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

PART 4Review of Projects to Be Carried Out Outside the Designated Area

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 5General Provisions

Interpretation

Marginal note: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.

• Marginal note:Definitions

  (2) The following definitions apply in this Part.

  responsible authority

  responsible authority has the same meaning as in section 163. (autorité compétente)

  responsible Minister

  responsible Minister has the same meaning as in subsection 73(1). (ministre compétent)

Standing During Assessment

Marginal note: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.

Marginal note: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

Marginal note:Commission and Board

192 The Commission and the Board may coordinate their respective activities.

Marginal note: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.

Marginal note: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.

Marginal note:Agreement — impacts outside designated area

• 195 (1) The Government of Canada and the Government of Nunavut must, with the assistance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collaboration between the Board, any federal environmental assessment panel and those governments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area.

• Marginal note:Interpretation

  (2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board.

Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note:Exercise of discretion

  (3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement.

Marginal note: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

Marginal note:Limitation — use for exercising powers, etc.

199 The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act.

Communication of Information and Documents

Marginal note: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).

• Marginal note: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 subsection 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) if the responsible Minister is a territorial minister, provide the federal Minister with any report referred to in subsection 92(1);

  • (d) 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;

  • (e) 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;

  • (f) 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;

  • (g) 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);

  • (h) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 155(1)(b); and

  • (i) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4).

• Marginal note: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 authorities identified by the proponent with any report submitted under subsection 123(1) and any decision that it makes 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).

• Marginal note: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) or 94(1) or (3), section 95, 105 or 106 or subsection 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 authorities identified by the proponent with any decision made by the responsible Minister under section 125 or 126 or subsection 127(3) or (4).

• Marginal note: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).

• Marginal note:Decisions and reports — Minister

  (6) The federal Minister must provide

  • (a) the relevant regulatory authorities with any report submitted under subsection 152(2); and

  • (b) the person or entity referred to in subsection 152(2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152(6).

• Marginal note: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).

• Marginal note: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.

• Marginal note:Interpretation

  (9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164(1), a reference to the Commission is a reference to the responsible authority.