Northern Project Agreement for the AREVA Resources Canada Inc.’s Kiggavik Uranium Mine Project in Nunavut
- 1.0 Introduction
- 2.0 Purpose
- 3.0 Nature of Agreement
- 4.0 Regulatory Review Process
- 5.0 Project Description
- 6.0 Roles and Responsibilities
- 7.0 Aboriginal Crown Consultation
- 8.0 Service Standards
- 9.0 Administration
- 10.0 Signatories
- Annex I - Roles, Responsibilities and Expertise in relation to the Environmental Review and Regulatory Permitting Processes
- Annex II - Aboriginal Crown Consultation: Approach and Associated Roles and Responsibilities
- Annex III - Key Federal Milestones and Service Standards in relation to the Environmental Review
- Annex IV - Canadian Nuclear Safety Commission Roles, Responsibilities, Key Milestones and Service Standards
- Annex V - Roles, Responsibilities and Milestones for Authorizing Agencies in relation to Regulatory Permitting
The Government of Canada recognizes that timely, predictable and transparent environmental assessments and regulatory reviews of major resource and regional infrastructure projects are key attributes to effective assessment and mitigation of potential environmental effects, while protecting the health and safety of Canadians and supporting a positive investment climate across Canada. In the territories, the Northern Projects Management Office (NPMO) was established to help facilitate these objectives by coordinating federal participation and activities throughout the environmental assessment/environmental impact review and regulatory permitting process.
Federal departments and agencies with regulatory responsibilities in the three territories have signed a Memorandum of Understanding Defining Terms and Scope of Cooperation between Federal Departments, Agencies and the Northern Projects Management Office for Coordination of Northern Projects (the "MOU"). The MOU outlines the manner in which federal departments and agencies work cooperatively to promote timely, predictable, transparent and accountable processes for carrying out their activities and obligations in relation to the environmental assessment and regulatory system in the territories. This Northern Project Agreement (the "Agreement") will support coordination of activities carried out by all federal participants on AREVA’s (the "Proponent") Kiggavik Uranium Mining Project ("the Project") in relation to the environmental review, regulatory permitting, and Crown consultation and accommodation with Aboriginal peoples ("Crown consultation and accommodation").
The purpose of this Agreement is to clearly articulate the roles, responsibilities, and commitments of each of the federal departments or agencies signatory to the Agreement (the "Parties") in relation to the environmental review, regulatory permitting, and Crown consultation and accommodation for the Project.
3.0 Nature of Agreement
This Project Agreement is not intended to be legally binding. The signatories to this Agreement commit to work together to facilitate effective, accountable, transparent, timely and predictable participation by federal departments and agencies in relation to the environmental review and regulatory permitting of the Project, including Crown consultation and accommodation.
This Agreement is designed to be a publically accessible document that coordinates federal activities as a Project advances through the environmental review and regulatory permitting.
This Agreement is to be interpreted in a manner consistent with all applicable statutes, regulations, and rules of natural justice and does not create any new legal powers or duties, or fetter in any way the jurisdiction, powers and duties of the Parties.
For further clarity, the Agreement shall be read together with the Annexes, which form part of this Agreement.
4.0 Regulatory Review Process
The environmental review process is governed by Article 12 of the Nunavut Land Claims Agreement (NLCA), which established the Nunavut Impact Review Board (NIRB). Following an initial screening by NIRB and recommendation that the project proposal be subject to a public review, the Project was referred to the NIRB for review under Article 12, Part 5 of the NLCA. The NIRB reviews the proposal to determine whether the project proposal should proceed, and if so, under what terms and conditions. This Agreement acknowledges and respects that the environmental review process is managed by the NIRB, and that most timelines during the review are established by the NIRB and may be subject to change at the discretion of the Board. The timelines during the decision phase of the review are set by the relevant federal departments.
When AREVA determines that it is prepared to proceed to the regulatory permitting phase it will have to submit to the CNSC a licence application and supporting technical information for a Licence to Prepare Site and Construct the mine. AREVA will also have to submit technical information to the Nunavut Water Board (NWB).The regulatory permitting processes are managed in part by the Nunavut Water Board (NWB), the Canadian Nuclear Safety Commission (CNSC) and authorizing departments or agencies. Each of the federal regulatory authorities must manage the regulatory permitting process in accordance with its governing legislation and policies, but also may modify timelines to coordinate with the NIRB process.
5.0 Project Description
The proponent is proposing to construct, operate and decommission a uranium mine in the Kivalliq Region of Nunavut. The Project is located approximately 80 km west of the community of Baker Lake. Four uranium ore deposits will be mined using open pit methods and one deposit will be mined using underground methods. All extracted ore from the mine sites will be processed through a mill. Some of the mined out pits will be used as tailings management facilities. The uranium product will then be packaged and transported using aircraft to southern transportation networks.
The Project will be serviced by ship and barge, air and a winter access road. An all-season road between Baker Lake and the Project is a secondary option under consideration in case the winter road cannot adequately support the Project. Marine shipment of fuel and dry cargo will be via ocean going vessels through Hudson Strait to Chesterfield Inlet. The cargo would then be lightered into barges or smaller self propelled vessels in Chesterfield Inlet and delivered to the final destination in Baker Lake. Marine shipment via ocean going tug/barges from southern ports will be direct to Baker Lake. Marine shipment via ocean-going vessels may also be through Hudson Strait and Hudson Bay to Churchill. Cargo would be trans-shipped from Churchill to Baker Lake via tug and barge. A rail link connecting to major southern railways is also available for shipping fuel and dry cargo to Churchill. To maximize utilization of existing infrastructure, transfer of goods from ocean-going vessel to barge will be performed at either Churchill or via lightering near Chesterfield Inlet.
