BEFORE
NuPPAA |
NuPPAA
IN FORCE NOW |
| "Single Window" Entry Point |
- Review processes were triggered by various regulatory applications
- Projects could enter the review system at several different starting points
- Confusion over processes, including what steps a project had to follow and in what order
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| Timelines |
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- Legislated time limits for each decision making step in the review process:
- NPC conformity determination
- NIRB screening/report
- NIRB issuing of project certificate
- Federal panel report
- Ministerial decisions
- Proponent time not included
- Time taken by public/stakeholder input not included
- Time during which the process is suspended by the boards not included
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| Definition of a Project |
- Broad definition of "project" captured all physical works and activities
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- More precise definition of "project"
- Does not include:
- Projects with minimal environmental impacts
- Certain municipal projects
- Emergencies
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| Enforcement/Inspection |
- Limited enforcement options
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Now enforceable:
- Terms and conditions included in project certificates
- Terms and conditions included in land use plans
- NPC conformity decisions
- NIRB screening decisions
- Introduction of fines and/or imprisonment for contraventions
- Maximum fine of $100,000 and/or imprisonment for up to one year
- If an offence is committed or continues for more than one day, it will be considered a separate offence for each day on which it is committed or continued
- Minister has authority to designate employees of federal/territorial departments/agencies for inspections
- Not limited to current enforcement staff
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| Board Appointments/Quorum |
- Rigid appointment process resulted in occasional difficulties meeting quorum, causing operational challenges, delays in reviews
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- Greater flexibility to extend NPC commissioners’ and NIRB members’ terms in the middle of a proceeding
- New NPC commissioners and NIRB members appointed for full three-year terms
- NIRB has authority to create smaller panels (3 or more members) and work on several reviews at the same time
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| Transboundary Projects |
- Duplication of efforts, multiple reviews had the potential to create delays for transboundary projects
- Impacts of shipping of goods/persons into/out of territory for large scale projects could trigger the project being classified as transboundary. Transboundary projects were reviewed by a special federally-appointed environmental assessment panel, not the Nunavut Impact Review Board
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- "One project, one assessment"
- NIRB now has authority to enter into agreements with other environmental assessment panels to conduct a joint review of transboundary projects
- Shipping of persons or goods does not automatically make a project transboundary
- NIRB makes final decision
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| Activities Allowed Prior to Environmental Assessment Decision |
- No legislated control over activities allowed prior to environmental assessment decision
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- Clarification of activities allowed prior to environmental assessment decision including
- Certain exploration/development activities
- Nunavut Water Board can issue interim/short term water licences for the use of water or deposit of waste
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| Emergency |
- No guidelines for emergency situations
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- Federal or territorial minister can declare an emergency
- Reporting requirements for projects undertaken in response to an emergency
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| Land Use Plans |
- Government of Canada and Government of Nunavut are the only signatories to accepting/ rejecting a plan and any amendments under the Nunavut Land Claims Agreement
- Lack of clarity on proponent’s rights if land use plans changed after a conformity decision
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- Designated Inuit Organization has authority to accept/ reject a draft land use plan or a plan amendment
- One, territory-wide land use plan for the Nunavut Settlement Area, but with flexibility for various planning models
- Land use plans apply to all lands in the Nunavut Settlement Area, including Inuit Owned Lands
- Proponents rights preserved after a conformity decision
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| Other |
- Lack of clarity/consistency, limited detail for some processes
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- Key processes clarified, more detail added including:
- "Grandfathering" how projects started under the old system will be treated under NuPPAA
- How significant modifications to projects during an assessment will be addressed
- Implications of termination/suspension of an assessment
- Land use planning and assessment process for land administered by Parks Canada
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