Ottawa, Ontario –The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, today introduced in the House of Commons Bill C-25, the Nunavut Planning and Project Assessment Act.
“The implementation of land claims is a priority for the Government of Canada,” said Minister Strahl. “This legislation is a clear demonstration of Canada's commitment to work with its partners, the Government of Nunavut, Nunavut Tunngavik Incorporated and Inuit to fulfill its obligations under the Nunavut Land Claims Agreement. I want to thank our partners in the working group that helped develop this bill, which is so important to Nunavut's future.”
The purpose of this bill is to ensure clarity, consistency and legal certainty with respect to land use planning and environmental assessment processes in Nunavut. This bill represents the first commitment flowing from the Action Plan to Improve the North's Regulatory Regimes. Both the bill and the Action Plan emphasize strong, predictable frameworks and lay out a clear, consistent and reliable planning and impact assessment process for development initiatives.
This bill fulfills Canada's final legislative obligation under the Nunavut Land Claims Agreement of 1993.
"The implementation of this bill will create solid foundations for the future transfer of remaining land and resource management responsibilities from the federal government to the Government of Nunavut and will prepare the people of Nunavut to assume greater autonomy over their economy, land and future prosperity," said the Honourable Leona Aglukkaq MP for Nunavut.
“This legislation is a significant step toward improving the ability of Nunavut to manage its land and resource development. Consultation has been a joint effort and we look forward to seeing real results for the people of Nunavut.”
Maximizing the North's economic potential is tied to the implementation of effective, efficient processes to attract and sustain development. This legislation contains provisions for timelines and a comprehensive enforcement regime for land use planning and environmental assessment.
It will further advance objectives within the Northern Strategy, particularly the promotion of economic development and protection of environmental heritage in the North by providing clear parameters for governments and industry.
Backgrounder - Nunavut Planning and Project Assessment Act
FAQs - Nunavut Planning and Project Assessment Act
Background
The 1993 Nunavut Land Claims Agreement Act requires that Inuit and the federal government establish a joint regime for resource management through the creation of stand-alone legislation for land use planning and environmental assessment in the Nunavut Settlement Area (the Area) and the Outer Land Fast Ice Zone. The Nunavut Waters and Nunavut Surface Rights Tribunal Act
received Royal Assent in 2002 fulfilling the first part of the obligation.
Work on the Nunavut Planning and Project Assessment Act began in 2002. To fulfill its obligation for close consultation with Inuit, Canada established the Nunavut Legislative Working Group
consisting of Canada (represented by Indian and Northern Affairs Canada), Nunavut Tunngavik Incorporated, and the Government of Nunavut, and supported by the participation of the Nunavut Planning Commissionand the Nunavut Impact Review Board.
The Working Group met regularly through to 2007 to discuss and resolve policy issues, gaps the bill should address, and resolve questions and legal interpretation of the Agreement and how these should be reflected in the bill. When these issues were satisfactorily advanced in 2007, drafting of the bill began with oversight and direction from the Working Group.
The Nunavut Planning and Project Assessment Act fulfills Canada's remaining legislative obligation to enact federal legislation describing the land use planning and impact assessment processes. Under theprovisions of the Nunavut Land Claims Agreement, the Nunavut Planning
Commission and the Nunavut Impact Review Board were established in 1997 as institutions of public government. The legislation will formally establish these bodies in legislation and describe in detail the processes under which they will operate.
Provisions of Bill C-25:
The legislation expands on the ability of Inuit, previously established under the Nunavut Land
Claims Agreement, to participate in the management of development in Nunavut. It will:
- Continue the functioning of the Nunavut Planning Commission and the Nunavut Impact Review Board and clearly define and describe their powers, duties and functions, including how their members are appointed. It will also clearly define the roles and authorities of Inuit and governments;
- Establish timelines for various decision-making points in the land use planning and environmental assessment processes to create a more efficient and predictable regulatory regime;
- Define how, and by whom, Land Use Plans will be prepared, amended, reviewed and implemented in Nunavut;
- Describe the process by which the Nunavut Planning Commission and the Nunavut Impact Review Board will examine development proposals and assess how land use activities and specific development projects will affect the Area and the Outer Land Fast Ice Zone;
- Harmonize the assessment process for transboundary and trans- regional projects by providing for review by joint panels, ensuring the right of Nunavut and Canada to review and assess projects outside the Area that may have an adverse impact on the Nunavut Settlement Area;
- Provide for the development of general and specific monitoring plans that will enable both governments to track the environmental, social and economic impacts of projects;
- Establish effective enforcement tools to ensure terms and conditions from the plans and impact assessment process are followed; and
- Streamline the impact assessment process, especially for smaller projects, and provide industry with clear, consistent and transparent guidelines, making investments in Nunavut more attractive and profitable.