Based on existing resources mine life is estimated at 14 years of operation with additional years for construction and decommissioning. Decommissioning plans and financial security are required for the Project. Financial assurance provides certainty that decommissioning and reclamation work will take place with available and adequate resources.
The scope of the project review includes:
- Construction: activities will center on the construction of the mine and milling facilities, all-weather road access, winter road and an airstrip.
- Mining operations: open pit mining of three uranium ore deposits at the Kiggavik site (East Zone, Centre Zone and Main Zone); and open pit and underground mining of two uranium ore deposits at the Sissons site (Andrew Lake and End Grid).
- Milling Operations: All extracted ore from the mine sites will be processed through a mill located at the Kiggavik site using hydrometallurgical processes.
- Tailings Management: Mined out pits at the Kiggavik site will be used as tailings management facilities (TMF).
- Water management: Ponds will be dewatered; a section of Andrew Lake will be dewatered and pumped into the remainder of Andrew Lake. The lake pit will be re-flooded, contact water will be collected, treated and released. Treated effluents and grey water will be released and freshwater will be used for industrial and domestic purposes and flooding of the winter road.
Site drainage, water treatment permeates, and fresh water from a nearby lake will be used in the mill process. A purpose-built pit will be constructed at the Kiggavik site for water storage.
- Transportation: Access to the site will be provided by either a winter or all-season road between Baker Lake and Kiggavik. Supplies will be shipped to a dock facility at Baker Lake during the summer barge season and trucked to Kiggavik. An airstrip will be constructed and operated at the Kiggavik site for transportation of personnel, perishable goods and yellowcake.
- Surface structures: Solid waste management and containment areas, power plant, sewage and water treatment plants, camp facilities, roads, and ore processing/milling plant.
- Decommissioning and reclamation: decommissioning will include demolition of the site and reclamation of any contaminated areas.
6.0 Roles and Responsibilities
The following federal departments and agencies have an identified interest in the Project:
- NPMO will act as the federal project coordinator per the coordination and administrative responsibilities outlined in the MOU. NPMO will provide oversight and advice to federal departments and agencies throughout the environmental review, regulatory permitting, and Crown consultation and accommodation for the Project. NPMO will liaise with the NIRB, the Proponent, the territorial government, and other parties on project-related issues as necessary. NPMO will coordinate the Kiggavik working group (a working level group involved in the technical review of the Project). NPMO will also act as the Crown consultation coordinator (CCC); the roles of the CCC are outlined in Annex II.
- Aboriginal Affairs and Northern Development Canada (AANDC) is one of the Responsible MinistersFootnote 1 (RMs) under the NLCA and as such is responsible, for considering the NIRB’s report and making a determination under Article, 12 of the NLCA. AANDC has additional regulatory and statutory responsibilities under the Nunavut Waters and Nunavut Surface Rights Tribunal Act and the Territorial Lands Act. AANDC will also provide, as available, specialist and expert information and knowledge to the NIRB and the NWB. AANDC also has advisory responsibilities that support the Government of Canada’s Aboriginal engagement and consultation activities in relation to the Project.
- The CNSC has regulatory and statutory responsibilities within its mandate, and is responsible for reviewing all aspects of the project under the Nuclear Safety and Control Act (NSCA). The CNSC will also provide specialist and expert advice, information and knowledge to the NIRB, the NWB, Responsible Ministers, and the Federal Minister.
- Fisheries and Oceans Canada (DFO) has regulatory and statutory responsibilities under the Fisheries Act, is one of the competent ministers under the Species at Risk Act (SARA), and is likely an RM and RA pursuant to the NLCA. DFO will also provide, as available, specialist and expert information and knowledge to the NIRB, the NWB and the CNSC.
- Natural Resources Canada (NRCan) has regulatory and statutory responsibilities under the Explosives Act and is likely an RM and RA pursuant to the NLCA. NRCan will also provide, as available, specialist and expert information and knowledge to the NIRB, the NWB and the CNSC.
- Transport Canada (TC) may have regulatory and statutory responsibilities under the Navigable Waters Protection Act or the Navigation Protection Act when it enters into force, the Arctic Waters Pollution Prevention Act, the Canada Shipping Act, 2001 and the Arctic Shipping Pollution Prevention Regulations During the transportation of dangerous goods, the Proponent’s activities must comply with the Transportation of Dangerous Goods Act, 1992, its regulations and standards. TC is likely an RM and RA pursuant to the NLCA. TC will also provide, as available, specialist and expert information and knowledge to the NIRB, the NWB, and the CNSC.
- Environment Canada (EC) will provide, as available, specialist and expert information and knowledge to the NIRB, the NWB and the CNSC. EC will participate in the regulatory process on a discretionary basis subject to their expertise and mandate.
For greater clarity, all departments and agencies listed above may have responsibilities related to any Crown consultation and, where required, accommodation that arises for the Project.
Further information regarding the roles and responsibilities of the Parties is provided in the Annexes.
7.0 Aboriginal Crown Consultation
The Government of Canada is committed to undertaking a process of early, effective and meaningful consultation with Aboriginal groups concerning contemplated Crown conduct that may adversely impact established or potential Aboriginal or Treaty rights under section 35 of the Constitution Act, 1982.
The Parties will use the existing review process, including the NIRB community meetings and public hearings’ process, as their primary avenue for consulting with Aboriginal groups and collecting information on potential Project impacts to potential or established Aboriginal or Treaty rights. Through the environmental review and regulatory permitting processes, the NPMO will manage the official record of Crown consultation for the Project, and will work with other federal government departments and agencies to coordinate Crown consultation and accommodation, including identification and resolution of issues, as needed. Crown consultation and accommodation roles and responsibilities are identified in Annex II of this Agreement.
