The Nunavik Inuit Land Claims Agreement (NILCA) was signed in 2006 by the Governments of Canada and Nunavut and the Makivvik and came into effect in 2008. It concerns specifically the use of lands and resources in the Nunavik Marine Region, including a part of James Bay, a part of Hudson Bay, a part of Hudson Strait, Ungava Bay and a part of northern Labrador. Articles 6 and 7 of the NILCA establish respectively land use planning and impact assessment mechanisms for the offshore portion of Nunavik, known as the Nunavik Marine Region.

Marine/Land Use Planning

The primary purpose of land use planning in the Nunavik Marine Region, which is governed by Article 6 of the NILCA, is to protect and promote the existing and future well-being of those persons and communities resident in or using the Nunavik Marine Region, taking into account the interests of all Canadians while devoting special attention to protecting and promoting the existing and future well-being of Nunavik Inuit and Nunavik Inuit lands. An objective of the planning process is to prepare and implement a land use plan which will guide and direct resource use and development in the Nunavik Marine Region. The Nunavik Marine Region Planning Commission is responsible for developing and implementing the land use plan.

Land use planning in the Nunavik Marine Region is closely tied with the impact assessment procedure established under Article 7 of the NILCA. Indeed, development projects must first be evaluated by the Nunavik Marine Region Planning Commission to validate their compliance with the land use plan before the impact assessment procedure is triggered.

Impact Assessment Procedure

The impact assessment procedure established under Article 7 of the NILCA is mainly the responsibility of the Nunavik Marine Region Impact Review Board. The primary functions of the Review Board include screening project proposals and determining whether or not an impact assessment under Article 7 is required, undertaking such assessments and reviewing the ecosystemic and socio-economic impacts of project proposals, determining whether project proposals should proceed and under what terms and conditions, and monitoring projects in accordance with the provisions of Article 7. The Nunavik Marine Region Impact Review Board transmits its recommendations to the competent federal minister, who is responsible for final decisions. It is composed of five members: three appointed by the Government of Canada (of whom two are nominated by the Makivik Corporation), one by the Government of Nunavut, and a chairperson appointed by the Government of Canada in consultation with the Government of Nunavut. In the nomination and appointment of a chairperson, preference is given to Nunavik residents where candidates are equally qualified.

The primary objective of Nunavik Marine Region Impact Review Board in carrying out its functions is at all times to protect and promote the existing and future well-being of the persons and community residents in or using the Nunavik Marine Region, and to protect the ecosystemic integrity of the Nunavik Marine Region.

The project certificate is delivered by the Nunavik Marine Region Impact Review Board. It includes the conditions to be followed by the project proponent and, where applicable, the details of the monitoring program that must be put in place.

Public participation
The Nunavik Marine Region Impact Review Board may request input from concerned communities and relevant regional organizations, such as the Nunavik Marine Region Wildlife Board and the Nunavik Marine Region Planning Commission. The Nunavik Marine Region Impact Review Board may hold public hearings.

The table below summarizes the roles of the  Nunavik Marine Region Planning Commission and the Nunavik Marine Region Impact Review Board within the impact assessment procedure under Article 7 of the NILCA.

Nunavik Marine Region Planning Commission (NMRPC)
Legal authority	Nunavik Inuit Land Claim Agreement (NILCA), 2006
Composition of the review body	At least one federal government appointee, one Nunavut government appointee, and an equal number of Makivvik appointees. Chairperson appointed by CIRNAC from nominations by members.
Impact Assessment Zone	Zones 1, 2, 4 and 5 of Figure 1
Applicable projects	“A physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out, or a physical activity that a proponent proposes to undertake or otherwise carry out, such work or activity being within the Nunavik Marine Region (NMR).”
Main Responsibilities	Development, implementation and monitoring of the land use plan that guides and directs resource use and development in the NMR.
IA process overview	All project proponents must submit complete project proposals to the NMRPC: –        NMRPC reviews the project proposal to see if the project is in conformity with the land use plan. –        If so, NMRPC then determines if: -Project must be sent to NMRIRB for screening. -Project is exempt from NMRIRB screening (Schedule 7-1 of NILCA). –        In the absence of a land use plan, all projects that are not exempted are sent directly by the NMRPC to the NMRIRB.
Other Information	–          All project proposals in Zones 1, 2 and 4 are submitted directly to the NMRPC (one-window approach). –          The land use plan (which the NMRPC refers to as the marine use plan) was still being drafted as of December 2023. All projects that are not exempted from screening are therefore sent directly to the NMRIRB by the NMRPC at the moment. –          It is not up to the proponent to decide if their project is exempted by Schedule 7-1. All projects must be assessed by the NMRPC.

 

Nunavik Marine Region Impact Review Board (NMRIRB)
Legal authority	Nunavik Inuit Land Claim Agreement (NILCA), 2006
Composition of the review body	Two Makivvik appointees, one federal government appointee, one Nunavut government appointee, one chairperson appointed by CIRNAC from nominations by members.
Impact Assessment Zone	Zones 1, 2, 4 and 5 of Figure 1
Applicable projects	A physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out, or a physical activity that a proponent proposes to undertake or otherwise carry out, such work or activity being within the NMR. Projects outside of the NMR who may have significant effect of the NMR can also be assessed. Projects in Schedule 7-1 are exempt from screening by the NMRPC.
Main Responsibilities	–       Screen projects. –       Define the extent of the regional impacts. –       Review the ecosystemic and socio-economic impacts. –       Determine whether project proposals should proceed, and if so, under what terms and conditions. –       Provide recommendations to the responsible minister with respect to socio-economic impacts. –       Monitor projects. –       Hold public consultations, if required, and receive comments or opinions from the public.
IA process overview	Screening: –       NMRIRB receives the proposal from the NMRPC. –       Completeness check. –       Issuance of a notice and gathering of input from the public. –       Technical assessment of the project. –       Decision from the NMRIRB board, who reports to the Minister. –       Minister issues the final decision. If project goes to the review stage, the following steps are added: –       Scoping and Guidelines creation. –       Impact Statement by the proponent. –       Impact Assessment by the NMRIRB. –       Minister issues final decision.
Other Information	–       NILCA established three Institutions of Public Government (IPGs): The Nunavik Marine Region Wildlife Board, the NMRPC and the NMRIRB. –       Land Ownership: 80% of the lands in the NMR are owned (surface and sub-surface) by Makivvik on behalf of Nunavik Inuit, 20% of the islands remained with the Crown. –       Areas of Equal Use and Occupancy (zone 5 on Figure 1) are jointly owned with the Inuit of Nunavut, and the areas in the Joint Zone (zone 2 on Figure 1) are jointly owned with the Cree of Eeyou Istchee. –       While the definition of “project” wasn’t included in the NILCA, the NMRIRB adopted in 2023, by way of resolution, the definition provided in the EMRLCA. –       The NMRIRB consults the public using various ways, including online forms, public calls for comments and notice to communities.