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Disclosure of Preliminary Screening

Disclosure of Preliminary Screening. Staff package provided to MVEIRB prior to Board meeting MVEIRB informed of Board decision

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Disclosure of Preliminary Screening

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  1. Disclosure of Preliminary Screening • Staff package provided to MVEIRB prior to Board meeting • MVEIRB informed of Board decision • Decision issued three (working) days after board meeting: as long as within legislated time period. Alternative arrangement discussed with MVEIRB if timeline is an issue.

  2. Field Modification • Board has no jurisdiction: Board issues amendments. • Inspector has some authority to carry out modifications through permit or licence conditions. • Or, section 86(1) and 86(2) of the MVRMA provides inspector authority to “order the permittee in writing such measures as deemed necessary” where the inspector has reasonable grounds to believe that: 1) a permittee is contravening the regulations or a condition of a licence. 2) a permitted use of land has resulted in, or is likely to result in an adverse effect on the environment.

  3. Amendments • Permittee and Licencees may apply to the Board for amendments. • Review will depend on extent of application i.e., may require a hearing. • All applications for amendments require distribution for review. • All amendments are subject to preliminary screening. • More attention needs to made on “scoping” of permits in order to not unreasonably restrict the potential for amendments.

  4. Private Land vs. Crown Land • Wek'èezhìi includes both private (mostly Tlicho) and Crown Lands. • Proof of right of access to private lands is required prior to WLWB considering any application; i.e., an applicant must be eligible. • Number of differences MAY occur in process because of Tlicho Laws or policy directions. • Possibility of “Type C” permits (Tlicho Agreement section 7.4.2 & MVRMA section 90.1). • Consultation requirements are different (MVRMA sections 63(3) and 63(4)). • Tlicho Government can issue policy directions to the Board(s) that apply to Tlicho Lands (MVRMA section 83(2)).

  5. Private Land vs. Crown Land • In cases of water use, Board cannot issue, amend or renew a licence that will: “...significantly alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands...” (MVRMA section 79.1) unless a compensation agreement is made between proponent and the Tlicho Government. • WLWB has a role in resolving disputes relating to access to construction materials on Tlicho Lands in cases where applicant and Tlicho Government cannot agree to access conditions. (MVRMA section 80.1(4))

  6. Use of TEK/TK • Board endeavours to provide processes that solicits TK whenever possible. • Board is required to consider: “any traditional knowledge...that is made available to it.” (MVRMA section 60.1(b))

  7. Land Claim vs. Non-Settlement Areas • More appropriately should be discussion of “Settled Groups” vs. “Unsettled Groups”. • i.e., Unsettled groups (or even settled groups) still make assertions with settlement/management areas. • Example 1: Treaty 8, NWT Metis nation and NSMA all make assertions with Wek'èezhìi Management Area; including potentially section 35 consultation expectations. • Example 2: Settled groups, i.e., Tlicho, KIA still have consultation expectations within other settlement areas and unsettled claim regions. • Note: Model has changed, new agreements have rights extending beyond “settlement” or “management” boundaries.

  8. Review of Plans • Reviews of Plans varies greatly may include: • Simple request for comments • Board technical review • Technical Workshop • Hearing • Board directed ToR and workshops prior to submission • Staff directed revisions • Board decisions may include approval, conditional approval with conditions, or a directive to resubmit.

  9. Review of Applications • Land Use Permit • Application Received • Deemed Complete (includes assessment for eligibility) • Package for review developed and uploaded • Links for review distributed with timeline • Comments received • Staff report • Board review and Decision • Preliminary Screening • Land Use Permit • Time limits

  10. Review of Applications • Water Licence • Type A and B • Usually more complex • Timelines: Type B – maybe 60 days, Type A up to 2 years • Hearings often required • Technical workshops, intervention etc (more info later in presentation)

  11. Land Use Conformity • No Land Use Plans to date within Wek'èezhìi. • A Land Use Planning Body within Wek'èezhìi is not provided for in the MVRMA. • Tlicho Government is currently developing a Land Use Plan for Tlicho Lands...Federal Government responsible for the Land Use planning on crown lands portion of Wek'èezhìi.

  12. Security Deposits • For Land Use Permits: based on running security model: Minimum $5000. • For Water Licences: discussion during hearing process. Board will contract expertise if required.

  13. Use of Questionnaires • Certain questionnaires required for water licence applications • WLWB has adopted MVLWB questionnaires.

  14. Deeming Applications Complete • Applicant eligible, includes right of access to lands. • Completed application form. • Supporting documents as required/necessary. • Pre-submission engagement carried out or Board approved exemption provided. • Archaeological Search carried out for new LUP applications. • Fees.

  15. Legislation, Interpretation and Application • WLWB interprets legislation as applicable. • Legal Counsel used when necessary. • Board has also solicited opinion of INAC, GNWT and Tlicho Government to provide advice on interpretation; however, Board retains right to interpret legislation as it deems appropriate.

  16. Permits/Licences/Plans (Formatting) • Examples of permits and licences available at http://www.mvlwb.ca/wlwb/Registry.aspx

  17. Access Agreements and Benefits Plan Requirement • Right of access to private (Tlicho) lands required before an applicant can be considered eligible. May be Tlicho Access law, or right pursuant to chapter 18 or 19 of the Tlicho Agreement. • Board has no requirement for an “access or benefit agreement”.

  18. Reasons for Decision • Required for water licence related decisions (NWT Waters Act section 26) and preliminary screening decisions. • For Water Licences depending on issues and complexity issues will be either: i) Developed prior to Board meeting for review and approval by Board. ii) Developed following discussion of issues at Board meeting and approved at subsequent meeting. iii) On occasions Board authorizes Chair to finalize and approve Reasons for Decision.

  19. Permitting in Communities • WLWB required to process applications for permits within community Boundaries (MVRMA section 90.2). UNLESS • “the local government has enacted a bylaw providing that one is not required for uses of that type.” • No community government has enacted a by law of that type and therefore Board DOES permit in community boundaries. • Note threshold for permits within community boundaries is much higher in communities.

  20. Name Change vs. Assignment • Both are acceptable to WLWB. • Name change requires official (legal) confirmation of name change and submission of letter of request to the Board. • Assignment process follows similar process to other Boards.

  21. Expired Security Deposit

  22. Water Use Fee Calculation • As per NWT Water Regulations. • Confusion exists on interpretation of legislation. • Board has processed fees submitted in numerous ways. • We will be following the following interpretation: For an industrial undertaking using 2500m3/day for 365 days/year the water use fee is calculated as follows: • Greater of: • Basis Water use fee: $30 OR • Aggregate: For first 2000m3 ($1.00 x 20) +for amounts between 2000m3 and 4000m3 ($1.50 x 5) = $27.50 Total Water Use Fee = $30 (as $30 > $27.50)

  23. Type A or B Water Licence Process for Public Hearing • Held according to requirements of NWT Waters Act (outlined in detail in other presentations). • Three hearing processes to date. • All Class A: two related to Diavik renewal, and one ongoing related to BHPB Closure and Reclamation Plan. • Board uses hearings as needed to discuss and decide on major issues; not just to review applications. • Hearings may be “written”.

  24. Water Licence Process • Submission of application / Determination of issue. • Preliminary Screening Decision (if required). • Initial Comments • Technical Sessions • Information Requests • Pre hearing Conference • Interventions • Company Response to Interventions • Procedural Rulings • Hearing • Commitments • Board Decisions • Post Hearing Process (i.e., Licence drafting and distribution.) • NB: Written hearing proceedings are always possible and have been used,

  25. Water Licence Renewal • Largely follows same process

  26. Water Licence Amendment Request • Process dependent on scale, complexity and reviewer concern regarding request. • May result in simple call for comments and possible cancellation of hearing (if required). • Or, can result in mediated process producing Record of Agreement binding on partied, proponent and the Board. • Or, may require full public hearing process.

  27. Additional • WLWB requires type B water licence for Uranium mineral exploration. • Pre-submission engagement.

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