Transport Canada Submission to the Nunavut Impact Review Board Respecting the Meadowbank Gold Project March 2006

Content of Presentation Overview of Transport Canada’s mandate Environmental Affairs roles and responsibilities Aviation Safety -mandate and regulatory overview Surface Group -mandate and regulatory overview Marine Safety -mandate and regulatory overview -Navigable Waters Protection Program (NWPP)

Overview of Transport Canada’s Mandate TC’s Mission: To serve the public interest through the promotion of a safe and secure, efficient and environmentally responsible transportation system in Canada. TC: Regulates transportation infrastructure within its mandate. Administers federal transportation legislation e.g. Aeronautics Act, Canada Shipping Act, Navigable Waters Protection Act, Transportation of Dangerous Goods Act, 1992

Environmental Affairs – PNR Roles and responsibilities: Administers and coordinates TC’s Environmental Assessment Management Program for TC Divisions. Compliance with Canadian environmental legislation, including the Nunavut Land Claims Agreement, other territorial land claims and 3 prairie provinces. Liaises with NIRB, other Nunavut government agencies and federal departments on EA decision and approval matters. Membership on Nunavut Intergovernmental Environmental Assessment Committee and Nunavut Working Group.

Aviation Safety - Mandate Aviation Safety consists of 12 branches Aerodrome Safety Branch inspects and certifies aerodromes. Regulatory Services Branch of Civil Aviation oversees compliance with the Canadian Aviation Regulations under the Aeronautics Act

Aviation Safety – Regulatory Overview Aeronautics Act – legislation respecting development, regulation and supervision of aeronautics Regulations under Aeronautics Act include: -Canadian Aviation Regulations -Canadian Aviation Security Regulations -Ministerial Regulations Authorization Order

Surface Group - Mandate TC develops regulations and national standards for safety and security in rail and road modes. Regulation of road transportation has been delegated to the provinces and territories. Rail Safety Directorate develops, implements and promotes safety policy, regulations, standards and research and monitors/enforces compliance. Transportation of Dangerous Goods Directorate is the primary source of regulatory development, information and guidance on dangerous goods transport.

Surface Group – Regulatory Overview Motor Vehicles Safety Act and Regulations – manufacture and importation of motor vehicles and motor vehicle equipment. Railway Safety Act and Regulations – safety of public and personnel, protection of property and environment, in operation of railways. Transportation of Dangerous Goods Act, 1992 and Regulations – public safety in the transportation of dangerous goods.

Promote the safe and secure use of Canada’s waters. Develop and administer legislation promoting marine safety and the protection of the marine environment. Marine Mode - Mandate

Approval of Ship and Shore Facility Oil Pollution Emergency Plans. Periodic inspection and certification of ships. Monitor the safe transport of dangerous goods. Marine Mode - Responsibilities

Marine Mode – Legislative Overview Canada Shipping Act Arctic Waters Pollution Prevention Act Coasting Trade Act Marine Transportation and Security Act Marine Liability Act Navigable Waters Protection Act

Marine Safety concerns related to the Meadowbank Gold Project: Marine Transportation Protection of the Marine Environment Construction of Works on Navigable Waters

Navigable Waters Protection Act - NWPA Under section 5(1)(a) of the Act: “no work shall be built or placed in, on, over, under, through or across any navigable water unless the work and the site and plans thereof have been approved by the Minister, on such terms and conditions as the Minister deems fit, prior to commencement of construction”. Section 5(2) states that “except in the case of a bridge, boom, dam or causeway, this section does not apply to any work that, in the opinion of the Minister, does not interfere substantially with navigation.

Meadowbank Gold Project a “work” includes: -any bridge, boom, dam, wharf, dock, or pier -any dumping of fill -anything that may interfere with navigation

Meadowbank Gold Project Based upon the current information received from Cumberland Resources, the Navigable Waters Protection Program (NWPP) is reviewing the Meadowbank Gold Mine Project site application under Section 5(1) of the NWPA. Cumberland Resources provided the NWPP with information on 19 waterway crossings along the proposed all-weather road. The NWPP has determined that all of these waterway crossings are non-navigable.

NWPP - Meadowbank Gold Project The NWPP mitigation measures and conditions provided below may apply to this project. This list is not exhaustive and further NWPP measures may be required.

Meadowbank Gold Project Mitigation Measures and Conditions ¹ The NWPP has provided mitigation measures and conditions that apply to works constructed and operated in navigable waters, in order to protect the public right of navigation. No person shall permit any tools, equipment, vehicles, temporary structures or parts thereof used or maintained for the purpose of building or placing a work in a navigable water to remain in such water after the completion of the project.

Meadowbank Gold Project Mitigation Measures and Conditions ² Where a work or a portion of a work that is being constructed or maintained in a navigable water causes debris or other material to accumulate on the bed or on the surface of such water, the owner of that work or portion of that work shall cause the debris or other material to be removed to the satisfaction of the Minister. Warning signs must be placed upstream and downstream of the site until completion of the project.

Meadowbank Gold Project Mitigation Measures and Conditions ³ No temporary cables, ropes, scaffolding, silt curtains, or other structure may completely span the waterway nor prevent small boat traffic unless reviewed and accepted prior to commencing any in-stream works. Silt curtains or dewatering berms, installed during the navigation season are to be marked with yellow buoys and/or yellow lights.

Any in-water fish habitat compensation or other mitigation measures proposed must be reviewed and Approved under the NWPA before installation. NWPP representatives must be allowed unimpeded access to the site for inspection and/or monitoring purposes. Transport Canada is confident that any additional mitigation measures and or conditions required by the NWPP can be captured in the regulatory approval process. Meadowbank Gold Project Mitigation Measures and Conditions 4

Closing Remarks TC is committed to working with the NIRB, other federal and Nunavut government agencies and Cumberland Resources in the environmental review of the Meadowbank Gold Project. TC does not have any concerns with the Meadowbank Gold Project proceeding to the regulatory approval stage, taking into account that Cumberland Resources is committed to meeting their obligations and requirements as they have indicated.

Presenters Jim Morrell Environmental Officer Environmental Affairs, Programs John Cowan Environmental Officer Environmental Affairs, Programs Craig D. Miller Marine Safety Inspector

Thank You