Bill C-47
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TABLE OF PROVISIONS
SHORT TITLE
1. Northern Jobs and Growth Act
PART 1
NUNAVUT PLANNING AND PROJECT ASSESSMENT ACT
Enactment of Act
2. Enactment
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, 2012
CONSULTATION
8. Amendments to this Act
DELEGATION
9. Delegation to territorial Minister
PART 1
COMMISSION AND BOARD
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
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 — development
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 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 independent regulatory agency
140. Inuit Impact and Benefit Agreements
General Provisions
Modifications to Project During Assessment
141. Notice — proponent
142. Notice — authority assessing project
Requests During Assessment
143. Request — suspension
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, Developmental or Development Activities
154. Licences — Nunavut Water Board
155. Licences — regulatory authorities
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 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 plan
177. Initiative not in conformity with 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 for exercising 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. Designation
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 — proposed agreement
PART 6
TRANSITIONAL PROVISIONS
231. Members and employees
232. Policies, priorities and objectives regarding planning
233. Land use plans
234. Municipal plans
235. Projects — assessment under Agreement
Consequential Amendments
3. Access to Information Act
4. Privacy Act
5-9. Nunavut Waters and Nunavut Surface Rights Tribunal Act
Coming into Force
10. Order in council
PART 2
NORTHWEST TERRITORIES SURFACE RIGHTS BOARD ACT
Enactment of Act
11. Enactment
AN ACT TO ESTABLISH THE NORTHWEST TERRITORIES SURFACE RIGHTS BOARD AND TO MAKE RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Preamble
SHORT TITLE
1. Northwest Territories Surface Rights Board Act
INTERPRETATION
2. Definitions
PRECEDENCE
3. Agreement prevails
APPLICATION
4. Geographical application
5. Binding on Her Majesty
GENERAL PROVISIONS
6. Delegation
7. Review
8. Access subject to consent
ESTABLISHMENT AND ORGANIZATION OF THE NORTHWEST TERRITORIES SURFACE RIGHTS BOARD
Board Established
9. Establishment
10. Purpose
11. Chairperson
12. Alternate members
13. Qualifications and residency requirements
14. Change of residence
15. Term of office
16. Removal
17. Reappointment
18. Remuneration and expenses — members
19. Staff
20. Workers’ compensation
21. Conflict of interest
22. Acts done in good faith
Head Office and Meetings
23. Head office
24. Meetings
Bylaws
25. Powers of Board
Status and General Powers
26. Status
27. Property and contracts
28. Government services and facilities
29. Obtaining information
Languages
30. Language of business
Financial Provisions
31. Annual budget
Annual Report
32. Submission to Minister and content
APPLICATIONS AND HEARINGS
Jurisdiction of the Board
33. Negotiations
34. Resolved matters
35. Matters not raised
Hearings
36. Rules of evidence
37. General powers of Board
38. Reference
39. Parties to hearing
40. Absence of party
41. Location of hearing
Panels
42. Composition
43. Assignment of members
44. Residency and knowledge requirements
45. Absence of panel members
46. Information made available
47. Powers and functions
ORDERS IN RELATION TO DESIGNATED LAND AND TLICHO LANDS
Access Orders
Required Documents
48. Copy of agreement or offer
Obligation of Board To Make Access Orders
49. Minerals — Gwich’in or Sahtu lands
50. Access across — Gwich’in, Sahtu or Tlicho lands
51. Access across — Inuvialuit lands
52. Travel by water — Gwich’in, Sahtu or Tlicho lands
53. Existing right — Gwich’in or Sahtu lands
54. Existing right — Tlicho lands
Terms and Conditions
55. Terms and conditions agreed to by parties
56. Terms and conditions determined by Board
57. Inconsistent terms and conditions
Compensation
58. Compensation agreed to by parties
59. Compensation determined by Board
60. Manner of payment
Payment Before Exercise of Right of Access
61. Access fee and amount for exercise of right of access
Interim Access Orders
62. If compensation not determined
Other Orders
63. Required documents
64. Public utilities
65. Unforeseen damage
66. Factors to be considered
67. Manner of payment
ORDERS IN RELATION TO NON-DESIGNATED LAND
Access Orders
Required Documents
68. Copy of agreement or offer
Obligation of Board To Make Access Orders
69. Minerals
Terms and Conditions
70. Terms and conditions agreed to by parties
71. Terms and conditions determined by Board
72. Inconsistent terms and conditions
Compensation
73. Compensation agreed to by parties
74. Compensation determined by Board
75. Manner of payment
Payment Before Exercise of Right of Access
76. Amount for exercise of right of access
Interim Access Orders
77. If compensation not determined
Other Orders
78. Required documents
79. Unforeseen damage
80. Factors to be considered
81. Manner of payment
GENERAL
Orders and Decisions of the Board
82. Costs
83. Reasons
84. Final and binding
85. Copies
86. Proof of orders
87. Successors
88. Enforcement of orders
Review of Access Orders
89. Review on application
90. Five-year review
Termination of Access Orders
91. Application by party
92. Application by parties
Jurisdiction of the Supreme Court of the Northwest Territories
93. Exclusive jurisdiction
Rules of the Board
94. Mandatory rules
95. Other rules
96. Statutory Instruments Act
97. Notice of proposed rule
Public Registry
98. Contents
Regulations
99. Regulations
TRANSITIONAL PROVISIONS
100. Request for arbitration already made
101. Inuvialuit Agreement
Related Amendments to the Yukon Surface Rights Board Act
12-16. Amendments
Consequential Amendments
17. Access to Information Act
18. Canada Oil and Gas Operations Act
19. Privacy Act
Coming into Force
20. Coming into force
SCHEDULE