Presentation to NIRB by the Government of Nunavut

1. NIRB Public Hearing on Condition 32 of the Meadowbank Project Certificate No. 004 Baker Lake – April 28, 29, 30 Presentation to NIRB by the Government of Nunavut

2. GN – Department of Environment (DoE) Roles and Comments Legislative Authority 1. Nunavut Wildlife Act 2. Nunavut Environmental Protection Act

3. Nunavut Wildlife Act Requires DOE to ensure mitigation and regulation of land-use activities that have potentially significant impacts on wildlife and wildlife habitat.

4. Nunavut Environmental Protection Act “no person shall discharge or permit the discharge of a contaminant into the environment.” Within the Act, the definition of contaminant is defined as follows: “contaminant” means any noise, heat, vibration or substance as the Minister may prescribe.

5. DoE’s concerns GN-DOE raised the issue of public access and increased hunting pressure during the EA process At that time, all parties were operating under the agreement, via the NIRB process, that the road would be a private road for a specific purpose – only to serve the mine.  The consensus at the time via the NIRB process was that mitigating potential negative impacts to wildlife could only be achieved by restricting public access.  In fact this issue was/is significant enough that the stipulation that it be a private road only, was incorporated into the NIRB Project Certificate. 

6. DoE’s concerns continued • The environmental assessment was conducted with the understanding that the road would be used by mine traffic only.  • Allowing public access would require further impact assessment studies. • It has not yet been determined which of five different caribou herds use the area affected by the road – a study to determine this has been going for only one year.  • Current research indicates two of the herds that potentially use this area are in decline.

7. Identification of Issues for the Public Hearing (outlined in NIRB’s letter of April 9, 2009) • DoE does not believe there is potential for adverse environmental effects by substituting the installation of locked gates at bridges 1 and 4 with a gate and manned gatehouse at kilometre 5 of the Private Access Road as requested by Agnico-Eagle Mines (AEM). • AEM’s request may lead to enhanced monitoring of use of the road. ISSUE 2: Potential adverse environmental effects of substituting the installation of locked gates at bridges 1 and 4 as prescribed in Conditions 32 a. of Project Certificate No. 004, with a gate and manned gatehouse at kilometre 5 of the Private Access Road as requested by Agnico-Eagle Mines (AEM) in their July 29, 2008 submission?

8. Identification of Issues for the Public Hearing • The request from the Hamlet dated April 6, 2009, which would public use of the road by ATV to pursue traditional activities may have potential for environmental impacts, such as impacts to wildlife. ISSUE 5: Potential adverse environmental effects of the non-mine use of the road?

9. Identification of Issues for the Public Hearing ISSUE 6. How will the effects identified in Issue 5 be assessed and mitigated? • The potential for environmental impacts can only be assessed if further information is provided including, but not limited to the following: • Will there be a cap on the frequency of non-mine use of the road? (How many ATVs at a time/monthly/weekly/annually?) • What is the expected frequency of use? • Will monitoring of non-mine use be instituted and reported? • Will increased harvesting via road access be monitored?

10. Department of Economic Development and Transportation (ED&T) Comments ED&T considers the amendment to Term and Condition 32 of the Meadowbank Gold Mine Project Certificate (No. 004) as being consistent with the Government of Nunavut’s Transportation Strategy that promotes improved transportation infrastructure and accessibility for recreation and traditional pursuits.  The Department supports the proposed changes to the project certificate to replace the locked gates by the manned gatehouse at kilometer 5.  EDT acknowledges and accepts the desire of Agnico-Eagle to continue to operate the road as a private access road.  The Department commends Agnico-Eagle and the Hamlet of Baker Lake for finding an option to allow access by ATVs along the traditional route for residents participating in recreation and traditional activities.  EDT does not feel that the proposed amendment of Condition 32 provides any significant change to the Project Certificate.

11. Taima Questions and Comments? Mutna

12. GN Contacts Paul Suvega – Assistant Deputy Minister, Executive GN Department of Executive and Intergovernmental Affairs Ph: (867) 975-6022 e-mail: psuvega@gov.nu.ca Department of Economic Development and Transportation Laura Mackenzie – Director, Community Economic Development – Kivalliq Region Department of Finance Representative Anthony Speca, Senior Fiscal Advisor Ph: (867) 975-6813 e-mail: aspeca@gov.nu.ca Department of Environment Representative Hillary Robinson – Biologist Ph: (867) 934-2176 e-mail: hrobinson@gov.nu.ca Dee Karadag -Territorial Environmental Assessment Coordinator & Scientist Ph: (867) 975-7732 e-mail: dkaradag@gov.nu.ca