Nunavut Land Use Permit and Water Licensing Process

1. Nunavut Land Use Permit and Water Licensing Process

2. Disclosure of Preliminary Screening to MVEIRB • In Nunavut all screenings are conducted by the Nunavut Impact Review Board (NIRB). • NIRB conducts screening then forwards decision to the Federal Minister • Part 5 EA is conducted by NIRB • Part 6 EA Review conducted by Federal Panel with NIRB participation

3. Preliminary Screenings • Nunavut Environmental Assessment Process currently follows the CEAA

4. Field Modification • Inspectors may provide direction with respect to the avoidance or control of disturbances and may issue a Field Modification. • A Field Modification is issued by the Inspector and requires decisions to be made on site and implemented immediately. Consultation with the Nunavut Water Board is not required for Field Modifications.

5. Amendment • The NWB may amend a water licence, for a specified term or otherwise, any condition of a licence (i) on application by the licensee, (ii) to deal with a water shortage, or (iii) where the Board considers the amendment to be in the public interest; and

6. Amendment • The amendment must be screened by NIRB • The amendment must also conform with any approved land use plan

7. Use of TEK/TK • NIRB and NWB are legislated to include Inuit Traditional Knowledge in there decision making process.

8. Land Claim Settlement vs. Non- Land Claim Areas • Nunavut has no unsettled land claim areas. • In Nunavut, there are three Regional Inuit Associations (RIAs) — the Kivalliq Inuit Association, the Kitikmeot Inuit Association and the Qikiqtani Inuit Association (for the Baffin Region). Part of their role involves working with NTI in implementing the land claim and managing Inuit-owned land.

9. Section 35. • Federal crown lands are still administered by INAC.

10. Review of applications, plan and distributions, deeming applications complete

11. Review of applications, plan and distributions, deeming applications complete • LUP Application Requirements outlined in Section 22 of the Territorial Land Use Regulations • description of operation, name of person applying for permit, • location of land use activity, • fees payable, • types of equipment to be used • names and addresses of contractors and subcontractors, • plans for waste disposal and • relevant maps or sketches

12. LUP Application Requirements A)the lands proposed to be used and an estimate of their area; and B) the approximate location of all • i. existing lines, trails, rights-of-way and cleared areas proposed to be used in the land use operation; • ii. new lines, trails, rights-of-way and cleared areas proposed to be used in the land use operation; • iii. buildings, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places proposed to be constructed or used during the land use operation; and • iv. bridges, dams, ditches, railroads, highways and roads, transmission lines, pipelines, survey lines and monuments, air landing strips, streams and all other features, structures or works that, in the opinion of the applicant, may be affected by the land use operation.

13. Land Use Plan Conformity • The Board may not issue, amend or renew a licence to use waters or deposit waste if there is an applicable land use plan approved in accordance with Part 5 of Article 11 of the Agreement unless the Nunavut Planning Commission, in accordance with section 11.5.10 of the Agreement, (a) has determined that the use or deposit, or in the case of an amendment any change to the use or deposit, conforms to the land use plan; or (b) has approved a variance in respect of the use, deposit or change.

14. Security Deposits • LUP may have security requirements as a condition of the land use permit. • Territorial Land Use Regulations cap the security at $100,000. • INAC runs their own model (RECLAIM) for security determinations • Regional Inuit Land Administration Groups may also ask for security for ILC land

15. Security Deposits-W.L. • The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister.

16. Security: Continued • Security is usually determined during the NWB technical review process. • Generally for Type “A” Water Licence or Type “B” Water Licence that requires a Public Hearing. • Other Type “B Water Licences may require security at the discretion of the Board

17. Use of Questionnaires • NWB currently requests proponents to use the following questionnaires:Advanced Exploration QuestionnaireCulvert Bridge QuestionnaireLandfarm Contaminated Soil QuestionnaireMine Development QuestionnaireExploration & Remote Camp QuestionnaireTannery QuestionnaireOil Gas QuestionnaireIn Stream Use QuestionnaireHydro Static Testing

18. Water Licence Requirments • Section 5 of the current Northwest Territories Waters Regulations, which permits some water use and waste deposit activities without a license, is inconsistent with section 13.7.1 of the NLCA, which states that "with the exception of domestic or emergency use of water as set out in section 5 of the Northern Inland Waters Act (RSC 1985, c. N-25), no person may use water or dispose of waste into water without the approval of the NWB". • All activities that use water or dispose of waste for commercial activities require a Water Licence from the NWB

19. Water Use Fees • Same requirements under the NWT Waters Regulations (Northern Inland Waters Regulations) • Unsure of their current interpretation of the requirments

20. Public Hearing Process • Similiar to the Mackenzie Valley process. • If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.