NORTHERN LAND USE GUIDELINES

Overview

NORTHERN LAND USE GUIDELINES

Overview

Published under the authority of the Minister of Indian Affairs and Northern DevelopmentOttawa, 2003www.ainc-inac.gc.ca

QS-8622-010-EE-A1Catalogue No. R2-226/2003-1EISBN 0-662-32738-1

© Minister of Public Works and Government Services Canada

Cette publication peut aussi être obtenueen français sous le titre :

Vue générale

Note: Effective April 2003, responsibility for the Department of Indian Affairs andNorthern Development’s Northern Affairs Program (land and resource management)was transferred to the Government of Yukon.For information on land use in Yukon, contact the office below.

Addendum to Northern Land Use Guidelines: Overview

Preface Page V second sentence.Replace with: “These publications are designed to guide land use activity on Crown land in theNorthwest Territories and Nunavut.”Page VI - second column last heading replace all Yukon information with:

YukonLand Use - Lands BranchDepartment of Energy, Mines and ResourcesGovernment of YukonSuite 320, Elijah Smith Building300 Main StreetWhitehorse, YT Y1A 2B5Tel.: (867) 667-3173 Fax: (867) 667-3214E-mail: land.use@gov.yk.ca

Bibliography

Page 8Change date from 2003 to read “In Preparation” for:Department of Indian Affairs and Northern Development Land Use Guidelines:

Administrative FrameworkAdministrative ProcessPermafrostAccess: Roads and TrailsCamp and Support FacilitiesPits and QuarriesMineral ExplorationHydrocarbon ExplorationOther Land UsesAbandonment and Reclamation

Appendix

Page 9Delete Yukon Regional Office and replace with:

Effective April 2003, responsibility for the Department of Indian Affairs and NorthernDevelopment’s Northern Affairs Program (land and resource management) was transferred tothe Government of Yukon.

Page 10 - Delete

OVERVIEW iii

ContentsPREFACE v

ACKNOWLEDGEMENTS vii

1 INTRODUCTION 1

1.1 Northern Land Use Guidelines Series 2

2 SERIES OVERVIEW 3

3 PROJECT LIFE CYCLE 4

3.1 Regulatory Environment 4

3.2 Planning and Design 4

3.3 Construction 5

3.4 Operation 5

3.5 Abandonment and Reclamation 5

4 PROJECT MANAGEMENT 7

BIBLIOGRAPHY 8

APPENDIX: DIAND Contacts 9

OVERVIEW v

Preface

The Department of Indian Affairs andNorthern Development (DIAND) hasrevised its popular land use guidelines

series. These publications are designed to guideland use activity on Crown land in the North-west Territories, Nunavut and Yukon. Activitieson land under private ownership (e.g., FirstNations land)1 and land under municipal orterritorial control (e.g., Commissioner’s land)require direction from the appropriate agency.

Guidelines apply to land useactivities on Crown land only

In the past, incorporating environmentalprotection into northern development has beenconsidered costly. This series suggests, however,that proper environmental planning can savetime and money in the long run. Theseguidelines will assist proponents and operatorsin planning proposed land use activities,assessing related environmental effects andminimizing the impacts of these activities.

This series of guidelines should be supplementedby local research, traditional knowledge,engineering or other professional expertisespecific to a proposal and advice from theappropriate regulatory agency. Although everyattempt has been made during the preparation ofthese guidelines to use up-to-date information, itremains the operator’s responsibility to obtainthe most recent information related to northernresource development and to follow current regulatory requirements.

Guidelines are subordinate to allacts, ordinances, regulations and

permit terms and conditions

Volumes in this series include:

Overview

Administrative Framework

Administrative Process

Applying Sustainable Development

Permafrost

Access: Roads and Trails

Camp and Support Facilities

Pits and Quarries

Mineral Exploration

Hydrocarbon Exploration

Other Land Uses

Abandonment and Reclamation

The series is available electronically at theDIAND Web site: www.ainc-inac.gc.caReaders are encouraged to visit the site forupdates and revisions to the series.

