1. Impact Assessment in Nunavut: Adapting to the Environment
RemEAST 2015: Emerging Opportunities & Challenges in Remote Environments: Maritime Provinces to Canada’s North
Thank you very much to the conference organizers for inviting me to speak here on behalf of the Nunavut Impact Review Board. I moved to Nunavut from my home in Prince Edward Island almost 9 years ago, and it’s truly a pleasure to be back here in the Maritimes today, speaking about the work that brought me to the North and its relevance to Atlantic Canada.
I will attempt to focus my speaking time on what’s involved with conducting impact assessments for proposed development projects in Nunavut, what are the challenges and how are these challenges being met to ensure continued progress for the Territory.
Nunavut Impact Review Board, Halifax, NS – November 9-10, 2015

2. Nunavut 2 Nunavut became its own territory in 1999
Area > 2,000,000 km2
1/5 of Canada
Population ≈ 36,000
25 communities
Air access only
4 official languages:
Inuktitut
English
Inuinnaqtun
French
GDP ≈ $2.2 B (2012)
First I find it useful in almost any audience to set the stage with a few points to remind us that Nunavut is a unique jurisdiction within Canada’s landscape, and this has direct effects on our regulatory system.
We have 25 communities in Nunavut occupying approximately 1/5 of Canada, with no roads connecting communities and only air access connecting us to the rest of Canada throughout the year.
It’s a small, young population of predominately Inuit descent, and we have four official languages that we are required to operate in. 2
Fast Facts

3. 3 www.aadnc-aandc.gc.ca/eng/1100100031774
Canada has a number of settled and unsettled land claims agreements with its Aboriginal peoples. Nunavut is unique for being covered by one comprehensive land claims agreement negotiated for by the Inuit of the territory.
The Inuit of Nunavut asserted an aboriginal title to the Nunavut Settlement Area, based on their traditional and current use and occupation of the lands, waters and land-fast ice therein, in accordance with their own customs and usages;
The Inuit of Nunavut received defined rights and benefits in exchange for surrender of any claims, rights, title and interests based on their assertion of an aboriginal title; 3

4. Nunavut
The NLCA establishes an integrated resource management system for the Nunavut Settlement Area
Before proposed developments can get the licences, permits and approvals needed to operate, they are required to satisfy the regulatory framework established by the Nunavut Land Claims Agreement.
The Nunavut Land Claims Agreement has been in effect since 1996 and established an integrated resource management system for the whole of the Nunavut Settlement Area, over 2 million square kilometres of land and marine waters rich in both natural resources (such as minerals) and renewable resources (such as wildlife).
Importantly, the Nunavut Land Claims Agreement established a requirement for the formation of a public government for Nunavut and five independent institutions of public government with a role in land and resource management.
These institutions were structured in a co-management fashion with representation from the Designated Inuit Organization, the Government of Nunavut and the Government of Canada. 4
Legislative basis

5. Land & Resources Dispute Resolution Wildlife Management
Land Use Planning
Impact Assessment
Water Use
Licencing
The Nunavut Wildlife Management Board was established to be the main instrument of wildlife management and the main regulator of access to wildlife.
A Nunavut Planning Commission was established to develop planning policies, priorities and objectives regarding the conservation, development, management and use of land. The NPC is Nunavut’s land use planning authority, preparing and implementing land use plans which guide and direct resource use and development.
The Nunavut Impact Review Board was established to assess the ecosystemic and socio-economic effects of proposed development projects, gauging and defining the extent of regional impacts to guide government approval processes.
The Nunavut Water Board was established as a licensing authority with responsibilities for the regulation, use and management of freshwater. The Water Board issues and administers water licences for municipalities and projects throughout the Territory.
And finally the Nunavut Surface Rights Tribunal was established as an independent mechanism for the resolution of disputes arising from access to surface land in Nunavut, and claims for compensation arising from loss or damage to wildlife, carving stone and other specified substances from development.

