Vol. 149, No. 13 — July 1, 2015

Registration

SI/2015-58 July 1, 2015

NORTHERN JOBS AND GROWTH ACT

Order Fixing July 9, 2015 as the Day on which Part 1 of the Act Comes into Force

P.C. 2015-844 June 18, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 10 of the Northern Jobs and Growth Act, chapter 14 of the Statutes of Canada, 2013, fixes July 9, 2015 as the day on which Part 1 of that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To bring into effect the Nunavut Planning and Project Assessment Act.

Objective

To modernize land use planning and environmental reviews in Nunavut by bringing into force the Nunavut Planning and Project Assessment Act. This will also fulfill the Government of Canada’s obligation under section 10.2.1 of the Nunavut Land Claims Agreement to create, through legislation, a joint regime for land and resource management in the Nunavut Settlement Area and the Outer Land Fast Ice Zone.

Background

Section 10.2.1 of the 1993 Nunavut Land Claims Agreement (herein the Agreement) requires that the Inuit and the federal government establish, through legislation, a joint regime for land and resource management in the Nunavut Settlement 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 by implementing articles 13 and 21 of the Agreement, which relate to water management and land entry and access, respectively.

The Nunavut Planning and Project Assessment Act which received royal assent on June 19, 2013, as part of Bill C-47, the Northern Jobs and Growth Act, fulfills the remaining obligation by implementing articles 11 and 12 of the Agreement, which relate to land use planning and development impact, respectively. Under the provisions of the Agreement, the Nunavut Planning Commission and the Nunavut Impact Review Board were established in 1996 as institutions of public government. The Bill recognizes the continuation of these bodies in legislation and describes in detail the process under which they will operate.

The coming into force of the Act was not upon royal assent, but instead on a date fixed by order in council. The delayed coming into force was deliberate to allow completion of implementation work to ensure a smooth transition into the new legislative regime.

Implications

The Nunavut Planning and Project Assessment Act will complete a legal obligation of the Government of Canada under the Nunavut Land Claims Agreement as well as modernize the land use planning and environmental review regimes in Nunavut. All required implementation work has been completed.

Consultation

Work on the Nunavut Planning and Project Assessment Act began in 2002 with the establishment of the Nunavut Legislative Working Group consisting of Canada (represented by Aboriginal Affairs and Northern Development Canada), Nunavut Tunngavik Incorporated, and the Government of Nunavut, and was supported by the Nunavut Planning Commission and the Nunavut Impact Review Board. In April of 2009, a first consultation draft legislative proposal was circulated for comments to Nunavut stakeholders and others in neighboring geographic jurisdictions, industry representatives, and environmental and Aboriginal organizations, with further drafts being shared before the Bill was introduced in 2012. Stakeholders were again engaged during the implementation stage of the Act.

Departmental contact

Tara Shannon
Director
Resource Policy and Programs
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
K1A 0H4
Telephone: 819-953-8163
Email: Tara.Shannon@aadnc-aandc.gc.ca