Nunavut Planning and Project Assessment Act (S.C. 2013, c. 14, s. 2)

Marginal note:Factors to consider

• 122 (1) In conducting a review of a project, a federal environmental assessment panel must take into account the following factors:

  • (a) the purpose of the project, and the need for the project;

  • (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area while taking into account the interests of other Canadians;

  • (c) whether the project reflects the priorities and values of the residents of the designated area;

  • (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change;

  • (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d);

  • (f) the cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out;

  • (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area;

  • (h) the measures, including those proposed by the proponent, that should be taken to

    • (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans,

    • (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits,

    • (iii) compensate persons whose interests are adversely affected by the project, and

    • (iv) restore ecosystemic integrity after the permanent closure of the project;

  • (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h);

  • (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area;

  • (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent;

  • (l) the interests in land and waters that the proponent has acquired or seeks to acquire;

  • (m) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options;

  • (n) the posting of performance bonds;

  • (o) the particular issues or concerns identified under sections 97 and 117;

  • (p) the concerns and recommendations referred to in subsection 120(8); and

  • (q) any other matter within its jurisdiction that, in its opinion, should be considered.

• Marginal note: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).

• Marginal note:Knowledge

  (3) In its review of a project, the panel must take into account any traditional knowledge or community knowledge provided to it.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note:Determination to proceed

125 If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

• (a) agree with that determination and either

  • (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or

  • (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or

• (b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest.

Marginal note:Determination not to proceed

126 If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

• (a) agree with that determination; or

• (b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest.

Marginal note:Report — rejection of conditions

• 127 (1) Within 30 days after a decision is made under subparagraph 125(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions that the panel had recommended, make any changes it considers appropriate and submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

• Marginal note:Report — rejection of determination

  (2) Within 30 days after a decision is made under paragraph 126(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project.

• Marginal note: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.

• Marginal note: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.

Marginal note:Socio-economic terms and conditions

128 Despite paragraphs 125(a) and 127(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note: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.

Marginal note:Approval of Governor in Council

130 Any decision of the responsible Minister made under subparagraph 125(a)(i), paragraph 125(b) or 126(a), subsection 127(3) or (4) or section 128 in relation to a project referred to in subparagraph 94(1)(a)(i) requires the approval of the Governor in Council.

Marginal note: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.

Marginal note: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.

• Marginal note:Application of subsections 111(2) to (4)

  (2) Subsections 111(2) to (4) apply in respect of the project certificate issued under subsection (1).

• Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note:Prescribed standards

134 In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of a project, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by any environmental or socio-economic Act of Parliament of general application or territorial law of general application or by any regulation of general application made under such an Act or law.

Monitoring Programs

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Other responsibilities

  (5) For greater certainty, federal and territorial ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law.

• Marginal note: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).