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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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 6Transitional Provisions

Marginal note: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.

Marginal note:Policies, priorities and objectives regarding 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.

Marginal note: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(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.

• Marginal note: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).

Marginal note: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.

Marginal note: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 on which 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.

• Marginal note: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.