1 Applies also to other Aboriginal-owned lands — FirstNations, Inuit or Metis.

NORTHERN LAND USE GUIDELINESvi

For further information concerning the subjectmatter contained in this guideline series, pleasecontact:

HEADQUARTERSManager, Land ProgramsNatural Resources and Environment BranchDepartment of Indian Affairs and Northern

DevelopmentLes Terrasses de la Chaudière10 Wellington StreetHull QC K1A 0H4Tel.: (819) 994-7464 Fax: (819) 997-9623E-mail: NorthernLands@ainc-inac.gc.ca

NORTHWEST TERRITORIESLand AdministrationNorthern Affairs ProgramDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 1500Yellowknife NT X1A 2R3Tel.: (867) 669-2673 Fax: (867) 669-2713E-mail: NWTLands@ainc-inac.gc.ca

NUNAVUTLand AdministrationDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 100Iqaluit NU X0A 0H0Tel.: (867) 975-4275 Fax: (867) 975-4286E-mail: landsmining@ainc-inac.gc.ca

YUKONLand Use SectionLand ResourcesDepartment of Indian Affairs and Northern

Development345-300 Main StreetWhitehorse YT Y1A 2B5Tel.: (867) 667-3173 Fax: (867) 667-3214

OVERVIEW vii

In the 1980s, Indian and Northern AffairsCanada published a series of six land useguidelines, in a handbook format, intended

to help operators of small to medium-scaleprojects carry out activities in northern Canadain an environmentally sensitive manner. Thesehandbooks, commonly called “The BlueBooks,” have been widely distributed andquoted; they have been reprinted several timesand are still requested. Their success is a tributeto the efforts of the original authors andcontributors and to the departmental steeringcommittee that guided their preparation.

This new series of northern land use guidelinesis, in part, an update of the earlier series. Thiswork was directed by a steering committee thatincluded the following Northern AffairsProgram staff: Robert Gowan (Headquarters),Stephen Traynor (Northwest Territories Region,then Nunavut Region), Buddy Williams(Northwest Territories Region), Mark Zrum,then Marg White (Yukon Region) andCarl McLean (Nunavut Region).

Much of the information presented in thisseries was obtained through discussions with

land use administrators and resource manage-ment officers in the Northwest Territories,Nunavut and Yukon. These people are thankedfor their time and assistance. To the manyindividuals who provided photographs forinclusion in this series, thank you. In addition,thanks are extended to the many operators andconsultants who took the time to discuss theirvaried experiences as they relate to land use innorthern Canada.

The initial text for the current series wasdrafted by Komex International Ltd., Calgary,Alberta (with the assistance of David Loeks ofTransNorthern Consulting, Whitehorse, forthe volume Applying Sustainable Development).The efforts of Komex staff and consultants areacknowledged. The series was edited byRobert Drysdale, Ottawa, whose attention todetail is most appreciated. Icons representingthe new volumes were created by VentureCommunications, Ottawa, and the cover andpublication layout were designed by BlackbirdPublications, Communication and Design, alsoof Ottawa.

Acknowledgements

Natural resources in northern Canadahave attracted world attention for over150 years. Starting with furs and gold,

resource development has grown to include oil and gas, timber, diamonds, base metals,wildlife, parks, heritage rivers and numerousrecreation areas.

Northern Canada has unique and often fragileenvironmental features that warrant diligentmanagement and protection. Any activitiesthat disturb these features can have long-lastingeffects. Sound environmental practices areneeded, therefore, to preserve the northernlandscape.

Damaging the land has led to other concerns;for example, the quality of wildlife habitat,water sources and visual aesthetics. These typesof environmental impacts may limit futuredevelopment possibilities, such as recreationand tourism.

Environmental impacts also affect the socialfabric of northern communities. When tradi-tional hunting, trapping and fishing areas areadversely affected, food sources and familyincomes are directly affected.

A community’s response to previous poor landpractices can lead to social conflict. Communityelders may value preservation over employmentfor younger residents. For a developer, thisconflict leads to project delays.

Project delays and underlying communityconflicts can be avoided. Most northernersunderstand the need for economic developmentand the value of dialogue. Generally, communi-ties will respond favourably to a well thoughtout development plan.

Community input will allow operators to considerand address local concerns, such as culturallysignificant sites that should be preserved.

Several resources may be located in an areaproposed for land use, with different land usersvaluing the land for different reasons:

• industrial uses, including forestry, oil andgas, and mining;

• areas of importance to First Nations,e.g., traplines, traditional gathering areas,sacred sites;

• recreation, fishing and hunting areas;

• sites and landscapes considered to be unique; and

• environmentally significant areas and criticalwildlife habitat.