6. Nunavut’s Regulatory System
Development proposals must satisfy the requirements of:
Land use planning
Environmental Impact Assessment
Water Licensing
Focusing on the regulatory system applicable to resource development projects, we have:
Land Use Planning: which asks if a type of project is an acceptable land use?
Environmental Impact Assessment: which asks what are the potential impacts of the project? Should the project be allowed to proceed, and if so under what terms or conditions?
Licensing and Permitting: which establishes the parameters for the land and water use and associated enforcement provisions. 6

7. NIRB’s Role
Screen project proposals to determine whether or not a review is required
Gauge and define the extent of regional impacts
Review ecosystemic and socio-economic impacts of project proposals
Determine whether project proposals should proceed, and if so, under what terms and conditions
Monitor projects that have been approved to proceed
Under this regulatory system the NIRB has been conducting environmental impact assessments since The Board is comprised of up to 9 board members and 24 staff positions at present, with our office located in Cambridge Bay, Nunavut.
The NIRB screens project proposals to determine whether or not a review is required, gauging and defining the extent of regional impacts by reviewing the ecosystemic and socio-economic impacts of project proposals.
The Board determines whether project proposals should proceed, and if so, under what terms and conditions, providing these recommendations to Government decision-makers. The NIRB also has a role in monitoring projects that have been screened or reviewed and approved to proceed.
The NIRB is somewhat unique for being mandated for Screening, Review and Monitoring functions, which are often carried out by separate boards in other jurisdictions, in addition to being the sole environmental assessment body for the entire territory of Nunavut.
Nunavut Settlement Area & Outer Land Fast Ice Zone
Transboundary Impacts 7

8. Nunavut’s Regulatory System
Nunavut Land Claims Agreement (Articles 10-13)
Nunavut Waters and Nunavut Surface Rights Tribunal Act
Nunavut Planning and Project Assessment Act
In addition to the Nunavut Land Claims Agreement, Nunavut’s regulatory system is further defined by two pieces of enabling legislation, the Nunavut Waters and Nunavut Surface Rights Tribunal Act which came into force in 2002, and the Nunavut Planning and Project Assessment Act which came into force earlier this year in July, making it one of the newest pieces of Canada’s environmental legislation.
These Acts clarify the roles and responsibilities of the NPC, NIRB, NWB and NSRT, requiring further coordination between respective processes to ensure an efficient, one-window approach for the consideration of development proposals.

9. NuPPAA 9 Nunavut Planning and Project Assessment Act
Project proposals submitted directly to NPC (“one-window approach”)
Public registry requirements
Language, privacy, access to information requirements
Timeline for NPC conformity review
Timelines for Ministerial Decisions
Enforcement provisions
Recognizing that the Nunavut Planning and Project Assessment Act or “NuPPAA” is the most recent change to Nunavut’s regulatory landscape, I thought I might touch on a few of the changes that are most directly relevant to the NIRB’s processes.
NuPPAA clarifies the existing process by making project proponents responsible for submitting their project proposals directly to the NPC for consideration, rather than having applications referred to the Commission by licensing and permitting agencies only when there is an approved land use plan in place. The Act also establishes new timelines, both for the NPC’s conformity review process and for the responsible Ministers when responding to recommendations and reports from the Commission and the Board.
The Act also comes with new public registry requirements for the Board and the Commission, and makes both organizations subject to the Official Languages Act, the Privacy Act and Access to Information Act. I’ll touch on the public registry requirements again a little later.
NuPPAA contains new enforcement provisions as well, with prohibitions for carrying out projects without receiving the appropriate approvals from the NPC or the NIRB, and for operating approved projects in contravention of the approval terms and conditions from either the NPC or the NIRB’s decisions. 9

10. ᐃᑲᔪᖅᑎᒌᓐᓂᖅ - Ikajuqtigiinniq
Coordination
Coordination between Nunavut IPGs and adjacent jurisdictions is made possible through the NLCA and associated legislation
Nunavut IPGs maintain regular contact and make efforts to meet as a group annually
NIRB, NPC, NWB and NWMB may also coordinate as a Nunavut Marine Council to provide advice and recommendations to government about issues affecting Nunavut’s marine areas
An integrated resource management system requires varying levels of coordination amongst the Nunavut Institutions of Public Government, which is ensured through specific legislative provisions and more practically through maintaining open lines of communication with one another. While each Board is kept extremely busy fulfilling their individual mandates, we do make efforts to communicate regularly and meet as a group at least annually to formally update one another and cost-share on training and other areas.
Given the importance of marine areas to the Inuit of Nunavut, the Nunavut Land Claims Agreement also included a provision allowing the NIRB, the Nunavut Planning Commission, Nunavut Water Board and Nunavut Wildlife Management Board to coordinate together as a “Nunavut Marine Council”. This further extends our individual mandates and allows for us to speak with one voice and provide advice and recommendations to Government regarding issues affecting Nunavut’s marine areas.
ᐃᑲᔪᖅᑎᒌᓐᓂᖅ - Ikajuqtigiinniq
“Working together for a common cause” 10