8.0 Service Standards
Service standards are identified in annexes to this Agreement to promote accountable and transparent participation of the Parties in relation to the environmental review and regulatory permitting of the Project. It is recognized that the timelines in relation to the environmental review are set by the NIRB and are subject to change. The service standards outlined in this Agreement in relation to the environmental review process are designed to ensure Parties work together to meet the Board’s deadlines. The Responsible Ministers have also identified service standards they will meet in relation to the permitting phase of the Project. Service standards are outlined in Annexes III, IV and V.
The activities and service standards set out in this Agreement, subject to any amendments, will provide the basis against which the NPMO will monitor the progress of the federal involvement in relation to the environmental review and regulatory permitting. NPMO will report on the progress of the Project as necessary through the Major Projects Deputy Ministers’ Committee, and will inform other federal departments involved in the Project of the updates.
Project milestones identified in Annexes III, IV, and V will be uploaded and tracked on the NPMO Tracker to provide publicly accessible monitoring of the progress of federal activities in relation to the environmental and regulatory review.
The Parties will use their best efforts to resolve any differences of opinion in the interpretation or application of this Agreement in an effective and timely manner.
Issues involving multiple federal departments relating to the environmental review or regulatory permitting of the Project will be resolved through direct discussions and collaboration between the involved parties, supported by NPMO.
Should issues remain outstanding, NPMO will refer them to the appropriate senior level committee.
Post Review Evaluation
NPMO will lead the design and implementation of an evaluation to determine the effectiveness of the federal participation in relation to the environmental review and regulatory process, considering feedback from other parties. Parties will participate in a meeting organized by NPMO to discuss lessons learned during the review within three months following the completion of the NIRB processes. Another review will be conducted after the NWB and CNSC regulatory phase processes are complete. The level of effort and format of the evaluation will be appropriate to the scale of the issues encountered.
One or more of the Parties may recommend to NPMO whether a change in relation to the environmental review, the regulatory permitting, or the Project warrants an amendment to this Agreement. Where there is agreement among the majority of Parties that an amendment is warranted, and where such amendment is considered significant, NPMO, on behalf of the Parties, will provide the proposed amendment to the Major Projects Deputy Ministers’ Committee for consideration. If a Party requires an amendment to their own specific regulatory Annex, they may bring the proposed changes to NPMO for incorporation into the Agreement, without agreement from the other Parties.
Amendment of the Agreement shall not cause the participation of federal departments and agencies in the environmental review and regulatory permitting to stop with respect to any Agreement-related activities that might be ongoing at the time the amendment is identified.
The Parties hereto have signed the Agreement, in counterpart, on the dates indicated below.
Canadian Northern Economic Development Agency
Aboriginal Affairs and Northern Development Canada
Canadian Nuclear Safety Commission
Fisheries and Oceans Canada
Natural Resources Canada
Associate Deputy Minister
(on behalf of Louis Lévesque, Deputy Minister of Transport, Infrastructure and Communities)
Annex I - Roles, Responsibilities and Expertise in relation to the Environmental Review and Regulatory Permitting Processes
ARTICLE 12, PART 5 Environmental Review by the NIRB
The PartiesFootnote 2 to the Agreement commit to the following activities in relation to the Environmental Review of the Project:
- Participate on the Kiggavik working group, coordinated by NPMO.
- Attend meetings with NPMO and other Parties (including the Proponent and territorial government), as appropriate.
- Review, analyze, and provide comment on the Draft Environmental Impact Assessment (DEIS)/ Final Environmental Impact Assessment (FEIS) and other information provided to the NIRB, as appropriate.
- Provide expert advice to the NIRB with respect to their respective mandates, regulatory responsibilities, and areas of interest throughout the review, as appropriate.
- Coordinate requests for information from the NIRB (including information requests and technical reports) in advance of the deadline, by sharing them with other departments and agencies to ensure consistency in messaging and no duplication, gaps or overlap. NPMO will be responsible for compiling them into a single Government of Canada submission.
- Advise NPMO, of any potential federal requests to the NIRB that could impact the timelines associated with the review process (i.e. requests for additional information or timeline extensions).
- Seek to gather sufficient information from the Proponent to inform decision-makers with respect to NWB decisions.
- Participate in a hearing preparation session, organized by NPMO, in advance of the NIRB hearings.
- Participate in the public hearings process, as appropriate.
- With NPMO as the coordinator, the signatories to this agreement (and the Government of the Nunavut) will work together to review the Final Hearing Report, and discuss options for ministerial decision on the project (adopt the NIRB’s recommendation, refer the report back for further consideration; or, after consulting the NIRB, either adopt the report with modifications or reject it), and make an appropriate decision.
- With the Minister of AANDC as the lead, draft a response to the NIRB Final Report outlining the Responsible Ministers’ decision.
- if necessary, with the Responsible Ministers’ as the lead, participate in the further consideration process, as appropriate, with the NIRB.
- The NPMO will send the consolidated Government of Canada submission to the parties for approval prior to submitting it to the NIRB.
Federal Responsible Ministers commit to the following activities in relation to the regulatory permitting of the Project:
- Participate on the Kiggavik working group, led by NPMO.
- Participate in meetings with other federal and territorial authorities, and Inuit Organizations as appropriate.
- Participate in the CNSC and NWB review and provide expert advice with respect to their mandate and regulatory responsibilities, as appropriate.
- The NPMO will send the consolidated Government of Canada submission to the parties for approval prior to submitting it to the NWB.
- Advise NPMO, in advance, of any potential federal requests to the NWB that could impact the timelines associated with the review process (i.e. requests for timeline extensions, requests for additional information).
- Participate in the NWB and CNSC public hearings, as appropriate.
- Review applications and make a regulatory decision as outlined in Annex V.
- if necessary, undertake any additional required activities related to their mandate, regulatory responsibilities, and/or areas of interest including consulting with affected/potentially affected Aboriginal groups as appropriate to support a regulatory decision.
- Update NPMO on the progress of the regulatory review to ensure milestones (from Annex V) are tracked in the NPMO Tracker and that any consultation and accommodation records are provided for keeping in the official record of Crown consultation and accommodation.
