
231.       Members and employees
232.       Policies, priorities and objectives for land use planning
233.       Land use plans
234.       Municipal land use plans
235.       Projects — assessment under Agreement
Consequential Amendments
236.       Access to Information Act
237-241.       Nunavut Waters and Nunavut Surface Rights Tribunal Act
242.       Privacy Act
Coming into Force
243.       Order in Council
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
.vis1 {position: absolute;display:block;}
.vis2 {position: static;}
3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-25
An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts
Preamble
Whereas Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that came into force on July 9, 1993 on its ratification by both parties;
And whereas the Nunavut Planning Commission and the Nunavut Impact Review Board were established under that agreement, which provides that the substantive powers, functions, duties and objectives of those institutions of public government must be set out in statute;
And whereas it is desirable to set out a regime for land use planning and project assessment that recognizes the importance of responsible economic development and conservation and protection of the ecosystems and that encourages the well-being and self-reliance of the Inuit and other residents of the designated area, taking into account the interests of all Canadians;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Nunavut Planning and Project Assessment Act.
INTERPRETATION
Definitions
2. (1) The following definitions apply in this Act.
“Agreement”« accord »
“Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under it.
“Board”Version anglaise seulement
“Board” means the Nunavut Impact Review Board referred to in section 18.
“Commission”Version anglaise seulement
“Commission” means the Nunavut Planning Commission referred to in section 10.
“conservation area”« aire de préservation »
“conservation area” means an area listed in Schedule 9-1 to the Agreement and any of the following:
(a) a wildlife area established under the Canada Wildlife Act;
(b) a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26;
(c) a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994;
(d) a wetland of international importance, as defined in Article 2 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, concluded at Ramsar on February 2, 1971 and in force in Canada on May 15, 1981, that is designated by the Government of Canada;
(e) a marine protected area designated under paragraph 35(3)(a) of the Oceans Act;
(f) a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act;
(g) a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act;
(h) a historic place designated under the Historic Sites and Monuments Act;
(i) a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and
(j) any other area of particular significance for ecological, cultural, archaeological, research or similar reasons, if established under an Act of Parliament or territorial law.
“department or agency”« ministère ou organisme »
“department or agency” means
(a) a department, agency or other portion of the federal public administration; and
(b) a department, agency or other division of the public service of Nunavut.
“designated area”« région désignée »
“designated area” means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone.
“designated Inuit organization”« organisation inuite désignée »
“designated Inuit organization” means 
(a) Tunngavik or, in respect of a provision of this Act, the organization designated in the public record, which is maintained by Tunngavik under the Agreement, as being responsible for the exercise of any power or the performance of any duty or function under the corresponding provision of the Agreement; or
(b) in respect of Inuit owned lands in the areas of equal use and occupancy, Makivik acting jointly with the organization determined under paragraph (a).
“federal Minister”« ministre fédéral »
“federal Minister” means, other than in section 68, the definition “responsible minister” in subsection 73(1), subsections 135(5), 136(1), and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Indian Affairs and Northern Development.
“interested corporation or organization”« intéressée »
“interested corporation or organization” for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), means a corporation or other organization that has given written notice to the Commission, the Board or any federal environmental assessment panel, as the case may be, of its interest in providing comments.
“Inuit of northern Quebec”« Inuits du Nord québécois »
“Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. 
“Inuktitut”« inuktitut »
“Inuktitut” includes Inuinnaqtun.
“land”« terres »
“land” includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore.
“land use plan”« plan d’aménagement »
“land use plan” does not include a municipal land use plan.
“Makivik”« Makivik »
“Makivik” means the Corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, representing the Inuit of northern Quebec.
“marine conservation area”« aire marine de préservation »
“marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.
“municipality”« municipalité »
“municipality” means a municipality or settlement as defined in subsection 28(1) of the Interpretation Act, R.S.N.W.T. 1988, c. I-8, as amended for Nunavut under section 76.05 of the Nunavut Act.
“national park”« parc national »
“national park” means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act.
“park”« parc »
“park” means a national park, a territorial park or a marine conservation area.
“project”« projet »
“project” means the carrying out, including the construction, operation, modification, decommissioning or abandonment, of a physical work or the undertaking or carrying out of a physical activity that involves the use of land, waters or other resources. It does not include
(a) the undertaking or carrying out of a work or activity if its adverse ecosystemic impacts are manifestly insignificant, taking into account in particular the factors set out in paragraphs 90(a) to (i);
(b) the undertaking or carrying out of a work or activity that is part of a class of works or activities prescribed by regulation; or
(c) the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the munic- ipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activities.
“proponent”« promoteur »
“proponent” means a person or entity, including a federal, provincial or territorial minister, department or agency, a municipality or a designated Inuit organization, that proposes the carrying out of a project.
“regulatory authority”« autorité administrative »
“regulatory authority” means a Minister — other than for the purposes of section 197 —, a department or agency, a municipality or any other public body responsible for issuing a licence, permit or other authorization required by or under any other Act of Parliament or a territorial law for a project to proceed.
“territorial law”« loi territoriale »
“territorial law” means an Act of the Legislature for Nunavut.
“territorial Minister”« ministre territorial »
“territorial Minister” means, other than in paragraph 19(2)(d), sections 32 and 68, the definition “responsible minister” in subsection 73(1), subsections 94(5), 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Environment for Nunavut.
“Tunngavik”« Tunngavik »
“Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation. 
“waters”« eaux »
“waters” means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state.
Definitions from the Agreement
(2) In this Act
(a) “ecosystemic” has the same meaning as in section 12.1.1 of the Agreement;
(b) “Inuit owned lands”, “marine areas”, “Nunavut Settlement Area”, “Outer Land Fast Ice Zone”, “territorial park” and “wildlife” have the same meaning as in section 1.1.1 of the Agreement; and
(c) “areas of equal use and occupancy” has the same meaning as in section 40.2.2 of the Agreement.
Interpretation
(3) For greater certainty, in this Act the issuance of a licence, permit or other authorization, includes a renewal, an amendment or an extension of its period of validity.
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.
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.
APPLICATION
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.
Binding on Her Majesty
6. This Act is binding on Her Majesty in right of Canada or a province.
Canadian Environmental Assessment Act
7. The Canadian Environmental Assessment Act does not apply in respect of the designated area.
CONSULTATION
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.
DELEGATION
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).
PART 1
COMMISSION AND BOARD
The Nunavut Planning Commission
Constitution
Continuance
10. The Nunavut Planning Commission, established under the Agreement, is continued under this Act.
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.
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.
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.
Powers, Duties and Functions
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.
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.
Meetings
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.
By-laws and Rules
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 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.
The Nunavut Impact Review Board
Constitution
Continuance
18. The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.
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).
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.
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.
Powers, Duties and Functions
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.
Primary objectives
23. (1) The Board must exercise its powers and perform its duties and functions in accord- ance 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).
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.
Meetings
Nunavut Settlement Area
25. (1) The Board must, whenever practi- cable, 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.
By-laws and Rules
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.
Panels
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 paragraphs 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b).
General provisions — Commission and Board
Members
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.
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.
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.
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.
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.
Staff
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.
Conflict of Interest
Members
34. (1) No member of the Commission or the Board may participate in a decision on a matter in which that member has a conflict of interest.
Staff
(2) No officer or employee of the Commission or the Board or agent, adviser or expert may 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).
Status and General Powers
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.
Head Office
Nunavut Settlement Area
36. The head offices of the Commission and the Board must be in the Nunavut Settlement Area.
Languages
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.
By-laws and Rules
Pre-publication
38. (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by
(a) publishing the proposed by-law or rule on its website;
(b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and
(c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area.
Comments invited
(2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice.
Response to comments
(3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2).
Exception
(4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons.
Notice
(5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.
Financial Provisions
Annual budget
39. (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval.
Accounts
(2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.
Consolidated financial statements
(3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them.
Audit
(4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister.
PART 2
LAND USE PLANNING
Interpretation
Definition of “land”
40. In this Part, “land” includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.
Policies, Priorities and Objectives
Designated area
41. The Commission is responsible for the establishment, in conjunction with the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, of broad planning policies, prior- ities and objectives for the designated area regarding the conservation, development, management and use of land.
Planning regions
42. (1) The Commission must identify planning regions and may, for each planning region, identify specific planning objectives and planning variables regarding the conservation, development, management and use of land.
Consistency
(2) The specific planning objectives must be consistent with the broad objectives established for the designated area.
Consultations
43. The Commission must seek the opinions of affected municipalities, interested corporations and organizations, residents and other interested persons regarding specific objectives and land use planning options for the region.
Principles and factors
44. The principles and factors set out in sections 11.2.1 and 11.2.3 of the Agreement must guide the development of broad policies, priorities and objectives under section 41 and specific planning objectives under section 42.
Public hearing
45. The Commission may, in exercising its powers and performing its duties and functions under sections 41 to 43, hold a public hearing in accordance with the by-laws and rules made under section 17.
Land Use Plans
General Provisions
Duty
46. (1) The Commission must exercise its powers and perform its duties and functions in relation to land use plan development under this Part so that the entire designated area is, as soon as practicable, subject to either
(a) one land use plan for the entire designated area; or
(b) two or more land use plans, each relating to one or more planning regions within the designated area.
No overlap
(2) For greater certainty, no portion of the designated area may be subject to more than one land use plan.
Merger of plans
(3) The Commission may merge the land use plans referred to in paragraph (1)(b) to form a land use plan referred to in paragraph (1)(a). If the substance of the land use plans being merged is not changed, such a merger is not an amendment and sections 59 to 65 do not apply.
Purposes of plan
47. A land use plan has the following purposes:
(a) to protect and promote the existing and future well-being of the residents and communities of the designated area, taking into account the interests of all Canadians; and
(b) to protect and, if necessary, restore the environmental integrity of the designated area or the planning region, as the case may be.
