Bill C-25

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-25

An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts

Whereas Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that came into force on July 9, 1993 on its ratification by both parties;

And whereas the Nunavut Planning Commission and the Nunavut Impact Review Board were established under that agreement, which provides that the substantive powers, functions, duties and objectives of those institutions of public government must be set out in statute;

And whereas it is desirable to set out a regime for land use planning and project assessment that recognizes the importance of responsible economic development and conservation and protection of the ecosystems and that encourages the well-being and self-reliance of the Inuit and other residents of the designated area, taking into account the interests of all Canadians;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Nunavut Planning and Project Assessment Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under it.

“Board” means the Nunavut Impact Review Board referred to in section 18.

“Commission” means the Nunavut Planning Commission referred to in section 10.

“conservation area” means an area listed in Schedule 9-1 to the Agreement and any of the following:

(a) a wildlife area established under the Canada Wildlife Act;

(b) a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26;

(c) a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994;

(d) a wetland of international importance, as defined in Article 2 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, concluded at Ramsar on February 2, 1971 and in force in Canada on May 15, 1981, that is designated by the Government of Canada;

(e) a marine protected area designated under paragraph 35(3)(a) of the Oceans Act;

(f) a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act;

(g) a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act;

(h) a historic place designated under the Historic Sites and Monuments Act;

(i) a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and

(j) any other area of particular significance for ecological, cultural, archaeological, research or similar reasons, if established under an Act of Parliament or territorial law.

“department or agency” means

(a) a department, agency or other portion of the federal public administration; and

(b) a department, agency or other division of the public service of Nunavut.

“designated area” means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone.

“designated Inuit organization” means

(a) Tunngavik or, in respect of a provision of this Act, the organization designated in the public record, which is maintained by Tunngavik under the Agreement, as being responsible for the exercise of any power or the performance of any duty or function under the corresponding provision of the Agreement; or

(b) in respect of Inuit owned lands in the areas of equal use and occupancy, Makivik acting jointly with the organization determined under paragraph (a).

“federal Minister” means, other than in section 68, the definition “responsible minister” in subsection 73(1), subsections 135(5), 136(1), and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Indian Affairs and Northern Development.

“interested corporation or organization” for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), means a corporation or other organization that has given written notice to the Commission, the Board or any federal environmental assessment panel, as the case may be, of its interest in providing comments.

“Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.

“Inuktitut” includes Inuinnaqtun.

“land” includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore.

“land use plan” does not include a municipal land use plan.

“Makivik” means the Corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, representing the Inuit of northern Quebec.

“marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.

“municipality” means a municipality or settlement as defined in subsection 28(1) of the Interpretation Act, R.S.N.W.T. 1988, c. I-8, as amended for Nunavut under section 76.05 of the Nunavut Act.

“national park” means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act.

“park” means a national park, a territorial park or a marine conservation area.

“project” means the carrying out, including the construction, operation, modification, decommissioning or abandonment, of a physical work or the undertaking or carrying out of a physical activity that involves the use of land, waters or other resources. It does not include

(a) the undertaking or carrying out of a work or activity if its adverse ecosystemic impacts are manifestly insignificant, taking into account in particular the factors set out in paragraphs 90(a) to (i);

(b) the undertaking or carrying out of a work or activity that is part of a class of works or activities prescribed by regulation; or

(c) the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the munic- ipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activities.

“proponent” means a person or entity, including a federal, provincial or territorial minister, department or agency, a municipality or a designated Inuit organization, that proposes the carrying out of a project.

“regulatory authority” means a Minister — other than for the purposes of section 197 —, a department or agency, a municipality or any other public body responsible for issuing a licence, permit or other authorization required by or under any other Act of Parliament or a territorial law for a project to proceed.

“territorial law” means an Act of the Legislature for Nunavut.

“territorial Minister” means, other than in paragraph 19(2)(d), sections 32 and 68, the definition “responsible minister” in subsection 73(1), subsections 94(5), 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Environment for Nunavut.

“Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.

“waters” means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state.

(2) In this Act

(a) “ecosystemic” has the same meaning as in section 12.1.1 of the Agreement;

(b) “Inuit owned lands”, “marine areas”, “Nunavut Settlement Area”, “Outer Land Fast Ice Zone”, “territorial park” and “wildlife” have the same meaning as in section 1.1.1 of the Agreement; and

(c) “areas of equal use and occupancy” has the same meaning as in section 40.2.2 of the Agreement.

(3) For greater certainty, in this Act the issuance of a licence, permit or other authorization, includes a renewal, an amendment or an extension of its period of validity.

3. (1) In the event of any inconsistency or conflict between the Agreement and this Act or any regulation made under it, the Agreement prevails to the extent of the inconsistency or conflict.

(2) In the event of any inconsistency or conflict between this Act or any regulation made under it and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, or any territorial law or any regulation made under that Act or that territorial law, this Act or its regulations prevail to the extent of the inconsistency or conflict.

(3) In the event of any inconsistency or conflict between an order made under section 214 and an order made by any person designated for the purposes of the administration and enforcement of any other Act of Parliament, any requirement imposed on the carrying out of a project by that Act or a term or condition in any licence, permit or other authorization issued under that Act, the order made under section 214 does not prevail over the other order, the requirement or the term or condition for the sole reason that the provisions of this Act prevail over any inconsistent provisions of any other Act of Parliament.

4. For greater certainty, nothing in this Act or its regulations, or in an original or amended project certificate or in any decision indicating that the assessment of a project is complete and that the proponent may carry it out constitutes a defence to a claim for loss or damage sustained by any person by reason of the carrying out of a project.

APPLICATION

5. (1) This Act applies to the designated area.

(2) This Act also applies to projects to be carried out wholly or partly outside the designated area and to impacts outside that area to the extent necessary to give effect to sections 80, 98, 113, 133, 156 to 162, 168 and 185 to 187.

6. This Act is binding on Her Majesty in right of Canada or a province.

7. The Canadian Environmental Assessment Act does not apply in respect of the designated area.

CONSULTATION

8. The federal Minister must consult closely with the territorial Minister, the designated Inuit organization, the Commission and the Board with respect to any amendment to this Act.

DELEGATION

9. (1) The federal Minister may delegate, in writing, to the territorial Minister any of the federal Minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation. However, the delegation must not abrogate or derogate from any Inuit rights under the Agreement.

(2) The federal Minister must notify the designated Inuit organization in writing of any delegation made under subsection (1).

PART 1

COMMISSION AND BOARD

The Nunavut Planning Commission

Constitution

10. The Nunavut Planning Commission, established under the Agreement, is continued under this Act.

11. (1) The federal Minister must appoint the members of the Commission, including the Chairperson.

(2) The following rules apply in respect of the appointment of members of the Commission, other than the Chairperson:

(a) at least one member must be appointed on the nomination of the federal Minister;

(b) at least one member must be appointed on the nomination of the territorial Minister; and

(c) one half of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1).

(3) The organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1) may, for the purpose of ensuring appropriate representation from any planning region in the preparation or amendment of a land use plan, nominate one or more persons to act in the place of an equivalent number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of that organization act in the place of the member or members identified by the organization.

(4) If the Commission is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(c) and identified by the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1).

(5) At least one half of the members appointed under subsection (2) must reside in the designated area.

(6) Employees of a department or agency are not eligible to be members of the Commission.

12. (1) After consultation with the territorial Minister, the Chairperson of the Commission is to be appointed from among the persons who are nominated by the Commission.

(2) If a member of the Commission is appointed Chairperson, the federal Minister must appoint another person to be a member of the Commission in accordance with section 11.

13. If a Commission member’s term expires before the review of a project by the Commission is complete, the member continues to act as a member in relation to that project until that review is complete. The Chairperson of the Commission must notify the federal Minister in writing of any member acting under this section.

Powers, Duties and Functions

14. In addition to its powers, duties and functions specified elsewhere in this Act, the Commission must

(a) monitor projects approved under Part 3 to verify that they are carried out in conformity with any applicable land use plan;

(b) report annually in writing to the federal Minister, the territorial Minister and the designated Inuit organization on the implementation of the land use plan;

(c) contribute to the development and review of marine policy in the Arctic;

(d) exercise the powers and perform the duties and functions referred to in section 11.9.1 of the Agreement in relation to the cleanup of waste sites; and

(e) exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization.

15. The Commission must exercise its powers and perform its duties and functions with a view to fulfilling the objectives of the Agreement in relation to land use planning in accordance with the principles referred to in section 11.2.1 of the Agreement.

Meetings

16. Subject to the Commission’s by-laws and rules, a member of the Commission may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

By-laws and Rules

17. (1) The Commission may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting

(a) the calling of its meetings and sittings and the conduct of business at them;

(b) the establishment of technical panels;

(c) procedures for making submissions and complaints to the Commission;

(d) procedures for collecting information and opinions, including procedures for conducting formal and informal hearings and public reviews;

(e) the form and content of descriptions to be submitted with respect to projects; and

(f) the admissibility of evidence.

(2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision-making.

(3) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

The Nunavut Impact Review Board

Constitution

18. The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.

19. (1) The Board consists of nine members, including the Chairperson.

(2) The members of the Board, other than the Chairperson, must be appointed as follows:

(a) two members must be appointed by the federal Minister;

(b) four members must be appointed by the federal Minister on the nomination of the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1);

(c) one member must be appointed by the territorial Minister; and

(d) one member must be appointed by one or more territorial Ministers.

(3) Despite subsection (1), additional members may be appointed for a specific purpose in the manner and in the proportions set out in subsection (2).

(4) If the Board is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(b). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(b) and identified by the organization referred to in paragraph (a) of the definition “designated Inuit organization” in subsection 2(1).

20. (1) After consulting with the territorial Minister, the federal Minister must appoint a Chairperson of the Board from among the persons nominated by the other members of the Board. If there are equally qualified nominees, the federal Minister must give preference to the nominees who reside in the designated area.

(2) If a member of the Board, appointed under any of paragraphs 19(2)(a) to (d), is appointed Chairperson, the Minister who appointed that member must appoint another person to be a member of the Board under that paragraph.

21. If a Board member’s term expires before the screening or review of a project by the Board is complete, the member continues to act as a member in relation to that project until the screening or review is complete. The Chairperson of the Board must notify the federal Minister in writing of any member acting under this section.

Powers, Duties and Functions

22. In addition to its powers, duties and functions specified elsewhere in this Act, the Board must exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization.

23. (1) The Board must exercise its powers and perform its duties and functions in accord- ance with the following primary objectives:

(a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and

(b) to protect the ecosystemic integrity of the designated area.

(2) In exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a), the Board must take into account the well-being of residents of Canada outside the designated area.

(3) For greater certainty, the Board must exercise its powers and perform its duties and functions under paragraphs 92(2)(a), 104(1)(c) and 112(5)(b), section 124 and subsection 152(4) in accordance with the objectives set out in subsection (1).

24. The Board is not authorized to establish, in the exercise of its powers or the performance of its duties and functions, requirements relating to socio-economic benefits.

Meetings

25. (1) The Board must, whenever practi- cable, hold its meetings within the Nunavut Settlement Area.

(2) A member of the Board may, subject to the Board’s by-laws and rules, participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

(3) The Chairperson must call a meeting of the Board within 21 days after receiving a written request for a meeting, indicating its purpose, from at least five members.

(4) Decisions of the Board must be made by a majority of votes, with each member, other than the Chairperson, having one vote. In the case of a tie vote, the Chairperson must cast the deciding vote.

(5) Five members of the Board constitute a quorum.

By-laws and Rules

26. (1) The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting

(a) the calling of meetings of the Board and the conduct of business at them;

(b) the establishment of special and standing committees and the fixing of quorum for meetings of those committees;

(c) procedures for making submissions and complaints to the Board;

(d) procedures and guidelines for collecting information and opinions, including procedures for the conduct of public hearings by the Board or one of its panels;

(e) the establishment of guidelines for the preparation of impact statements;

(f) the establishment of guidelines respecting time limits for completing each step of a review that the Board carries out under Part 3 or 4; and

(g) the admissibility of evidence in public hearings conducted by the Board or one of its panels.

(2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision-making.

(3) By-laws and rules relating to the conduct of public hearings must

(a) emphasize flexibility and informality to the extent that is consistent with the general application of the rules of procedural fairness and natural justice and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and

(b) with respect to any classification of intervenors, allow a designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents.

