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

Policies, Priorities and Objectives

Marginal note: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, priorities and objectives for the designated area regarding the conservation, development, management and use of land.

Marginal note: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.

• Marginal note:Consistency

  (2) The specific planning objectives must be consistent with the broad objectives established for the designated area.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

• Marginal note:No overlap

  (2) For greater certainty, no portion of the designated area is to be subject to more than one land use plan.

• Marginal note: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.

Marginal note: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.

Marginal note:Contents of plan

• 48 (1) A land use plan must provide for the conservation and use of land and 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 applicable planning region;

  • (c) the factors referred to in section 11.3.1 of the Agreement; and

  • (d) Inuit objectives for Inuit owned lands.

• Marginal note: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.

• Marginal note: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 considered and granted.

• Marginal note:Offences

  (4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74(f).

• Marginal note: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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Acceptance and recommendation

  (4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister must recommend its approval to the Governor in Council and the territorial Minister must recommend its approval to the Executive Council of Nunavut.

Marginal note: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).

• Marginal note:Effective date

  (2) A land use plan comes into effect when it is approved under subsection (1).

• Marginal note:Publication

  (3) The Commission must make the land use plan public.

• Marginal note:Statutory Instruments Act

  (4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note: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.

Marginal note:Municipalities

57 The Commission must, in exercising its powers and performing its duties and functions under sections 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.

Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Exception

  (2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated.

Marginal note: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.

• Marginal note:Revised proposal

  (2) If the Commission’s recommendation is rejected, in whole or in part, 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 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.

• Marginal note: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.

• Marginal note: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).

• Marginal note:Publication

  (5) The Commission must make any amendment to a land use plan public.