Contents of plan
48. (1) A land use plan must provide for the conservation and use of land, guide and direct resource use and development and must, in particular, provide for a strategy regarding the implementation of the plan and take into account
(a) the broad planning policies, priorities and objectives established for the designated area;
(b) the specific planning objectives and planning variables identified for any applica- ble planning region;
(c) the factors referred to in section 11.3.1 of the Agreement; and
(d) Inuit objectives for Inuit owned lands.
Permitted uses
(2) A land use plan may contain descriptions of permitted, subject to any terms and conditions that the plan sets out, and prohibited uses of land.
Minor variances
(3) A land use plan may authorize the Commission to grant minor variances and may set out the conditions subject to which they may be granted.
Offences
(4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74(f).
Articles 5 and 7 of Agreement
(5) A land use plan must be developed and implemented in a manner that is consistent with the principles and requirements of Articles 5 and 7 of the Agreement.
Development
Preparation of draft
49. After concluding any consultations that it considers appropriate, the Commission must prepare a draft land use plan for the entire designated area or for one or more planning regions.
Draft to be made public
50. (1) Before holding a public hearing in respect of a draft land use plan, the Commission must make the draft public and must do so in a manner designed to promote participation in its examination by the public.
Invitation to comment
(2) The Commission must solicit written and oral comments on the draft land use plan 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.
Public hearing
51. (1) After allowing a reasonable period for the submission of comments on the draft land use plan, the Commission must hold a public hearing in respect of it.
Duty
(2) The Commission must take all necessary steps to promote public awareness of, and public 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.
Conduct of hearing
(3) In conducting a public hearing, the Commission must give great weight to the Inuit traditions regarding oral communication and decision-making and must accord to the designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.
Revision — draft plan
52. After the public hearing is held, the Commission must consider any comments made in respect of the draft land use plan under subsection 50(2) or submissions made during the hearing and make any revisions to the draft land use plan that it considers appropriate.
Submission — draft plan
53. The Commission must submit the original or revised draft land use plan, which it must make public, and a written report of the proceedings at the public hearing held in respect of it, to the federal Minister, the territorial Minister and the designated Inuit organization.
Decision — draft plan
54. (1) As soon as practicable after receiving a draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons and return it to the Commission.
Revised plan
(2) If the plan is rejected by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public hearing under sections 50 to 52 that it considers necessary, make any changes that it considers appropriate and submit a revised draft land use plan to the Ministers and the designated Inuit organization.
Decision — revised plan
(3) As soon as practicable after receiving a revised draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons.
Acceptance and recommendation
(4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister and the territorial Minister must recommend its approval to the Governor in Council and the Executive Council of Nunavut.
Approval — plan
55. (1) The Governor in Council and the Executive Council of Nunavut may approve the draft land use plan if its approval was recommended under subsection 54(4).
Effective date
(2) A land use plan comes into effect when it is approved under subsection (1).
Publication
(3) The Commission must make the land use plan public.
Statutory Instruments Act
(4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act.
Nunavut Water Board
56. The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
Municipalities
57. The Commission must, in exercising its powers and performing its duties and functions under section 49 and 52 and subsection 54(2), give great weight to the views and wishes of the municipalities in the area to which the draft land use plan relates.
Factors to consider
58. In exercising their powers and performing their duties and functions under sections 49 and 52 and subsections 54(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.
Amendment
Proposal for amendment
59. (1) The federal Minister, the territorial Minister, the designated Inuit organization or any person, including a corporation or other organization, affected by a land use plan may propose to the Commission an amendment to that plan.
Consideration by Commission
(2) The Commission must consider the proposed amendment and, if it considers it appropriate to do so, conduct a public review in accordance with the by-laws and rules made under section 17.
Amendment proposed by Commission
(3) The Commission may, on its own initiative, propose an amendment to a land use plan and must subsequently conduct a public review in accordance with the by-laws and rules made under section 17.
Proposed amendment to be made public
(4) If the Commission conducts a public review in respect of a proposed amendment, the Commission must make the proposal public in a manner that is designed to promote public participation in its examination.
Revision of amendment
60. The Commission must consider the submissions made during a public review in respect of a proposed amendment and may make any revisions to the proposed amendment that it considers appropriate.
Submission of proposed amendment
61. (1) The Commission must submit the original or revised proposed amendment to the federal Minister, the territorial Minister and the designated Inuit organization with a written report of any public review and its recommendation as to whether the amendment should be accepted or rejected, in whole or in part.
Exception
(2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated.
Decision — proposed amendment
62. (1) As soon as practicable after receiving the proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept the Commission’s recommendation jointly or reject it, in whole or in part, with written reasons.
Revised proposal
(2) If the Commission’s recommendation is rejected, in whole or in part, by any of the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public review under subsections 59(2) and (4) and section 60 that it considers necessary, make any changes it considers appropriate and submit a revised proposed amendment to the federal Minister, territorial Minister and designated Inuit organization.
Decision — revised proposal
(3) As soon as practicable after receiving a revised proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept it jointly or reject it with written reasons.
Coming into force
(4) Any amendment to a land use plan based on an original or revised proposal for amendment comes into force when it is approved under subsection (1) or (3).
Publication
(5) The Commission must make any amendment to a land use plan public.
Nunavut Water Board
63. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
Municipalities
64. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates.
Factors to consider
65. In exercising their powers and performing their duties and functions under subsections 59(2) and (3), sections 60 and subsections 62(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests.
Periodic Review
Commission
66. The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48.
Public hearing
67. The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17.
Implementation
Duty — general
68. Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it.
Duty — licences, etc.
69. (1) Each regulatory authority must, to the extent of its authority to do so, ensure that any licence, permit or other authorization that it issues implements any applicable requirements of any applicable land use plan, including those identified under subsection 48(4).
Exemption
(2) If a minor variance or a ministerial exemption has been granted in respect of a project under paragraph 81(2)(a) or 82(2)(a), as the case may be, subsection (1) does not apply in respect of the requirements for that project in respect of which the variance or exemption was granted.
Additional or more stringent requirements
(3) For greater certainty, a regulatory authority may impose, to the extent of its authority to do so, requirements that are in addition to, or more stringent than, those referred to in subsection (1).
Consultation
(4) A regulatory authority may consult the Commission with a view to determining the most effective means of complying with its obligation under subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Commission in order to obtain its comments and recommendations.
Parks and Conservation Areas
Existing parks and historic places
70. (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency.
Creation of parks and historic places
(2) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan established under this Part apply in respect of any initiative whose purpose is to establish a park or designate a historic place referred to in subsection (1).
Conservation area
(3) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan established under this Part apply in respect of conservation areas, other than historic places referred to in subsection (1), after they are established and to any initiative whose purpose is to establish such a conservation area.
Municipalities
Municipal plans — development
71. (1) The principles set out in Article 11 of the Agreement in respect of land use planning must guide the development of municipal land use plans for municipalities in the designated area.
Notice
(2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan.
Compatibility of plans
72. The Commission and municipalities must cooperate for the purpose of ensuring compatibility between municipal land use plans and any land use plan established under this Part.
PART 3
ASSESSMENT OF PROJECTS TO BE CARRIED OUT IN THE DESIGNATED AREA
Interpretation
Definitions
73. (1) The following definitions apply in this Part.
“responsible Minister”« ministre compétent »
“responsible Minister” means 
(a) the federal Minister or the territorial Minister, as the case may be, who has the jurisdictional responsibility for authorizing a project to proceed; or
(b) the Minister of Indian Affairs and Northern Development, if there is no federal Minister or territorial Minister who has the responsibility referred to in paragraph (a).
“traditional knowledge”« connaissances traditionnelles »
“traditional knowledge” means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and with the environment, that is rooted in the traditional way of life of Inuit of the designated area.
Interpretation
(2) Paragraph (b) of the definition “responsible Minister” in subsection (1) applies if the responsibility for authorizing the project to proceed is under the sole jurisdiction of a designated regulatory agency set out in Sched- ule 2.
Compliance
Prohibitions
74. It is prohibited to carry out a project, in whole or in part, if
(a) a project proposal referred to in section 76 has not been submitted to the Commission;
(b) the assessment of the project under this Part has not been completed;
(c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(3) or 144(3);
(d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be;
(e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed;
(f) the project is not carried out in accordance with any requirement identified, under subsection 48(4), in any applicable land use plan, other than a requirement in relation to which a minor variance or a ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; or
(g) the project is not carried out in accord- ance with the terms and conditions set out in the original or amended project certificate.
Regulatory authorities
75. (1) A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if
(a) a project proposal has not been submitted to the Commission in accordance with section 76;
(b) the assessment of the project under this Part has not been completed;
(c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(3) or 144(3);
(d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be; or
(e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed.
No force or effect — licences, etc.
(2) A licence, permit or other authorization issued in contravention of any of paragraphs (1)(a) to (e) is of no force or effect.
Modification not significant
(3) A regulatory authority may issue any licence, permit or other authorization relating to a project approved under this Part that has not been significantly modified without a new assessment of the project being carried out under this Part.
Review by Commission
Project Proposal
Duty — proponent
76. (1) The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Commission.
Content of proposal
(2) A project proposal must contain a description of the project prepared in accord- ance with the by-laws and rules made under paragraph 17(1)(e).
Grouping of related projects
(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, and they are deemed to be a single project for the purposes of this Act.
Notice
(4) The Commission must publish in its public registry a notice of receipt of the project proposal. That notice must contain a summary of the project, including a description of its nature and an indication of where it is to be carried out, and the proponent’s name.
Land Use Plan in Effect
Determination
Conformity with plan
77. (1) The Commission must determine if a project is in conformity with the land use plan that is applicable to the place where the project is to be carried out.
Multiple plans
(2) If different portions of the project 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 project is not in conformity with the land use plan applicable to it, the entire project is deemed to not be in conformity.
Project in Conformity with Land Use Plan
Verification — screening
78. (1) If the Commission determines that the project is in conformity with any applicable land use plan, it must verify whether the project is exempt from screening.
Exemption from screening
(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.
Commission may consult Board
(3) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.
Project not exempt from screening
79. If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening.
Project exempt from screening
80. (1) If a project is exempt from screening and the Commission 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 Commission 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 carry out the project, subject to paragraph 74(f) and 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.
Location of impacts
(3) In performing its functions under subsections (1) and (2), the Commission must consider impacts both inside and outside the designated area.
Project Not in Conformity With Land Use Plan
Minor variance
81. (1) If the Commission determines that the project 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 such a project and whether the conditions set out under subsection 48(3), if any, are met.
Minor variance authorized
(2) If the land use plan authorizes the granting of minor variances and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the project is not in conformity with the plan,
(a) grant a minor variance, in which case it must verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or
(b) refuse to grant a minor 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 proponent of the extension in writing.
Request for ministerial exemption
82. (1) If the Commission determines that the project is not in conformity with an applicable land use plan, the proponent 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 receiving a request under subsection (1) either
(a) grant the exemption, in which case the Commission must make the decision public, verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or
(b) refuse the exemption.
Consultation
(3) An exemption may only be granted after consultation with the Commission and the relevant regulatory authorities and 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 under subsection (2), that Minister may extend the period referred to in that subsection by up to 60 days and must notify the proponent and the Commission of the extension in writing.
Time Limit
Performance of certain functions
83. (1) The Commission must exercise its powers and perform its duties and functions under sections 77 to 80 within 45 days after receiving the project proposal.
Time not counted
(2) If the Commission determines that a project is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties or 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 81(5), any time required to conduct it does not count as part of the period referred to in subsection 81(2).
Time not counted — additional information
84. Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the periods referred to in subsections 81(2) and (4) and 83(1).
No Land Use Plan
Verification — screening
85. (1) If there is no applicable land use plan, the Commission must, within 45 days after receiving the project proposal, verify whether the project is exempt from screening under subsection 78(2) and must comply with the requirements of section 79 or 80, as the case may be.
Commission may consult Board
(2) The Commission may consult the Board on whether a particular project is exempt from screening.
Time not counted — additional information
(3) Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the period referred to in subsection (1).
Screening By Board
Scope of project
86. (1) The Board must determine the scope of a project in relation to which a project proposal is received under section 79 or subsection 80(1) and must
(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Consultation
(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Process suspended
(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the screening and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.
Screening
87. The Board must screen the project if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1).
Purpose of screening
88. The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel, as the case may be.
Project to be reviewed
89. (1) The Board must be guided by the following considerations when it is called on to determine, on the completion of a screening, whether a review of the project is required:
(a) a review is required if, in the Board’s opinion,
(i) the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities,
(ii) the project will cause significant public concern, or
(iii) the project involves technological innovations, the effects of which are unknown; and
(b) a review is not required if, in the Board’s opinion,
(i) the project is unlikely to cause significant public concern, and
(ii) its adverse ecosystemic and socio-economic impacts are unlikely to be significant, or are highly predictable and can be adequately mitigated by known technologies.
Prevailing considerations
(2) The considerations set out in paragraph (1)(a) prevail over those set out in paragraph (1)(b).
Definition of “harvest”
(3) In subparagraph (1)(a)(i), “harvest” has the same meaning as in section 1.1.1 of the Agreement.
Significance of impacts — factors
90. In determining the significance of impacts for the purposes of section 88 and subparagraphs 89(1)(a)(i) and (b)(ii), the Board must take into account the following factors:
(a) the size of the geographic area, including the size of wildlife habitats, likely to be affected by the impacts;
(b) the ecosystemic sensitivity of that area;
(c) the historical, cultural and archaeological significance of that area;
(d) the size of the human and the animal populations likely to be affected by the impacts;
(e) the nature, magnitude and complexity of the impacts;
(f) the probability of such impacts occurring;
(g) the frequency and duration of such impacts;
(h) the reversibility or irreversibility of such impacts;
(i) the cumulative 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; and
(j) any other factor that the Board considers relevant to the assessment of the significance of impacts.
Project to be modified or abandoned
91. The Board must make a determination that a project should be modified or abandoned if the Board is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts.
Report — Board
92. (1) The Board must submit a written report to the responsible Minister containing a description of the project that specifies its scope and indicating that
(a) a review of the project is not required;
(b) a review of the project is required; or
(c) the project should be modified or abandoned.
Other information
(2) In its report, the Board may also
(a) recommend specific terms and conditions to apply in respect of a project that it determines may be carried out without a review;
(b) identify particular issues or concerns that should be considered in the review of a project that it determines should be reviewed; and
(c) provide information regarding the nature and extent of the regional impacts of a project that the responsible Minister must take into account when determining whether a project is in the regional interest.
Time of report
(3) The Board must submit the report and the project proposal to the responsible Minister within a period that allows the relevant regulatory authorities to issue, within any period prescribed by law or regulation, a licence, permit or other authorization in respect of the project or, if it is earlier, within 45 days after the latest of
(a) the day on which the Board receives the project proposal under section 79 or subsection 80(1);
(b) the day on which the Board receives any information that is required under subsection 144(1); and
(c) the day on which the Board receives a decision, by reason of subsection 86(3), that the project is in conformity with any applica- ble land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to the project.
Extension of time limit
(4) If the responsible Minister is of the opinion that more time is needed for the Board to submit the report, that Minister may extend the period referred to in subsection (3) and must notify the proponent and the Board of the extension in writing.
Board determines review not necessary
93. (1) If the Board determines that a review of the project is not required, the responsible Minister must, within 15 days after receiving the Board’s report, either
(a) agree with that determination, in which case the responsible Minister must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and 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; or
(b) reject that determination, if the responsible Minister is of the opinion that the project should be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.
Extension of time limit
(2) 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 (1) by up to 120 days and must notify the proponent and the Board of the extension in writing.
Deemed decision
(3) The responsible Minister is deemed to have made a decision under paragraph (1)(a) if, within the period referred to in subsection (1), that Minister does not make a decision under that subsection and does not extend that period under subsection (2).
Board determines review necessary
94. (1) If the Board determines that a review of the project is required, the responsible Minister must, within 90 days after receiving the Board’s report, either
(a) agree with that determination and send the project proposal
(i) to the Minister of the Environment in order that a federal environmental assessment panel conduct the review if the project involves a matter of national interest and the responsible Minister — after consultation with the Minister of the Environment, the territorial minister and the Board — determines that it is more appropriate for the review to be conducted by such a panel than by the Board,
(ii) to the Minister of the Environment in order that a federal environmental assessment panel or a joint panel conduct the review, as the case may be, if the project is to be carried out partly outside the designated area,
(iii) despite subparagraph (ii), to the Board to conduct the review if the project is to be carried out partly outside the designated area and the responsible Minister, the Minister of the Environment and the Board determine that the review is to be conducted by the Board, or
(iv) to the Board for a review in any other case; or
(b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest, and that Minister must indicate in the decision either that the project could be modified and an amended project proposal submitted to the Commission or that the project is not to proceed.
Limit
(2) The responsible Minister may only send a project proposal to the Minister of the Environment under subparagraph (1)(a)(i) on an exceptional basis.
Transportation of persons or goods
(3) Despite subparagraphs (1)(a)(ii) and (iii), if the only activity relating to a project to be carried out outside the designated area is the transportation of persons or goods, the responsible Minister must send the project proposal to the Board to conduct the review unless
(a) that Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel or a joint panel, as the case may be, than by the Board; and
(b) the Minister of the Environment agrees with that determination.
Consultation
(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may consult with the Board and the Minister of Environment.
Territorial minister
(5) If the responsible Minister is a territorial minister, the reference to “responsible Minister” in subparagraph (1)(a)(i) means the federal Minister.
Extension of time limit
(6) 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 (1) by up to 90 days and must notify the proponent and the Board of the extension in writing.
Board determines project be modified or abandoned
95. (1) If the Board determines that a project should be modified or abandoned, the responsible Minister must, within 120 days after receiving the Board’s report and after consultation with the Board, either
(a) agree with the determination that the project has the potential to result in unacceptable adverse ecosystemic and socio-economic impacts and in the decision indicate either that
(i) the project could be modified and an amended project proposal submitted to the Commission, or
(ii) the project is not to proceed; or
(b) reject that determination if the responsible Minister is of the opinion that it is in the national or regional interest that the project be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.
Extension of time limit
(2) 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 (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.
Particular issues or concerns — Board
96. (1) The responsible Minister may, when sending a project proposal to the Board for review under subparagraph 94(1)(a)(iii) or (iv) or subsection 94(3), identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the Board in its review of the project.
Interpretation
(2) For greater certainty, nothing in subsection (1) restricts the Board’s ability to consider any other issue or concern within its jurisdiction in the course of its review.
Particular issues or concerns — panel
97. When sending a project proposal to a federal environmental assessment panel under subparagraph 94(1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project.
Location of impacts
98. 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 88 to 97.
Review
Board
Scope of project
99. (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94(1)(a)(iv) and the Board must
(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Consultation
(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Process suspended
(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.
Review
100. The Board must review the project if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and
(a) the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1); and
(b) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board is to conduct the review of the project.
Impact statement — guidelines
101. (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project.
Exception
(2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided 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 which of the following types of information the proponent is required to include in the impact statement:
(a) a description of the project, the purpose of, and need for, the project;
(b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;
(c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b);
(d) the measures proposed by the proponent 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;
(e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish;
(f) the interests in land and waters that the proponent has acquired or seeks to acquire;
(g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and
(h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances.