(4) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Panels

27. (1) The Board may establish panels and delegate any of its powers, duties and functions to them.

(2) The Board must appoint a Chairperson for each panel.

(3) In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraphs 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b).

General provisions — Commission and Board

Members

28. If a vacancy occurs during the term of a member of the Commission or the Board, other than a member appointed under subsection 19(3), the Minister who appointed the member must appoint another member as soon as practicable in accordance with section 11 or 19, as the case may be.

29. (1) Members of the Commission and the Board, including the Chairpersons and any member appointed under section 28, are appointed to hold office for a term of three years.

(2) Despite subsection (1), members appointed under subsection 11(3) or (4) or 19(3) or (4) are appointed to hold office for a term not exceeding three years.

(3) A member is eligible to be reappointed to the Commission or the Board in the same or another capacity.

30. Before taking up their duties, members of the Commission and the Board must take the oath of office set out in Schedule 1 before a person who is authorized by law to administer oaths.

31. (1) The members of the Commission and the Board must receive fair remuneration, as determined by the federal Minister, for the performance of their duties and must be paid any travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties and that are consistent with Treasury Board directives for public servants.

(2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

32. A member of the Commission or the Board may be removed for cause by the Minister who appointed the member. If the member was nominated by the designated Inuit organization or the territorial Minister, the federal Minister may remove the member only after consulting the designated Inuit organization or the territorial Minister, as the case may be.

Staff

33. (1) The Commission and the Board may employ any officers and employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Commission or the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.

(2) An officer or employee of the Commission or the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Conflict of Interest

34. (1) No member of the Commission or the Board may participate in a decision on a matter in which that member has a conflict of interest.

(2) No officer or employee of the Commission or the Board or agent, adviser or expert may act in a matter in which that person has a conflict of interest.

(3) A member referred to in subsection (1) or a person referred to in subsection (2) is not placed in a conflict of interest solely because that member or person is an Inuk as defined in section 1.1.1 of the Agreement.

(4) Subject to any regulations made under paragraph 228(1)(a) and any rules established by the Treasury Board, the Commission and the Board may issue guidelines regarding conflicts of interest in respect of their members or persons referred to in subsection (2).

Status and General Powers

35. (1) The Commission and the Board are institutions of public government.

(2) The Commission and the Board may, for the purposes of conducting their business,

(a) acquire property in their own names and dispose of the property; and

(b) enter into contracts in their own names.

(3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation.

Head Office

36. The head offices of the Commission and the Board must be in the Nunavut Settlement Area.

Languages

37. (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut.

(2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut.

(3) Nothing in subsection (1) or (2) 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.

(4) The Commission or the Board has, in any proceedings before it, 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.

By-laws and Rules

38. (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by

(a) publishing the proposed by-law or rule on its website;

(b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and

(c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area.

(2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice.

(3) The Commission or the Board may only make the by-law or rule if it has responded to any comments made within the time limit set out in subsection (2).

(4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed by-law or rule that results from comments made by interested persons.

(5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area.

Financial Provisions

39. (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval.

(2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

(3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them.

(4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister.

PART 2

LAND USE PLANNING

Interpretation

40. In this Part, “land” includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.

Policies, Priorities and Objectives

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, prior- ities and objectives for the designated area regarding the conservation, development, management and use of land.

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.

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

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.

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.

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

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.

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

(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.

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.

48. (1) A land use plan must provide for the conservation and use of land, 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 applica- ble planning region;

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

(d) Inuit objectives for Inuit owned lands.

(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.

(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 granted.

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

(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

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.

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.

(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.

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.

(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.

(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.

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.

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.

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.

(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.

(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.

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

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).

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

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

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

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.

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

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

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.

(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.

(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.

(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.

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.

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.

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

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.

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

(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.

(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).

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

63. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(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.

64. The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates.

65. In exercising their powers and performing their duties and functions under subsections 59(2) and (3), sections 60 and subsections 62(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.

Periodic Review

66. The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48.

67. The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17.

Implementation

68. Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it.