These resource values must be considered bythe operator during the planning stage ofdevelopment as integrated use of an arearequires effective planning and communicationamong all parties concerned (government,resource developers, communities and otherresource users).

Satisfactory closure at the end of a project is the developer’s responsibility. Closure planningshould start with development planning.

OVERVIEW 1

CHAPTER 1Introduction

NORTHERN LAND USE GUIDELINES

1.1 Northern Land Use Guidelines Series

The Department of Indian Affairs and NorthernDevelopment (DIAND) regulates a wide varietyof northern land uses.2 DIAND has developedthis Northern Land Use Guidelines series tohelp land use operators and land use regulatorsto become better environmental managers.

This series reflects several changes frompreviously published guidelines:

• new volumes;

• user-friendly format;

• project-specific activities;

• new scientific knowledge;

• industry experience gained over the lastdecade;

• changes in environmental regulations andnew industry codes of practice;

• changes in land ownership and landmanagement across northern Canada;

• new expectations (from communities,government and First Nations); and

• Internet access to the series.

Operators should note that changes in northernCanada are rapid and ongoing. As such, thisseries provides a starting point, prompting landuse operators to ask questions, consult withcommunities and regulators, and hire experts.

The series prompts each operator to assess the environmental impacts of their land useactivities. It also suggests that operatorsconsider measures to prevent or to reduce these impacts.

2

2 DIAND’s mandate includes the management of land andresources on Crown land in the Northwest Territories,Nunavut and Yukon, as well as various roles respectingFirst Nations. (See Administrative Framework volume foradditional information.)

Administrative Framework summarizesthe legislation that governs land use innorthern Canada. DIAND’s changing

role is described, as well as the changingownership and regulation of land and water.The current status of First Nation land claimsand the transfer of powers from the federalgovernment are highlighted.

Administrative Process describes the landuse permitting process (types of permits,content of the application form,

application fee, review process). Changes inthis process resulting from the CanadianEnvironmental Assessment Act and the MackenzieValley Resource Management Act are presented.Authorizations required for land use activities,DIAND contacts, and extracts from TerritorialLand Use Regulations and Mackenzie ValleyLand Use Regulations are appended to thisvolume.

Applying Sustainable Developmentdiscusses the concept of sustainabledevelopment and its importance to

northern Canada. DIAND’s commitment tosustainable development is presented in theform of ten principles. The life cycle approachto sustainable development is described as itapplies to the four phases of project develop-ment. The volume concludes with a caseexample illustrating how the principles ofsustainable development were applied in thedevelopment of the Brewery Creek Mine,located on the North Klondike River nearDawson City, Yukon.

Permafrost introduces the technicalaspects of permafrost features, including aclassification of permafrost types.

Travelling on permafrost, clearing vegetation,excavation, building, controlling surfacedrainage, restoring disturbed land and wastemanagement are among the topics addressed.

Access: Roads and Trails presents guide-lines for planning, constructing, opera-ting and abandoning roads and trails.

The importance of planning for the entire lifecycle of roads and trails is discussed. The volumeconcludes with a checklist of questions to beconsidered during each phase of a road’s life cycle.

Camp and Support Facilities providesan overview of environmental issuesassociated with the planning,

construction, operation and abandonment oftemporary camps. Planning for the entire lifecycle of the camp is emphasized.

Pits and Quarries discusses granularmaterials and how they are best used.The life cycle of pit and quarry devel-

opment is presented in chapters coveringplanning, design and construction, operations,and abandonment and reclamation.

Mineral Exploration guidelines are pre-sented on a life cycle basis (planning,operation, maintenance of suspended

operations, and closure and site reclamation).

Hydrocarbon Exploration presentsguidelines on the life cycle approach toseismic operations and exploration

well-sites (i.e., planning, construction, operation,and abandonment and reclamation).

Other Land Uses presents guidelines onsome specific other land uses, e.g.,forestry operations and temporary

airstrips, not discussed elsewhere in the series.

Abandonment and Reclamation sum-marizes the planning and operationalaspects associated with project closure.

(Refer also to other volumes in the series foradditional discussion of this topic.)

