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

Marginal note: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

Marginal note:Ministerial initiative

173 If a federal or territorial minister proposes an initiative referred to in subsection 174(1), a reference to a department or agency in subsections 174(1) and (3), 177(6) and 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister.

Proposal

Marginal note: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.

• Marginal note: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).

• Marginal note: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

Marginal note: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.

• Marginal note: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.

Marginal note:Initiative in conformity with plan

176 If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening.

Marginal note:Initiative not in conformity with plan

• 177 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48(3), if any, are met.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

• Marginal note: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).

Marginal note: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

Marginal note: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

Marginal note: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(7), 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 155(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

Marginal note: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.