ARTICLE 11
LAND USE PLANNING
PART 1: APPLICATION
11.1.1 Until such time as the Nunavut Planning Commission is established, land use planning in the Nunavut Settlement Area shall be conducted according to the July 28, 1983 Basis of an Agreement for Land Use Planning in the NWT, subject to any interim changes that may be agreed to by the Tungavik Federation of Nunavut or its successor and Government.
11.1.2 In this Article:
"land" includes water and resources including wildlife.
11.1.3 The appropriate government departments and agencies shall be responsible for the implementation of land use plans approved in accordance with Section 11.5.9.
11.1.4 This Article applies to both land and marine areas within the Nunavut Settlement Area and the Outer Land Fast Ice Zone.
PART 2: PLANNING PRINCIPLES, POLICIES, PRIORITIES AND OBJECTIVES
11.2.1 The following principles shall guide the development of planning policies, priorities and objectives:
(a) people are a functional part of a dynamic biophysical environment, and land use cannot be planned and managed without reference to the human community; accordingly, social, cultural and economic endeavours of the human community must be central to land use planning and implementation;
(b) the primary purpose of land use planning in the Nunavut Settlement Area shall be to protect and promote the existing and future well being of those persons ordinarily resident and communities of the Nunavut Settlement Area taking into account the interests of all Canadians; special attention shall be devoted to protecting and promoting the existing and future well-being of Inuit and Inuit Owned Lands;
(c) the planning process shall ensure land use plans reflect the priorities and values of the residents of the planning regions;
(d) the public planning process shall provide an opportunity for the active and informed participation and support of Inuit and other residents affected by the land use plans; such participation shall be promoted through various means, including ready access to all relevant materials, appropriate and realistic schedules,
recruitment and training of local residents to participate in comprehensive land use planning;
(e) plans shall provide for the conservation, development and utilization of land;
(f) the planning process shall be systematic and integrated with all other planning processes and operations, including the impact review process contained in the Agreement; and
(g) an effective land use planning process requires the active participation of both Government and Inuit.
11.2.2 The objective of the planning process shall be:
(a) to develop planning policies, priorities and objectives regarding the conservation, development, management and use of land in the Nunavut Settlement Area;
(b) consistent with Sub-section (a), to prepare land use plans which guide and direct resource use and development in the Nunavut Settlement Area; and
(c) the implementation of land use plans.
11.2.3 In developing planning policies, priorities and objectives, factors such as the following shall be taken into account:
(a) economic opportunities and needs;
(b) community infrastructural requirements, including housing, health, education and other social services, and transportation and communication services and corridors;
(c) cultural factors and priorities;
(d) environmental protection and management needs, including wildlife conservation, protection and management; and
(e) energy requirements, sources and availability.
PART 3: LAND USE PLANS
11.3.1 A land use plan shall be a document containing text, schedules, figures and maps for the establishment of objectives and guidelines for short-term and long-term development, taking into account factors such as the following:
(a) demographic considerations;
(b) the natural resource base and existing patterns of natural resource use;
(c) economic opportunities and needs;
(d) transportation and communication services and corridors;
(e) energy requirements, sources and availability;
(f) community infrastructural requirements, including health, housing, education and other social services;
(g) environmental considerations, including Parks and Conservation Areas, and wildlife habitat;
(h) cultural factors and priorities, including the protection and preservation of archaeological sites and outpost camps; and
(i) special local and regional considerations.
11.3.2 The purpose of a land use plan shall be to protect and promote the existing and future well-being of the residents and communities of the Nunavut Settlement Area, taking into account the interests of all Canadians, and to protect, and where necessary, to restore the environmental integrity of the Nunavut Settlement Area.
11.3.3 A land use plan shall contain an implementation strategy.
PART 4: NUNAVUT PLANNING COMMISSION (NPC)
Establishment
11.4.1 A Nunavut Planning Commission (NPC) shall be established with the major responsibilities to:
(a) establish broad planning policies, objectives and goals for the Nunavut Settlement Area in conjunction with Government;
(b) develop, consistent with other provisions of this Article, land use plans that guide and direct resource use and development in the Nunavut Settlement Area; and
(c) generally, fulfill the objectives of the Agreement in the manner described, and in accordance with the general principles mentioned in Section 11.2.1, as well as such additional functions as may be agreed upon from time to time by Government and the DIO.