OVERVIEW 3

CHAPTER 2Series Overview

Thinking a project through before youstart will save money, time and effortover the length of the project.

The following principles should be taken intoconsideration throughout the development of aland use activity:

• Land uses addressed in this series of landuse guidelines are temporary — the land isbeing borrowed, not sold.

• Communities and other parties are oftenaffected for a much longer time periodthan that required to conduct the actualland use activity.

• During the land use activity, naturalresources affected should be conserved.

• The land should be restored to its originalcondition, or suitable alternative condition,after the land use activity has beencompleted.

Any land use activity has the potential toimpact the environment — positively ornegatively. Usually, the impact is a combinationof both. Potential adverse environmentalimpacts include:

• disturbance of soils, vegetation andpermafrost;

• loss or disturbance of terrestrial or aquatic habitat and associated reduced wildlife oraquatic populations;

• contamination of soils, surface waters andground water;

• disturbance of archaeological andculturally significant areas; and

• adverse visual impacts.

From planning to completion of a land useactivity, consideration should be given to thepotential environmental impacts of the project.

3.1 Regulatory EnvironmentRegulatory agencies governing land use in theNorthwest Territories, Nunavut and Yukon haveundergone significant changes in the past few

years. It is essential, therefore, that proponentsconsult with the appropriate regulatory bodies,including DIAND, regarding applicableenvironmental regulations, permits andguidelines, before initiating a developmentproposal.

See Administrative Framework andAdministrative Process volumes for

additional information

3.2 Planning and DesignProject planning and design help proponentsget organized. Information should be gatheredon the following:

• legislation and regulations applicable tothe proposed project;

• potential environmental impacts;

• current industry standards (codes or bestmanagement practices);

• who owns the land;

• who manages the land use activity;

• other resources that might be affected;

• current and proposed access;

• other Land Use Permit holders or landusers affected (on-site);

• adjacent land users (off-site);

• sites (options) available for the project;

• the preferred site and approach to theproject; and

• reclamation planning.

NORTHERN LAND USE GUIDELINES44

CHAPTER 3Project Life Cycle

OVERVIEW

After consulting key stakeholders (includingDIAND staff, community leaders, other landusers, experts and any other regulators),proponents should document all plans fordevelopment, construction, operation andclosure. Regulators will grant a Land UsePermit on the basis of the information providedin the permit application form.

3.3 ConstructionWhile waiting for permit approval, operatorscan begin training staff and preparing for theinitial construction phase. This is also a goodtime for follow-up discussions with the localcommunity regarding construction, timing,equipment and supplies needed, and staff.Following permit approval, operators can beginpreparing the site for construction. As con-struction activities will always disturb thenatural environment, operators should useappropriate construction methods to minimizeenvironmental impacts. They should alsocontinually monitor impacts and ensure that all construction is proceeding according to plan.

See Access: Roads and Trailsvolume for additional information

3.4 OperationDuring the operational stage, operators must:

• continue to monitor impacts of the project;

• identify and correct operationalprocedures as required; and

• adhere to operating conditions as outlinedin the Land Use Permit.

See Camp and Support Facilitiesvolume for additional information

3.5 Abandonment and Reclamation

An abandonment and reclamation plan shouldbe included as part of the Land Use Permitapplication. Over the course of the land useactivity, and as the expiry date of the Land UsePermit approaches, operators should review andrevise the plan as necessary.

5

Operators are fully responsible for abandonmentand reclamation of the operation and site.

See Applying SustainableDevelopment volume for additional

information

NORTHERN LAND USE GUIDELINES6

OVERVIEW 7

By considering the full life cycle of aproject, operators can greatly improvetheir land use operation and become

better environmental managers. The flowchartthat follows summarizes the steps and keyactivities applicable to most land use activitiescarried out in northern Canada.

CHAPTER 4Project Management

Project life cycle.

Evaluate Site Conditions Define Project Needs Obtain Stakeholder Input

Planning/Design

Permitting Processand Approval

Construction

OperationOngoing

Communication

Abandonmentand Reclamation

See

volume foradditional

information

Administrative

Process

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: AdministrativeFramework. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Administrative Process.Ottawa: Minister of Public Works and GovernmentServices Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Applying SustainableDevelopment. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Permafrost. Ottawa:Minister of Public Works and Government ServicesCanada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Access: Roads andTrails. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Camp and SupportFacilities. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Pits and Quarries.Ottawa: Minister of Public Works and GovernmentServices Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Mineral Exploration.Ottawa: Minister of Public Works and GovernmentServices Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: HydrocarbonExploration. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Other Land Uses.Ottawa: Minister of Public Works and GovernmentServices Canada, 2003.

