1. Environment Canada Presentation to Nunavut Impact Review Board Regarding Baffinland Mary River Project NIRB Prehearing Conference Pond Inlet and Igloolik, Nunavut Mark Dahl Environmental Assessment Coordinator Prairie and Northern Region Environment Canada November, 2011

2. Page 2 Outline EC Mandate How EC Fulfills its Mandate EC Role in Nunavut EC Role in Review of the Mary River Project Summary of Unresolved Issues

3. Page 3 EC Mandate (http://www.ec.gc.ca/default.asp?lang=En&n=BD3CE17D-1) Department of the Environment Act  general responsibility for environmental management and protection; Preserve and enhance water, air and soil quality; Conserve Canada's renewable resources:  migratory birds, flora and fauna; Conserve and protect Canada's water resources; Provide meteorological information; Coordinate environmental policies and programs.

4. Page 4 How EC Fulfills its Mandate Relevant Acts and Regulations: Canadian Environmental Protection Act  air quality  spill contingency planning  waste management Fisheries Act Section 36(3)  water quality Migratory Birds Convention Act Species at Risk Act

5. Page 5 EC Role in Nunavut Environment Canada: Screens and reviews development proposals for environmental impacts falling within its mandate Provides recommendations and expert advice to the Nunavut Impact Review Board and Nunavut Water Board

6. Page 6 EC Role in Mary River Review To date, EC has provided recommendations and advice related to:  Air Quality  Water Quality  Migratory Birds  Species at Risk  Waste Management  Environmental Emergency and Spill Contingency Planning

7. Page 7 EC’s Main Concerns Potential Impacts from year-round shipping Further baseline data should be collected to ensure:  Wildlife Mitigation and Monitoring Plans are thorough and scientifically defensible,  Impact predictions can be confirmed  Potential impacts can be identified early and mitigated Comprehensive monitoring needed to address gaps in baseline knowledge, detect project-related impacts and inform adaptive management

8. Page 8 Resolved Issues Majority of issues raised in EC’s technical submission have been resolved Examples of resolved issues include…  Modelling (Ship emissions, climate change and ice regimes)  Migratory birds – data presentation, monitoring, avoidance of key areas  Freshwater discharge quality predictions  Marine Impacts – chronic discharges, ballast water, propeller wash Resolution…  Baffinland committed to provide requested information or adopt requested approaches

9. Page 9 Resolved Issues EC 4.2(b) Disturbance / Displacement of Birds at the Port Sites  Baffinland commited to conduct eider nest surveys in 2012 EC 4.6 Contamination from Chronic Ship Discharges, EC 4.7 Ballast Water Discharge Monitoring, EC 4.9 Propeller Wash Impacts  Committed to consider water and sediment quality as well as benthic and pelagic organisms in the Environmental Effects Monitoring framework.  Committed to selecting suitable monitoring targets and appropriate early warning indicators EC 4.8 Assessment of Wake Effects  Committed to include coastal foraging and nesting habitat where data exists EC 7.2 Need for Wildlife Protection in Spill Contingency planning  Committed to include outstanding items

10. Page 10 Potentially Resolved Issues Discussions between Baffinland, EC and other agencies have been initiated to address gaps in baseline data and to work on the design of monitoring programs Some outstanding issues may be resolved as discussions progress

11. Page 11 Outstanding Issues Shipping  Minimizing Ship Based Emissions While in Transit  Ship Wakes Discharges to Marine Environment  Discharge Quality Predictions Freshwater  Baseline & Reference Monitoring Study Design Emergency Response  Risk Assessment

12. Page 12 Shipping – Related to EC 3.1 Air Quality Recommendation…  Use low sulphur fuel in project ships while in Canadian waters Goal…  To minimize ship emissions and emission related impacts while in transit  To ensure project related shipping conforms to emission standards that apply in the south Baffinland Position…  Will obey applicable regulations Notes…  Shipping route is not in Emission Control Area (ECA).  Ships during transport are the largest sources air emissions for this project. Timeline: FEIS Proposed ECA Boundary

13. Page 13 Shipping EC 4.8 a(i) Wake Impacts Recommendation…  Model the expected vessel wake from ore carriers based on speed, distance from shore and water depth Goal…  To improve understanding of ship wakes in order to inform adaptive management decisions Baffinland Position…  Not addressed in Baffinland commitments. Timeline: FEIS

14. Page 14 Shipping – EC 4.8 (b) Wake Impacts Recommendation…  Adjust the shipping route and vessel speed to ensure wake height is less than natural mean wave height Goal…  To protect migratory bird nesting, foraging and staging habitat from ship wakes. Baffinland Position…  Not addressed in Proponent commitments. Timeline: FEIS

15. Page 15 Marine Discharge Predictions - EC 4.15 Recommendation…  Provide equation(s) and raw data used to predict concentrations of water quality parameters in wastewater effluent and runoff from ore stockpiles in Steensby Inlet. Goal…  Allow EC to verify quality predictions for effluent discharging into Steensby Inlet. Baffinland…  Not addressed in Baffinland commitments. Timeline: FEIS

16. Page 16 Freshwater Baseline & Reference – EC 5.1; Monitoring Study Design Recommendation…  Provide a framework for aquatic monitoring  Select and sample appropriate reference sites prior to construction.  Provide measures that will be employed to prevent project related work from impacting baseline or reference site sampling Goal…  Ensure adequate sampling has been completed prior to development,  To ensure project-related changes can be detected Baffinland Position…  Not addressed in Baffinland commitments. Timeline: FEIS

17. Page 17 Freshwater Baseline & Reference – EC 5.1; Monitoring Study Design Recommendation…  Increase coverage of baseline sampling along rail alignment prior to quarrying/construction and railway operation. Goal…  To ensure that project-related changes can be detected and mitigated Baffinland Position…  Not addressed in Baffinland commitments. Timeline: Prior to Construction

18. Page 18 Shipping – EC 7.2 Emergency Response Spill Risk Analysis…  Commitment # 89 - Provide a more detailed risk analysis and discussion related to shipping accidents Request…  Incorporate the knowledge gained from the recent National Energy Board Arctic spill response gap analysis.  Identify areas and times along each shipping route where the risk of accidents is higher.  Identify the best route and times for bulk fuel shipments Timeline: FEIS

19. Page 19 Recommendation “Taken under Advisement/Consideration” EC 6.15  Maintain a buffer of 100m between the high water mark and borrow sources or quarries

20. Page 20 THANK YOU