69. (1) Each regulatory authority must, to the extent of its authority to do so, ensure that any licence, permit or other authorization that it issues implements any applicable requirements of any applicable land use plan, including those identified under subsection 48(4).

(2) If a minor variance or a ministerial exemption has been granted in respect of a project under paragraph 81(2)(a) or 82(2)(a), as the case may be, subsection (1) does not apply in respect of the requirements for that project in respect of which the variance or exemption was granted.

(3) For greater certainty, a regulatory authority may impose, to the extent of its authority to do so, requirements that are in addition to, or more stringent than, those referred to in subsection (1).

(4) A regulatory authority may consult the Commission with a view to determining the most effective means of complying with its obligation under subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Commission in order to obtain its comments and recommendations.

Parks and Conservation Areas

70. (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency.

(2) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan established under this Part apply in respect of any initiative whose purpose is to establish a park or designate a historic place referred to in subsection (1).

(3) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan established under this Part apply in respect of conservation areas, other than historic places referred to in subsection (1), after they are established and to any initiative whose purpose is to establish such a conservation area.

Municipalities

71. (1) The principles set out in Article 11 of the Agreement in respect of land use planning must guide the development of municipal land use plans for municipalities in the designated area.

(2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan.

72. The Commission and municipalities must cooperate for the purpose of ensuring compatibility between municipal land use plans and any land use plan established under this Part.

PART 3

ASSESSMENT OF PROJECTS TO BE CARRIED OUT IN THE DESIGNATED AREA

Interpretation

73. (1) The following definitions apply in this Part.

“responsible Minister” means

(a) the federal Minister or the territorial Minister, as the case may be, who has the jurisdictional responsibility for authorizing a project to proceed; or

(b) the Minister of Indian Affairs and Northern Development, if there is no federal Minister or territorial Minister who has the responsibility referred to in paragraph (a).

“traditional knowledge” means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and with the environment, that is rooted in the traditional way of life of Inuit of the designated area.

(2) Paragraph (b) of the definition “responsible Minister” in subsection (1) applies if the responsibility for authorizing the project to proceed is under the sole jurisdiction of a designated regulatory agency set out in Sched- ule 2.

Compliance

74. It is prohibited to carry out a project, in whole or in part, if

(a) a project proposal referred to in section 76 has not been submitted to the Commission;

(b) the assessment of the project under this Part has not been completed;

(c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(3) or 144(3);

(d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be;

(e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed;

(f) the project is not carried out in accordance with any requirement identified, under subsection 48(4), in any applicable land use plan, other than a requirement in relation to which a minor variance or a ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; or

(g) the project is not carried out in accord- ance with the terms and conditions set out in the original or amended project certificate.

75. (1) A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if

(a) a project proposal has not been submitted to the Commission in accordance with section 76;

(b) the assessment of the project under this Part has not been completed;

(c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(3) or 144(3);

(d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be; or

(e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed.

(2) A licence, permit or other authorization issued in contravention of any of paragraphs (1)(a) to (e) is of no force or effect.

(3) A regulatory authority may issue any licence, permit or other authorization relating to a project approved under this Part that has not been significantly modified without a new assessment of the project being carried out under this Part.

Review by Commission

Project Proposal

76. (1) The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Commission.

(2) A project proposal must contain a description of the project prepared in accord- ance with the by-laws and rules made under paragraph 17(1)(e).

(3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, and they are deemed to be a single project for the purposes of this Act.

(4) The Commission must publish in its public registry a notice of receipt of the project proposal. That notice must contain a summary of the project, including a description of its nature and an indication of where it is to be carried out, and the proponent’s name.

Land Use Plan in Effect

Determination

77. (1) The Commission must determine if a project is in conformity with the land use plan that is applicable to the place where the project is to be carried out.

(2) If different portions of the project are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the project is not in conformity with the land use plan applicable to it, the entire project is deemed to not be in conformity.

Project in Conformity with Land Use Plan

78. (1) If the Commission determines that the project is in conformity with any applicable land use plan, it must verify whether the project is exempt from screening.

(2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation.

(3) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening.

79. If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening.

80. (1) If a project is exempt from screening and the Commission has concerns in respect of any 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 inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project.

(2) If a project is exempt from screening and the Commission does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) 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.