Comments
(4) The Board 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
(5) After allowing a reasonable period for submission of comments, the Board 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
(6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board.
Conduct of review
102. (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26.
Public hearing
(2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, 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.
Summon witnesses, etc.
(3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to
(a) give evidence, orally or in writing; and
(b) produce any documents or other things that the Board considers necessary to conduct its review of the project.
Enforcement of attendance, etc.
(4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court.
Hearing may be closed to the public
(5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any 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
(6) Evidence, documents or things referred to in subsection (5) 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
(7) A summons issued or an order made by the Board under subsection (3) 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.
Factors to consider
103. (1) In conducting a review of a project, the Board 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, 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 meteorolog- ical 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) the 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 subsection 96(1); and
(p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered.
Significance
(2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j).
Traditional knowledge
(3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it.
Report — Board
104. (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister 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.
Ministerial direction
(2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.
Revised report
(3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.
Determination to proceed
105. (1) If the Board determines that a project should proceed, the responsible Minister must, within 120 days after receiving the Board’s report, either
(a) agree with that determination and either
(i) accept the terms or conditions recommended in the report, or
(ii) reject those terms and conditions on one or more of the following grounds:
(A) one or more of the terms or conditions is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or
(B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or
(b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest.
Extension of time limit
(2) 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 (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.
Determination not to proceed
106. (1) If the Board makes a determination that a project should not proceed, the responsible Minister must, within 120 days after receiving the Board’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.
Extension of time limit
(2) 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 (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.
Revised report — rejection of conditions
107. (1) Within 30 days after a decision is made under subparagraph 105(1)(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 it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it makes public, containing terms and conditions that it recommends should apply in respect of the project.
Revised report — rejection of determination
(2) Within 30 days after a decision is made under paragraph 106(1)(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Minister, which it makes public, containing terms and conditions that it recommends should apply in respect of the project.
Minister’s decision
(3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), 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 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.
Socio-economic terms and conditions
108. Despite paragraphs 105(1)(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.
Consultation
109. 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 105 or 106, subsection 107(3) or (4) or section 108.
Notification by Minister
110. The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.
Project certificate
111. (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.
Terms and conditions
(2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.
Content of certificate
(3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) and 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.
Statutory Instruments Act
(4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Extension of time limit
(5) 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
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,
(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.
Location of impacts
113. 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 101 to 112.
Priority
114. The responsible Minister may indicate to the Board that a review or a reconsideration of terms and conditions is a priority in relation to other reviews or reconsiderations and may propose a reasonable period within which it must be completed.
Federal Environmental Assessment Panel
Establishment
115. (1) After receiving a project proposal under subparagraph 94(1)(a)(i), the Minister of the Environment must establish a federal environmental assessment panel consisting of members, including a Chairperson, appointed by that Minister.
Composition
(2) The following rules apply in respect of the appointment of members of the panel, other than the Chairperson:
(a) at least one quarter of the members must be appointed on the nomination of the territorial Minister; and
(b) at least one quarter 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).
Impartiality and qualifications
(3) The Minister of the Environment must appoint as members of the panel persons who are unbiased and free from any conflict of interest relative to the project and who have special knowledge or experience relevant to the anticipated technical, environmental or social impacts of the project.
Status of Inuk
(4) A panel member is not placed in a conflict of interest solely because the member is an Inuk as defined in section 1.1.1 of the Agreement.
Eligibility
(5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board.
Primary objectives
116. (1) A federal environmental assessment panel 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) The panel must take into account the well-being of residents of Canada outside the designated area when exercising its powers or performing its duties and functions in accord- ance with the objective set out in paragraph (1)(a).
Interpretation
(3) For greater certainty, the panel must exercise its powers and perform its duties and functions under paragraph 123(1)(c) in accord- ance with the objectives set out in subsection (1).
Terms of reference
117. The Minister of the Environment must, in consultation with the responsible Minister, fix the terms of reference for the panel and send the project proposal to the panel. The Minister of the Environment must include in the terms of reference any issues or concerns identified under section 97 and may identify other issues or concerns that must also be considered by the panel in its review of the project.
Scope of project
118. (1) The Minister of the Environment must, in consultation with the responsible Minister, determine the scope of the project and, in making that determination, must
(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that the Minister of the Environment considers sufficiently related to the project to form part of it; and
(b) exclude from the scope of the project any work or activity identified in the project proposal that the Minister of the Environment considers insufficiently related to the project to form part of it.
Consultation
(2) The Minister of the Environment may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.
Process suspended
(3) If the Minister of the Environment makes an inclusion under paragraph (1)(a), the panel must not proceed with the review and the Commission as well as the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.
Review
119. The panel must review the project if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the panel receives a decision, by reason of subsection 118(3), that the entire project is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it.
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.
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 the 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.
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 meteorolog- ical 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.
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.
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.
Determination to proceed
125. (1) 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 180 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.
Extension of time limit
(2) 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 (1) by up to 180 days and must notify the proponent and the Board of the extension in writing.
Determination not to proceed
126. (1) 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 180 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.
Extension of time limit
(2) 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 (1) by up to 180 days and must notify the proponent and the Board of the extension in writing.
Report — rejection of conditions
127. (1) Within 30 days after a decision is made under subparagraph 125(1)(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(1)(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.
Socio-economic terms and conditions
128. Despite paragraphs 125(1)(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.
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.
Approval of Governor in Council
130. Any decision of the responsible Minister made under section 125 or 126, 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.
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.
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.
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.
Project Terms and Conditions
Compatibility
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 projects, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by or under any federal or territorial environmental or socio-economic law of general application.
Monitoring Programs
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 territori- al 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).
Implementation
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.
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, subsection (1) does not prevent a regulatory authority from imposing, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, the terms and conditions referred to in subsection 136(1).
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 may not 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.
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.
Decision of an 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).
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.
General Provisions
Modifications to Project During Assessment
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.
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.
Suspension of Assessment
Request — proponent
143. (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project.
Suspension
(2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension.
Termination of review
(3) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated.
Interpretation
(4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.
Consideration of previous assessment
(5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
Time not counted
(6) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part.
Additional information
144. (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be.
Suspension
(2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so.
Termination of assessment
(3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated.
Interpretation
(4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76.
Consideration of previous assessment
(5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
Modifications to Project After Assessment
Modification not significant
145. If the carrying out of a work or activity is a project within the meaning of subsection 2(1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74(a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project.
Significant modification
146. (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part.
Previous assessments
(2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project.
Projects not carried out
New assessment
147. (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part.
Prohibition
(2) It is prohibited to carry out the project referred to in subsection (1) but the proponent may submit a new project proposal in relation to it in accordance with 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 project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project.
Time not counted
(4) If a project proposal sets out that the carrying out of the project will not be commenced until a specific date, or on the happening of any specified contingency or event or the fulfilment of any condition, the time that precedes that date, contingency, event or fulfilment of the condition does not count as part of the period referred to in subsection (1).
Consultations
Consultation — Minister
148. The responsible Minister must consult with the relevant regulatory authorities before making any decision under this Part, other than a decision by that Minister to extend a time period set out under this Part.
Multiple Responsible Ministers
Joint exercise of powers, etc.
149. (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part.
Subparagraph 94(1)(a)(i)
(2) If there is more than one responsible Minister in respect of a project, and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to “responsible Minister” in subparagraph 94(1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph.
Coordination and transmission of documents
(3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers.
Notice of decisions
(4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the federal Minister must perform the duties of the responsible Minister under subsection 200(4) in relation to those decisions.
Reasons for Decisions
Written reasons
150. Written reasons must be provided with respect to:
(a) a decision under section 77 that a project is not in conformity with an applicable land use plan;
(b) a decision made under any of paragraphs 81(2)(a) and 82(2)(a), sections 93 to 95, 105 and 106, subsections 107(3) and (4), 112(6) and (7), sections 125 and 126, subsections 127(3) and (4), 142(1), 144(2) and 152(6) and paragraph 154(1)(b);
(c) a decision under any of subsections 86(1), 99(1) and 118(1) that has the effect of expanding or restricting the scope of the project;
(d) a determination in an original or amended report that is prepared by the Board, a federal environmental assessment panel or a joint panel under this Part, other than under subsection 152(4).
Special Cases
National Security
Non-application of this Part
151. The Minister of National Defence may, on an exceptional basis, make a decision to exempt from the application of this Part the carrying out of any work relating to an installation or facility, or the undertaking or carrying out of any activity, that constitutes a project within the meaning of subsection 2(1) and that is required for the purpose of national defence if that Minister certifies in the decision that, for reasons of confidentiality or urgency, an exemption is required in the interest of national security.
Emergency Situations
Non-application of this Part
152. (1) This Part does not apply in respect of any project that is carried out in response to
(a) a national emergency for which special temporary measures are taken under the Emergencies Act;
(b) an emergency if a federal or territorial minister who is authorized under any other Act of Parliament or any territorial law to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or
(c) an emergency if the federal Minister certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the project be carried out without delay.
Report — person or entity
(2) As soon as practicable after undertaking a project referred to in subsection (1), the person or entity carrying it out must submit a written report to the Commission, the Board and the federal Minister describing
(a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in paragraph (1)(a), (b) or (c), as the case may be; and
(b) any further works or activities required after the end of that emergency to complete the project or maintain a work referred to in paragraph (a).
Report — Commission
(3) After receiving a report under subsection (2), the Commission may submit a written report to the federal Minister that contains an assessment of the project’s conformity with any applicable land use plan.
Report — Board
(4) After receiving a report under subsection (2), the Board may submit a written report to the federal Minister with terms and conditions that it recommends, with reasons, should apply in respect of the project or any portion of it.
