Legislative Proposal for Land Use Planning and Impact Assessment in Nunavut

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Legislative Proposal for Land Use Planning and
Impact Assessment in Nunavut

• Presentation to Industry
• April 2009

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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
  and Nunavut Surface Rights Act were priorities
  these were passed in 2002

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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 McCranks 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.

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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.

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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

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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

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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

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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

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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

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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

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Consultation Process

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

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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)

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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

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Consultation Schedule

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

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Consultation Schedule cont.

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

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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