Data-center law in Nunavut

S.C. 2013, c. 14, s. 2, ss. 74-77, 81-82

Effective 2015-07-09 · Applies to both

The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Nunavut Planning Commission. A project does not include the construction, operation or maintenance of a building within a municipality that has no ecosystemic impacts outside the municipality and involves no deposit of waste by a municipality, no bulk storage of fuel, no production of nuclear or hydro-electric power and no industrial activities.

The Commission must determine whether a project is in conformity with the land use plan that applies to the place where the project is to be carried out. It is prohibited to carry out a project if the Commission has determined that it is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted.

It is also prohibited to carry out a project that is not carried out in accordance with any requirement identified in an applicable land use plan. Where the land use plan authorizes minor variances and any conditions are met, the Commission may grant a minor variance within 20 days after its determination. The proponent may request an exemption from the federal Minister or the territorial Minister, or both, within 60 days after the determination.

A person who contravenes section 74 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. The Act came into force on July 9, 2015.

Source: Full text of law

S.C. 2013, c. 14, s. 2, ss. 7, 74-75, 79, 88-91

Effective 2015-07-09 · Applies to both

The Impact Assessment Act does not apply in respect of the designated area. It is prohibited to carry out a project if the assessment of the project under Part 3 has not been completed. A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if a project proposal has not been submitted to the Commission. A licence, permit or other authorization issued in contravention of that rule is of no force or effect.

If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening. The Board is the Nunavut Impact Review Board. The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel.

A review is required if, in the Board's opinion, the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities, the project will cause significant public concern, or the project involves technological innovations, the effects of which are unknown.

The Board must make a determination that a project should be modified or abandoned if it is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts. A person who contravenes section 74 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. The Act came into force on July 9, 2015.

Source: Full text of law

S.Nu. 2001, c. 3, ss. 7, 11-12, 15-16

Effective 2001-03-31 · Applies to both

A designated utility is a utility or a member of a class of utilities designated in the regulations. Subject to any regulations made under paragraph 20(1)(c), no designated utility may impose a rate or tariff except where an instruction is given under section 16. A designated utility that desires to impose a rate or tariff must make an application in writing to the responsible Minister for approval of the rate or tariff.

Within 15 days of receiving the application, the responsible Minister must request the advice of the Utility Rates Review Council. One purpose of the Review Council is to advise the responsible Minister of a designated utility concerning the imposition of rates and tariffs. The responsible Minister must give careful consideration to every report made by the Review Council but is not bound by it.

After seeking the advice of the Executive Council, the responsible Minister may instruct the designated utility to proceed with the imposition of the rate or tariff, not to proceed with it, or to proceed with another rate or tariff recommended by the Review Council. The Act came into force on March 31, 2001, except section 22.

Source: Full text of law

S.C. 2002, c. 10, ss. 11-12, 90

Effective 2002-04-30 · Applies to both

Subject to exceptions, no person may use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence. The exceptions are an unlicensed use of waters authorized by the regulations, a use for a domestic purpose, a use for extinguishing a fire or, on an emergency basis, controlling or preventing a flood, and a use in a national park.

Use, in relation to waters, means a direct or indirect use of any kind, including any use of water power and geothermal resources, any diversion or obstruction of waters, any alteration of the flow of waters and any alteration of the bed or banks of a river, stream, lake or other body of water.

Except in accordance with the conditions of a licence, no person may deposit or permit the deposit of waste in waters in Nunavut, or in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut. The property in and the right to the use of all waters in Nunavut are vested in the Crown in right of Canada, subject to any rights granted by or under any other Act of Parliament.

Under the Nunavut Waters Regulations, for an undertaking other than a power undertaking, any other use of waters of less than 50 cubic metres per day needs no licence, a use of 50 cubic metres or more but less than 300 cubic metres per day needs a type B licence, and a use of 300 cubic metres or more per day needs a type A licence.

A person who contravenes subsection 11(1) or section 12 is guilty of an offence and is liable on summary conviction, for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both, and for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

The Act came into force on April 30, 2002, the day of assent, except for subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1).

Source: Full text of law

S.Nu. 2012, c. 15, ss. 5-6, 26

Effective 2018-09-01 · Applies to both

The Act applies to the design and construction of a building in Nunavut. The Code is the National Building Code of Canada as adopted in the regulations. No person may construct, occupy, allow to be occupied, or change the class of occupancy of a building to which the Act applies unless a permit has been issued and is in force and the work and occupancy conform to the Act, the regulations, the Code and the terms and conditions of the permit.

A building official must issue a permit if the owner applies in accordance with the regulations and provides all prescribed information, the owner pays the prescribed fee, and the proposed building or construction complies with the Act, the regulations and the Code. The Act binds the Government of Nunavut.

An individual guilty of an offence under the Act is liable on summary conviction to a fine of not less than $500 and not more than $25,000, and to a further fine of not more than $1000 for each day on which the offence continues, or to imprisonment for a term of not more than one year, or both.

A corporation guilty of an offence under the Act is liable on summary conviction to a fine of not more than $100,000, and to a further fine of not more than $10,000 for each day on which the offence continues. Sections 2 to 19, 21, 22 and 25 to 31 in part, which include sections 5, 6 and 26, came into force on September 1, 2018.

Source: Full text of law

R.S.N.W.T. 1988, c. E-7, as duplicated for Nunavut by s. 29 of the Nunavut Act, ss. 5, 5.1, 12

Applies to both

No person may discharge or permit the discharge of a contaminant into the environment, subject to the exceptions in the section. A contaminant is any noise, heat, vibration or substance that, where discharged into the environment, endangers the health, safety or welfare of persons, interferes or is likely to interfere with normal enjoyment of life or property, endangers the health of animal life, or causes or is likely to cause damage to plant life or to property.

A discharge includes any pumping, pouring, throwing, dumping, emitting, burning, spraying, spreading, leaking, spilling or escaping. The exceptions include a discharge authorized by the Act, the regulations or an order issued under them, and a contaminant discharged from the exhaust system of a vehicle.

Where a discharge in contravention of the Act or a reasonable likelihood of one occurs, the person causing or contributing to it and the owner or person in charge of the contaminant must immediately report it as the regulations provide, take all reasonable measures consistent with public safety to stop the discharge and repair any damage, and make a reasonable effort to notify every member of the public who may be adversely affected.

A person who contravenes section 5 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months or to both, and for each subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term of less than two years or to both. The Act applies to the whole of Nunavut. The Act and the regulations bind the Government of Nunavut.

Source: Full text of law