NUNAVUT
Changes proposed by Aboriginal Affairs and Northern Development Canada to two Nunavut environmental acts could mean a streamlined project application process, as well as increased financial penalties for environmental violations.

Striking a balance between strong protection of Nunavut's land and waters, and enabling industry to move forward in an environmentally sound and predictable environment, falls to Nunavut regulatory boards. Aboriginal Affairs and Northern Development Canada is working with stakeholders to improve that process. - photo courtesy of PJ Akeeajok

The changes stem from the federal government’s commitment under the federal Action Plan to improve the Northern regulatory environment.

Introduced in 2010, the federal initiative was meant to address overlapping environmental processes, improve Aboriginal participation in resource development, and strengthen environmental protection.

The passing of Bill C-47 last June included the Nunavut Waters and Nunavut Surface Rights Tribunal act, and the Nunavut Planning and Project Assessment act.

Despite royal assent, the project assessment act has yet to come into force. Broad consultative work on the act was needed first.

Aboriginal affairs is near the end of that process. A legislative proposal for the minister’s office is expected as soon as later this month.

Tara Shannon, Aboriginal Affairs director of resource policy and programs, said that a timeline for federal approval cannot be estimated, but the department is moving towards implementation, “as soon as possible.”

Amendments to the rights act and the project planning act show how the two acts will fulfill the government’s commitment to improve Northern environmental regulations.

“We are pursuing amendments to the Nunavut waters and Nunavut surface rights tribunal act to align that act as far as possible with similar provisions in other acts of Northern regulatory legislation,” Shannon said.

Shannon pointed to recent changes to the NWT land management act that came in to effect earlier this year as a point of reference for what to expect once Aboriginal Affairs is finished with Nunavut legislation.

Under the proposed amendments, the Nunavut Planning Commission (NPC) would become the legislated single entry point for all resource projects in Nunavut.

“The Nunavut planning commission will be the one single place where projects would be submitted to begin the planning commission and Nunavut impact review board reviews,” Shannon said.

The single entry point under the Nunavut planning commission represents a change from the previous regulatory regime where several different agencies could independently trigger an environmental review.

After single-entry-point legislation, a second significant proposed amendment relates to timelines surrounding review board assessments.

Specific legislated timelines have already been introduced for assessments under the NWT environmental review board. The details of counterpart Nunavut regulatory acts are not yet determined, but they will include time limits to impose conformity checks under the Nunavut planning commission and project screening under the Nunavut Impact Review Board.

Proposed changes also increase the authority of designated Inuit organizations, giving them the specific authority to accept or reject a draft land use plan or amendment.

Changes specific to the water and surface rights act surround project bonding, cost recovery, further assessment timelines for the Nunavut water board licence applications requiring a public hearing (9 months), a "life of project" license option for some type A water licences, and increased fines for violations under the act.

Elizabeth Kingston, Nunavut manager for the NWT and Nunavut Chamber of Mines, had previously told Nunavut News North that project bonding in Nunavut has been a long-standing concern for the chamber and industry.

“One of the things we’re still looking for and have talked about for a number of years is a fix of double-bonding,” she said.

Double bonding is the situation where a resource company is asked to provide reclamation security on a project by more than one authorizing agency. Essentially asking a company to insure the same project twice, this can be an expensive burden.

“What in effect happens is the proponent has to put up double the amount of credit for the same project and for the same piece of land and water,” Kingston said.

Amendments to the surface and water rights act specifically address this problem.

In any land use proposal, three parties are involved: Aboriginal Affairs, the project proponent, and the Inuit organization responsible for the area.

“The provision is to… allow those three parties to enter into an arrangement regarding the security that would be held for the project,” Shannon said.

Exactly what those security arrangements would look like is something Aboriginal Affairs would take direction on from the federal government, should it approve the proposed amendments.

Other proposed changes to the water and surface rights act include more than doubling existing maximum fines for offences under the act, as well as the introduction of fines for subsequent offences at up to five times the current maximum.

For example, the current fine for a first offence under the act is $100,000. The suggested maximum fine would be raised to $250,000. Additional fines of up to $500,000 for the second and subsequent offences are also recommended.

Shannon said the department was recommending these increases to enhance environmental protection.

“These fines are penalties for committing an offence,” Shannon said. “They are like a speeding ticket.”

None of the proposed changes to the two acts described here are yet in effect, nor have they been formally recommended to the minster’s office for approval.