- Ensure that terms and conditions within individual permits/authorizations/licences are consistent with the terms and conditions of the Project Certificate of the NIRB approved by the Responsible Ministers.
- Conduct site visits and inspections to support regulatory decisions, as required.
Areas of Expertise
|Department/Agency||Areas of Expertise/Interest|
|Aboriginal Affairs and Northern Development Canada||
|Canadian Nuclear Safety Commission||
|Fisheries and Oceans Canada||
|Natural Resources Canada||
Annex II - Aboriginal Crown Consultation: Approach and Associated Roles and Responsibilities
The Government of Canada consults with Aboriginal people for reasons of good governance, sound policy development and decision-making, as well as legal reasons. The legal duty to consult is grounded in section 35 of the Constitution Act, 1982, which recognizes and affirms "existing Aboriginal and Treaty rights."
The Crown has a duty to consult, and where necessary accommodate, when the Crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights. Federal departments and agencies commit to working together to develop a coordinated approach to Crown consultation and accommodation that will ensure the duty to consult is met. The Parties will use the consultation efforts of the Proponent, the existing environmental review process, and the Kiggavik public hearings as their primary avenue for consulting with Aboriginal groups and collecting information on project impacts to potential or established Aboriginal or Treaty rights.
2.0 The Federal Crown Consultation Process
The Crown’s approach to consultation will be consistent with Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011). Federal departments and agencies will work collaboratively, as the Crown, to assess roles and responsibilities, and ensure that their process fulfills the Crown’s duties to consult and, where appropriate, accommodate any project impacts on potential or established Aboriginal or Treaty rights. This work will be outlined in a Crown consultation plan that is developed by NPMO, in collaboration with the other Parties. Best efforts will be made to ensure that the timeframe for Crown consultation and accommodation activities coincides with key milestones and processes, but it is important to acknowledge that timeframes may diverge based on consultation and accommodation requirements.
When Crown conduct is proposed, federal departments and agencies, led by NPMO, must assemble information to assess whether the Crown has a duty to consult, determine the scope of that duty, and design a consultation and accommodation process. The Crown will use and rely on, where appropriate, existing consultation and accommodation mechanisms such as the environmental review and regulatory permitting processes, to support decision-making and will assess, as necessary, if additional consultation and accommodation activities are required. The Crown will also take into account, to the extent possible, any additional engagement efforts of the Proponent or other party to meet the duty to consult.
When accommodation is appropriate, the Crown, coordinated by NPMO, will monitor and determine whether identified measures have reasonably addressed concerns regarding potential adverse impacts on potential or established Aboriginal and Treaty rights.
Aboriginal groups consulted may change over time based on information received during the course of the assessment and information received from Aboriginal groups, as may the level of consultation and accommodation activities undertaken by the Crown.
3.0 Roles and Responsibilities of Parties
Participating federal departments and agencies hereto agree to work together to ensure a coordinated, whole-of-government approach to Crown consultation and accommodation activities in relation to the environmental review and regulatory permitting process.
The NPMO will act as CCC in relation to the environmental review and regulatory permitting, and will:
- Lead, with input from other federal departments and agencies, the development and implementation of a Crown consultation plan that is consistent with the Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011).
- Provide a one-window, single point of contact for Aboriginal groups on behalf of the Crown.
- Coordinate, and provide logistical support, as necessary, to federal departments and agencies when they consult with potentially impacted Aboriginal groups (i.e. ensure all departments/agencies are aware when a consultation meeting is planned; help organize venues, etc.).
- Monitor Crown consultation and accommodation activities and processes to ensure they meet the objectives of the agreed-upon consultation work plan.
- Compile, house and maintain the official record of Crown consultation and accommodation for the Project, including the issues tracking table and records of activities undertaken by each department and agency.
- Lead, with input from other federal departments, the development of the Adequacy of Crown Consultation Assessment (CCA) report which includes compiling the responsible ministers’ and regulatory authorities’ substantive input on the adequacy of their consultation obligations. The CCA must be complete prior to the FM and RMs making a final decision on the NIRB’s Report.Footnote 3
- Following completion of the CCA, lead, with input from departments and agencies, the drafting of a Government of Canada response to potentially impacted Aboriginal groups outlining how any outstanding issues will be addressed (if necessary).
- Assist in the coordination of outstanding consultation and accommodation activities during the regulatory process if more than one federal department or agency is involved.
- Document lessons learned.
Responsible Ministers and Regulatory AuthoritiesFootnote 4 will:
- Contribute to the development and implementation of a Crown consultation plan for the Project.
- Participate in Crown consultation and accommodation activities, as appropriate, throughout the entire federal review (including in relation to the environmental review and regulatory permitting) in areas relevant/appropriate to their mandates and areas of statutory and policy responsibility.
- Inform NPMO and provide summaries of any interactions with Aboriginal groups (outside of the public review and regulatory permitting process).
- Work together to encourage Aboriginal groups to make their concerns known about the Project’s potential impacts on their potential or established Aboriginal or Treaty rights during the environmental review and regulatory permitting.
- Contribute to the Crown consultation and accommodation record, including the tracking table to aid in follow-up efforts by including information that is not available on public domain or the NIRB ftp site.
- Contribute for compilation by NPMO into a single CCA report, their substantive assessment of the adequacy of their consultation and accommodation obligations. The CCA must be complete prior to the Responsible Ministers making a final decision on the NIRB’s Report.
- Following completion of the CCA, with NPMO as the lead, support the drafting of a response to the potentially impacted Aboriginal groups on how any outstanding issues will be addressed (if necessary).
- Address any additional concerns that are raised by Aboriginal groups during the regulatory process (if necessary).
- Ensure that adequate Crown consultation and accommodation has been conducted prior to making a regulatory decision(s).