(3) In performing its functions under subsections (1) and (2), the Commission must consider impacts both inside and outside the designated area.

Project Not in Conformity With Land Use Plan

81. (1) If the Commission determines that the project is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to such a project and whether the conditions set out under subsection 48(3), if any, are met.

(2) If the land use plan authorizes the granting of minor variances and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the project is not in conformity with the plan,

(a) grant a minor variance, in which case it must verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or

(b) refuse to grant a minor variance.

(3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.

(4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission in writing that the proposed minor variance should not be granted because

(a) the land use plan does not authorize the granting of the minor variance;

(b) the conditions subject to which a minor variance may be granted are not met; or

(c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.

(5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.

(6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the proponent of the extension in writing.

82. (1) If the Commission determines that the project is not in conformity with an applicable land use plan, the proponent may request an exemption from the federal Minister or the territorial Minister or both, taking into account their respective jurisdictions, within 60 days after

(a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or

(b) the Commission’s decision to refuse to grant a minor variance.

(2) The Minister or Ministers, as the case may be, must, within 120 days after receiving a request under subsection (1) either

(a) grant the exemption, in which case the Commission must make the decision public, verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or

(b) refuse the exemption.

(3) An exemption may only be granted after consultation with the Commission and the relevant regulatory authorities and relevant departments or agencies that are not regulatory authorities.

(4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision under subsection (2), that Minister may extend the period referred to in that subsection by up to 60 days and must notify the proponent and the Commission of the extension in writing.

Time Limit

83. (1) The Commission must exercise its powers and perform its duties and functions under sections 77 to 80 within 45 days after receiving the project proposal.

(2) If the Commission determines that a project is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties or functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1).

(3) If the Commission conducts a public review under subsection 81(5), any time required to conduct it does not count as part of the period referred to in subsection 81(2).

84. Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the periods referred to in subsections 81(2) and (4) and 83(1).

No Land Use Plan

85. (1) If there is no applicable land use plan, the Commission must, within 45 days after receiving the project proposal, verify whether the project is exempt from screening under subsection 78(2) and must comply with the requirements of section 79 or 80, as the case may be.

(2) The Commission may consult the Board on whether a particular project is exempt from screening.

(3) Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the period referred to in subsection (1).

Screening By Board

86. (1) The Board must determine the scope of a project in relation to which a project proposal is received under section 79 or subsection 80(1) and must

(a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and

(b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it.

(2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them.

(3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the screening and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project.

87. The Board must screen the project if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1).

88. The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel, as the case may be.

89. (1) The Board must be guided by the following considerations when it is called on to determine, on the completion of a screening, whether a review of the project is required:

(a) a review is required if, in the Board’s opinion,

(i) the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities,

(ii) the project will cause significant public concern, or

(iii) the project involves technological innovations, the effects of which are unknown; and

(b) a review is not required if, in the Board’s opinion,

(i) the project is unlikely to cause significant public concern, and

(ii) its adverse ecosystemic and socio-economic impacts are unlikely to be significant, or are highly predictable and can be adequately mitigated by known technologies.

(2) The considerations set out in paragraph (1)(a) prevail over those set out in paragraph (1)(b).

(3) In subparagraph (1)(a)(i), “harvest” has the same meaning as in section 1.1.1 of the Agreement.

90. In determining the significance of impacts for the purposes of section 88 and subparagraphs 89(1)(a)(i) and (b)(ii), the Board must take into account the following factors:

(a) the size of the geographic area, including the size of wildlife habitats, likely to be affected by the impacts;

(b) the ecosystemic sensitivity of that area;

(c) the historical, cultural and archaeological significance of that area;

(d) the size of the human and the animal populations likely to be affected by the impacts;

(e) the nature, magnitude and complexity of the impacts;

(f) the probability of such impacts occurring;

(g) the frequency and duration of such impacts;

(h) the reversibility or irreversibility of such impacts;

(i) the cumulative 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; and

(j) any other factor that the Board considers relevant to the assessment of the significance of impacts.

91. The Board must make a determination that a project should be modified or abandoned if the Board is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts.

92. (1) The Board must submit a written report to the responsible Minister containing a description of the project that specifies its scope and indicating that

(a) a review of the project is not required;

(b) a review of the project is required; or

(c) the project should be modified or abandoned.