Additional information
(5) The person or entity must provide any additional information that the Commission or the Board considers necessary to prepare its report under subsection (3) or (4), as the case may be.
Terms and Conditions
(6) After receiving a report under subsection (2) and reports under subsections (3) and (4), if any, the federal Minister may impose terms and conditions on the carrying out of the project, in which case section 135 applies.
Prohibition
(7) It is prohibited to carry out a project, in whole or in part, in contravention of any term and condition imposed under subsection (6).
Community Resupply And Ship Movements
No screening
153. (1) The Board must not screen any project if, after determining the scope of the project under subsection 86(1), it is of the opinion that the project either has as its purpose the provision of normal community resupply or consists of individual ship movements not relating to another project.
Precision
(2) Sections 87 to 140 do not apply in respect of a project referred to in subsection (1).
Exploration or Development Activities
Exception
154. (1) Despite paragraph 74(b) and subject to paragraph 74(f) and 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, the proponent may undertake or carry out exploration or development activities that relate directly to a project that is subject to a review under this Part if
(a) each activity belongs to a class of exempt activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt activities prescribed by regulation; or
(b) the activities may, in the Board’s opinion, proceed without such a review.
Licences, etc.
(2) Despite paragraph 75(1)(b), regulatory authorities may issue a licence, permit or other authorization in respect of exploration or development activities referred to in subsection (1).
Non-renewal, etc.
(3) Licences, permits or other authorizations issued under subsection (2) must not be renewed or amended and their period of validity must not be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.
Exception — Nunavut Water Board
155. (1) Despite paragraph 75(1)(b), the Nunavut Water Board may issue licences to use waters or deposit waste for an interim, short-term period under the Nunavut Waters and Nunavut Surface Rights Tribunal Act, in respect of exploration or development activities that relate directly to a project that is subject to a review under this Part.
Non-renewal, etc.
(2) Licences issued under subsection (1) must not be renewed or amended and their period of validity must not be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.
Condition
(3) Despite paragraph 74(b), the proponent may undertake or carry out exploration or development activities in respect of which a licence has been issued under subsection (1) if that licence is the only licence, permit or other authorization required by or under any other Act of Parliament or any territorial law.
Transboundary Projects
Review by Commission
Application — entire project
156. (1) If a project is to be carried out partly outside the designated area, sections 76 and 80 apply in respect of the entire project.
Limitation
(2) Sections 77 to 79, 81, 82 and, subject to subsection (1), 85 apply only in respect of the portion of the project to be carried out inside the designated area.
Screening By Board
Application — entire project
157. (1) If a project is to be carried out partly outside the designated area, sections 86 to 98 apply, subject to subsection (2), in respect of the entire project.
Limitation — scope of project
(2) If the Board makes an inclusion under paragraph 86(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 86(3) and section 87 do not apply and the Board must screen the entire project.
Review
Board
Scope of project
158. (1) If the Board receives a project proposal under subparagraph 94(1)(a)(iii) or subsection 94(3), the Board must determine the scope of the project and the Board must
(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and
(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.
Application — entire project
(2) Subject to subsections (3) to (5), subsections 99(2) and (3) and sections 100 to 114 apply in respect of the entire project.
Limitation — scope of project
(3) If the Board makes an inclusion under paragraph (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 99(3) and section 100 do not apply and the Board must review the entire project.
Limitation — Board report
(4) The responsible Minister may only exercise the powers and perform the duties and functions conferred on that Minister under subsections 105(1) and 106(1) in relation to the parts of the Board’s report that are applicable to or affect the designated area.
Limitation — terms and conditions
(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions conferred under sections 107 and 108 in relation to terms and conditions that are applicable to or affect the designated area.
Agreement — coordination
159. (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews.
Government of foreign state, etc.
(2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.
Federal Environmental Assessment Panel or Joint Panel
Ministerial decision
160. (1) After receiving a project proposal under subparagraph 94(1)(a)(ii), the Minister of the Environment must either
(a) establish a federal environmental assessment panel; or
(b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel.
Agreement with foreign state, etc.
(2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization.
Federal environmental assessment panel
161. (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160(1)(a), that Minister must appoint the members of that panel, including a Chairperson.
Composition — aboriginal groups
(2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1), in accordance with any agreement concluded between them.
Application — entire project
(3) Subsections 115(3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project.
Limitation — scope of project
(4) If the Minister of the Environment makes an inclusion under paragraph 118(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118(3) and section 119 do not apply and the federal environmental assessment panel must review the entire project.
Limitation — panel report
(5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under section 124 and subsections 125(1) and 126(1) in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area.
Limitation — terms and conditions
(6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area.
Joint panel
162. (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project.
Compatibility
(2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection.
Members
(3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel.
Interpretation
(4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel.
Parks and Conservation Areas
Projects
Definition of “responsible authority”
163. In sections 164 to 170, “responsible authority” means, as the case may be,
(a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or
(b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency.
Project proposal
164. (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority.
Contents
(2) A project proposal must contain a description of the project prepared in accord- ance with criteria established by the responsible authority.
Grouping of related projects
(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act.
Notice
(4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out.
Conformity with requirements
165. The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility.
Verification — screening
166. (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening.
Exemption from screening
(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.
Authority may consult Board
(3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening.
Project not exempt from screening
167. If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening.
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.
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).
Application of certain provisions
170. Section 73, paragraphs 74(a) to (e) and (g), section 75, subsections 86(1) and (2), sections 87 to 98, subsections 99(1) and (2), sections 100 to 117, subsections 118(1) and (2) and sections 120 to 162 apply in respect of the project subject to the following:
(a) in those provisions, a reference to the Commission is a reference to the responsible authority;
(b) in paragraphs 74(a) and 75(1)(a) and subsections 141(2), 142(3), 143(4), 144(4) and 147(2) and 156(1), the reference to section 76 is a reference to section 164;
(c) in paragraphs 74(d), 75(1)(d) and 150(a), a reference to section 77 is a reference to section 165, a reference to an applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility and in paragraphs 74(d) and 75(1)(d), the reference respecting a minor variance or a ministerial exemption does not apply;
(d) in subsection 86(1), section 87 and paragraphs 92(3)(a) and 100(a), the references to section 79 and subsection 80(1) are, respectively, references to section 167 and subsection 168(1);
(e) if the Board makes an inclusion under paragraph 86(1)(a) or 99(1)(a), the Board must not proceed with the screening or the review, as the case may be, and the responsible authority must exercise its powers and perform its duties and functions under sections 165 to 168 in relation to the entire project;
(f) in paragraph 92(3)(c), the day is the day on which the Board receives a decision from the responsible authority, by reason of paragraph (e), that comes to the conclusion referred to in section 167 or subsection 168(1);
(g) in paragraph 93(1)(a) and subsections 111(3) and 154(1), the reference respecting paragraph 74(f) does not apply;
(h) in section 98, the reference to sections 88 to 97 is a reference to those sections, taking into account any modifications made to them under this section;
(i) if the Minister of the Environment makes an inclusion under paragraph 118(1)(a), the federal environmental assessment panel must not proceed with the review and the responsible authority must exercise its powers and perform its duties and functions under sections 165 to 168 in relation to the entire project;
(j) a federal environmental assessment panel must review the project in relation to which the scope has been determined if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the responsible authority, by reason of paragraph (i), comes to the conclusion referred to in section 167 or subsection 168(1);
(k) in subsection 132(2), the reference to subsections 111(2) to (4) is a reference to subsection 111(2), to subsection 111(3), as modified by paragraph (g), and to subsection 111(4);
(l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (g);
(m) in paragraph 150(b), the reference to section 93 is a reference to that section as modified by paragraph (g) and the references to paragraphs 81(2)(a) and 82(2)(a) do not apply;
(n) in paragraph 150(c) and subsection 153(1), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);
(o) in subsection 152(3), the reference to any applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility;
(p) in subsection 153(2), the reference to sections 87 to 140 is a reference to those sections, taking into account any modifications made to them under this section;
(q) in subsection 156(1), the reference to section 80 is a reference to section 168;
(r) in subsection 156(2), 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).
Project partly outside a 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.
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.
Establishment, Abolition and Alteration of Area
Interpretation
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), 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister.
Proposal
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.
Land Use Plan in Effect
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.
Initiative in conformity with land use 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.
Initiative not in conformity with land use 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.
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.
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).
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).
No Land Use Plan
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.
Applicable Regime
Application of certain provisions
182. Sections 73, 75, 86, 88 to 99, 101 to 146, 148 to 150 and 156 to 162 apply in respect of the initiative, subject to the following:
(a) in those sections, a reference to a project is a reference to the initiative and a reference to a proponent is a reference to a department or agency;
(b) in paragraph 75(1)(a) and subsections 141(2), 142(3), 143(4), 144(4) and 156(1), the reference to section 76 is a reference to section 174;
(c) in paragraph 75(1)(d), the reference to section 77 is a reference to section 175 and the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a);
(d) in subsection 86(1) and paragraph 92(3)(a), the reference to “section 79 or subsection 80(1)” is a reference to “section 176 or paragraph 177(2)(a) or 178(2)(a) or section 181”;
(e) in subsections 86(3), 99(3) and 118(3), the references to sections 77, 81 and 82 are, respectively, references to sections 175, 177 and 178;
(f) the Board must screen the initiative in relation to which it has determined the scope in the manner that it considers appropriate to the nature of the initiative if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and it receives a decision, by reason of subsection 86(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it;
(g) in paragraph 92(3)(c) and subsection 157(2), the reference to subsection 86(3) is a reference to that subsection as modified by paragraph (e);
(h) in paragraph 93(1)(a) and subsection 111(3), the reference respecting paragraphs 74(f) and (g) does not apply;
(i) the Board must review the initiative in relation to which it has determined the scope if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and
(i) it receives a decision, by reason of subsection 99(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it, and
(ii) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board must conduct the review of the initiative;
(j) in section 119, the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e);
(k) in paragraph 135(3)(b), the reference respecting subsection 152(6) does not apply;
(l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (h);
(m) in paragraph 150(a), the reference to section 77 is a reference to section 175;
(n) in paragraph 150(b), the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a), the reference to section 93 is a reference to that section as modified by paragraph (h), and the references to subsection 152(6) and paragraph 154(1)(b) do not apply;
(o) in paragraph 150(c), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);
(p) in paragraph 150(d), the reference respecting subsection 152(4) does not apply;
(q) in subsection 156(1), the reference to section 80 does not apply;
(r) in subsection 156(2), the reference respecting sections 77 to 79, 81, 82 and 85 is a reference to sections 175 to 178 and 181;
(s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (f) and sections 86 and 88 to 98, taking 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).
