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

Marginal note:Impact statement — guidelines

• 120 (1) A federal environmental assessment panel must issue guidelines in respect of the preparation of a statement by the proponent on the ecosystemic and socio-economic impacts of the project.

• Marginal note:Exception

  (2) Despite subsection (1), a panel need not issue guidelines if it is of the opinion that the information contained in the description of the project or information submitted under subsection 144(1) is sufficient to allow it to conduct a review of the project.

• Marginal note:Content of impact statement

  (3) The guidelines must specify the types of information referred to in subsection 101(3) that the proponent must include in the impact statement.

• Marginal note:Comments — Board

  (4) The panel must send a draft of the guidelines to the Board, and the Board must provide its comments on them to the panel.

• Marginal note:Comments — departments or agencies, etc.

  (5) The panel must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut and must solicit written and oral comments on them 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:Consultation

  (6) After receiving the Board’s comments and after allowing a reasonable period for the submission of comments under subsection (5), the panel must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent.

• Marginal note:Submission of statement

  (7) The proponent must submit an impact statement prepared in accordance with the guidelines to the panel.

• Marginal note:Recommendations — Board

  (8) As soon as practicable after receiving the impact statement, the panel must send it to the Board so that the Board has sufficient time to analyse the statement and provide its concerns or recommendations to the panel no later than five days before the public hearing.

• Marginal note:Recommendations taken into account

  (9) The panel must take into account the Board’s concerns and recommendations with respect to the impact statement.

Marginal note:Public hearing

• 121 (1) A federal environmental assessment panel must hold a public hearing in respect of a project.

• Marginal note:Duty

  (2) The panel must take all necessary steps to promote public awareness of and 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:Informal proceedings

  (3) A panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of public hearings and in particular must

  • (a) allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and

  • (b) give due regard and weight to the Inuit traditions regarding oral communication and decision-making.

• Marginal note:Designated Inuit organization

  (4) A designated Inuit organization has full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.

• Marginal note:Languages

  (5) The panel must conduct any public hearing in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the responsible Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.

• Marginal note:Members

  (6) Nothing in subsection (5) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut.

• Marginal note:Witnesses

  (7) The panel has the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut, and that in being so heard the witness will not be placed at a disadvantage by not being heard in another of those languages.

• Marginal note:Summon witnesses, etc.

  (8) A panel has, in respect of public hearings, the power to summon any person to appear as a witness before the panel and to order the witness to

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

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

• Marginal note:Enforcement of attendance, etc.

  (9) A panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as a superior court.

• Marginal note:Hearing may be closed to public

  (10) A panel may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or 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

  (11) Evidence, documents or things referred to in subsection (10) 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

  (12) A summons issued or an order made by a panel under subsection (8) 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

• 122 (1) In conducting a review of a project, a federal environmental assessment panel 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 while 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) 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 sections 97 and 117;

  • (p) the concerns and recommendations referred to in subsection 120(8); and

  • (q) any other matter within its jurisdiction that, in its opinion, should be considered.

• Marginal note:Significance of impacts

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

• Marginal note:Knowledge

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

Marginal note:Report — panel

• 123 (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment 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:Report made public

  (2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public.

• Marginal note:Extension of time limit

  (3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing.

Marginal note:Conclusions — Board

124 Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including

• (a) any deficiencies that it has identified in the panel’s report;

• (b) any additional information that it recommends should be obtained;

• (c) its determination as to whether the project should or should not proceed; and

• (d) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project, including mitigative measures.

Marginal note:Determination to proceed

125 If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either

• (a) agree with that determination and either

  • (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or

  • (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or

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

Marginal note:Determination not to proceed

126 If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’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:Report — rejection of conditions

• 127 (1) Within 30 days after a decision is made under subparagraph 125(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 that the panel had recommended, make any changes it considers appropriate and submit a written 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:Report — rejection of determination

  (2) Within 30 days after a decision is made under paragraph 126(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written 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 — terms and conditions

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

128 Despite paragraphs 125(a) and 127(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts.

Marginal note:Consultation

129 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 125 or 126, subsection 127(3) or (4) or section 128.

Marginal note:Approval of Governor in Council

130 Any decision of the responsible Minister made under subparagraph 125(a)(i), paragraph 125(b) or 126(a), subsection 127(3) or (4) or section 128 in relation to a project referred to in subparagraph 94(1)(a)(i) requires the approval of the Governor in Council.

Marginal note:Notification by Minister

131 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with sections 125 to 130, that are to apply in respect of a project.