1 Sahtu Land Use Planning Board Public Hearing on the Draft 3 Sahtu Land Use Plan May 2011 INAC Presentation

2 Introduction Indian & Northern Affairs Canada (INAC) is pleased to share its comments on the Draft 3 Sahtu Land Use Plan. This presentation reflects key messages resulting from the departmental review, and addresses topics outlined in the Board’s ‘Overview of Hearing Topics’ document. The department’s aim is to assist the Planning Board in the development and submission a Final Draft Sahtu Land Use Plan.

3 Introduction (cont’d) INAC considers land use planning as an important tool for balancing investment and development opportunities with environmental stewardship and community aspirations. An approved Sahtu Land Use Plan would provide increased certainty and clarity to communities, proponents, governments and regulators operating within the Sahtu Settlement Area.

4 Conservation Zoning The department is supportive of the proposed zoning changes made since Draft 3 was released. INAC recommends the Board remain involved in the NWT Protected Areas Strategy process, as it could result in further zoning changes prior to the submission of a Final Draft Plan. It is important to maintain clarity on how the management of PAS areas will integrate with the Plan. Key Topics – Zoning

5 Conservation Zoning (Cont’d) Once a protected area is established, the revised boundaries will be reflected in the Plan and the protected area will be managed according to its legislation. Any areas exempted from the final boundaries due to economic potential should be zoned as Special Management or General Use. INAC is comfortable with the overall zoning balance in the Plan, based on the proposed zoning changes. Key Topics – Zoning

6 Mackenzie Gas Project (MGP) / Infrastructure Corridor: INAC requests the inclusion of the MGP study corridor for illustrative purposes in the Final Draft Plan. INAC understands that a pipeline and associated infrastructure would be allowable land uses under a Sahtu Land Use Plan, and a statement to this effect would provide added certainty.

7 Key Topics – Zoning Issuance of subsurface oil and gas rights Issuance of subsurface oil and gas rights under a Conservation Zone could be contemplated in cases where directional drilling from outside the zone could give access to the resource. The oil and gas rights can include a prohibition on surface access for development. This approach could be used in specific circumstances, such as where a gas field exists in the subsurface below a narrow conservation zone. Surface access for exploration within a Conservation Zone could be contemplated by including conditions on the exploration.

8 Key Topics – Conformity Requirements Conformity Requirement #2 - Community Engagement and Traditional Knowledge Ensure coordination with the public engagement guidelines being developed by the Land and Water Boards. INAC understands this CR is intended to be implemented at the application stage; therefore subsection 2 should be amended or removed.

9 Conformity Requirement #3 -Community Benefits As noted in INAC's October 15th submission, this CR is not clear on how a regulator would specifically determine a) what "benefit" means; and b) that the obligation to communities was indeed met. The Sahtu Dene and Métis Comprehensive Land Claim Agreement establishes processes for community engagement and developer commitments regarding local economic opportunities and community benefits in certain circumstances. In INAC's view, CR#3 is not required as this matter is adequately addressed by Recommendation #10, and existing mechanisms. Key Topics – Conformity Requirements

10 Conformity Requirements #5 and #6 -Watershed Management and Drinking Water The NWT Water Stewardship Strategy has now been finalized and states that Land Use Planning contributes to achieving the Water Strategy’s vision and goals, some indirectly applying to watersheds. In response to the Board’s questions, the department recommends that Conformity Requirements focus on a goal-based approach, which ensures an issue will be addressed, while leaving the specific terms and conditions to Regulators. Key Topics – Conformity Requirements

11 Conformity Requirement #13 - Closure and Reclamation INAC supports the inclusion of this CR in the Plan as long as previous recommended changes are made. Remove the reference to “where the amount calculated exceeds $50,000.” Reclamation security for land use activities on SSI lands should be held by a Sahtu organization. Ensure coordination with the joint closure and reclamation guidelines being developed by INAC and the LWBs when finalizing this CR. Key Topics – Conformity Requirements

12 Conformity Requirement #20 – Water Withdrawal This restriction on water withdrawal, except from the lake outlets, could create problems for oil and gas operations and for ice road construction. Suggest using language of ‘no reasonable alternative’ similar to access across CZs in CR #1. Key Topics – Conformity Requirements

13 INAC agrees that Actions and Recommendations can be part of a Sahtu Land Use Plan, however they cannot bind government INAC supports the idea of a Sahtu Working Group INAC supports the development of a separate document that addresses the specific activities and costs associated with the Actions in more detail INAC supports inclusion of non-binding Actions in the Plan, if changes are made that address previously stated concerns Key Topics – Actions

14 INAC supports the development of an Implementation Plan that outlines clear roles, responsibilities, time lines and other requirements to ensure efficient and consistent implementation of the Plan. INAC recommends that conformity determination occur early in the application review process, concurrent with the completeness check. Key Topics – Implementation

15 In Closing INAC staff look forward to working with the Board and land use planning partners over the next two days. The Department looks forward to participating in the Implementation Workshop and receiving the Final Draft Plan.