Lands & Regulation - Nunavut Planning - Industry Letter

APPENDIX TO THE NWTNCM, MAC and PDAC LETTER
TO THE HON. JOHN DUNCAN,
MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT,
DATED NOVEMBER 15, 2010
Additional Issues of Concern and Suggested Amendments in Relation to
Bill C-25, the Proposed Nunavut Planning and Project Assessment Act
1. Subsection 38(2) – NPC and NIRB By-laws and Rules
Bill C-25 defines an “interested corporation or organization” as “...a corporation or
other organization that has given written notice to the Commission, the Board or any
federal environmental assessment panel, as the case may be, of its interest in providing
comments.”
The defined term subsequently appears in two sections of the proposed enactment:
(a)
(b)
in section 43, where the Nunavut Planning Commission is required to “...seek the
opinions of affected municipalities, interested corporations and organizations,
residents and other interested persons regarding specific objectives and land use
planning options for the region”; and
in subsection 50(2), which requires the Commission to “...solicit written and oral
comments on the draft land use plan from appropriate departments or agencies,
designated Inuit organizations, affected municipalities, interested corporations
and organizations, Inuit and other residents of the designated area and the
general public”.
However, the defined term is not used in the same way in subsection 38(2), which
pertains to the development of by-laws and rules by the Nunavut Planning Commission
and the Nunavut Impact Review Board.
It is therefore recommended that subsection 38(2) utilize the defined term “interested
corporation or organization” and be amended to read as follows:
(2) The notice referred to in paragraph (1)(b) must include an invitation to
interested persons, including interested corporations and organizations, to
make comments in writing to the Commission or the Board about the proposed
by-law or rule within 60 days after publication of the notice.
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