1. Newmont Mining Corporation Mineral Development Advisory Group Meeting Fisheries and Oceans Canada October 26 th to 28 th, 2010 Cambridge Bay, Nunavut

2. Outline Mandate Legislation Policies and Guidelines EA and Regulatory Information Links

3. DFO - Mandate DFO is responsible for developing and implementing policies and programs in support of Canada’s scientific, ecological, social and economic interests in oceans and fresh waters.

4. Legislation Fisheries Act –management, protection and conservation of fish and their habitats –habitat protection provisions Sections 20 - 35 –pollution prevention provisions Sections 36 – 37 – Metal Mining Effluent Regulations Oceans Act –leading oceans management and providing coast guard and hydrographic services Species at Risk Act –Minister is one of competent ministers under SARA, responsible for aquatic species at risk

5. Fisheries Act Used to manage and protect Canada's fisheries resources Applies to all fishing zones, territorial seas and inland waters Binding on federal, provincial, and territorial governments

6. Fisheries Act Habitat Protection Provisions Section 20 - Safe Fish Passage Section 22 - Sufficient Water Flow Section 30 - Fish Guards and Screens Section 32 - Destruction of Fish Section 35 - Destruction of Fish Habitat

7. What is a HADD under S.35? HADD = Harmful Alteration Disruption or Destruction of fish habitat “any change in the physical, biological or chemical attributes of habitat that adversely affect their ability to provide the basic life requisites of food reproduction and cover to fish” Fish Habitat = “spawning grounds and nursery, rearing, food supply, migration and other areas on which fish depend directly or indirectly in order to carry out their life processes”

8. Fisheries Act Authorization Always attempt to eliminate HADD by relocation, re-design or implementation of mitigation. Fisheries Act authorization is issued only if HADD is acceptable Authorization contingent upon acceptable no net loss plan to provide fish habitat compensation for HADD

9. Pollution Prevention Provision Section 36(3) of the Fisheries Act: –Prohibits the deposit of a deleterious substance. –Deleterious substance includes sediment and chemical pollutants –Administered by Environment Canada

10. Policies and Guidelines Policy for the Management of Fish Habitat –policy objectives, goals and strategies for the management of fish habitats supporting Canada’s freshwater and marine fisheries. Risk Management Framework –science-based framework to categorize the risks to fish and fish habitat associated with development proposals and identify appropriate management options to reduce these risks. Operational Statements –outline measures and conditions for avoiding the harmful alteration, disruption or destruction (HADD) to fish habitat and thus be in compliance with subsection 35(1) of the Fisheries Act. Use of Explosives In or Near Canadian Fisheries Waters –methods and practices for the conservation and protection of fish, marine mammals, and fish habitat from impacts arising from the destructive forces of explosives. Freshwater Intake End of Pipe Screen Guidelines –to assist proponents in the design and installation of fish screens for the protection of fish where freshwater is extracted from fish-bearing waters.

11. Operational Statements Timing Windows Clear Span Bridge Bridge Maintenance Culvert Maintenance Ice Bridges and Snow Fills Mineral Exploration Activities Moorings Routine Maintenance Dredging Temporary Stream Crossing

12. DFO Sectors in EA/Regulatory process Habitat Management Program – Lead for Process Fisheries Management Conservation and Protection Oceans Science Canadian Coast Guard

13. Habitat Management Program Administers the Fish Habitat Protection Provisions of the Fisheries Act Administers provisions of the Species at Risk Act as they pertain to Aquatic Species Participates in Environmental Assessments and Regulatory Reviews by providing specialist/expert advice

14. DFO Interest in Proposal Works or undertaking in and around fish habitat –Bridges, culverts, diversions, dikes, airstrip, infills (camps) etc. Tailing impoundment areas (in fish frequented waters) Water intakes, water withdrawal Use of explosives in fish frequented waters Expansion of the port facilities Increased access to fisheries resource Mitigation and habitat compensation measures.

15. Information Available Online Proponent's Guide to Information Requirements for Review Under the Fisheries Act ( http://www.dfo-mpo.gc.ca/ http://www.dfo-mpo.gc.ca/ habitat/role/141/1415/14155/requirements-exigences/index-eng.asp) Policies and Legislation (http://www.dfo-mpo.gc.ca/http://www.dfo-mpo.gc.ca/ habitat/role/141/1415/index-eng.htm) Operational Statements (http://www.dfo-mpo.gc.ca/ regions/central/habitat/os-eo/prov-terr/nu/index_e.htm) Request for Review Form (http://www.dfo-mpo.gc.ca/http://www.dfo-mpo.gc.ca/ habitat/role/141/1415/14155/requirements-exigences/form-formulaire- eng.asp)

16. Thank You Nicola Johnson Environmental Assessment Analyst Phone: (867) 669-4933 Fax: (867) 669-4940 Nicola.Johnson@dfo-mpo.gc.ca 101-5204 50 Avenue Yellowknife, NT X1A 1E2

17. Questions?