Department of Indian Affairs and Northern Development.Northern Land Use Guidelines: Abandonment andReclamation. Ottawa: Minister of Public Works andGovernment Services Canada, 2003.

NORTHERN LAND USE GUIDELINES8

Bibliography

OVERVIEW 9

For information concerning the subject mattercontained in this series of land use guidelines,please contact:

HeadquartersManager, Land ProgramsNatural Resources and Environment BranchDepartment of Indian Affairs and Northern

DevelopmentLes Terrasses de la Chaudière10 Wellington StreetHull QC K1A 0H4Tel.: (819) 994-7464Fax: (819) 997-9623E-mail: NorthernLands@ainc-inac.gc.ca

Northwest Territories Regional OfficeLand AdministrationNorthern Affairs ProgramDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 1500Yellowknife NT X1A 2R3Tel.: (867) 669-2673Fax: (867) 669-2713E-mail: NWTLands@ainc-inac.gc.ca

Northwest Territories:South Mackenzie District (Yellowknife, Fort Smith, Hay River,Fort Simpson)District ManagerSouth Mackenzie DistrictNorthern Affairs ProgramDepartment of Indian Affairs and Northern

Development#16 Yellowknife AirportYellowknife NT X1A 3T2Tel.: (867) 669-2761Fax: (867) 669-2720

Northwest Territories:North Mackenzie District(Inuvik, Norman Wells)District ManagerNorth Mackenzie DistrictNorthern Affairs ProgramDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 2100Inuvik NT X0E 0T0Tel.: (867) 777-3361Fax: (867) 777-2090

Nunavut Regional OfficeLand AdministrationDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 100Iqaluit NU X0A 0H0Tel.: (867) 975-4275Fax: (867) 975-4286E-mail: landsmining@ainc-inac.gc.ca

Nunavut District Office(Keewatin, Baffin, Kitikmeot)District ManagerNunavut DistrictNorthern Affairs ProgramDepartment of Indian Affairs and Northern

DevelopmentP.O. Box 100Iqaluit NU X0A 0H0Tel.: (867) 975-4295Fax: (867) 975-4286

Yukon Regional OfficeLand Use SectionLand ResourcesDepartment of Indian Affairs and Northern

Development345-300 Main StreetWhitehorse YT Y1A 2B5Tel.: (867) 667-3173Fax: (867) 667-3214

APPENDIXDIAND Contacts

NORTHERN LAND USE GUIDELINES10

Yukon Field OfficesKlondike (Dawson, Old Crow)Resource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 279Dawson City YT Y0B 1G0Tel.: (867) 993-5468Fax: (867) 993-6233

Kluane(Haines Junction, Beaver Creek)Resource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 5370Haines Junction YT Y0B 1L0Tel.: (867) 634-2256Fax: (867) 634-2675

Northern Tutchone(Mayo, Carmacks)Resource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 100Mayo YT Y0B 1M0Tel.: (867) 996-2343Fax: (867) 996-2856

Carmacks SubdistrictResource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 132Carmacks YT Y0B 1C0Tel.: (867) 863-5271Fax: (867) 863-6604

Southern Lakes(Whitehorse, Teslin)Resource Management OfficerField OperationsMailing address:Department of Indian Affairs and Northern

Development345-300 Main StreetWhitehorse YT Y1A 2B5Physical address:918 Alaska HighwayTel.: (867) 667-8078Fax: (867) 667-4125

Teslin DistrictResource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 97Teslin YT Y0A 1B0Tel.: (867) 390-2531Fax: (867) 390-2682

Tintina(Watson Lake, Ross River)Resource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 289Watson Lake YT Y0A 1C0Tel.: (867) 536-7335Fax: (867) 536-7331

Ross River SubdistrictResource Management OfficerField OperationsDepartment of Indian Affairs and Northern

DevelopmentBox 107Ross River YT Y0B 1S0Tel.: (867) 969-2243Fax: (867) 969-2309

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