Bill C-25
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TABLE OF PROVISIONS
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
Preamble
SHORT TITLE
1. Nunavut Planning and Project Assessment Act
INTERPRETATION
2. Definitions
3. Inconsistency with Agreement
4. Rights preserved
APPLICATION
5. Geographic application
6. Binding on Her Majesty
7. Canadian Environmental Assessment Act
CONSULTATION
8. Amendments to this Act
DELEGATION
9. Delegation to territorial Minister
PART 1
COMMISSION AND BOARD
The Nunavut Planning Commission
Constitution
10. Continuance
11. Members
12. Chairperson
13. Acting after expiry of term
Powers, Duties and Functions
14. Additional powers, duties and functions
15. Principles — section 11.2.1 of Agreement
Meetings
16. Participation by telecommunications
By-laws and Rules
17. Powers
The Nunavut Impact Review Board
Constitution
18. Continuance
19. Members
20. Chairperson
21. Acting after expiry of term
Powers, Duties and Functions
22. Additional powers, duties and functions
23. Primary objectives
24. Limitation — socio-economic benefits
Meetings
25. Nunavut Settlement Area
By-laws and Rules
26. Powers
Panels
27. Establishment
General provisions — Commission and Board
Members
28. Vacancies during term
29. Term of office
30. Oath of office
31. Remuneration and expenses
32. Removal
Staff
33. Employment and remuneration
Conflict of Interest
34. Members
Status and General Powers
35. Status
Head Office
36. Nunavut Settlement Area
Languages
37. Language of business
By-laws and Rules
38. Pre-publication
Financial Provisions
39. Annual budget
PART 2
LAND USE PLANNING
Interpretation
40. Definition of “land”
Policies, Priorities and Objectives
41. Designated area
42. Planning regions
43. Consultations
44. Principles and factors
45. Public hearing
Land Use Plans
General Provisions
46. Duty
47. Purposes of plan
48. Contents of plan
Development
49. Preparation of draft
50. Draft to be made public
51. Public hearing
52. Revision — draft plan
53. Submission — draft plan
54. Decision — draft plan
55. Approval — plan
56. Nunavut Water Board
57. Municipalities
58. Factors to consider
Amendment
59. Proposal for amendment
60. Revision of amendment
61. Submission of proposed amendment
62. Decision — proposed amendment
63. Nunavut Water Board
64. Municipalities
65. Factors to consider
Periodic Review
66. Commission
67. Public hearing
Implementation
68. Duty — general
69. Duty — licences, etc.
Parks and Conservation Areas
70. Existing parks and historic places
Municipalities
71. Municipal plans — preparation
72. Compatibility of plans
PART 3
ASSESSMENT OF PROJECTS TO BE CARRIED OUT IN THE DESIGNATED AREA
Interpretation
73. Definitions
Compliance
74. Prohibitions
75. Regulatory authorities
Review by Commission
Project Proposal
76. Duty — proponent
Land Use Plan in Effect
Determination
77. Conformity with plan
Project in Conformity with Land Use Plan
78. Verification — screening
79. Project not exempt from screening
80. Project exempt from screening
Project Not in Conformity With Land Use Plan
81. Minor variance
82. Request for ministerial exemption
Time Limit
83. Performance of certain functions
84. Time not counted — additional information
No Land Use Plan
85. Verification — screening
Screening By Board
86. Scope of project
87. Screening
88. Purpose of screening
89. Project to be reviewed
90. Significance of impacts — factors
91. Project to be modified or abandoned
92. Report — Board
93. Board determines review not necessary
94. Board determines review necessary
95. Board determines project be modified or abandoned
96. Particular issues or concerns — Board
97. Particular issues or concerns — panel
98. Location of impacts
Review
Board
99. Scope of project
100. Review
101. Impact statement — guidelines
102. Conduct of review
103. Factors to consider
104. Report — Board
105. Determination to proceed
106. Determination not to proceed
107. Revised report — rejection of conditions
108. Socio-economic terms and conditions
109. Consultation
110. Notification by Minister
111. Project certificate
112. Reconsideration of terms and conditions
113. Location of impacts
114. Priority
Federal Environmental Assessment Panel
115. Establishment
116. Primary objectives
117. Terms of reference
118. Scope of project
119. Review
120. Impact statement — guidelines
121. Public hearing
122. Factors to consider
123. Report — panel
124. Conclusions — Board
125. Determination to proceed
126. Determination not to proceed
127. Report — rejection of conditions
128. Socio-economic terms and conditions
129. Consultation
130. Approval of the Governor in Council
131. Notification by Minister
