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

Marginal note:Conduct of review

• 102 (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26.

• Marginal note:Public hearing

  (2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, 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:Summon witnesses, etc.

  (3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to

  • (a) give evidence, orally or in writing; and

  • (b) produce any documents or other things that the Board considers necessary to conduct its review of the project.

• Marginal note:Enforcement of attendance, etc.

  (4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court.

• Marginal note:Hearing may be closed to public

  (5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain

  • (a) confidential, personal, business proprietary or privileged information; or

  • (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm.

• Marginal note:Non-disclosure

  (6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act.

• Marginal note:Enforcement of summonses and orders

  (7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Factors to consider

• 103 (1) In conducting a review of a project, the Board 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, 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) the 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 subsection 96(1); and

  • (p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered.

• Marginal note:Significance

  (2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j).

• Marginal note:Traditional knowledge

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

Marginal note:Report — Board

• 104 (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister 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:Ministerial direction

  (2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency.

• Marginal note:Revised report

  (3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review.

Marginal note:Determination to proceed

105 If the Board determines that a project should proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either

• (a) agree with that determination and either

  • (i) accept the terms or conditions recommended in the report, or

  • (ii) reject those terms and conditions on one or more of the following grounds:

    • (A) one or more of the terms or conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or

    • (B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or

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

Marginal note:Determination not to proceed

106 If the Board makes a determination that a project should not proceed, the responsible Minister must, within 150 days after receiving the Board’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:Revised report — rejection of conditions

• 107 (1) Within 30 days after a decision is made under subparagraph 105(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 it had recommended, make any changes it considers appropriate and submit a revised 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:Revised report — rejection of determination

  (2) Within 30 days after a decision is made under paragraph 106(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised 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

  (3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended 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

108 Despite paragraphs 105(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

109 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 105 or 106, subsection 107(3) or (4) or section 108.

Marginal note:Notification by Minister

110 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project.

Marginal note:Project certificate

• 111 (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice.

• Marginal note:Terms and conditions

  (2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition.

• Marginal note:Content of certificate

  (3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law.

• Marginal note:Statutory Instruments Act

  (4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Extension of time limit

  (5) 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.