Nunavut Planning and Project Assessment Act

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

Canada (Federal)· N-28.75· 1,146 sections· current to 2022-05-27In force

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Policy areas

Natural Resources & Energy Indigenous Affairs Environment & Climate Economy, Business & Trade

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Sections1,146

1Short title
This Act may be cited as the Nunavut Planning and Project Assessment Act.
2Definitions
2(1)
The following definitions apply in this Act.
2(1)[p3]
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. (accord)
2(1)[p4]
Board means the Nunavut Impact Review Board referred to in section 18. (Version anglaise seulement)
2(1)[p5]
Commission means the Nunavut Planning Commission referred to in section 10. (Version anglaise seulement)
2(1)[p6]
conservation area means an area listed in Schedule 9-1 to the Agreement and any of the following:
2(1)[p6](a)
a wildlife area established under the Canada Wildlife Act;
2(1)[p6](b)
a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26;
2(1)[p6](c)
a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994;
2(1)[p6](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;
2(1)[p6](e)
a marine protected area designated under paragraph 35(3)(a) of the Oceans Act;
2(1)[p6](f)
a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act;
2(1)[p6](g)
a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act;
2(1)[p6](h)
a historic place designated under the Historic Sites and Monuments Act;
2(1)[p6](i)
a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and
2(1)[p6](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. (aire de préservation)
2(1)[p17]
department or agency means
2(1)[p17](a)
a department, agency or other portion of the federal public administration; and
2(1)[p17](b)
a department, agency or other division of the public service of Nunavut. (ministère ou organisme)
2(1)[p20]
designated area means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone. (région désignée)
2(1)[p21]
designated Inuit organization means
2(1)[p21](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
2(1)[p21](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). (organisation inuite désignée)
2(1)[p24]
federal Minister means, other than in the definition proponent in this subsection, 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 Northern Affairs. (ministre fédéral)
2(1)[p25]
interested corporation or organization means, for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), 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. (intéressée)
2(1)[p26]
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. (Inuits du Nord québécois)
2(1)[p27]
Inuktitut includes Inuinnaqtun. (inuktitut)
2(1)[p28]
land includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore. (terres)
2(1)[p29]
land use plan does not include a municipal land use plan. (plan d’aménagement)
2(1)[p30]
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. (Makivik)
2(1)[p31]
marine conservation area means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act. (aire marine de préservation)
2(1)[p32]
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. (municipalité)
2(1)[p33]
national park means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act. (parc national)
2(1)[p34]
park means a national park, a territorial park or a marine conservation area. (parc)
2(1)[p35]
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
2(1)[p35](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);
2(1)[p35](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
2(1)[p35](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 municipality 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. (projet)
2(1)[p39]
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. (promoteur)
2(1)[p40]
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. (autorité administrative)
2(1)[p41]
territorial law means an Act of the Legislature for Nunavut. (loi territoriale)
2(1)[p42]
territorial Minister means, other than in the definition proponent in this subsection, paragraph 19(2)(d), section 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, subsection 189(1) and paragraph 200(2)(c), the Minister of Environment for Nunavut. (ministre territorial)
2(1)[p43]
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. (Tunngavik)
2(1)[p44]
waters means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state. (eaux)
2(2)Definitions from Agreement
In this Act
2(2)(a)
ecosystemic has the same meaning as in section 12.1.1 of the Agreement;
2(2)(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
2(2)(c)
areas of equal use and occupancy has the same meaning as in section 40.2.2 of the Agreement.
2(3)Interpretation
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.
3Inconsistency with Agreement
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.
3(2)Inconsistency with other Acts
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(3)Limitation — orders
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.
4Rights preserved
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.
5Geographic application
5(1)
This Act applies to the designated area.
5(2)Application outside designated area
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.
6Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
7Impact Assessment Act
The Impact Assessment Act does not apply in respect of the designated area.
8Amendments to this Act
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.
9Delegation to territorial Minister
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.
9(2)Notice
The federal Minister must notify the designated Inuit organization in writing of any delegation made under subsection (1).
10Continuance
The Nunavut Planning Commission, established under the Agreement, is continued under this Act.
11Members
11(1)
The federal Minister must appoint the members of the Commission, including the Chairperson.
11(2)Composition
The following rules apply in respect of the appointment of members of the Commission, other than the Chairperson:
11(2)(a)
at least one member must be appointed on the nomination of the federal Minister;
11(2)(b)
at least one member must be appointed on the nomination of the territorial Minister; and
11(2)(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).
11(3)Substitution
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.
11(4)Areas of equal use and occupancy
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).
11(5)Residence requirement
At least one half of the members appointed under subsection (2) must reside in the designated area.
11(6)Persons not eligible for appointment
Employees of a department or agency are not eligible to be members of the Commission.
12Chairperson
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.
12(2)Appointment of another member
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.
13Acting after expiry of term
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.
14Additional powers, duties and functions
In addition to its powers, duties and functions specified elsewhere in this Act, the Commission must
14(a)
monitor projects approved under Part 3 to verify that they are carried out in conformity with any applicable land use plan;
14(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;
14(c)
contribute to the development and review of marine policy in the Arctic;
14(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
14(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.
15Principles — section 11.2.1 of Agreement
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.
16Participation by telecommunications
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.
17Powers
17(1)
The Commission may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting
17(1)(a)
the calling of its meetings and sittings and the conduct of business at them;
17(1)(b)
the establishment of technical panels;
17(1)(c)
procedures for making submissions and complaints to the Commission;
17(1)(d)
procedures for collecting information and opinions, including procedures for conducting formal and informal public hearings and public reviews;
17(1)(e)
the form and content of descriptions to be submitted with respect to projects; and
17(1)(f)
the admissibility of evidence.
17(2)Inuit traditions
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.
17(3)Statutory Instruments Act
By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.
18Continuance
The Nunavut Impact Review Board, established under the Agreement, is continued under this Act.
19Members
19(1)
The Board consists of nine members, including the Chairperson.
19(2)Composition
The members of the Board, other than the Chairperson, must be appointed as follows:
19(2)(a)
two members must be appointed by the federal Minister;
19(2)(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);
19(2)(c)
one member must be appointed by the territorial Minister; and
19(2)(d)
one member must be appointed by one or more territorial ministers.
19(3)Additional members
Despite subsection (1), additional members may be appointed for a specific purpose in the manner and in the proportions set out in subsection (2).
19(4)Areas of equal use and occupancy
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).
20Chairperson
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.
20(2)Appointment of another member
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.
21Acting after expiry of term
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.
22Additional powers, duties and functions
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.
23Primary objectives
23(1)
The Board must exercise its powers and perform its duties and functions in accordance with the following primary objectives:
23(1)(a)
to protect and promote the existing and future well-being of the residents and communities of the designated area; and
23(1)(b)
to protect the ecosystemic integrity of the designated area.
23(2)Other residents
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.
23(3)Interpretation
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).
24Limitation — socio-economic benefits
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.
25Nunavut Settlement Area
25(1)
The Board must, whenever practicable, hold its meetings within the Nunavut Settlement Area.
25(2)Participation by telecommunications
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.
25(3)Request by members for meeting
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.
25(4)Voting
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.
25(5)Quorum
Five members of the Board constitute a quorum.
26Powers
26(1)
The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting
26(1)(a)
the calling of meetings of the Board and the conduct of business at them;
26(1)(b)
the establishment of special and standing committees and the fixing of quorum for meetings of those committees;
26(1)(c)
procedures for making submissions and complaints to the Board;
26(1)(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;
26(1)(e)
the establishment of guidelines for the preparation of impact statements;
26(1)(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
26(1)(g)
the admissibility of evidence in public hearings conducted by the Board or one of its panels.
26(2)Inuit traditions
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.
26(3)Public hearings
By-laws and rules relating to the conduct of public hearings must
26(3)(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
26(3)(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.
26(4)Statutory Instruments Act
By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.
27Establishment
27(1)
The Board may establish panels and delegate any of its powers, duties and functions to them.
27(2)Chairperson
The Board must appoint a Chairperson for each panel.
27(3)Composition
In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraph 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b).
28Vacancies during term
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.
29Term of office
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.
29(2)Other members
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.
29(3)Reappointment
A member is eligible to be reappointed to the Commission or the Board in the same or another capacity.
30Oath of office
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.
31Remuneration and expenses
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.
31(2)Workers’ compensation
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.
32Removal
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.
33Employment and remuneration
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.
33(2)Workers’ compensation
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.
34Members
34(1)
A member of the Commission or the Board must not participate in a decision on a matter in which that member has a conflict of interest.
34(2)Staff
An officer or employee of the Commission or the Board or agent, adviser or expert must not act in a matter in which that person has a conflict of interest.
34(3)Status of Inuk
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.
34(4)Guidelines
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).
35Status
35(1)
The Commission and the Board are institutions of public government.
35(2)Property and contracts
The Commission and the Board may, for the purposes of conducting their business,
35(2)(a)
acquire property in their own names and dispose of the property; and
35(2)(b)
enter into contracts in their own names.
35(3)Legal proceedings
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.
36Nunavut Settlement Area
The head offices of the Commission and the Board must be in the Nunavut Settlement Area.
37Language of business
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.
37(2)Public hearings and reviews
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.
37(3)Members
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.
37(4)Witnesses
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.
38Pre-publication
38(1)
The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by
38(1)(a)
publishing the proposed by-law or rule on its website;
38(1)(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
38(1)(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.
38(2)Comments invited
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.
38(3)Response to comments
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).
38(4)Exception
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.
38(5)Notice
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.
39Annual budget
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.
39(2)Accounts
The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.
39(3)Consolidated financial statements
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.
39(4)Audit
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.
40Definition of land
In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife.
41Designated area
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, priorities and objectives for the designated area regarding the conservation, development, management and use of land.
42Planning regions
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.
42(2)Consistency
The specific planning objectives must be consistent with the broad objectives established for the designated area.
43Consultations
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.
44Principles and factors
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.
45Public hearing
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.
46Duty
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
46(1)(a)
one land use plan for the entire designated area; or
46(1)(b)
two or more land use plans, each relating to one or more planning regions within the designated area.
46(2)No overlap
For greater certainty, no portion of the designated area is to be subject to more than one land use plan.