Annex III - Key Federal Milestones and Service Standards in relation to the Environmental Review
|MILESTONE||ACTIVITIES/DESCRIPTION||LEAD||SUPPORT OR OTHER AGENCIES||FEDERAL SERVICE STANDARD|
|*Represents a milestone for another party and not a responsibility of the federal government.|
|Information Requests||NIRB issues information requests*||NIRB||Complete|
|Submission of information requests to NPMO for compilation into a single, Government of Canada response||Federal Departments & Agencies||NPMO||Three business days prior to NIRB’s deadline|
|Submission of information requests to the NIRB||NPMO||Federal Departments & Agencies||Meet NIRB’s deadline|
|Proponent response to information requests*||Proponent||N/A|
|Technical Reports||Submission of technical report to NPMO for compilation into a single, Government of Canada response||Federal Departments & Agencies||NPMO||Three business days prior to NIRB’s deadline|
|Submission of technical reports to the NIRB||NPMO||Federal Departments & Agencies||Meet NIRB’s deadline|
|Public Hearings||Participation at preliminary hearing conference*||Federal Departments & Agencies||NPMO/DOJ||Date set by the NIRB|
|Federal hearing preparation and mock hearing||NPMO||Federal Departments & Agencies||Two weeks prior to public hearing date|
|Participation at the public hearings||Federal Departments & Agencies||NPMO||Hearing date set by the NIRB|
|Submission of undertakings (if necessary)||Federal Departments & Agencies (if necessary)||NPMO (if necessary)||Meet NIRB’s deadline for submission (if necessary)|
|Final Report and Minister’s Response||NIRB submits their Report of environmental review to the Federal Minister*||NIRB||N/A|
|Federal Ministers’ decision regarding the Board’s Report of the environmental review||AANDC||Responsible Ministers and NPMO||90-150 days from issuance of NIRB’s Report (except for possible Crown consultation)|
Annex IV - Canadian Nuclear Safety Commission Roles, Responsibilities, Key Milestones and Service Standards
- Participate in NIRB process as identified in Annex I;
- Provide expert advice regarding its mandate, regulatory responsibilities and areas of interest, as required;
- Consult with affected or potentially affected Aboriginal groups, as described in Annex II;
- Work with FA, expert RMs, the Proponent and the Nunavut Territory Government to ensure implementation of mitigation measures and the design and implementation of a follow-up program and, where appropriate, accommodation of adverse impacts on potential or established Constitution Act s. 35 rights, as required.
- Prepare regulatory work plan;
- Participate in meetings with other federal/territorial authorities as appropriate;
- Participate in public comment periods, public notice and possible public consultations, as appropriate;
- Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and,
- Conduct site visits to support regulatory decisions, as required.
The following milestones represent the key activities associated with the regulatory process for the project and are not intended to reflect the entire workplan schedule associated with this project. The regulatory process and timing will be determined by the CNSC Commission within the context of the CNSC’s 24 month regulated timelines for new mine project decisions. Furthermore, these milestones may need to be adjusted as additional information is made available.
|1||Submission of technical information to support application for Licence to Prepare Site and Construct||Submission of technical information to support application for Licence to Prepare Site and Construct||Proponent||To be determined by the Proponent|
|2||Technical Review of Application for Licence to Prepare Site and Construct||The intent of the technical review is to determine whether the applicant is qualified to carry out the requested activities and whether the applicant will, in carrying out those activities, make adequate provision for the protection of the health and safety of persons and the environment, and maintenance of national security and measures required to implement international obligations to which Canada has agreed.||CNSC||To be completed within 17 months of receipt of a deemed complete licence application with technical information to support the application for the licence.|
|3||Issue a Notice of Public Hearing||Should the EA decisions be that the Project is not likely to cause significant adverse environmental effects, the panel of the Commission will conduct hearings on the application for amendment, in accordance with the NSCA and its Rules of Procedure - the first step is to issue a Notice of Public Hearing.||CNSC||Within 30 days after the completion of the technical review, and EA course of action decisions.|
|4||Conduct Hearing – Part 1||During Part 1 of a two-part public hearing, the applicant and CNSC staff present written and oral submissions to the Commission and respond to questions from the Commission.||CNSC||Minimum 60 days after the Notice of Public Hearing is released.|
|5||Conduct Hearing – Part 2||During Part 2 of a two-part public hearing, registered intervenors have an opportunity to make their views known to the Commission and to respond to any related questions from the Commission Members. The applicant and CNSC staff must also attend Part 2 of the hearing and be prepared to respond to further questioning by the Commission.||CNSC||Minimum 60 days after the conclusion of the Part I Hearing.|
|6||Publish decision and reasons for decision||The CNSC Commission publishes its final decision, complete with rationale.||CNSC||60 days from conclusion of the hearing.|
|7||Submission of application for Licence to Operate under the NSCA||Submission of technical information to support the application for a Licence to Operate||Proponent||Determined by the Proponent.|
|8||Consider application for Licence to Operate||The Commission conducts hearings on the application for a Licence to Operate, in accordance with the NSCA and its Rules of Procedure||CNSC||Triggered by the submission of an application|
|9||Submission of an application for a Licence to Decommission Under the NSCA||Submission of technical information to support the application for a Licence to Decommission.||Proponent||Determined by the Proponent.|
|10||Consider the application for a Licence to Decommission||The Commission conducts hearings on the application for a Licence to Decommission, in accordance with the NSCA and its Rules of Procedure.||CNSC||Triggered by the submission of an application.|
|11||Submission of an application for a Licence to Abandon under the NSCA||Submission of technical information to support application for a Licence to Abandon.||Proponent||Determined by the Proponent.|
|12||Consider the application for a Licence to Abandon||The Commission conducts hearings on the application for a Licence to Abandon, in accordance with the NSCA and its Rules of Procedure.||CNSC||Triggered by the submission of an application.|
Annex V - Roles, Responsibilities and Milestones for Authorizing Agencies in relation to Regulatory Permitting
Note: The following milestones represent the key activities associated with the regulatory permitting for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available.