11. Coordination 11 Under the NuPPAA:
NPC will act as as the one window into the regulatory system
NIRB responsible for negotiating screening exemption agreements with Government for low-impact project types
NPC responsible for verifying whether project proposals are of a project type exempt from the requirement for screening
NPC can refer normally exempt proposals to NIRB for screening where there is a cumulative effects concern
Coordination is a key tenet of our system and our ability to meet challenges that come with operating in the arctic. The NIRB and the Nunavut Planning Commission have a long history of working well together which is a reflection of the level of coordination required by the NLCA and our very interconnected processes.
There is a clear threshold for what types of projects require impact assessment by the NIRB; there is also an ability for the NPC to refer typically exempt project types to the NIRB for impact assessment where a concern for potential cumulative effects exists. 11

12. Coordination
Coordination Agreement for Municipal Type A Water Licences
Detailed Coordinated Process Framework for major development projects
Initiate consideration of Type A Water Licence Application concurrently with NIRB Review of Environmental Impact Statement
Detailed plans submitted earlier by proponent, shorter overall EA/Licensing timeline
The NIRB and the Nunavut Water Board also have a long history of working well together. For example, the Boards have an agreement in place to allow for coordination in the assessment and consideration of Water Licences for larger municipalities requiring Type A water licences which must go through the NIRB’s Screening Process.
Several years ago the Boards also developed a “Detailed Coordinated Process Framework” guidance document which described a coordinated approach to the NIRB’s Environmental Assessment and the NWB’s Water Licencing processes. Essentially this level of coordination involves initiating consideration of the Water Licence Application for a project while the project is still undergoing Review by the NIRB. This is made possible by having detailed plans submitted earlier in the process by the proponent, leading to a shorter overall EA/Licensing timeline. This level of coordination is only undertaken at the request of a project proponent, but carries advantages for the Proponent, the Boards & Reviewers by coordinating commenting periods, reducing overlapping information requirements and encouraging more timely and efficient review of technical documentation. At this time we have several project proponents who have selected this coordinated approach for their development projects. 12

13. Transboundary Impacts
Coordination
The NIRB regularly coordinates with adjacent jurisdictions
The NIRB currently has agreements with:
Nunavut Water Board
Mackenzie Valley Environmental Impact Review Board
National Energy Board
Investigating potential agreements with new partners
The Nunavut Settlement Area sits adjacent to a number of other jurisdictions, including the Northwest Territories, Saskatchewan, Manitoba, Northern Quebec and Labrador. The NIRB communicates regularly with assessment authorities outside of Nunavut regarding projects with potential transboundary effects or public concern.
The NIRB presently has memorandums of understanding in place with several such groups and intends to pursue agreements with additional groups to allow for continued open communications and sharing of technical expertise moving forward. We recognize that many of our neighbours also experience capacity challenges and feel strongly that we can both learn from their approaches and also be an ambassador for our made-in-Nunavut approach.
Transboundary Impacts 13

14. Nunavut 14 Kitikmeot Region Kivalliq Region Baffin Region
Izok Corridor, Base Metals
Hackett River, Base Metals
Back River, Gold
Doris North, Gold
Hope Bay Phase 2, Gold
Kivalliq Region
Meadowbank, Gold
Kiggavik, Uranium
Meliadine, Gold
Baffin Region
Mary River, Iron Ore
Iqaluit Hydroelectric
Excluding the public sector, mining and mineral exploration is the biggest contributor to Nunavut’s economy. We currently have one gold mine and one iron ore mine in active operation, two additional gold mines approved to develop, and several more proposed mines proceeding through the regulatory system with the potential to have huge effects on the Territory. 14
Proposed Projects

15. Infrastructure Deficit
Major development projects in Nunavut may be hindered by a lack of basic infrastructure, such as ports, roads, airports, railways, power plants, etc.
High cost for developing project-specific infrastructure
Short construction/operation season
May be further restricted by wildlife migrations, sensitive periods
Winter roads, seasonal resupply, ice-breaking shipping
So what are the challenges to realizing these potential developments? For starters, each of the projects on the previous slide require massive investments into infrastructure to be realized, and with the current commodity markets it is more challenging than ever to obtain the capital necessary to advance these developments.
I expect that a number of potential developments in Atlantic Canada and other jurisdictions may be similarly hindered by a lack of available infrastructure. In Nunavut the challenge is exponentially greater, given the harsh physical environment, vast geography and limited existing capacity.
The annual construction season for Nunavut is also incredibly brief, and depending on location it may also be subject to periodic suspensions for wildlife migrations, break-up or freeze-up of ice, etc. 15

16. Environmental Conditions
Available baseline information is often very limited
Climate change is further affecting known conditions
Changing wildlife populations
Natural variability, encroaching development, changing climate
Changing community populations and demographics
Contemporary land use and wage economy
Increasing interest in the North from Canada and the World
Legislated protection for specific wildlife species
Increased participation by NGOs
Development projects and their associated regulatory approvals are often also challenged by a lack of available environmental data for establishing baseline conditions. Nunavut is physically vast, and for many years it has been under-represented in scientific studies. The rapidly changing climate and environment further complicate this situation.
It’s important to acknowledge that it’s only been a couple of generations now that the majority of Inuit in Nunavut have been transitioning from traditional hunting livelihoods to a wage-based economy. Communities themselves also change rapidly, with migration to regional centers a regular occurrence, allowing for increased access to jobs and other opportunities. I know that Atlantic Canadians can certainly understand and sympathise with those individuals and families needing to relocate for work.
Meanwhile interest in the North and Nunavut from the rest of Canada and the world continues to grow, bringing increased participation and focus on regulatory processes and major development projects. 16

17. Traditional Knowledge
The term Inuit Qaujimajatuqangit refers to Inuit “Traditional Knowledge” (TK)
Inuit Qaujimaningit refers to Inuit TK as well as Inuit epistemology without reference to temporality
Encompasses local and community based knowledge, ecological knowledge (both traditional and contemporary), which is rooted in the daily life of Inuit people, and has an important contribution to make to an environmental assessment
Inuit Qaujimaningit assists greatly in making impact predictions particularly where scientific baseline may be lacking
I believe the next speaker will be discussing the role of traditional knowledge in environmental assessment, so I won’t belabour the point here other than to say that traditional knowledge or Inuit Qaujimajatuqangit specifically is a critical component of my organization’s processes. It plays a significant role in the preparation and evaluation of Environmental Impact Statements in terms of acquisition of adequate baseline information, identification of key issues, prediction of effects, and assessment of their significance.
Recognizing Inuit Qaujimajatuqangit as an indispensable element both as baseline information and as an Inuit lens through which impact analyses can be better understood can contribute to more active and meaningful community engagement.
While much has been made of instances where traditional knowledge and science-based knowledge do not align, in the Nunavut-context more often than not Inuit Qaujimajatuqangit contributes greatly to assessments, helping to shore up areas where the science is lacking.

18. Participant Funding
Nunavut’s regulatory system does not have a participant funding program in place
Participant funding for impact assessments in Nunavut has been provided by the Minister on an ad hoc basis to date
Recent requests for participant funding have been denied
Creates potential disparity between public access to impact assessment in Nunavut and areas of Canada where the Canadian Environmental Assessment Act applies
NuPPAA allows for establishment of a participant funding program through regulations
The Government of Canada has indicated that this will not be undertaken until it become economically feasible
Unlike the federal process under the Canadian Environmental Assessment Act, Nunavut’s regulatory system currently does not have a formal participant funding program in place.
This creates challenges to ensuring public access and engagement, particularly for small communities and groups that have limited resources and stand to be significantly affected by proposed development projects.
The previous government had chosen not to act on new provisions allowing a participant funding program to be established for Nunavut; we remain hopeful that the newly-elected government might choose to revisit this issue in the near future. 18

19. Online Resources 19 Reliance on digital transmission of information
New public registry soon to replace ftp site
The NIRB seeks to address those challenges to the regulatory system that it can. We have recently updated our online presence through a re-launch of our website at The content on our site is fully available in English, French, Inuktitut and Inuinnaqtun and while there are a number of small improvements yet to be made, we are proud to host this very accessible new site.
Our website has been designed to be integrally linked to our brand new public registry system which is only weeks away from being launched publically. This new system will completely replace our existing ftp site which is currently used for hosting our file specific public registries online.
The new registry site will be a huge leap forward in helping us engage with the public and share information about our assessments and the monitoring programs. Each assessment will have its own project page where all the relevant documentation can be accessed in an attractive interactive format, with information regarding the process and visual representation much more readily available than is possible through our existing system.
We have established online application forms for project proponents while also providing a useful online resource for NIRB materials such as our guides, annual reports and links to other registry systems such as the systems under development by the Nunavut Water Board’ and the Nunavut Planning Commission. 19

20. Public Guides 20 Plain Language Public Guides
New Technical Guides under development for Proponents, Intervenors and Authorizing Agencies
Reflect process under NuPPAA
DRAFT
The projects subject to Environmental Impact Assessment by the NIRB are often of interest to the general public, as communities, groups and individuals living in Nunavut stand to be affected by the development proposed in their region.
The NIRB has a series of public guides available in English, French, Inuktitut and Inuinnaqtun which can be accessed online from our website and from local community organizations which we distribute hard copies to. These guides were completely revised recently to incorporate more plain language descriptions and illustrations to explain our processes and how to get involved.
For those individuals and groups who interact more extensively with the NIRB for the review of major development proposals, the NIRB is currently developing a new series of audience-specific technical guides to provide in-depth explanations regarding the Board’s Screening, Review and Monitoring processes. These technical guides are currently in draft form and are the subject of ongoing consultation to ensure that we maximize the utility of these resource materials for each intended user group. 20

21. Conclusion
The NIRB is focusing on a number of initiatives designed to increase regulatory efficiencies:
new technical guides, standardized EIS guidelines, updated Rules of Procedure
new website & public registry system
Implementation of new legislation (NuPPAA)
Precautionary approach and adaptive management techniques critical to impact assessments
Ensure good working relationships and improve coordination wherever possible
The regulatory system in Nunavut is well established and, with the recent introduction of new enabling legislation, is quickly maturing. The NIRB has recently chosen to focus on a number of important initiatives designed to recognize efficiencies, including: new technical guides, updated Rules of Procedure, standardized EIS guidelines, a revised website & new registry system, and increased coordination with the Nunavut IPGs and adjacent jurisdictions.
It is our belief that this will lead to increased certainty in process & information requirements for Industry while increasing our ability to address challenges to the regulatory system.
The NIRB continues to foster good working relationships with our partners in the regulatory system, with the public and with industry proponents. 21

22. Conclusion
Integrated regulatory approach in Nunavut is yielding positive results
A large number of major development projects currently within Nunavut’s Regulatory System have the potential to substantially change the Territory
Capacity will continue to be a significant challenge needing to be addressed
While world markets and commodity prices are currently low, the NIRB recognizes that we are currently experiencing a period of unprecedented growth and development in Nunavut which is expected to carry forward through next few years at least.
The NIRB currently has its highest levels of ongoing assessments for major development projects ever, with a number of open Reviews and 5 major monitoring programs in various states of activity. While this level of investment in the regulatory system and the Territory is a positive trend, at the same time it poses unique challenges for the NIRB. Like others in the regulatory system, we have limited staff, funding and time with which to carry out our mandated responsibilities, which are integral to ensuring development is carried out in a sustainable manner.
Nunavut is a young territory with amazing potential in so many respects. We are proud of the proven success of our made-in Nunavut regulatory system, which has enabled development to occur in a responsible manner, while ensuring the protection of the environment and Nunavummiut now and into the future. 22

23. Questions? 23 Thank you for your time!
That’s it from me – thanks very much for your attention and I would be pleased to try to address any questions you might have for me. 23

24. Contact Info
Ryan Barry – Executive Director
Nunavut Impact Review Board
PO Box 1360
Cambridge Bay, NU
Toll Free:
Fax: 24