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

Marginal note:Warrant for dwelling-house

• 211 (1) If the place referred to in subsection 210(1) is a dwelling-house, the designated person may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 210(1);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or orders made under section 214; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Marginal note:Entering private property

• 212 (1) For the purpose of gaining entry to a place referred to in subsection 210(1), a designated person may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

• Marginal note:Person accompanying designated person

  (2) A person may, at the designated person’s request, accompany the designated person to assist them in gaining entry to the place referred to in subsection 210(1) and is not liable for doing so.

Marginal note:Use of force

213 In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer.

Orders

Marginal note:Measures required

• 214 (1) If a person designated to verify compliance or prevent non-compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person or entity to

  • (a) stop doing something that is in contravention of this Act or cause it to be stopped; or

  • (b) take any measure that the designated person considers necessary in order for the person or entity to comply with this Act or to mitigate the effects of the contravention.

• Marginal note:Notice

  (2) The order must be provided in the form of a written notice and must include

  • (a) a statement of the reasons for the order; and

  • (b) the time and manner in which the order must be carried out.

• Marginal note:Statutory Instruments Act

  (3) The orders are not statutory instruments for the purposes of the Statutory Instruments Act.

Coordination

Marginal note:Activities — designated persons

215 A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 must coordinate their activities with those of any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.

Injunction

Marginal note:Court — powers

• 216 (1) If, on the application of the responsible Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward a contravention of this Act, the court may issue an injunction ordering the person or entity that is named in the application to

  • (a) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward a contravention of this Act; or

  • (b) do an act that, in the opinion of the court, may prevent a contravention of this Act.

• Marginal note:Notice

  (2) At least 48 hours before an injunction is issued under subsection (1), notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.

Prohibitions, Offences and Punishment

Marginal note:Obstruction

217 It is prohibited to knowingly obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act.

Marginal note:False statements or information

218 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act.

Marginal note:Offence and punishment

• 219 (1) Any person who contravenes section 74, subsection 147(2), 152(7) or 208(5) or an order made under paragraph 214(1)(a) or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

• Marginal note:False statements or information

  (2) Any person who contravenes section 217 or 218 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

• Marginal note:Continuing offences

  (3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

• Marginal note:Defence

  (4) A person may not be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

Judicial Matters

Court Jurisdiction

Marginal note:Judicial review — concurrent jurisdiction

220 Despite the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the Attorney General of Nunavut or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Nunavut Court of Justice for any relief against the Commission or the Board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.

Marginal note:Court reference

221 The Board or the Commission may refer a question of law or jurisdiction arising in relation to its powers, duties and functions under this Act to the Nunavut Court of Justice.

Marginal note:Standing

222 The designated Inuit organization may apply to a court of competent jurisdiction for

• (a) a determination of whether any applicable requirement of an applicable land use plan has been implemented under section 69 and, if not, for any order that the Court considers necessary in the circumstances;

• (b) a determination of whether a project is, or has been, carried out in accordance with the requirements of paragraph 74(f) and, if not, for any order that the Court considers necessary in the circumstances;

• (c) a determination of whether a project is, or has been, carried out in accordance with the terms and conditions set out in the original or amended project certificate and, if not, for any order that the Court considers necessary in the circumstances;

• (d) a determination of whether any term or condition referred to in paragraph (c) has been implemented under section 136 or 137 and, if not, for any order that the Court considers necessary in the circumstances;

• (e) a determination of whether a project is, is likely to be or has been carried out in accordance with the terms and conditions referred to in paragraph (c) that have been implemented under section 136 or 137 and, if not, for an order requiring any person or entity named in the application to

  • (i) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the breach of any of those terms or conditions, or

  • (ii) do an act that, in the opinion of the court, may prevent the breach of any of those terms or conditions;

• (f) a determination of whether a project referred to paragraph 152(1)(a), (b) or (c) is, or has been, carried out in accordance with the terms and conditions imposed under subsection 152(6) and, if not, for any order that the Court considers necessary in the circumstances; or

• (g) judicial review of any interim or final decision or order made under Part 3.

Marginal note:Decisions final

223 Unless an exemption has been granted under paragraph 82(2)(a), any decision made by the Commission regarding the conformity of a project with a land use plan is final and binding and, except for judicial review under the Federal Courts Act and under section 220, is not subject to appeal to or review by any court.

Immunity

Marginal note:Things done in good faith

224 No action lies against a member or employee of the Commission or the Board, a member of a federal environmental assessment panel or joint panel or a person designated under section 209 for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any power, duty or function under this Act.

Marginal note:Disclosure made in good faith

225 No action lies against the Crown, the Commission, the Board, members or employees of the Commission or the Board or members of a federal environmental assessment panel or joint panel for the disclosure in good faith of any document, any part of a document or information under this Act, including by making it available in the public registries, or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Time Limits

Marginal note:Authority, etc.

226 The failure of the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel or a responsible Minister to exercise a power or perform a duty or function within a period limited by this Act does not terminate their authority or invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of such a power, duty or function.

General Monitoring

Marginal note:Plan

• 227 (1) The Government of Canada and the Government of Nunavut must, in cooperation with the Commission, develop a plan for the general monitoring of the long-term state and health of the ecosystemic and socio-economic environment of the designated area and must direct and coordinate that general monitoring and the collection of information relating to it.

• Marginal note:Commission

  (2) The Commission must, in accordance with the plan developed under subsection (1), collate information provided by industry, departments or agencies and others and prepare periodic reports on the ecosystemic and socio-economic environment of the designated area. The Commission must use that information in the exercise of its powers and the performance of its duties and functions under this Act.

Regulations and Orders

Marginal note:Regulations

• 228 (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations

  • (a) prescribing what constitutes a conflict of interest for the purposes of subsections 34(1) and (2) and 115(3); and

  • (b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel.

• Marginal note:Consent of Tunngavik

  (2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing

  • (a) for the purposes of the definition project in subsection 2(1), classes of excluded works or activities; and

  • (b) for the purposes of subsection 78(2), paragraph 155(1)(a) and subsection 166(2), classes of physical works and activities that are not exempt from screening.

Marginal note:Schedule 2

229 The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency.