Sahtu Land Use Plan Board Orientation Workshop

1. Sahtu Land Use PlanBoard Orientation Workshop July 29-30, 2008 Deline Land Corporation Boardroom, Deline Sahtu Land Use Planning Board Fort Good Hope, Northwest Territories

2. Agenda What is Land Use Planning Land Use Planning, the SDMCLCA, and the MVRMA Mandate and Authority of the SLUPB SLUPB Process Components of a Land Use Plan Evolution of the Sahtu Land Use Plan Current Comments on the Plan Future Revisions to Complete Draft 2

3. What is Land Use Planning A formal, structured process by which someone makes choices about the use of resources and their allocation among legitimate, competing uses, in order to achieve stated objectives over some specified period in the future.”

4. What is a Land Use Plan A land use plan is a roadmap that tells us how to get to our destination (vision). A land use plan describes what land uses are appropriate, where (and when) they are appropriate, and under what conditions. “A land use plan shall provide for the conservation, development and use of land, waters and other resources in a settlement area.” (MVRMA, S. 41 (2)

5. Identify Issues and Vision Monitor the Plan Complete Research Develop Options Implement the Plan Make Decisions (Develop the Plan) Basic Planning Process

6. Purpose of Planning “The purpose of land use planning is to protect and promote the social, cultural and economic well-being of residents and communities in the settlement area, having regard to the interests of all Canadians.” (MVRMA, S. 35 (a))

7. Who are we planning for? Special attention shall be devoted to the rights of the Sahtu First Nations under their land claim agreement, to protecting and promoting their social, cultural and economic well-being and to the lands used by them for wildlife harvesting and other resource uses (MVRMA, S. 35(b))

8. Who is involved? Land use planning must involve the participation of the first nation and of residents and communities in the settlement area. Approval: The Plan must be approved by SSI, GNWT, and INAC Planning Partners: Everyone participating in the process

9. Role of Planner Facilitator: Facilitate discussion about the consequences of different options on people, the environment and the economy Synthesizer: Organize complex information and factors to enable decisions Catalyst: Clarify objectives and identify options to address those objectives

10. Contents of land use plan • (3) A land use plan may include • (a) maps, diagrams and other graphic materials; • (b) written statements, policies, guidelines and forecasts; • (c) descriptions of permitted and prohibited uses of land, waters and resources; • (d) authority for the planning board to make exceptions to the plan and the manner of exercising that • authority; and • (e) any other information that the planning board considers appropriate. Sahtu Land Use Planning Board

11. Plans for Settlement Lands • The Planning Board shall take into consideration a land use plan proposed by the first nation for its settlement lands. Sahtu Land Use Planning Board

12. Plan Approval - Submission to First Nation and Ministers Following the adoption of a land use plan, the planning board shall submit it to: • the First Nation of the settlement area, • the Territorial Minister, and • the Federal Minister. The Plan takes effect on the date of its approval by the Federal Minister.

13. Determination of conformity • The Sahtu Land Use Planning Board shall determine whether an activity is in accordance with a land use plan. Sahtu Land Use Planning Board

14. Functions After Plan Approval 44. (1) …the Planning Board shall (a) monitor the implementation of the plan; and (b) where so authorized by the plan, consider applications for exceptions to the plan.

15. Interests granted in accordance with plan. • Upon approval of a land use plan, those authorities with jurisdiction to grant licenses, permits, leases or interests relating to the use of land and water shall conduct their activities and operations in accordance with the plan.

16. Co-ordinate with Adjacent Planning Bodies • The Planning Board may liaise and co-ordinate its plan, or co-operate in land use planning, with the appropriate land-use planning bodies in adjacent regions, including the Inuvialuit Settlement Region, the Gwich'in Settlement Area and the Nunavut Settlement Area.

17. Periodic (5 year) Review • The Planning Board shall carry out a comprehensive review of a land use plan not later than five years after the plan takes effect and thereafter every five years…

18. Amendment of Plan • The planning board may, on application or on its own motion, adopt any amendments to a land use plan that the planning board considers necessary. • Amendments follow the same approval process as the original plan – SSI, Territorial, Federal.

19. Mandate and Authority of the SLUPB The planning board shall, after consultation with the federal Minister, the territorial Minister and the first nation, determine the objectives to be considered and the other factors to be taken into account in the preparation of a land use plan for the settlement area (MVRMA, S. 40) A planning board shall prepare and adopt a land use plan for submission and approval. (MVRMA, S. 41(1)).

20. Mandate and Authority of the SLUPB • Subsequent to the approval of a land use plan, a planning board shall • (a) monitor the implementation of the plan; • (b) where so authorized by the plan, consider applications for exceptions to the plan. (MVRMA, S. 44) • A planning board shall determine whether an activity is in accordance with a land use plan where the activity is referred to the planning board (MVRMA, S. 47(1))

21. Mandate and Authority of the SLUPB The Board develops the Plan. Approval of the Plan is up to SSI, the GNWT and Canada. If the Parties do not agree with the contents of the Plan they will not approve it. It is not the Board’s Plan – it belongs to the approving Parties. The SLUPB’s role is to facilitate decisions between these three Parties.

22. Land Use Planning & Resource Management • Land use planning is part of an integrated system of resource management • Land use plan needs to be integrated with other components of the regulatory system and respect the roles of other Boards, departments and agencies involved • The MVRMA establishes a logical decision-making path from broad policies to site-specific decisions

23. Land Use Planning & Resource Management The Board must ensure the direction provided in the land use plan is appropriate to its position in the regulatory hierarchy

24. Identify Issues and Vision Monitor the Plan Complete Research Develop Options Implement the Plan Make Decisions (Develop the Plan) SLUPB Process WE ARE HERE

25. Plan Development Steps Complete Draft 2 Consult on Draft 2 Revise Plan (end of 2008-09) Complete Draft 3 (2009-10) Consult on Draft 3 Revise Plan – Prepare Draft 4 (Final) Adopt Draft 4 as the Proposed Plan Submit Plan to Parties for approval (end of 2009-10)

26. Components of the Plan • Land Use Plan • Background / Supporting Documents • Poster? • A land use plan may include • (a) maps, diagrams and other graphic materials; • (b) written statements, policies, guidelines and forecasts; • (c) descriptions of permitted and prohibited uses of land, waters and resources; • (d) authority for the planning board to make exceptions to the plan and the manner of exercising that authority; and • (e) any other information that the planning board considers appropriate. (MVRMA, S. 41(3))

27. Components of the Plan • Introduction • Introduction (Board, land use planning, principles) • Scope and Application of the Plan • Regulatory Context, Relationship to other land use initiatives (e.g. PAS, CEAMF/CIMP) • Overview of Contents (zoning types, terms) • Methodology & Analysis • Description of the Sahtu Settlement Area

28. Components of the Plan • Vision, Goals & Issues • The Plan - Zoning & Terms for development • Implementation & Monitoring • Roles and responsibilities • Conformity Determinations • Exceptions • Amendments & 5-Year Reviews

29. Components of the Plan • Other Sections • Executive Summary & Plain Language Summary • Definitions and Acronyms • Comments and Responses • List of Consultations • References • Supporting Documents (e.g. Background Report, Great Bear Lake Watershed Management Plan, other sub-regional plans)

30. Plan Comments • INAC • Environment Canada • Parks Canada • GNWT • PAS • SRRB • Deline RRC • Deline Land Corporation • SLWB • AMMO • CAPP • MGP • Pacifica Resources • Petro-Canada • Cameco • Santana Diamonds • Eagle Plains Resources • North American Tungsten • WWF • Ducks Unlimited • CPAWS • CBI

31. INAC Respect jurisdictions of SLWB, SRRB and fit within the MVRMA Focus on values to be protected rather than prescriptive terms Include Great Bear Lake Watershed Management Plan Delineate 3 km corridor for Mackenzie Gas Project as Infrastructure Zone Address Cumulative Effects Integration with PAS and other initiatives

32. INAC Protect Existing Rights Zoning limits economic development Mining – Incomplete consideration of mineral resources, restrictive terms Allow for access across Conservation and Special Management Zones Hold a Regional Forum Summary and assessment of comments Consultation with the Parties on Objectives for Planning Process as per s. 40 of the MVRMA.

33. Environment Canada Need context – social, cultural, political, regulatory Need vision and goals Need to address Species at Risk Act requirements for listed species Use of thresholds to manage disturbance Research and monitoring Reflect existence of PAS areas Identified key migratory bird sites Need more information on implementation How will conformity determinations work?

34. Parks Canada The Plan doesn’t apply to parks so they need to be extracted from Zone % Conditions should be applied to existing authorizations upon renewal Need to manage linear development impacts on caribou Need to manage cumulative effects in multiple use zones, not just SMZ Nahanni – Focus on Sahtu portion, MERA, talk about ecological and cultural significance

35. GNWT • Need more context for the Plan • Plan only applies to activities requiring authorization • Need a vision, goals and objectives • Consistent definitions • Fit with other land/water management structures / instruments • Ensure terms are not overly prescriptive • CZs near communities limit community, transportation and energy infrastructure or resource development • Ensure community expansion allowed

36. GNWT • GNWT Interests: • Sound wildlife and forest mgmt; • effective environmental protection; • sustainable community development and economic opportunity; • effective transportation, energy, public water supply and waste mgmt, and telecommunication systems; • provide ample opportunity for natural resource development and economic development; • PAS

37. GNWT • Expectations for Final Plan • Clear and transparent fit within NWT land and water management system • Zone designations that clearly identify prohibited and permitted uses • Clear guidance to regulators and developers • Regard for NWT public interests • Use existing standards • Where standards don’t exist, don’t create them in the Plan – set an Action

38. PAS Assessed level of representation of ecoregions within Conservation Zones 34% of land in CZ results in meeting 58% of ecological representation goals If significant hotspots included (another 3%), 72% of ecological goals met Add other significant areas (4%) – 98% of goals met

39. SRRB Application of SMZ conditions to renewal of existing authorizations Requested additional terms for SRRB on monitoring reports, revegetation, use of traditional knowledge, disturbance of traplines, community notification of activities, speed limits on access roads, managing invasive species Specific comments related to species and zones

40. Deline Renewable Resource Council and Deline Land Corporation • Incorporate the Great Bear Lake Watershed Management Plan • Need clear vision, goals, objectives and purpose • Need a description of the current status of the region, methods, decision-making process (evolution of the Plan) • Great Bear Lake SMZ • Identify Great Bear Lake as part of the zone • Need general policies (not prescriptive) • Allow for an all-weather road NW from Deline to ts’ootue

41. Deline Renewable Resource Council and Deline Land Corporation • Specific direction on Conservation Zones within Deline district • Allow small scale hydro for community use • Need general policies • Designate all settlement lands in the Sentinel Islands as SMZ – only Crown lands will be Conservation Zone • Concern about prospecting permits - need to narrow the exemption for existing authorizations

42. CAPP Current draft does not provide a sound framework for land and resource management that balances environmental and social concerns with economic benefits Limited access to land – 79% of land either prohibited (CZ) or restricted through conditions in SMZ Existing rights are not sufficiently clarified or protected

43. CAPP SMZ conditions are unnecessarily prescriptive Provided extensive rewording suggestions to improve conditions Need to allow for infrastructure corridors for pipelines, highways and power transmission Need to clarify implementation process Need to clarify exception and amendment process

44. Petro-Canada Want clarification on exception process Many conditions duplicate current regulations Concern about protection of existing rights How will transportation routes through or across CZ be managed?

45. MGP Provide a Multiple Use Zone for the Mackenzie Valley Pipeline and infrastructure Corridor must allow for design changes Need to allow camps, stockpiles, barge landings, access roads, etc in other CZ and SMZ Change Little Chicago and Mackenzie River Conservation Zones to SMZ to allow infrastructure Indicate the natural resources and cultural values to be protected rather than prescribing the method of protection

46. Mining Cameco, North American Tungsten, Santana Diamonds, Pacifica Resources, Eagle Plains Resources Not consulted – requesting an extension on comment deadline Restrictions in the plan expropriate their rights Want assurance that their mineral rights will be grandfathered. Disagree with characterization of low mineral potential

47. Association of Mackenzie Mountain Outfitters Disagree with prohibition of commercial hunting in Special Management Zones

48. Canadian Boreal Initiative Prohibit developer’s employees from fishing Recommend all linear disturbances be included in cumulative effects thresholds (<3 m) Prohibit developers from disturbing ground cover during seismic line development Replace site-specific monitoring programs with SSA scale monitoring program Describe how information on connectivity and size of conservation areas factored into conservation zone development Evaluate capacity of the Plan to maintain viable wildlife populations

49. CPAWS Protect at least 40% of the region Work with PAS to protect additional lands that maximize ecological representation and connectivity Consider cumulative effects indicators and thresholds Assess the economic value of natural capital in Sahtu Conservation Zones Use more general policies, not prescriptive terms Require developers to follow best practices for seismic lines Restrict new mineral claims from being recorded in CZ within prospecting permits issued prior to Plan approval Append the entire GBLWMP to the Plan with appropriate amendments

50. Ducks Unlimited • Ramparts River and Wetlands Complex, Willow Lake are Key Migratory Bird Terrestrial Habitat Sites • Link Willow Lake and Kelly Lake, following Migratory Bird Site boundary • High diversity areas for waterbirds: • Sahoyue and Ehdacho, Colville Lake, Maunoir Dome and Anderson River, Lac de Bois, Oscar Lake, 3-Day Lake, Stewart Lake • Re-designate Lower Mackenzie River Islands as CZ (staging area)