(2) In its report, the Board may also

(a) recommend specific terms and conditions to apply in respect of a project that it determines may be carried out without a review;

(b) identify particular issues or concerns that should be considered in the review of a project that it determines should be reviewed; and

(c) provide information regarding the nature and extent of the regional impacts of a project that the responsible Minister must take into account when determining whether a project is in the regional interest.

(3) The Board must submit the report and the project proposal to the responsible Minister within a period that allows the relevant regulatory authorities to issue, within any period prescribed by law or regulation, a licence, permit or other authorization in respect of the project or, if it is earlier, within 45 days after the latest of

(a) the day on which the Board receives the project proposal under section 79 or subsection 80(1);

(b) the day on which the Board receives any information that is required under subsection 144(1); and

(c) the day on which the Board receives a decision, by reason of subsection 86(3), that the project is in conformity with any applica- ble land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to the project.

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

93. (1) If the Board determines that a review of the project is not required, the responsible Minister must, within 15 days after receiving the Board’s report, either

(a) agree with that determination, in which case the responsible Minister must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) 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; or

(b) reject that determination, if the responsible Minister is of the opinion that the project should be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 120 days and must notify the proponent and the Board of the extension in writing.

(3) The responsible Minister is deemed to have made a decision under paragraph (1)(a) if, within the period referred to in subsection (1), that Minister does not make a decision under that subsection and does not extend that period under subsection (2).

94. (1) If the Board determines that a review of the project is required, the responsible Minister must, within 90 days after receiving the Board’s report, either

(a) agree with that determination and send the project proposal

(i) to the Minister of the Environment in order that a federal environmental assessment panel conduct the review if the project involves a matter of national interest and the responsible Minister — after consultation with the Minister of the Environment, the territorial minister and the Board — determines that it is more appropriate for the review to be conducted by such a panel than by the Board,

(ii) to the Minister of the Environment in order that a federal environmental assessment panel or a joint panel conduct the review, as the case may be, if the project is to be carried out partly outside the designated area,

(iii) despite subparagraph (ii), to the Board to conduct the review if the project is to be carried out partly outside the designated area and the responsible Minister, the Minister of the Environment and the Board determine that the review is to be conducted by the Board, or

(iv) to the Board for a review in any other case; or

(b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest, and that Minister must indicate in the decision either that the project could be modified and an amended project proposal submitted to the Commission or that the project is not to proceed.

(2) The responsible Minister may only send a project proposal to the Minister of the Environment under subparagraph (1)(a)(i) on an exceptional basis.

(3) Despite subparagraphs (1)(a)(ii) and (iii), if the only activity relating to a project to be carried out outside the designated area is the transportation of persons or goods, the responsible Minister must send the project proposal to the Board to conduct the review unless

(a) that Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel or a joint panel, as the case may be, than by the Board; and

(b) the Minister of the Environment agrees with that determination.

(4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may consult with the Board and the Minister of Environment.

(5) If the responsible Minister is a territorial minister, the reference to “responsible Minister” in subparagraph (1)(a)(i) means the federal Minister.

(6) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 90 days and must notify the proponent and the Board of the extension in writing.

95. (1) If the Board determines that a project should be modified or abandoned, the responsible Minister must, within 120 days after receiving the Board’s report and after consultation with the Board, either

(a) agree with the determination that the project has the potential to result in unacceptable adverse ecosystemic and socio-economic impacts and in the decision indicate either that

(i) the project could be modified and an amended project proposal submitted to the Commission, or

(ii) the project is not to proceed; or

(b) reject that determination if the responsible Minister is of the opinion that it is in the national or regional interest that the project be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal.

(2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent and the Board of the extension in writing.

96. (1) The responsible Minister may, when sending a project proposal to the Board for review under subparagraph 94(1)(a)(iii) or (iv) or subsection 94(3), identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the Board in its review of the project.

(2) For greater certainty, nothing in subsection (1) restricts the Board’s ability to consider any other issue or concern within its jurisdiction in the course of its review.

97. When sending a project proposal to a federal environmental assessment panel under subparagraph 94(1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project.

98. The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 88 to 97.