Previous work
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.
PART 4
REVIEW OF PROJECTS TO BE CARRIED OUT OUTSIDE THE DESIGNATED AREA
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.
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.
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.
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.
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.
PART 5
GENERAL PROVISIONS
Interpretation
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.
Responsible authority
(2) In this Part “responsible authority” has the same meaning as in section 163.
Standing during assessment
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.
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.
Coordination of Activities
Commission and Board
192. The Commission and the Board may coordinate their respective activities.
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.
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.
Agreement — impacts outside designated area
195. (1) The Government of Canada and the Government of Nunavut must, with the assist- ance 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 collab- oration between the Board, any federal envi- ronmental 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.
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.
Information and Documents
Obtaining Information
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.
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.
Use of Information
Limitation — use relating to exercise of 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.
Communication of Information and Documents
Decisions and reports — Commission
200. (1) The Commission must provide
(a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 77, subsection 78(1), section 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2);
(b) in the case of a decision made under subsection 80(2), the regulatory authorities identified by the proponent with the project proposal; and
(c) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3).
Decisions, reports and certificates — Board
(2) The Board must
(a) provide the proponent, the Commission and the regulatory authorities identified by the proponent with any decision that it makes under subsections 86(1), 99(1) or 142(1);
(b) provide the proponent and the regulatory authorities identified by the proponent with any original or revised report referred to in subsection 92(1), 104(1) or (3), 107(1) or (2) or 112(5) or paragraph 135(4)(c);
(c) in the case of a decision made under paragraph 93(1)(a), or after issuing a certificate under subsection 111(1), 112(10) or 132(1), provide the regulatory authorities identified by the proponent with the project proposal;
(d) provide the proponent with every original or amended project certificate that it issues and provide a copy of that certificate to the regulatory authorities identified by the proponent;
(e) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with the findings and conclusions referred to in section 124;
(f) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with any report referred to in subsection 127(1) or (2);
(g) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 154(1)(b); and
(h) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4).
Decisions and reports — panels
(3) Each federal environmental assessment panel must provide
(a) the proponent, the Commission and the regulatory authorities identified by the proponent with any decision made by the Minister of the Environment under subsection 118(1);
(b) the proponent and the regulatory author- ities identified by the proponent with any report submitted under subsection 123(1) and any decision made under subsection 144(2); and
(c) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under subsection 142(1).
Decisions — Minister
(4) The responsible Minister must provide
(a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision made by that Minister under subsection 93(1), 94(1) or (3), 95(1), 105(1), 106(1), 107(3) or (4) or 112(6) or (7) and with any decision amended under subsection 139(3); and
(b) the proponent, the Board, the Minister of the Environment and the regulatory author- ities identified by the proponent with any decision made by the responsible Minister under subsection 125(1), 126(1) or 127(3) or (4).
Other decisions — Minister
(5) The federal Minister or the territorial Minister, or both, as the case may be, must provide
(a) the Commission with any request for a ministerial exemption submitted under subsection 82(1) or 178(1); and
(b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with 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 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 (h), (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.
Public registry — Commission
201. (1) The Commission must maintain a public registry that is made accessible to the public via the Internet, and the Commission must include, as soon as practicable, the following in that registry:
(a) reports referred to in paragraph 14(b), section 53 and subsections 61(1), 152(2) and (3) and 227(2);
(b) by-laws and rules established under subsection 17(1);
(c) any draft land use plan prepared under section 49;
(d) comments received under subsection 50(2);
(e) notices referred to in subsections 51(2), 76(4), 141(1), 142(1), 164(4) and 174(3);
(f) decisions made under subsections 54(1) and (3) and 62(1) and (3), section 77, subsection 78(1), section 80, subsections 81(2), 82(2), 85(1), 144(2) and 152(6), section 175 and subsections 177(2) and 178(2);
(g) land use plans approved under subsection 55(1);
(h) recommendations received under section 56;
(i) proposals for amendment of a land use plan made under subsections 59(1) and (3);
(j) amendments to a land use plan approved under subsections 62(1) and (3);
(k) proposed minor variances referred to in subsection 81(3);
(l) reasons referred to in subsections 81(4) and 177(4);
(m) requests referred to in subsections 82(1), 143(1) and (3), 144(1), and 178(1); and
(n) any additional information submitted under subsection 144(1).
Limited effect
(2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.
Public registry — Board
202. (1) The Board must maintain a public registry that is made accessible to the public via the Internet, and the Board must include, as soon as practicable, the following in that registry:
(a) by-laws and rules established under subsection 26(1);
(b) project proposals received under section 79, subsection 80(1), section 167 and subsection 168(1);
(c) decisions made by the Board and the responsible Minister under Part 3;
(d) original and revised reports referred to in subsections 92(1), 104(1) and (3), 107(1) and (2), 112(5), 123(1), 127(1) and (2), paragraph 135(4)(c), subsections 152(2) and (4) and section 186;
(e) guidelines sent under subsections 101(5) and 120(6);
(f) impact statements submitted under subsections 101(6) and 120(7);
(g) notices given under subsection 102(2), section 110, subsection 121(2) and section 131;
(h) any original or amended project certificate issued by the Board;
(i) any terms of reference for a federal environmental assessment panel or a joint panel fixed under section 117;
(j) copies of any findings and conclusions provided under section 124;
(k) notices given by the Board, a federal environmental assessment panel or a joint panel under subsection 142(1);
(l) any request referred to in subsection 143(1) and (3) and 144(1);
(m) any additional information submitted under subsection 144(1);
(n) reports submitted by a responsible authority under subsection 152(3), by application of section 170;
(o) decisions made under 152(6);
(p) decisions made under section 165, subsection 166(1) and section 168; and
(q) agreements referred to in subsection 230(3).
Limited effect
(2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.
Joint registry
203. The Commission and the Board may agree to maintain a joint public registry in accordance with the requirements of sections 201 and 202.
Limitation
204. (1) Despite any other provision of this Act, a member or employee of the Commission or the Board, an employee of a responsible authority, a member of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 may only disclose, in the exercise of their powers and the performance of their duties and functions under this Act, a document, part of a document or information, including by placing it in a public registry, if
(a) it has otherwise been made publicly available; or
(b) its disclosure
(i) would have been made in accordance with the Access to Information Act if a request had been made in respect of that document under that Act at the time the document came under their control under this Act, including any document that would be disclosed in the public interest under subsection 20(6) of the Access to Information Act,
(ii) is not prohibited under any other Act of Parliament or territorial law, and
(iii) would not contravene an agreement that a document, part of a document or information, provided to a person or body exercising powers or performing duties or functions under this Act, is confidential and must be treated accordingly.
Application of certain provisions
(2) Sections 27, 28 and 44 of the Access to Information Act apply in respect of any information described in subsection 27(1) of that Act that a person referred to in subsection (1) intends to disclose, with any modifications that the circumstances require, including the following:
(a) the information is deemed to be a record that the head of a government institution intends to disclose; and
(b) any reference to the person who requested access is to be disregarded.
Prevention of unauthorized disclosure
205. Persons referred to in subsection 204(1) must take all necessary precautions to prevent the disclosure of any document, part of a document or information that they are not permitted to disclose under that subsection.
Exercise of discretion
206. The Commission and the Board must take into account the objectives of the Agreement when exercising any discretion relating to the disclosure of information they have under any Act of Parliament.
Rights Preserved
Approval or amendment during assessment
207. (1) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after a project proposal has been submitted in accordance with section 76 is not to be taken into account in the assessment of a project under Part 3 or for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(1).
Approval or amendment after assessment
(2) An approval or amendment referred to in subsection (1) does not apply in respect of a project that was approved under Part 3 before that approval or amendment and is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(1). For greater certainty, such a project is not subject to a new assessment under that Part.
Stoppage, etc. — less than five years
208. (1) Despite paragraphs 74(a) and (b), the following projects are not subject to an assessment under Part 3:
(a) a project that was approved under that Part, was commenced and then stopped or shut down for a period of less than five years; or
(b) the rebuilding of a work that has been closed for a period of less than five years if it relates to a project that was approved under that Part and lawfully carried out.
Deeming — paragraph (1)(b)
(2) Any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the original project referred to in paragraph (1)(b) is deemed to have been made or issued, as the case may be, in relation to the rebuilding of the work.
Interpretation — paragraph (1)(a)
(3) For greater certainty, any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the project referred to in paragraph (1)(a) remains valid.
Approval or amendment of land use plan after authorization
(4) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in paragraph (1)(a) or the original project referred to in paragraph (1)(b) does not apply in respect of the project referred to in paragraph (1)(a) or the rebuilding of the work, as the case may be, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(1).
Stoppage, etc. — five years or more
(5) If the period of stoppage or closure is equal to or greater than five years, the proponent must submit a project proposal to the Commission in accordance with section 76 and that project is deemed to be in conformity with any applicable land use plan. The Commission must verify whether the project is exempt from screening under subsection 78(2), and sections 73 to 75, subsection 78(3) and sections 79, 80, 83 and 85 to 162 apply in respect of the project.