11.4.2 The head office of the NPC shall be in the Nunavut Settlement Area.
11.4.3 The costs of the NPC shall be the responsibility of Government. The NPC shall prepare an annual budget, subject to review and approval by Government.
Role and Responsibility
11.4.4 Consistent with the Agreement, the NPC shall:
(a) identify planning regions;
(b) identify specific planning objectives, goals and variables that apply to planning regions and are consistent with the broader objectives and goals;
(c) contribute to the development and review of Arctic marine policy;
(d) disseminate information and data;
(e) solicit opinions from municipalities, residents and others about planning objectives, goals and options of the region;
(f) prepare and circulate draft land use plans;
(g) promote public awareness and discussion and conduct public hearings and debate throughout the planning process;
(h) recommend plans to the Ministers;
(i) consider modifications requested by the Ministers in the event that a draft plan is rejected;
(j) consider amendments to a land use plan in accordance with Part 6;
(k) determine whether a project proposal is in conformity with a land use plan;
(l) monitor projects to ensure that they are in conformity with land use plans; and
(m) report annually to the Ministers and the DIO on the implementation of land use plans.
Composition and Appointment
11.4.5 The size and makeup of the membership of the NPC may vary, but the Government of Canada and Territorial Government shall each recommend at least one member and the DIO shall nominate a number of members equal to the total number recommended by Government. The NPC members shall be appointed by the Minister of Indian Affairs and Northern Development from the above-noted recommendations and nominations.
11.4.6 Federal and territorial public servants shall not be appointed to the NPC.
11.4.7 At least half of the membership of the NPC shall be residents of the Nunavut Settlement Area.
11.4.8 The DIO shall have the right to substitute from time to time alternates for its nominated members in order to ensure appropriate representation from the region
for which planning is being conducted at any one time. Such alternates shall be appointed in a manner consistent with Section 11.4.5.
11.4.9 Subject to Section 11.4.11, members shall be appointed for a term of three years.
11.4.10 From nominations provided by the NPC, the Minister of Indian Affairs and Northern Development, in consultation with the Territorial Government Minister responsible for Renewable Resources, shall appoint a further member to act as a chairperson. A member of the NPC may be nominated as chairperson and another member appointed under Section 11.4.5.
11.4.11 The chairperson or other member of NPC may be removed for cause.
11.4.12 Where a vacancy occurs, a replacement member may be nominated or recommended for the remainder of the term of the vacant member by the body nominating or recommending the member under Sections 11.4.5 or 11.4.10. Upon receiving the recommendation or nomination the Minister shall appoint the replacement member.
11.4.13 A member may be reappointed.
Matters Binding on the Nunavut Planning Commission
11.4.14 The chairperson and other members shall perform their duties in accordance with:
(a) an oath following the form set out in Schedule 5-4, taken and subscribed before assuming office before an officer authorized by law to administer oaths;
(b) rules relating to conflict of interest set out in applicable federal and territorial laws, provided that, where a matter before the NPC affects Inuit in a general way, a member shall not be considered to have a conflict solely on the basis that the member is an Inuk; and
(c) the terms of the Agreement.
11.4.15 The NPC shall conduct its business in Canada's official languages as required by legislation or policy and, upon request of any member, also in Inuktitut.
By-laws and Powers
11.4.16 The NPC may make by-laws and rules respecting:
(a) the calling of meetings and sittings of the NPC;
(b) the conduct of business at meetings of the NPC and the establishment of technical panels of the NPC;
(c) the procedures for making submissions, representations and complaints to the NPC;
(d) the procedures for collecting information and opinion, including the procedures for conducting formal and informal public hearings;
(e) generally the manner of conducting the business of or before the NPC; and
(f) the admissibility of evidence.
11.4.17 In conducting its hearings, the NPC shall:
(a) at all times, give weighty consideration to the tradition of Inuit oral communication and decision making; and
(b) allow standing at all hearings to a DIO.
11.4.18 The NPC may, within its approved budget, engage and fix the remuneration of experts or persons having technical or special knowledge to assist the NPC.
PART 5: DEVELOPMENT AND REVIEW OF LAND USE PLANS
11.5.1 A Nunavut land use plan shall be formulated by the NPC in accordance with Section 11.5.4 to guide and direct short term and long term development in the Nunavut Settlement Area. Regional or sub-regional components of the land use plan shall be implemented where approved pursuant to Section 11.5.9.
11.5.2 The first stage of the formulation of a land use plan, after such consultation as the NPC finds appropriate, shall be the preparation of a draft land use plan by the
NPC.
11.5.3 The NPC shall prepare a draft land use plan in accordance with Section 11.5.4 and, upon completion, shall make the draft land use plan public and solicit written and oral comments from all appropriate federal and territorial government agencies, DIOs, communities and the general public.
11.5.4 The NPC shall:
(a) conduct public hearings on the draft plans;
(b) evaluate the draft plans in light of representations made at the public hearings; and
(c) as appropriate, revise the draft plans.
11.5.5 Upon completion of the process in Section 11.5.4, the NPC shall submit the draft plan as revised along with a written report of the public hearings to the Minister of Indian Affairs and Northern Development and the Territorial Government Minister responsible for Renewable Resources. The NPC shall also make the revised draft land use plan public.
11.5.6 Upon receipt of the revised draft land use plans, the Ministers jointly shall, as soon as practicable:
(a) accept the plan; or
(b) refer it back to the NPC for reconsideration accompanied by written reasons; the NPC may make the reasons of the Ministers public.
11.5.7 The NPC shall reconsider the plan in light of written reasons and shall resubmit the plan to the Ministers for final consideration.
11.5.8 Upon accepting a plan, the Minister of Indian Affairs and Northern Development shall seek Cabinet approval and commitment, and the Territorial Government Minister responsible for Renewable Resources shall seek approval and commitment of the Executive Council.
11.5.9 Upon approval by Cabinet and the Executive Council, the plan shall be implemented on the basis of jurisdictional responsibility. All federal and territorial government departments and agencies shall conduct their activities and operations in accordance with the plan as approved. Amended - P.C. 2015-851 June 18, 2015 11.5.9A The proponent of any project proposal shall submit the project proposal to the NPC.
Amended - P.C. 2015-851 June 18, 2015
11.5.10 The NPC shall review all project proposals. Upon receipt and review of a project proposal, the NPC or members thereof or officers reporting to the NPC shall:
(a) determine whether the project proposals are in conformity with plans; and
(b) forward the project proposals with its determination and any recommendations to the appropriate federal and territorial agencies. The land use plan may make provision for the NPC to approve minor variances. Original text
11.5.10 The NPC shall review all applications for project proposals. Upon receipt and review of a project proposal, the NPC or members thereof or officers reporting to the NPC shall:
(a) determine whether the project proposals are in conformity with plans; and
(b) forward the project proposals with its determination and any recommendations to the appropriate federal and territorial agencies.
The land use plan may make provision for the NPC to approve minor variances.
11.5.11 Where the NPC has determined that a project proposal is not in conformity with the plan, the proponent may apply to the appropriate Minister for exemption. The Minister may exempt the project proposal from conformity with the plan and shall, subject to Sections 12.3.2 and 12.3.3, refer it to NIRB for screening.
Non- conforming project proposals shall not be sent to NIRB until such exemption is obtained or a variance has been approved.
11.5.12 Where the appropriate Minister exempts a project proposal, the Minister shall supply the NPC with written reasons and such reasons shall be made public.
11.5.13 Sections 11.5.10 to 11.5.12 shall apply where a land use plan has been approved pursuant to Section 11.5.9.
PART 6: AMENDMENT AND PERIODIC REVIEW OF LAND USE PLANS
11.6.1 Government, a DIO, or any person affected by a plan, may propose amendments to the plan to the NPC.
11.6.2 The NPC shall consider a proposed amendment and, if it deems a review appropriate, review the proposal publicly.
11.6.3 Upon completion of the process in Section 11.6.2, the NPC shall recommend to the Minister of Indian Affairs and Northern Development and the Territorial Government Minister responsible for Renewable Resources that:
(a) the proposed amendment be rejected in whole or in part; or
(b) the proposed amendment be accepted, in whole or in part.
