disclosure of preliminary screening to mveirb in nunavut all screenings are conducted by the nunavut...

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Disclosure of Preliminary Screening to MVEIRBIn Nunavut all screenings are conducted by

the Nunavut Impact Review Board (NIRB).NIRB conducts screening then forwards

decision to the Federal MinisterPart 5 EA is conducted by NIRBPart 6 EA Review conducted by Federal Panel

with NIRB participation

Preliminary ScreeningsNunavut Environmental Assessment Process

currently follows the CEAA

Field ModificationInspectors may provide direction with

respect to the avoidance or control of disturbances and may issue a Field Modification.

A Field Modification is issued by the Inspector and requires decisions to be made on site and implemented immediately. Consultation with the Nunavut Water Board is not required for Field Modifications.

AmendmentThe NWB may amend a water licence, for a

specified term or otherwise, any condition of a licence

(i) on application by the licensee,(ii) to deal with a water shortage, or(iii) where the Board considers the amendment

to be in the public interest; and

AmendmentThe amendment must be screened by NIRBThe amendment must also conform with any

approved land use plan

Use of TEK/TKNIRB and NWB are legislated to include Inuit

Traditional Knowledge in there decision making process.

Land Claim Settlement vs. Non- Land Claim AreasNunavut has no unsettled land claim areas.In Nunavut, there are three Regional Inuit

Associations (RIAs) — the Kivalliq Inuit Association, the Kitikmeot Inuit Association and the Qikiqtani Inuit Association (for the Baffin Region). Part of their role involves working with NTI in implementing the land claim and managing Inuit-owned land.

Section 35.Federal crown lands are still administered by

INAC.

Review of applications, plan and distributions, deeming applications complete

Review of applications, plan and distributions, deeming applications completeLUP Application Requirements outlined in Section

22 of the Territorial Land Use Regulationsdescription of operation, name of person applying

for permit, location of land use activity, fees payable, types of equipment to be usednames and addresses of contractors and

subcontractors, plans for waste disposal andrelevant maps or sketches

LUP Application RequirementsA)the lands proposed to be used and an estimate of their area; andB) the approximate location of all i. existing lines, trails, rights-of-way and cleared areas proposed to

be used in the land use operation;

ii. new lines, trails, rights-of-way and cleared areas proposed to be used in the land use operation;

iii. buildings, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places proposed to be constructed or used during the land use operation; and

iv. bridges, dams, ditches, railroads, highways and roads, transmission lines, pipelines, survey lines and monuments, air landing strips, streams and all other features, structures or works that, in the opinion of the applicant, may be affected by the land use operation.

Land Use Plan ConformityThe Board may not issue, amend or renew a

licence to use waters or deposit waste if there is an applicable land use plan approved in accordance with Part 5 of Article 11 of the Agreement unless the Nunavut Planning Commission, in accordance with section 11.5.10 of the Agreement,

(a) has determined that the use or deposit, or in the case of an amendment any change to the use or deposit, conforms to the land use plan; or

(b) has approved a variance in respect of the use, deposit or change.

Security DepositsLUP may have security requirements as a

condition of the land use permit.Territorial Land Use Regulations cap the

security at $100,000. INAC runs their own model (RECLAIM) for

security determinationsRegional Inuit Land Administration Groups

may also ask for security for ILC land

Security Deposits-W.L.The Board may require an applicant, a

licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister.

Security: ContinuedSecurity is usually determined during the

NWB technical review process. Generally for Type “A” Water Licence or

Type “B” Water Licence that requires a Public Hearing.

Other Type “B Water Licences may require security at the discretion of the Board

Use of QuestionnairesNWB currently requests proponents to use

the following questionnaires:Advanced Exploration QuestionnaireCulvert Bridge QuestionnaireLandfarm Contaminated Soil QuestionnaireMine Development QuestionnaireExploration & Remote Camp QuestionnaireTannery QuestionnaireOil Gas QuestionnaireIn Stream Use QuestionnaireHydro Static Testing

Water Licence RequirmentsSection 5 of the current Northwest Territories

Waters Regulations, which permits some water use and waste deposit activities without a license, is inconsistent with section 13.7.1 of the NLCA, which states that "with the exception of domestic or emergency use of water as set out in section 5 of the Northern Inland Waters Act (RSC 1985, c. N-25), no person may use water or dispose of waste into water without the approval of the NWB".

All activities that use water or dispose of waste for commercial activities require a Water Licence from the NWB

Water Use FeesSame requirements under the NWT Waters

Regulations (Northern Inland Waters Regulations)

Unsure of their current interpretation of the requirments

Public Hearing ProcessSimiliar to the Mackenzie Valley process. If the Minister does not make a decision

within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.