Previous assessments
(6) If a work or an activity is not exempt from a new assessment under subsection (1), any person or body exercising powers or performing duties or functions under Part 3 must consider, and may rely on, any assessment activities carried out under that Part in respect of the original project.
Administration and Enforcement
Designation
Power to designate
209. For the purposes of sections 210 to 215, the federal Minister may designate any employee, or class of employees, of a department or agency to exercise powers in relation to any matter referred to in the designation.
Powers
Authority to enter
210. (1) A person who is designated to verify compliance with this Act or orders made under section 214 may, for that purpose, enter a place in which they have reasonable grounds to believe that a project is being carried out or a document or any thing relating to a project is located.
Powers on entry
(2) The designated person may, for the purpose referred to in subsection (1),
(a) examine anything in the place;
(b) use any means of communication in the place or cause it to be used;
(c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system;
(d) prepare a document, or cause one to be prepared, based on the data;
(e) use any copying equipment in the place, or cause it to be used;
(f) remove any thing from the place for examination or copying;
(g) take photographs and make recordings or sketches;
(h) order the owner or person in charge of the place or any person at the place to establish their identity to the designated person’s satisfaction or to stop or start an activity;
(i) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the designated person’s opinion, is necessary;
(j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
(k) prohibit or limit access to all or part of the place.
Certificate
(3) The federal Minister must provide every designated person with a certificate of designation. On entering any place, that person must, if so requested, produce the certificate to the occupant or person in charge of the place.
Duty to assist
(4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to verify compliance with this Act or orders made under section 214 and must provide any documents, data or information that are reasonably required for that purpose.
Warrant for dwelling-house
211. (1) If the place referred to in subsection 210(1) is a dwelling-house, the designated person may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).
Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that
(a) the dwelling-house is a place referred to in subsection 210(1);
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance with this Act or orders made under section 214; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
Entering private property
212. (1) For the purpose of gaining entry to a place referred to in subsection 210(1), a designated person may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
Person accompanying designated person
(2) A person may, at the designated person’s request, accompany the designated person to assist them in gaining entry to the place referred to in subsection 210(1) and is not liable for doing so.
Use of force
213. In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer.
Orders
Measures required
214. (1) If a person designated to verify compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person or entity to
(a) stop doing something that is in contravention of this Act or cause it to be stopped; or
(b) take any measure that the designated person considers necessary in order for the person or entity to comply with this Act or to mitigate the effects of the contravention.
Notice
(2) The order must be provided in the form of a written notice and must include
(a) a statement of the reasons for the order; and
(b) the time and manner in which the order must be carried out.
Coordination
Activities — designated persons
215. A person who is designated to verify compliance with this Act or orders made under section 214 must coordinate their activities with those of any person designated for the purposes of verifying compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.
Injunction
Court — powers
216. (1) If, on the application of the responsible Minister, as defined in subsection 73(1), it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person who is named in the application to
(a) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or
(b) do an act that, in the opinion of the court, may prevent the commission of the offence.
Notice
(2) At least 48 hours before an injunction is issued under subsection (1), notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.
Prohibitions, Offences and Punishment
Obstruction
217. It is prohibited to knowingly obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act.
False statements or information
218. It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act.
Offence and punishment
219. (1) Any person who contravenes section 74, subsection 147(2) or 152(7) or an order made under paragraph 214(1)(a) or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
False statements or information
(2) Any person who contravenes section 217 or 218 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Continuing offences
(3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Defence
(4) A person may not be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Judicial Matters
Court Jurisdiction
Judicial review — concurrent jurisdiction
220. Despite the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the Attorney General of Nunavut or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Nunavut Court of Justice for any relief against the Commission or the Board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
Court reference
221. The Board or the Commission may refer a question of law or jurisdiction arising in relation to its powers, duties and functions under this Act to the Nunavut Court of Justice.
Standing
222. The designated Inuit organization may apply to a court of competent jurisdiction for
(a) a determination of whether any applica- ble requirement of an applicable land use plan has been implemented under section 69 and, if not, for any order that the Court considers necessary in the circumstances;
(b) a determination of whether a project is, or has been, carried out in accordance with the requirements of paragraph 74(f) and, if not, for any order that the Court considers necessary in the circumstances;
(c) a determination of whether a project is, or has been, carried out in accordance with the terms and conditions set out in the original or amended project certificate and, if not, for any order that the Court considers necessary in the circumstances;
(d) a determination of whether any term or condition referred to in paragraph (c) has been implemented under section 136 or 137 and, if not, for any order that the Court considers necessary in the circumstances;
(e) a determination of whether a project referred to paragraph 152(1)(a), (b) or (c) is, or has been, carried out in accordance with the terms and conditions imposed under subsection 152(6) and, if not, for any order that the Court considers necessary in the circumstances; or
(f) judicial review of any interim or final decision or order made under Part 3.
Decisions final
223. Unless an exemption has been granted under paragraph 82(2)(a), any decision made by the Commission regarding the conformity of a project with a land use plan is final and binding and, except for judicial review under the Federal Courts Act and under section 220, is not subject to appeal to or review by any court.
Immunity
Things done in good faith
224. No action lies against a member or employee of the Commission or the Board, a member of a federal environmental assessment panel or joint panel or a person designated under section 209 for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or perform- ance, of any power, duty or function under this Act.
Disclosure made in good faith
225. No action lies against the Crown, the Commission, the Board, members or employees of the Commission or the Board or members of a federal environmental assessment panel or joint panel for the disclosure in good faith of any document, any part of a document or information under this Act, including by making it available in the public registries, or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.
Time Limits
Authority, etc.
226. The failure of the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel or a responsible Minister to exercise a power or perform a duty or function within a period limited by this Act does not terminate their authority or invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of such a power, duty or function.
General Monitoring
Plan
227. (1) The Government of Canada and the Government of Nunavut must, in cooperation with the Commission, develop a plan for the general monitoring of the long-term state and health of the ecosystemic and socio-economic environment of the designated area and must direct and coordinate that general monitoring and the collection of information relating to it.
Commission
(2) The Commission must, in accordance with the plan developed under subsection (1), collate information provided by industry, departments or agencies and others and prepare periodic reports on the ecosystemic and socio-economic environment of the designated area. The Commission must use that information in the exercise of its powers and the performance of its duties and functions under this Act.
Regulations and Orders
Regulations
228. (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations
(a) prescribing what constitutes a conflict of interest for the purposes of subsections 34(1) and (2) and 115(3); and
(b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel.
Consent of Tunngavik
(2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing
(a) for the purposes of the definition “proj- ect” in subsection 2(1), classes of excluded works or activities; and
(b) for the purposes of subsection 78(2), paragraph 154(1)(a) and subsection 166(2), classes of physical works and activities that are not exempt from screening.
Schedule 2
229. The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency.
Schedule 3 — proposed agreement
230. (1) Before entering into an agreement under item 7 of Schedule 12-1 to the Agreement, the Board must notify the designated Inuit organization and either the federal Minister or the territorial Minister, as the case may be, in writing of the classes of physical works and activities that are the subject of the proposed agreement.
Comments
(2) The recipient of a notice referred to in subsection (1) may, within 120 days after receiving the notice, provide the Board with comments in writing on the proposed agreement.
Notice — agreement
(3) After taking into account any comments received under subsection (2), the Board must notify the designated Inuit organization and either the federal or the territorial Minister, as the case may be, in writing of the agreement, if any, that has been entered into.
Amendment to Schedule 3
(4) The federal Minister must, by order, amend Schedule 3 to add, delete or amend a description of any class of works or activities exempted from screening under an agreement referred to in subsection (3).
PART 6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
Members and employees
231. Members and employees of the Commission and the Board who occupy a position immediately before the coming into force of this section continue in that position as if they had been appointed or employed under this Act.
Policies, priorities and objectives for land use planning
232. Sections 40 to 45 do not apply in respect of policies, priorities, and broad and specific objectives regarding land use planning established, and planning variables identified, under Article 11 of the Agreement and in force on the day on which this section comes into force, but those sections apply in respect of any amendment to such a policy, priority, objective or variable after the coming into force of this section.
Land use plans
233. (1) Any land use plan approved under section 11.5.9 of the Agreement and in force on the day on which this section comes into force remains in force subject to the following rules:
(a) sections 47, 48 and 66 do not apply in respect of it and, for greater certainty, sections 49 to 58 do not apply in respect of it;
(b) it is taken into account for the purposes of sections 46, 68 to 70 and 72, Part 3, paragraph 222(1)(d) and section 223; and
(c) sections 59 to 65 apply in respect of any amendment to it after the coming into force of this section.
Public Registry
(2) The Commission must include any land use plan referred to in subsection (1) in the public registry established under subsection 201(1).
Municipal plans
234. Sections 71 and 72 do not apply in respect of any municipal land use plan developed in accordance with Article 11 of the Agreement and in force on the day on which this section comes into force. Those sections apply in respect of any amendment to such a land use plan after the coming into force of this section.
Projects — assessment under Agreement
235. (1) This Act does not apply in respect of 
(a) a project that is being assessed under the Agreement or is being, or has been, lawfully carried out on the day on which this section comes into force;
(b) a project that was approved under the Agreement before the day on which this section comes into force, was commenced and then stopped or shut down for a period of less than five years, calculated from that day;
(c) the rebuilding of a work that has been closed for a period of less than five years calculated from the day this section comes into force, if it relates to a project that was approved under the Agreement before that day and lawfully carried out; and
(d) a project that was approved under the Agreement before the day on which this section comes into force and commenced within five years of that day.