DEPARTMENT OF FISHERIES AND OCEANS
The following milestones occur after DFO has determined that an authorization under subsection 35(2) and/or section 32Footnote 5 of the Fisheries Act is likely required. DFO will then request that the Proponent submit an application for authorization as part of the regulatory review process (Step 1).
The Proponent will be required to provide appropriately detailed information associated with potential impacts on fish and fish habitat during the environmental review to support the NIRB’s determination of the significance of adverse impacts of the project on the environment or to be a cause of significant public concern. DFO will clearly identify these information requirements throughout the environmental review including in recommendations made to the NIRB on the Environmental Impact Statement (EIS) guidelines or terms of reference. DFO will only consider issuing an authorization under the Fisheries Act if the environmental review deems the project to be acceptable and if the impacts can be compensated, to the extent possible, by a fish habitat compensation plan.
|1||Liaise with the Proponent regarding requirements under the Fisheries Act||Liaise with the Proponent regarding proposed activities that could require an authorization under the Fisheries Act||DFO||Ongoing|
|2||Receipt of an application for a subsection 35(2) and/or section 32 Fisheries Act authorization(s)||DFO receives an application from the Proponent for the authorization of impacts to fish habitat under subsection 35(2) and/or the destruction of fish under section 32 of the Fisheries Act.
The application must be complete and should be supported by adequate plans, maps, reports and data.
The application should also be supported by proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a subsection 35(2) authorization (if deemed appropriate).
This information will be used to support the Fisheries Act review and the environment review under the Nunavut Land Claims Agreement (NLCA).
|Proponent||Dependent upon timing of the submission of the application for a subsection 35(2) and/or section 32 Fisheries Act authorization(s) by the proponent but, at the latest, it must be submitted during or prior to the completion of the environmental review.
Preferably a Proponent would submit an application for a subsection 35(2) and/or section 32 Fisheries Act authorization(s) during the preliminary screening stage, along with other regulatory applications such as the water license or land use permit.
|3||Review and response regarding impacts to fish and fish habitat, and adequacy of information||DFO reviews the application package, along with the DEIS/FEIS, for adequacy and details related to proposed mitigation and draft FHCP. DFO will provide its comments to the Proponent and NIRB through Information Requests on the environmental review.
If the FHCP is provided separately from the environmental review, DFO will ensure that the FHCP is provided to Transport Canada and Aboriginal Affairs and Northern Development Canada for review of potential impacts to areas in their jurisdiction (14-day comment period) and to NIRB for their information.
Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review.
|DFO||As per Annex II: Crown Consultation and accommodation: approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards for the environmental review.|
|4||Receipt of additional information related to Fish, Fish Habitat and the FHCP.||DFO receives additional information from the proponent, likely through responses to Information Requests.||Proponent||Dependent upon timing of the submission of the additional information by the proponent.|
|5||Review, respond and request for additional information, if required||DFO reviews the responses to information requests including any additional information related to fish, fish habitat and the FHCP.
DFO may request further information in order to proceed with the review of the application. The draft FHCP must be provided as it will form part of the mitigation plan for the environmental assessment.
|DFO||As per Annex II: Crown consultation and accommodation: Approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards in relation to the environmental review.|
|6||Determination of adequacy of information for Environmental Review and Fisheries Act authorization requirements||DFO informs proponent and NIRB that the information is sufficient to support the determination relative to the significance of environmental effects for the environmental assessment . DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation and accommodation activities relative to fish and fish habitat issues.
If insufficient information is provided by the Proponent to support a conclusion on significance of adverse effects on fish and fish habitat, DFO will request this information/clarification from the Proponent and the NIRB. Sufficient information is required before a decision for the environment assessment can be made.
|DFO||As per Annex II: Crown consultation and accommodation: Approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards in relation to the environmental review –
(Determination will form part of DFO’s final technical submission to the NIRB)
|7||Crown Consultation||Coordinated by NPMO with other federal departments, DFO will follow the Crown consultation work plan (as outlined in Annex II) throughout the review and regulatory process, and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister.||DFO||As per Crown Consultation work plan.|
|8||Federal Minister and Responsible Ministers’ Decisions||Ministers reach a decision under the NLCA that will determine whether to allow the project to proceed.
If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.
|Federal Minister & Responsible Ministers||As per Annex II: Crown consultation and accommodation: Approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards in relation to the environmental review|
|9||Receipt of detailed information for Fisheries Act authorization||DFO receives detailed information necessary for the subsection 35(2) Fisheries Act authorization including a detailed FHCP, financial security (if required) and final design plans.
Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period.
|Proponent||Dependent on timing of the submission by the proponent|
|10||Review and respond regarding detailed information for Fisheries Act authorization||DFO notifies the proponent and, where necessary, the Land and Water Board that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made.
Sufficient information is required before the next step can be undertaken.
|DFO||Within 30 days of receipt of the information by DFO
If multiple information requests are required, DFO will respond within 15 days of the proponent responding to the previous request.
|11||Issuance of section 32 and/or subsection 35(2) Fisheries Act authorization||If appropriate, DFO issues a Fisheries Act authorizationFootnote 6 to the Proponent for impacts to fish and fish habitat.||DFO||DFO issues the authorization within 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation and accommodation responsibilities with respect to the Fisheries Act authorization is respected.
Issuance of the authorization(s) may also consider the Proponent’s timing needs. Should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate.
NATURAL RESOURCES CANADA
|1||Liaise with the Proponent regarding requirements for an Explosives Act Licence||Liaise with the Proponent regarding proposed activities that could require a Licence.||NRCan||Ongoing|
|2||Crown Consultation and accommodation||Coordinated by NPMO with other federal departments, NRCan will follow the Crown consultation work plan (as outlined in Annex II), throughout the environmental review and regulatory process and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister.||NRCan||As per Crown Consultation work plan|
|3||Federal Minister and Responsible Ministers’ Decisions on NIRB’s Report||Responsible Minister(s) reach a decision that will determine whether to allow the project to proceed.
If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.
|Federal Minister and Responsible Ministers||During the NIRB process as described in Annex I.
As per Annex II: Crown Consultation and Accommodation: associated roles and responsibilities and Annex III: key federal milestones and service standards for the environmental review.
|4||Submission of an application for an Explosives Act Licence||The Supplier compiles information and submits an application to NRCan for a Licence under the Explosives Act paragraph 7(1)(a) for an explosives factory and/or magazine.||Explosives Supplier selected by the Proponent||Determined by the Proponent and its Explosives Supplier.|
|5||Review of the application||NRCan reviews the Explosives Supplier’s application to ensure that all of the required information is included.||NRCan||If the application is complete, require 30 days to review and process the application and issue the Explosives Act Licence.|
|6||If required, request for clarification or additional information||If there are aspects of the application that are unclear or additional information is required, NRCan will request clarification or additional information from the Explosives Supplier.||NRCan||Within 15 days of receipt of the application.|
|7||If required, resubmission of a complete application for an Explosives Act Licence||If required, explosives supplier resubmits a completed application for an Explosives Act Licence.||Supplier||Dependent on the explosives supplier.|
|8||If required, review Supplier’s revised application||If required, NRCan continues its review of the application, which includes clarifications or additional information requested.||NRCan||Within 30 days from receipt of revised application.|
|9||Make regulatory decision (Issuance of an Explosives Act Licence)||NRCan makes decision to issue a licence under the Explosives Act for an explosives factory(ies) and/or magazine(s).||NRCan||Within 30 days from the receipt of all necessary information to form a complete application (as per User Fees Act performance standard commitments).|
TC requires that all of the information described in the Navigable Waters Protection Act (NWPA) application form for a review under the NWPA be submitted during the environmental review to confirm whether there is a NWPA trigger. TC may also require information and permits under the Canada Shipping Act, 2001 (CSA, 2001). In order to meet the regulatory timelines set out in this Agreement for a review under the NWPA, the information described in the NWPA application form must be submitted to TC at the latest, concurrent with the submission of the FEIS, and the Navigation Impact Assessment (NIA) has to be completed as a component of the review.
|*Certain activities may coincide with the time periods for which Parliament is not in session. Should this be the case, the overall timeline for obtaining an exemption under section 23 of the NWPA may have to be extended to adequately address this.|
|1||Liaise with the Proponent regarding potential works in regards to impacts on navigability||Inform proponent that any works within a navigable waterway may require an approval under the NWPA.||TC||Ongoing|
|2||Submission of NWPA application(s), including information required to process applications under the NWPA, for each proposed work||Provide TC with a completed application for each proposed work, no later than the time of submission of the FEIS.||Proponent||The application should be submitted during the review process, ideally no later than the submission of the FEIS.|
|3||Determination and comment on NWPA application(s)||Review application package and information/plans for adequacy to support NWPA review.
Request further information if required to proceed with application.
Make information request to proponent within the NIRB process if the information is insufficient for assessment purposes
|TC||8 weeks after application submission.|
|4||Review Fisheries Habitat Compensation Plan for potential impacts to navigation||Review of Fisheries Habitat Compensation Plan for potential impacts to navigation and provide comments to DFO||TC/DFO||Within 2 weeks of receiving the draft FHCP.|
|5||Navigation Impact Assessment (NIA) process - on-site inspection(s)||Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year.||TC||Within one complete navigation season following submission.
Note: site inspections can only be conducted during open water season.
|6||Notice to the Proponent to advertise pursuant to the NWPA s. 9, if required||Provide the Proponent with advertisement package pursuant to NWPA s. 9.||TC||Within 3 weeks of completed initial on-site inspection and following the assessment of navigational issues arising from any changes to the Project due to the environmental review.
Should be 3 months prior to the proposed construction date as determined by the proponent and based on substantial or non substantial interference.
|7||Deposit and advertise, if required||Deposit "Final Plans" and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and/or the Canada Gazette as directed by TC.
Provide proof of deposit and advertising to TC.
|Proponent||Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in s.9(3) or 9(4) of the NWPA.|
|8||Crown consultation and accommodation||Coordinated by NPMO with other federal departments, TC will follow the Crown Consultation work plan (as outlined in Annex II), throughout the environmental review and regulatory process and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister.||TC||As per the Crown Consultation work plan.|
|9||Address public comments and issues raised by Aboriginal groups regarding the Project’s potential impact on navigation||Through the NIRB process and the additional NWPA proponent advertising requirements, should TC receive concerns from the public or Aboriginal groups regarding navigation, the Proponent and TC will work together to resolve concerns.
Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works.
TC will facilitate public comment process if required.
|Proponent and TC||To be completed within two months of completion of advertisement process.|
|10||Resubmission of NWPA application(s), if required||Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required.||Proponent||Determined by the Proponent, if required.|
|11||Federal Minister and Responsible Ministers’ Decisions on NIRB’s Report||Responsible minister(s) reach a decision under the NCLA that will determine whether to allow the project to proceed
If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.
|Federal Minister & Responsible Ministers||As per Annex II: Crown consultation approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards for the environmental review|
|12||Final application review process||Consistent with the Minister’s decision above, perform a final review of all information on file, including technical information and public comments.||TC||4 weeks or potentially longer if an OIC is required.|
|13||Make regulatory decision||Make regulatory decision under NWPA.||TC||Within 90 calendar days after the Minister’s Decision if the NWPA application(s) submitted no later than the time of submission of the FEIS. The regulatory decision will be contingent on
|14||Decision to proceed with recommendation for an OIC (applicable to NWPA s. 23)||TC develops triage and RIAS requirements||TC||Upon the Ministers’ Decision on the NIRB’s report|
|15||Proceed with OIC exemption under s.23 NWPA*||Completion of Treasury Board (TB) Submission documents for pre-publication in Canada Gazette, Part I (i.e. Triage and RIAS)||TC||Within three months of the Ministers’ Decision on the NIRB report|
|Approval by TC senior management and document submission to TC Minister and Privy Council Office (PCO) prior to TB meeting||TC||Within 1.5 months following the completion of draft TB Submission documents|
|Pre-publication in Canada Gazette, Part I and 30-day comment period||TC||Within 2 months following the submission of draft documents to PCO|
|Revision of TB Submission documents for final approval and for publication in Canada Gazette, Part II (i.e. RIAS)||TC||Within 1.5 months following Canada Gazette, Part I comment period|
|Approval by TC senior management and document submission to TC Minister and PCO prior to TB meeting||TC||Within 1.5 months following the completion of revised TB Submission documents|
|Final TB approval of Order and subsequent publication of Proclamation (by Industry Canada) in Canada Gazette, Part II.||TC||Within 2 months following the submission of documents to PCO|
ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT CANADA (AANDC)
AANDC has regulatory and statutory responsibilities under the Nunavut Waters and Nunavut Surface Rights Tribunal Act and its regulations, and the Territorial Lands Act and is Regulations and acts as a Responsible Minister (RM) AANDC will be responsible for ministerial approval of the Type-A Water License. Water Licenses are issued by NWB, while Land Use Permits are issued by AANDC and other respective land owners (if it is not on Crown lands). Furthermore, AANDC is responsible for administering mineral tenure, surface leases and quarry permits that are on Crown lands. Mineral tenure is administered by the Mining Recorder’s office, surface leases are administered by the Land Administration Office. The following are major milestones that are to be accomplished with the appropriate leads and service standards that would apply.
|1||Crown consultation and accommodation||Coordinated by NPMO with other federal departments, AANDC will follow the Crown consultation work plan (as outlined in Annex II) throughout the environmental review and regulatory permitting process, and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister.||AANDC||As per Crown Consultation work plan.|
|2||Federal Minister and Responsible Ministers’ Decisions on the NIRB’s Report to the Minister||Responsible Minister(s) reach a decision that will determine whether to allow the project to proceed.
If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply including the issuance of a Project Certificate by NIRB
|Federal Minister & Responsible Ministers||As per Annex II: Crown consultation and accommodation: Approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards in relation to the environmental review|
|3||Receipt and review of applications for a Type -A Water Licence and Class A Land Use Permit.||AANDC is notified of the application for a type A water license by the NWB. AANDC provides comments and feedback on the water licence application through the NWB water licensing process. The Class A land use permit application is forwarded to the NIRB by AANDC Land Administration and NIRB then begins the screening process.||NWB AANDC||AANDC will participate in the NWB process as outlined in Annex I, meeting the deadlines set by the NWB.|
|4||Final WL and LUP decision from AANDC Minister and Issuance of WL and LUP (on Crown lands only)||NWB submits the final Water Licence to the Minister of AANDC for approval. Review of security amounts in the water licence is conducted by AANDC. The NWB issue the water licence with appropriate securities and AANDC issues land use permit (Crown lands)||NWB AANDC||The Minister of AANDC will make a decision within 45 days on whether to approve the issuance of the water licence. The Minister can notify the Board and extend this timeline by another 45 days.
The processing time for a Class A Land use permit is 42 days. This timeline commences once the NIRB begins their screening of the project proposal. For part 5 review, the review has to be completed before the issuance of a permit.
|5||Surface leases – Land application submitted to AANDC by proponent.||AANDC checks for completeness of the application and appropriate fees. Notifies proponent if application is incomplete.||AANDC||Interim Measures Agreement require a 45-day review period and depending on comments received from the Land Advisory Committee (LAC), the issuance of a lease is dependent on the approval of the project as a whole by all regulatory bodies.|
|6||Surface Leases – Review Process by Land Advisory Committee||AANDC submits the completed application to the Land Advisory Committee (includes other government departments, Aboriginal governments and groups) to review application and provide comments||AANDC||Must be sent to LAC for review within 5 days from date of acceptance.
This is followed by a 45-day waiting period for comments. Any additional requests from LAC for information will be sent back to the proponent for answers.
|7||Surface Leases – Approval of the land application and issuance of the surface lease to proponent||AANDC issues the surface lease after the review process is completed and the Project is approved. The lease is signed by the appropriate Director AANDC Regional Office on behalf of the Minister.||AANDC||Once the consultation period outlined in step 6 is complete AANDC will review the information received and respond to any concerns that may have been brought forward during the process. The total application process and review could take approximately 2-3 months to finalize.|
|8||Quarry Permit- Permit application is submitted to AANDC||Proponents must submit a quarry permit application to AANDC if quarrying is listed as an activity under a land use operation.||AANDC||A 45-day review of quarry applications is required.
If a surface lease for Quarry/Rock Pile is issued by AANDC (Land Administration), then quarrying permits are not required
|9||Quarry Permit – Review process of the permit is conducted||Once a Quarry Permit is issued, it shall expire when the quantity of material or substance has been quarried or removed, or on the expiry of one year from the date of issue of the permit, whichever is the earlier.||AANDC||Prior to start-up of quarrying operations, proponent provides 48 hours prior notification to Inspector. During life of permit, inspections are conducted to ensure compliance. Within 60 days of expiry of permit, proponent is required to provide a completed final quarry pit return for verification by Inspector. Closure is granted upon inspection of the site.|
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