Legislative Proposal for Land Use Planning and Impact Assessment in Nunavut

Presentation to Industry April 2009

• • • •

Provision of Nunavut Land Claim

The Nunavut Land Claim Act

(NLCA) requires the creation of a joint regime to deal with resource management through the creation of stand alone legislation for land use planning and environmental impact assessment 5 Institutions of Public Government were created in the 90s under the provisions of the NLCA – Nunavut Planning Commission (NPC), Nunavut Water Board, Nunavut Impact Review Board (NIRB), Nunavut Surface Rights Tribunal, and Nunavut Wildlife Management Board The Nunavut Planning Commission and Nunavut Impact Review Board have been working under provisions of the NLCA since 1996 It was agreed that creation of

Nunavut Waters Act Nunavut Surface Rights Act

and were priorities – these were passed in 2002

A Shared Priority

• • • • This is the last outstanding legislative obligation of the federal government related to the Nunavut Land Claim Agreement.

In 2002, the Nunavut Legislation Working Group was reformed to work on the details required for legislation regarding land use planning and impact assessment.

From 2002 to 2006, the working group focussed on resolutions to policy issues that were identified and began drafting legislation in 2006.

Neil McCrank’s recent report “Road to Improvement” recommended that the federal government, in collaboration with Nunavut Tunngavik Incorporated, the territorial government and the boards, complete the outstanding legislation.

One Project, One Assessment

• Previously project proponents in Nunavut were responsible to meet the requirements of two environmental assessment processes – the

Canadian Environmental Assessment Act

(CEAA) and the NLCA. This has led to confusion. Eliminating one of these two processes will result in great clarity and efficiency. • This was achieved in May 2008 with a change to the NLCA. This was an early implementation of one of the recommendations from the McCrank Report.

Structure of the proposed bill

• Preamble • Part 1: Commission and Board • Part 2: Land Use Planning • Part 3: Assessment of Projects within the Nunavut Settlement Area (NSA) • Part 4: Assessment of Projects outside the NSA • Part 5: General Provisions • Part 6: Transitional Provisions, Consequential and Coordinating Amendments, Coming into Force

What Will Be Familiar

• Land use plans will guide development activities • Proponents will need to have a positive conformity determination • After a positive conformity determination, project proposal will be sent to NIRB for screening • Projects can be exempted from screening (Schedule 12-1) • Project proposals can be referred for “review” – can be subject to review by NIRB or Federal Panel • Responsible Ministers approve panel report and NIRB prepares project certificate • Regulators must ensure that terms and conditions in project certificate are implemented in permits and licenses

What Is New

• More detail and clarity to defining what is a project – Schedules • Process entry point is NPC for all project proposals – not necessary to send application to regulatory authorities • Project description provided to NPC is minimal • Inuit approval of land use plans • Enforcement provisions to ensure conformity determinations are respected • New schedules to enable some low level activities to be screened as well as some permitted activities to be exempted • Incorporating new Amendments to CEAA to clarify CEAA does not apply and criteria for federal panel • Adding more flexibility to transboundary and trans-regional projects to allow for joint panels

Why Is This Good For Industry

• More detail to explain the scheme provides greater clarity, certainty and consistency • Added flexibility to process (eg joint reviews) results in “one project-one assessment” approach • Entry point at NPC allows proponents to incrementally add to project description/proposal as project proceeds • Creating time lines where practical • Streamlines the process especially for smaller projects • Single coordinated response from Government – Minister of Indian and Northern Affairs Canada, and Interlocutor for Métis and Non-Status Indians

Why Is This Good For Inuit

• Legislation, in conjunction with amendments to the NLCA, will provide Inuit with evolving rights (eg. Approval of land use plans) • Comprehensive enforcement scheme puts “teeth” in land use planning and environmental assessment • Enforcement of land use plans on Inuit Owned Lands

Why Is This Good For Nunavut

• Clarity, certainty, consistency and additional details will promote investor confidence • One window entry promotes regulatory efficiencies (NPC is gatekeeper) • Expanding terms for replacement appointments relieves pressure on appointments process

Consultation Process

• Legislative proposal ready for public distribution and consultation – April 3 consultation – April 8 – April 14 May 1 st th – 30 th th rd • Minister’s Communique announcing public • Proposal distributed to stakeholders electronically and by mail – April 9 th • Consultations with governments, aboriginal organizations, ENGOs, industry, and the public • Written submissions/comments accepted until

Key Stakeholders

• Nunavut – Regional Inuit Associations (RIAs) – Regional Hunters and Trappers Associations – IPGs (Surface Rights Tribunal, Wildlife Management Board, Water Board) – Chambers of Commerce – Association of Municipalities – Chamber of Mines • Other jurisdictions – GNWT and IPGs (MVlWB, MVEIRB, Water Board) – Inuvialuit (IRC, EIRB, EISC)

Key Stakeholders – cont.

• Other jurisdictions (cont.) – Aboriginal Govts. (Akaitcho, Tlicho, NWT Metis, Man/Sask Denesuline, ITK, Makivik, Nunatsiavut) – ENGOs (WWF, Environmental Law Orgs, CPAWS, Boreal Initiative, Ducks Unlimited, Sierra Club • Industry – Canadian Association of Petroleum Producers (CAPP) – Canadian Energy Pipeline Association (CEPA) – Mining Association of Canada (MAC) – Prospectors and Developers Association (PDAC) • Regulatory – National Energy Board

Consultation Schedule

• Week of April 13 • Week of April 20 th – Meetings with industry (CAPP, CEPA) in Calgary and (MAC, PDAC) in Ottawa th – Nunavut Public meetings in: • Iqaluit – April 20 th • Grise Fiord – April 21 st • Pond Inlet – April 22 nd • Igloolik – April 22 nd • Rankin Inlet – April 21 st • Arviat – April 21 st • Baker Lake – April 22 nd

Consultation Schedule – cont.

• Week of April 27

th – Public meetings in Kitikmeot: • Kugluktuk – April 27 th • Cambridge Bay – April 28 th • Gjoa Haven – April 29 th – Public meeting in Yellowknife – April 30 th

Next Steps

• Copies of the legislative proposal are being distributed by mail and email to identified stakeholders.

• Summary information for meetings and public notices indicating locations and times are being prepared • Input from the consultations will be considered as a final draft Bill is prepared in May • Proposed Introduction of the Bill in Parliament in June