11.6.4 If the Ministers reject the recommendations of the NPC, Sections 11.5.6 and 11.5.7 shall apply mutatis mutandis.
11.6.5 An amendment to a plan shall be effective when approved by the Ministers.
PART 7: MUNICIPALITIES
11.7.1 Sections 11.7.2 to 11.7.5 shall guide land use planning for municipalities and the involvement of municipalities in regional land use planning.
11.7.2 The principles of land use planning as set out in this Article shall be applied in the development of municipal plans. The development of municipal plans shall be the responsibility of the municipalities as provided for in territorial government legislation.
11.7.3 In the development of a regional land use plan, the NPC shall give great weight to the views and wishes of the municipalities in the areas for which planning is being conducted.
11.7.4 The NPC and municipal planning authorities shall cooperate to ensure that regional and municipal land use plans are compatible.
PART 8: INTERPRETATION
11.8.1 Land use plans shall be developed and implemented in a manner consistent with Articles 5 and 7.
11.8.2 The land use planning process shall apply to Inuit Owned Lands. Land use plans shall take into account Inuit goals and objectives for Inuit Owned Lands.
PART 9: WASTE CLEAN-UP
11.9.1 The NPC shall identify and prioritize the requirement to clean-up waste sites in the Nunavut Settlement Area, including hazardous waste sites, inactive mining sites, abandoned DEW Line sites, and non-hazardous sites near communities. The NPC shall consider waste sites in the Kitikmeot region on a priority basis. To the extent possible, this initiative shall be co-ordinated with the development of land use plans.
PART 10: EMERGENCY SITUATIONS
Amended - P.C. 2015-851 June 18, 2015
11.10.1 Subject to Section 11.10.2, this Article and Article 12 do not apply to a physical work or activity that is carried out in response to
(a) a national emergency for which special temporary measures are taken under the Emergencies Act;
(b) an emergency if a Minister who is authorized under any legislation to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or
(c) an emergency if the Minister of Indian Affairs and Northern Development certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the physical work or activity be carried out without delay. Amended - P.C. 2015-851 June 18, 2015
11.10.2 As soon as practicable after undertaking a physical work or activity referred to in Section 11.10.1, the person or entity carrying it out must submit a written report to the NPC, NIRB and the Minister of Indian Affairs and Northern Development describing
(a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in Sub-sections 11.10.1(a), (b) or (c), as the case may be; and
(b) any further works or activities required after the end of that emergency to complete an activity or to complete or maintain a work referred to in paragraph (a). Amended - P.C. 2015-851 June 18, 2015
11.10.3 After receiving a report under Section 11.10.2, the NPC shall submit a written report to the Minister of Indian Affairs and Northern Development that contains an assessment of the conformity of any works or activities referred to in 11.10.2 (a) or
(b) with any applicable land use plan.
Amended - P.C. 2015-851 June 18, 2015
11.10.4 After receiving a report under Section 11.10.2, NIRB shall submit a written report to the Minister of Indian Affairs and Northern Development with terms and conditions that it recommends, with reasons, should apply in respect of the works or activities referred to in Sub-Section 11.10.2 (b). Amended - P.C. 2015-851 June 18, 2015
11.10.5 The person or entity referred to in Section 11.10.2 shall provide any additional information that the NPC or NIRB considers necessary to prepare its report under
11.10.3 or 11.10.4, as the case may be. Amended - P.C. 2015-851 June 18, 2015
11.10.6 After receiving a report under Section 11.10.2 and reports under Sections 11.10.3 and 11.10.4, if any, the Minister of Indian Affairs and Northern Development may impose terms and conditions on the carrying out of the works or activities referred to in Sub-Section 11.10.2 (b), in which case such works and activities may only be carried out in accordance with such terms and conditions and Sections 12.7.1 to
12.7.5 shall apply mutatis mutandis.