Exception — significant modification
(2) Despite subsection (1), if, after this section comes into force, there is a significant modification, within the meaning of section 145, to a project referred to in any of paragraphs (1)(a) to (d), this Act applies to that project.
Consequential Amendments
R.S., c. A-1
Access to Information Act
236. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Nunavut Impact Review Board 
Commission du Nunavut chargée de l’examen des répercussions
Nunavut Planning Commission
Commission d’aménagement du Nunavut
2002, c. 10
Nunavut Waters and Nunavut Surface Rights Tribunal Act
237. The definitions “Nunavut Impact Review Board” and “Nunavut Planning Commission” in section 4 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act are replaced by the following:
Explanatory NotesNunavut Waters and Nunavut Surface Rights Tribunal Act
Clause 237: Existing text of the definitions:
“Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 12.2.1 of the Agreement.
“Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 11.4.1 of the Agreement.
Notes explicativesLoi sur les eaux du Nunavut et le Tribunal des droits de surface du Nunavut
Article 237 : Texte des définitions :
« Commission d’aménagement » La Commission d’aménagement du Nunavut visée à l’article 11.4.1 de l’Accord.
« Commission d’examen des projets de développement » La Commission du Nunavut chargée de l’examen des répercussions visée à l’article 12.2.1 de l’Accord.
“Nunavut Impact Review Board”« Commission d’examen des projets de développement »
“Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act.
“Nunavut Planning Commission”« Commission d’aménagement »
“Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act.
238. Subsection 36(2) of the Act is replaced by the following:
Clause 238: Existing text of subsection 36(2):
(2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under section 11.5.10 of the Agreement for conformity with any applicable land use plans approved in accordance with Part 5 of Article 11 of the Agreement.
Article 238 : Texte du paragraphe 36(2) :
(2) Afin d’éviter les pertes de temps et le double emploi, l’Office collabore également avec la Commission en vue de coordonner l’examen des demandes dont il est saisi et l’examen des projets par la Commission — conformément à l’article 11.5.10 de l’Accord — au regard des plans d’aménagement approuvés en conformité avec la partie 5 du chapitre 11 de l’Accord.
Review by Nunavut Planning Commission
(2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act.
239. Subsection 37(1) of the Act is replaced by the following:
Clause 239: Existing text of subsection 37(1):
37. (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel referred to in section 12.4.7 of the Agreement in relation to the screening of projects by that Board and the review of projects by that Board or panel.
Article 239 : Texte du paragraphe 37(1) :
37. (1) Afin d’éviter les pertes de temps et le double emploi, l’Office collabore avec la Commission d’examen des projets de développement ou la commission fédérale d’évaluation environnementale mentionnée à l’article 12.4.7 de l’Accord, selon le cas, en vue de coordonner l’étude des demandes dont il est saisi relativement à l’examen préalable des projets par la Commission et à l’étude d’impact à réaliser à l’égard de ceux-ci par l’autorité saisie.
Screening and review of projects
37. (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel.
240. Sections 38 and 39 of the Act are replaced by the following:
Clause 240: Existing text of sections 38 and 39:
38. (1) The Board may not issue, amend or renew a licence to use waters or deposit waste if there is an applicable land use plan approved in accordance with Part 5 of Article 11 of the Agreement unless the Nunavut Planning Commission, in accordance with section 11.5.10 of the Agreement,
(a) has determined that the use or deposit, or in the case of an amendment any change to the use or deposit, conforms to the land use plan; or
(b) has approved a variance in respect of the use, deposit or change.
(2) The Board shall reject an application in relation to a licence where the Nunavut Planning Commission has informed the Board that the use, deposit or change to which the application relates does not conform to the land use plan and that the Commission will not be approving a variance.
(3) If the Board rejects an application under subsection (2),
(a) the Board shall not take any further action in respect of that application, including any action referred to in subsection 48(3), section 51 or subsection 52(1) or 55(1); and
(b) the applicant may, within one year after the date of the rejection, request an exemption in accordance with section 11.5.11 of the Agreement.
(4) If an exemption referred to in paragraph (3)(b) is obtained, subsection (1) and paragraph (3)(a) no longer apply and the Board shall resume processing the application.
(5) For the purposes of section 47, the date of an application that has been resumed under subsection (4) is the date on which the application was first made.
39. (1) The Board may not issue, amend or renew a licence to use waters or deposit waste where the use or deposit, or in the case of an amendment any change to the use or deposit, or the appurtenant undertaking requires screening in accordance with Part 4 of Article 12 of the Agreement, until the Nunavut Impact Review Board has completed the screening and, where a review under Part 5 or 6 of that Article is required, issued a project certificate referred to in section 12.5.12 or 12.6.17 of the Agreement.
(2) Notwithstanding subsection (1), where an appurtenant undertaking is required to be reviewed, the Board may, before the project certificate is issued, issue, amend or renew a licence to use waters or deposit waste in relation to exploration or developmental work related to the appurtenant undertaking, provided that
(a) the use or deposit falls within Schedule 12-1 of the Agreement or can, in the judgment of the Nunavut Impact Review Board, proceed without the review; or
(b) the licence is issued, amended or renewed for an interim, short-term period.
Article 240 : Texte des articles 38 et 39 :
38. (1) Dans les cas où un plan d’aménagement — approuvé en conformité avec la partie 5 du chapitre 11 de l’Accord — est applicable, il est interdit à l’Office de délivrer, de renouveler ou de modifier un permis tant que la Commission d’aménagement n’a pas, conformément à l’article 11.5.10 de l’Accord :
a) ou bien décidé que l’activité — utilisation des eaux ou rejet de déchets — faisant l’objet du permis à délivrer ou à renouveler ou de la modification est conforme au plan;
b) ou bien approuvé une dérogation.
(2) L’Office doit rejeter toute demande relative à un permis lorsque la Commission l’a informé que l’activité ou la modification n’est pas conforme au plan et qu’elle n’a pas l’intention d’approuver de dérogation.
(3) En cas de rejet de la demande :
a) l’Office cesse toute activité relative à celle-ci, notamment, il n’engage aucune procédure visée au paragraphe 48(3), à l’article 51 ou aux paragraphes 52(1) ou 55(1);
b) son auteur peut, dans l’année suivant le rejet, demander une exemption en conformité avec l’article 11.5.11 de l’Accord.
(4) Dans le cas où l’exemption visée à l’alinéa (3)b) est accordée, le paragraphe (1) et l’alinéa (3)a) cessent de s’appliquer et l’Office reprend l’examen de la demande.
(5) Pour l’application de l’article 47, la date de la demande dont l’examen est prorogé au titre du paragraphe (4) est celle à laquelle elle a d’abord été présentée.
39. (1) Il est interdit à l’Office de délivrer, de renouveler ou de modifier un permis dans les cas où l’activité faisant l’objet du permis à délivrer ou à renouveler ou de la modification, ou encore l’entreprise principale, doit faire l’objet de l’examen préalable prévu à la partie 4 du chapitre 12 de l’Accord, tant que la Commission d’examen des projets de développement n’a pas procédé à cet examen et, lorsque l’étude d’impact prévue par les parties 5 ou 6 du chapitre 12 de l’Accord est requise, délivré le certificat mentionné aux articles 12.5.12 et 12.6.17 de l’Accord.
(2) Par dérogation au paragraphe (1), lorsque l’entreprise principale a été renvoyée pour étude d’impact, le permis peut être délivré, renouvelé ou modifié, bien que le certificat n’ait pas encore été délivré, lorsque l’activité visée se rapporte à des travaux d’exploration ou de préparation et que, selon le cas :
a) l’activité est elle-même visée par l’annexe 12-1 de l’Accord ou peut, de l’avis de la Commission, être pratiquée sans faire l’objet d’une étude d’impact;
b) il s’agit d’une mesure provisoire et à court terme.
Restriction on powers
38. (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if
(a) the assessment of the project under Part 3 of that Act has not been completed;
(b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(3) or 144(3) of that Act;
(c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be;
(d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or
(e) The responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility.
Exception
(2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or development activities referred to in paragraph 154(1)(a) or (b) or subsection 155(1) of the Nunavut Planning and Project Assessment Act.
Non-renewal, etc.
(3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the exploration or development activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed.
241. Subsection 70(3) of the Act is replaced by the following:
Clause 241: Existing text of subsection 70(3):
(3) The Board shall, to the extent that it is authorized under this Act to do so, include in a licence the terms and conditions of any project certificate, referred to in section 12.5.12 or 12.6.17 of the Agreement, that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.
Article 241 : Texte du paragraphe 70(3) :
(3) Dans la mesure de sa compétence au titre de la présente loi, l’Office assujettit le permis à toute condition prévue, le cas échéant, par le certificat mentionné aux articles 12.5.12 et 12.6.17 de l’Accord et délivré relativement à l’activité visée ou à l’entreprise principale.
Terms and Conditions
(3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.
R.S., c. P-21
Privacy Act
242. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Nunavut Impact Review Board 
Commission du Nunavut chargée de l’examen des répercussions
Nunavut Planning Commission
Commission d’aménagement du Nunavut
Coming into Force
Order in council
243. This Act comes into force on a day to be fixed by order of the Governor in Council.
SCHEDULE 1 
(Section 30)
I, ..............., do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the (Nunavut Planning Commission or the Nunavut Impact Review Board). (So help me God.)
SCHEDULE 2 
(Subsection 73(2) and section 229)
DESIGNATED REGULATORY AGENCIES
Canadian Nuclear Safety Commission
Commission canadienne de sûreté nucléaire
National Energy Board
Office national de l’énergie
Nunavut Water Board
Office des eaux du Nunavut
SCHEDULE 3 
(Subsection 78(2), paragraph 154(1)(a) and subsections 166(2) and 230(4))
CLASSES OF WORKS AND ACTIVITIES EXEMPT FROM SCREENING
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada