Northern Jobs and Growth Act

The Northern Jobs and Growth Act, SC 2013, c. 14 (bill C-47) is an omnibus act, in that it:

  • creates a new Nunavut Planning and Project Assessment Act;
  • creates a new Northwest Territories Surface Rights Board Act; and
  • amends the Yukon Surface Rights Board Act.

It was introduced on November 6, 2012 and received Royal Assent on June 19, 2013.

Nunavut Planning and Project Assessment Act

Section 2 of the Northern Jobs and Growth Act enacts the Nunavut Planning and Project Assessment Act.

Articles 10 to 12 of the Nunavut Land Claims Agreement (1993) requires that Inuit and the Government of Canada establish a joint system to oversee the way resources are managed in the Nunavut Settlement Area. 

The Nunavut Planning and Project Assessment Act fulfills that outstanding obligation by regulating land use planning and assessing the environmental and socio-economic impacts of development projects.

Is it in force?

Section 10 of the Northern Jobs and Growth Act brings the Nunavut Planning and Project Assessment Act into force on a day to be fixed by order of the Governor in Council.  It has not yet come into force.

How do I cite it?

You can cite it as the Nunavut Planning and Project Assessment Act, SC 2013, c. 14, s. 2.

Northwest Territories Surface Rights Board Act

Section 11 of the Northern Jobs and Growth Act enacts the Northwest Territories Surface Rights Board Act.

The purpose of the Board is to resolve disputes relating to terms and conditions of access to lands and waters in the Northwest Territories and the compensation to be paid in respect of that access.  The Act applies in both settlement and non-settlement lands.

The creation of the Board is the last outstanding legislative obligation contained in the Gwich’in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement.

The legislation replaces the interim dispute resolution measures regarding access which are currently in place under the Gwich’in and Sahtu Dene comprehensive land claims agreements.

Is it in force?

Sections 1 to 7, 9 to 32, and 94 to 101 came into force upon Royal Assent, June 19, 2013.

Section 20 of the Northern Jobs and Growth Act brings sections 8 and 33 to 93 of the Northwest Territories Surface Rights Board Act into force 24 months after the day on which the Northern Jobs and Growth Act receives Royal Assent or on any earlier day that may be fixed by order of the Governor in Council.  Those sections are not yet in force.

How do I cite it?

You can cite it as the Northwest Territories Surface Rights Board Act , SC 2013, c. 14, s. 11.

Yukon Surface Rights Board Act

Sections 12 to 16 of the Northern Jobs and Growth Act amend the Yukon Surface Rights Board Act.

The Yukon Surface Rights Board is a tribunal that hears disputes related to accessing or using Yukon First Nation settlement land and, in certain circumstances, disputes involving access to or use of non-settlement land.

The amendments to the Yukon Surface Rights Board Act, SC 1994, c. 43 harmonize the surface and subsurface dispute resolution in the Yukon with the new Northwest Territories Surface Rights Board. The harmonization allows for consistent regulatory frameworks across the North.

Are the changes in force?

The amendments came into force upon Royal Assent, June 19, 2013.

Further reading

Backgrounder - Northwest Territories Surface Rights Board Act

Backgrounder - Amendments to the Yukon Surface Rights Board Act 

Engagement Sessions on Bill C-47, Northern Jobs and Growth Act

Frequently Asked Questions - Northwest Territories Surface Rights Board Act

Frequently Asked Questions - Nunavut Planning and Project Assessment Act (NUPPAA)

Legislative Summary of Bill C-47: An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts

 

August 22, 2013