Mineral & Coal Exploration Permitting Workshop at KEG 2019

1. AME/MEMPR Permitting Workshop at KEG 2019: Updates and tips for preparing effective mineral & coal exploration notice of work (NOW) applications April 8th, 2019

2. Update on NOW Guidance Review/Improvement Project • Project Objectives • Project Schedule • Guidance Reviewed • What we Heard – Key Themes • Considerations • From Assessment to Action – Key Recommendations and Next Steps

3. Project Objectives Overarching Project Goal: to create (through updates or new documents) comprehensive, user-friendly guidance for completing high quality notice of work applications • Undertake a comprehensive review of existing guidance for accessibility, clarity, accuracy, consistency, completeness and effectiveness of communication: • new Natural Resource Online Services (NROS) NOW Application portal; • online NOW Application form; and, • related government/partner sites. • Engage with Ministry of Energy, Mines & Petroleum Resources (MEMPR) regions throughout BC, and relevant colleagues in government, to assess challenges and potential solutions to achieve consistently higher quality NOW applications • Engage with mineral and coal exploration proponents from regions throughout BC to assess challenges and potential solutions to the efficient preparation of consistent, high-quality NOW applications

4. Project Schedule • Initial desktop compilation and analysis of existing guidance materials/sources (Nov-Dec 2018) • Interviews/Engagement with government and industry (AME assistance) (Dec 2018 – Jan 2019) • Initial reporting of findings & recommendations for improved and/or new guidance (Jan-Feb 2019) • Engagement with MEMPR on preliminary findings & recommendations (Mar 2019) • Updating of recommendations and preparation of new guidance materials (Mar-Sept 2019) – including ongoing engagement e.g. KEG, Minerals North • Engagement with government and industry on NOW Application Companion (Fall 2019) • Provision of NOW Application Companion and associated products (updated guidance) to MEMPR (Fall 2019)

5. Guidance Reviewed FrontCounter BC Discovery Tool Integrated Land and Resource Registry iMapBC AME BC Blog entry on NOW applications and process BC Government guidance on consulting with First Nations BC Consultative Areas Database BC Regional Mine Reclamation Bond Calculator Guidance Document (2018) BC Reclamation Bond Calculator Handbook for Mineral and Coal Exploration in BC • Overview information on previous NOW application page (FrontCounter BC) • Guidance embedded in NOW application form • MYAB Permitting Policy • MYAB Permitting Proponent Guide for mineral and coal exploration • Natural Resource Online Services (NROS): • guidance related to mineral exploration; • guidance related to coal exploration; • guidance specific to the NoW form; • NROS and Natural Resource Permitting Project YouTube overview video; • NROS ‘Application Process’ YouTube video; • NROS FAQs; • ‘Explore by Location’ feature; • ‘Explore by Location’ YouTube video tutorial.

6. What We Heard: Government & Industry Engagement – Key Themes • Mapping: • quality and consistency of mapping products submitted to government varies greatly • lack of consistent guidance on mapping standards and requirements • desire for clear, up-front, concise guidance on mapping requirements, and a preferred tool to generate required maps and formats • Reclamation Planning and Bonding: • MEMPR respondents cited a need for more robust reclamation plans in many applications • limited applicant awareness of new reclamation calculator and associated guidance • industry respondents expressed a desire to understand MEMPR’s detailed considerations in order to better plan for, and describe, reclamation programs • some concern that MEMPR is moving to treat exploration projects like operating mines for reclamation bonding purposes

7. What We Heard: Government & Industry Engagement – Key Themes • Indigenous Engagement: • NOW applications contain inconsistent and uneven information (from nothing to detailed summaries) • need for clear and consistent guidance on what is required of proponents, and what can be expected during NOW approval process • industry representatives reported widely divergent experiences: • depending on region and individuals assigned to a file; • in how consultation is handled during the review process; • In what information is required from proponents; and • how deadlines are set and adhered to (or not). • current guidance and available information for proponents who wish to engage early is inconsistent or lacking, making it difficult to engage in a meaningful and appropriate way

8. What We Heard:Government & Industry Engagement – Key Themes • Online NOW Application form: • both government and industry want to see the form evolve • confusing and overly long when printed/referred to other agencies and Indigenous groups due to explanatory text (for the applicant) being retained in the final application • bulk samples could be treated as a separate form (more technical and onerous requirements) • Process and Timelines: • limited communication back to applicant - months can pass with no clarity on where applications are in the process • a process flowchart with average timelines by stage – and perhaps a ‘your application is here’ feature – would be helpful to increase understanding, accountability and planning

9. Considerations • Research findings are far-ranging and ambitious • NOW authorization process concerns beyond the scope of guidance • Some matters influenced by entities beyond MEMPR (e.g. Indigenous consultation) • Mix of NOW applicants and their needs varies by MEMPR region • Divergent needs of experienced vs. inexperienced/first-time NOW applicants • Limitations of guidance recommendations • Many valuable updates to online NROS system are long lead time items (e.g. require IT involvement) • NROS NOW Application system is an operating machine that cannot be unplugged to undertake sweeping reforms all at once • Industry expectations for change/progress are high • Balance between need for consistent policy positions and recognizing regional differences/ability to make decisions • Time and budget considerations; we can’t solve everything for everyone • Focus on key themes and creating easily accessible guidance in one place (i.e. manual)

10. From Assessment to Action:Key Recommendations and Next Steps • Produce a comprehensive “NOW Application Companion” (guidance manual) – see next slide • Provide proposed updated mapping guidance/standards to MEMPR for consideration to facilitate consistent mapping standards and submissions, and intake review by FrontCounter (completed Mar 2019) • Provide recommendations to MEMPR on guidance updates and functionality enhancements for existing NOW application architecture on online NROS system (completed Mar 2019)

11. Next Steps – Development of Now Application Companion/Guidance Manual • Comprehensive consolidation (and enhancement) of all online NOW guidance materials, tools, and resources • From high-level overview to detailed step-by-step instructions • Illustrated with screen shots of the NROS system and NOW form • Downloadable PDF • Potential to update and augment over time • Consideration for subsequent evolution of online NOW guidance and application form (updates should be consistent with the manual) • Content expected to address: • Sample applications (or samples of key areas such as ‘Description of Work’) • Descriptions of required information and level of detail for individual text boxes (e.g. reclamation programs) • Long lead time tasks and information requirements (e.g. archaeological considerations, landowner authorization) • Process flowchart

12. NOW Application Companion/Guidance Manual - Outline Section 1: How to Prepare: • Sign-Up Process for NROS system (BCeID and OneStop) • BCeID information and requirements • Timing considerations • Indigenous Early Engagement • How to determine which communities to engage (incl government contacts for further information) and which representative(s) to contact • How to track engagement discussions and outcomes to increase usefulness to the Crown consultation process • Archaeological Considerations • What information is required to complete the NOW application, and how to obtain it • Examples when additional work (e.g. archaeological overview assessment and/or field reconnaissance) may be required, and how to plan for it • How to create and implement a chance find procedure

13. NOW Application Companion/Guidance Manual - Outline Section 1: How to Prepare (Cont’d): • Mapping Requirements & Tools • Costs/Budgeting • Reclamation Bond Calculator (and associated guidance) • Determining Application Type • “New Permit” vs. “Amendment” • Multi-year area-based vs. non-area based authorizations (pros and cons of each, how to determine which is best for your proposed activities and timelines) • Checklist: What You Need to Apply • Best Practices: Preparation Tips • Potential Additional Long Lead-Time Requirements (e.g. landowner access authorization, wildlife management planning) • Repository of available NOW-related guidance, tools, contacts, and other resources

14. NOW Application Companion/Guidance Manual - Outline Section 2: How to Complete the Application: • Navigational Instructions • Informational (i) pop-up boxes • Mandatory elements (*) • Saving, re-starting, and submitting • Step-by-step guidance specific to each section/heading of the application • Project • Guidance/Tips • NRS Office Location • Guidance/Tips – how to determine your regional office • Mines Notice of Work • Guidance/Tips (incl reference to section 1 above for info on MYAB vs. non-area-based and amendment vs. new permit) • Appropriate level of detail • Samples for key text boxes (i.e. “description of work program”) • Access • Guidance/Tips • Appropriate level of detail • Samples for key text boxes

15. NOW Application Companion/Guidance Manual - Outline Section 2: How to Complete the Application (Cont’d): • Cultural Heritage Resources and First Nations Engagement • Guidance/Tips • Appropriate level of detail • Activity Sections (actual headings will vary; depends on activities selected in the “Mines Notice of Work” section; all possible activities will be covered) • Access Roads, Trails, Heli Pads, Air Strips, and Boat Ramps • Guidance/Tips (incl. reference to reclamation bond calculator and guidance document) • Appropriate level of detail • Samples for key text boxes • Blasting • Guidance/Tips (incl. reference to reclamation bond calculator and guidance document) • Appropriate level of detail • Samples for key text boxes • Camps, Buildings, Staging Areas and/or Fuel/Lubricants Storage • Guidance/Tips (incl. reference to reclamation bond calculator and guidance document) • Appropriate level of detail • Samples for key text boxes • Etc. (for each activity type)

16. NOW Application Companion/Guidance Manual - Outline Section 2: How to Complete the Application (Cont’d): • Equipment • Guidance/Tips (e.g. make sure equipment dimensions fit within proposed access dimensions) • Mining Summary of Reclamation • Guidance/Tips • Notice of Work Contacts • Guidance/Tips • Notice of Work Location – Land Information • Guidance/Tips • Appropriate level of detail • Notice of Work Location – Mapping Options • Guidance/Tips • Checklist or “mapping requirements” document • Samples of each required map type • Short-term Use of Water • Guidance/Tips • Up-to-date information on the water licence exemption for mineral exploration

17. NOW Application Companion/Guidance Manual - Outline Section 2: How to Complete the Application (Cont’d): • Water Use Technical Information • Guidance/Tips (e.g. when would the applicant select “water supply” as an activity, given the water licence exemption?) • Appropriate level of detail • Applicant Information • Guidance/Tips (e.g. “Applicant” vs. “Submitter” vs. “permittee”) • Appropriate level of detail • Document Upload • Guidance/Tips • Other potential applications to be bundled with the NOW application (if/as required) • Reference information (e.g. Explosives Magazine Storage and Use Permit Application, Occupant License to Cut, Road Use Permit)

18. NOW Application Companion/Guidance Manual - Outline Section 3: What to Expect: • NOW authorization process flowchart and timeline (optimal timing for submittal) • Determining where your application is in the process: notification and status updates • Key ministry and related government contacts • Potential additional requirements (e.g.): • caribou management plans (or other wildlife management plans) • culvert/bridge authorizations; • engineering/QP review for steep access roads • erosion and sediment control plans

19. Break Up next: Top Tips for NOW Applicants

20. Top Tips for NOW Applicants • Accessing the NOW Form in the new Natural Resource Online Services System • Understanding Your Project Location and Potential Land Use Constraints • Early Engagement with Indigenous Groups • Reclamation Planning and Budgeting • Mapping • MYAB vs. Non-area-based Applications: How to Decide • Archaeology • Potential Additional Information Requirements • Tracking Your Application

21. 1. Accessing the NOW Form in the new Natural Resource Online Services (NROS) System TIP: Plan ahead to acquire the appropriate BCeID to access the new NROS system. • Personal BCeID or Business BCeID • A business BCeID is required for organizations and authorized representatives; a personal BCeID is required for individuals • You need to both apply online and visit a Service BC office • Do not convert an existing Basic BCeID if you have applications in progress in the Virtual FrontCounter BC system • More information: https://portal.nrs.gov.bc.ca/web/client/-/attention-notice-of-work-applican-1 …cont’d

22. 1. Accessing the NOW Form in the new Natural Resource Online Services (NROS) System TIP: Plan ahead to acquire the appropriate BCeID to access the new NROS system. • Applicants using a Business BCeID need to obtain a business number and link them through OneStop in order to access NROS • If you try to access the NOW form in NROS by clicking “Apply Now” at https://portal.nrs.gov.bc.ca/web/client/-/notice-of-work, you will be directed to the OneStop sign-up process before you can access the NOW form • Exception: if you are a sole proprietor applying for a NOW in your own name, you will continue to use virtual FrontCounter BC (no changes).

23. 2. Understanding Your Project Location and Potential Land Use Constraints TIP: Understanding land use constraints is important to inform project planning and determine regulatory requirements. • Explore by Location (https://portal.nrs.gov.bc.ca/web/client/explore) • New tool within the NROS system that allows applicants to input an area of interest, and access information on overlaps with other land use considerations and interests (e.g. local/regional government, Indigenous interests and contacts, forest tenures, land tenures, traplines, mineral/placer/coal reserves, and resource stewardship areas such as wildlife habitat areas and ungulate winter ranges) • Intended to access and bring together information from other provincial mapping tools and databases • Some mapping capabilities; for a list and comparison of mapping tools, see (https://portal.nrs.gov.bc.ca/web/client/-/mapping-tools).

24. 3. Early Engagement with Indigenous Groups TIP:It can be advantageous for proponents to engage with Indigenous communities as early as possible, before applying for any permits/ authorizations. There are online tools to help ascertain which groups may have interests in a particular area, and the relative level of interest among overlapping groups: • Explore by Location (see previous slide) – detailed report includes names and contact information for groups that may have interests in the project area • BC Consultative Areas Database (http://maps.gov.bc.ca/ess/hm/cadb/) – will provide names and contact information for groups that may have interests in the project area • If the above two sources provide conflicting information contact your local MEMPR/MFLNRO office for clarification …cont’d

25. 3. Early Engagement with Indigenous Groups TIP:Proper tracking of your engagement activities and communications is essential to efficiently navigating permitting processes. A good template for tracking communications during early and ongoing engagement: https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations/proponent_tracking_first_nation_consultation_template.xlsx Provincial guidance: https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations/building_relationships_with_first_nations__english.pdf

26. 4. Reclamation Planning and Budgeting TIP: Understanding the reclamation bonding process is essential for project planning and budgeting, and development of reclamation programs that will satisfy the mines inspector. MEMPR released a mine reclamation bond calculator and guidance documentin 2018 to increase consistency in how bonds are determined and ensure adequate bonds are in place before activities commence: • https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/reclamation-and-closure/regional-bond-calculator-supporting-files/regional_reclamation_bond_calculator_82_july_2018.xlsx • https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/reclamation-and-closure/regional-bond-calculator-supporting-files/regional_mine_bond_calculator_guidance_report_april_2018.pdf A sufficient level of detail must be included in the NOW application form to allow the inspector to understand the planned reclamation program and undertake their own estimation via the reclamation calculator.

27. 5. Mapping TIP: High quality maps that meet MEMPR requirements are very important to a successful authorization process. A current list of mapping requirements is available on the NOW overview in the NROS system (https://portal.nrs.gov.bc.ca/web/client/-/notice-of-work): • All maps must be in colour, computer generated, with a scale, north arrow and a detailed legend • Location Map - must show the location of the property in relation to the nearest community with access route clearly marked • Tenure Map - must show boundaries of the tenure(s) and tenure numbers, at scale of 1:20,000 or less • Map of Proposed Work - must show topography, water courses, existing access, existing disturbance, contour lines, known cultural heritage resources. For site specific applications the location of all proposed exploration activities must be shown; for area-based applications the work area must be shown as a polygon, with all proposed activities for year 1 shown, and shape files provided If in doubt, contact a local mines inspector before finalizing your maps: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/further-information/regional-offices

28. 5. Mapping - Sample Location Map

29. 5. Mapping - Sample Tenure Map

30. 5. Mapping - Sample Map of Proposed Work

31. 6. MYAB vs. Non-area-based Applications: How to Decide TIP: Applicants should carefully consider the pros and cons of each authorization type before making a selection. MYAB authorizations: • typical period of up to five years • can provide proponents with more certainty over a longer time frame • allow consultation with Indigenous communities on a longer-range basis (reducing the administrative burden of consultation on recurring annual applications) • require annual updates with specific project information • more information: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting/multi-year-area-based-permitting. If you are still unsure after consulting the above guidance, contact your local mines office for advice from an inspector.

32. 7. Archaeological Considerations TIP: Plan ahead to determine whether any registered archaeological/heritage sites are present in your project area, and to develop a chance find procedure. To access existing archaeological information, submit an online Archaeological Site Data Request Form (https://www.archdatarequest.nrs.gov.bc.ca/)or complete a data request form in person at the Archaeology Branch office (Victoria). • Allow up to 15 working days • Another option is to obtain this information through professional consulting archaeologists. See (www.bcapa.ca) or local directories. A chance find procedure is required prior to commencing work. Current guidance: http://www.frontcounterbc.ca/pdf/ArchaeologicalChanceFindProcedure.pdf

33. 8. Potential Additional Information Requirements TIP: Consider potential long lead-time requirements that may become a component of your NOW application or condition of a NOW authorization; for example: • Are you working in caribou habitat? • Are you building/upgrading water crossings (e.g. culverts, bridges)? • Are you building/upgrading access in steep and/or unstable areas? These may require additional information from QPs that can take some time to develop (such as a wildlife management plan, engineer design/sign-off, etc.). Further questions can be directed to your local mines office. Erosion and sediment control plans are a likely requirement for most NOW authorizations. Current provincial guidance: • https://www2.gov.bc.ca/assets/gov/environment/waste-management/industrial-waste/industrial-waste/mining-smelt-energy/guidance-documents/ug_erosion_and_sediment.pdf • https://www2.gov.bc.ca/assets/gov/environment/waste-management/industrial-waste/industrial-waste/mining-smelt-energy/erosion_sediment_control_plan_guide.pdf

34. 9. Tracking Your Application TIP:Stay in touch with your mines inspector throughout the process to track your application and ensure quick responses to information requests. If you are unsure of who your mines inspector is, contact your local FrontCounter BC office. General process after submittal of a NOW application: • completeness check by FrontCounter BC • application directed to a mines inspector for the formal review process • consultation with other provincial agencies and potentially affected Indigenous communities* • information requests and responses from applicant • decision *Several Indigenous communities have signed strategic engagement agreements (SEAs): • Agreements with the province that outline consultation procedures and timelines. • Find out if any of your local Indigenous communities have an SEA and the potential consultation timelines (to help you gauge review timelines) at: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations-negotiations/strategic-engagement-agreements

35. For more information:One-Eighty Consulting Group Inc.www.one-eighty.ca604-360-6536