132. Project certificate
133. Location of impacts
Project Terms and Conditions
Compatibility
134. Prescribed standards
Monitoring Programs
135. Impacts of project
Implementation
136. Duty — general
137. Duty — licences, etc.
138. Prevailing terms and conditions
139. Decision of an independent regulatory agency
140. Inuit Impact and Benefit Agreements
General Provisions
Modifications to Project During Assessment
141. Notice — proponent
142. Notice — authority assessing project
Suspension of Assessment
143. Request — proponent
144. Additional information
Modifications to Project After Assessment
145. Modification not significant
146. Significant modification
Projects not carried out
147. New assessment
Consultations
148. Consultation — Minister
Multiple Responsible Ministers
149. Joint exercise of powers, etc.
Reasons for Decisions
150. Written reasons
Special Cases
National Security
151. Non-application of this Part
Emergency Situations
152. Non-application of this Part
Community Resupply And Ship Movements
153. No screening
Exploration or Development Activities
154. Exception
155. Exception — Nunavut Water Board
Transboundary Projects
Review by Commission
156. Application — entire project
Screening By Board
157. Application — entire project
Review
Board
158. Scope of project
159. Agreement — coordination
Federal Environmental Assessment Panel or Joint Panel
160. Ministerial decision
161. Federal environmental assessment panel
162. Joint panel
Parks and Conservation Areas
Projects
163. Definition of “responsible authority”
164. Project proposal
165. Conformity with requirements
166. Verification — screening
167. Project not exempt from screening
168. Project exempt from screening
169. Time limit
170. Application of certain provisions
171. Project partly outside a park, etc.
172. Projects inside certain conservation areas
Establishment, Abolition and Alteration of Area
Interpretation
173. Ministerial initiative
Proposal
174. Duty — department or agency
Land Use Plan in Effect
175. Conformity with plan
176. Initiative in conformity with land use plan
177. Initiative not in conformity with land use plan
178. Request for ministerial exemption
179. Time limit
180. Time not counted — additional information
No Land Use Plan
181. Sending of proposal
Applicable Regime
182. Application of certain provisions
Previous Work
183. Consideration
PART 4
REVIEW OF PROJECTS TO BE CARRIED OUT OUTSIDE THE DESIGNATED AREA
184. Initiative
185. Review by Board
186. Report
187. Follow-up
188. Interpretation
PART 5
GENERAL PROVISIONS
Interpretation
189. Initiative
Standing during assessment
190. Standing — certain Indian bands
191. Standing — Makivik
Coordination of Activities
192. Commission and Board
193. Nunavut Water Board
194. Similar institutions
195. Agreement — impacts outside designated area
196. Advice regarding marine areas
Information and Documents
Obtaining Information
197. Required information
198. Limitation — restriction on disclosure
Use of Information
199. Limitation — use relating to exercise of powers, etc.
Communication of Information and Documents
200. Decisions and reports — Commission
201. Public registry — Commission
202. Public registry — Board
203. Joint registry
204. Limitation
205. Prevention of unauthorized disclosure
206. Exercise of discretion
Rights Preserved
207. Approval or amendment during assessment
208. Stoppage, etc. — less than five years
Administration and Enforcement
Designation
209. Power to designate
Powers
210. Authority to enter
211. Warrant for dwelling-house
212. Entering private property
213. Use of force
Orders
214. Measures required
Coordination
215. Activities — designated persons
Injunction
216. Court — powers
Prohibitions, Offences and Punishment
217. Obstruction
218. False statements or information
219. Offence and punishment
Judicial Matters
Court Jurisdiction
220. Judicial review — concurrent jurisdiction
221. Court reference
222. Standing
223. Decisions final
Immunity
224. Things done in good faith
225. Disclosure made in good faith
Time Limits
226. Authority, etc.
General Monitoring
227. Plan
Regulations and Orders
228. Regulations
229. Schedule 2
230. Schedule 3
PART 6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
231. Members and employees
232. Policies, priorities and objectives for land use planning
233. Land use plans
234. Municipal land use plans
235. Projects — assessment under Agreement
Consequential Amendments
236. Access to Information Act
237-241. Nunavut Waters and Nunavut Surface Rights Tribunal Act
242. Privacy Act
Coming into Force
243. Order in Council
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3