Nunavut Impact Review Board NIRB’s Role in Marine Management Thank you to the organizers of this meeting for providing us with this opportunity to be here today and to share in the discussions with you on behalf of the Nunavut Impact Review Board. My name is Elizabeth Copland, I live in Arviat and I am the Chairperson of the Nunavut Impact Review Board. I am joined today by Ryan Barry, the Executive Director of the Nunavut Impact Review Board. Chisasibi, QC, November 8-9, 2016 East Hudson Bay/James Bay Roundtable Meeting

Objectives Provide an overview of Nunavut’s regulatory system and the role of the Nunavut Impact Review Board (NIRB) Focus on the NIRB’s role in marine management and transboundary considerations Provide an overview of the Nunavut Marine Council Highlight opportunities for cooperation The goal of this meeting is to inform the creation of a Hudson Bay Consortium. My goal in delivering this presentation is to increase awareness of Nunavut’s regulatory system and the Nunavut Impact Review Board’s role in administering the environmental assessment process in the Nunavut Settlement Area, including portions of Hudson Bay. I will also briefly speak to the NIRB’s role in marine management, transboundary considerations, and the Nunavut Marine Council.

Nunavut’s Regulatory System The Nunavut Land Claims Agreement and the Nunavut Act received Royal Assent on July 9, 1993, creating Canada’s newest Territory I will focus first on an overview of Nunavut’s regulatory system generally, and the NIRB’s role more specifically. Nunavut’s Regulatory System

Land & Resources Dispute Resolution Wildlife Management Land Use Planning Impact Assessment Water Use Licencing The Inuit of Nunavut and the Government of Canada agreed to establish an integrated resource management system through the Nunavut Land Claims Agreement, creating 5 independent, quasi-judicial boards structured in a co-management style with Inuit and government representation. The NIRB works very closely with these other Institutions of Public Government on a regular basis.

Nunavut’s Regulatory System Development proposals must satisfy the requirements of: Land use planning Environmental Impact Assessment Water Licensing Focusing on the Institutions of Public Government that deal with resource development projects, we have: Land Use Planning through the Nunavut Planning Commission: which asks is a type of project an acceptable land use? Environmental Impact Assessment conducted by the Nunavut Impact Review Board: 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 by the Nunavut Water Board: which establishes the parameters for the land and water use and associated enforcement provisions. ᐃᑲᔪᖅᑎᒌᓐᓂᖅ - Ikajuqtigiinniq “Working together for a common cause”

NIRB’s Mandate 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 The NIRB has been conducting environmental impact assessments under this regulatory system for about 20 years. The NIRB has a very broad mandate, as the Board is responsible for conducting screening level assessments, full environmental reviews, and monitoring programs which operate for the full lifecycle of a project. The NIRB is the sole environmental assessment body for the Nunavut Settlement Area and the Outer Land Fast Ice Zone off of the eastern coast of Baffin Island. Nunavut Settlement Area & Outer Land Fast Ice Zone Transboundary Impacts

Up to 9 Members comprise the NIRB, including the Chairperson Who is the NIRB? Chairperson Elizabeth Copland (NIRB-GOC) Board Member Vacant (NTI-GOC) Guy Alikut Henry Ohokannoak Allen Maghagak Phillip Omingmaktok (GN) Marjorie Kaluraq (GOC) The Nunavut Impact Review Board has up to 8 regular board members and a chairperson. Currently the Board has 3 vacant board member positions. The Board Members are the decision makers for the NIRB’s assessments and business, while the day-to-day operations of the Board are the responsibility of the NIRB’s Executive Director, Ryan Barry, who manages a staff of about 20 individuals. Up to 9 Members comprise the NIRB, including the Chairperson

NIRB’s Mission To protect and promote the well-being of the Environment and Nunavummiut through the impact assessment process The Board’s mission is to protect and promote the well-being of the Environment and Nunavummiut through the impact assessment process.

Nunavut has nearly two-thirds of Canada’s coastline, and the Inuit of Nunavut are primarily a maritime people. Like our neighbours throughout Hudson Bay, most Nunavummiut (residents of Nunavut) regularly interact with the marine environment in all seasons, often daily, for travel, fishing and harvesting, and for recreation. Intrinsic to the extensive Inuit interactions with the marine environment is Inuit Qaujimajatuqangit, local and community-based Traditional Knowledge. Inuit Qaujimajatuqangit represents a vast knowledge resource of information about the environment and is relevant to analyses of changes in areas affecting the marine environment such as climate, sea ice patterns, and wildlife population sizes, behaviours, movements, and distributions. The NIRB incorporates Inuit Qaujimajatuqangit and other types of Traditional Knowledge into its decision making, and the Board’s processes necessarily have a strong focus on public engagement and building strong relationships with communities.

Transboundary Relationships The Nunavut Impact Review Board seeks to coordinate and cooperate with agencies and organizations in adjacent jurisdictions through the Impact Assessment Process The Nunavut Impact Review Board engages with various transboundary groups that could be potentially impacted by proposed projects, including: community members; municipal, territorial, federal, and/or Aboriginal governments; authorizing agencies; and/or other environmental assessment agencies, like our counterparts in the Nunavik and Eeyou Marine Regions. Transboundary Relationships

The Nunavut Settlement Area is vast and shares borders with many other jurisdictions. The NIRB has extensive experience in conducting environmental assessments in the Nunavut Settlement Area, including Hudson Bay. The NIRB regularly assesses proposed projects along the western coast of Hudson Bay, in Foxe Basin or Hudson Strait, or around the Belcher Islands. A number of our Board members, myself included, have spent our lives living on Hudson Bay and bring our own experience, knowledge, and Inuit Qaujimajatuqangit to bear in our considerations.

Transboundary Coordination Fundamental goals of transboundary coordination include: Respect treaty rights and land claim agreements Keep all parties informed and promote opportunities for engagement Receive and provide support Exchange information and share best practices Communicate regularly Appreciate the wide range of technical, regional, and traditional expertise Transboundary coordination is an inclusive process. The more information that is provided and exchanged with parties, the more support and increased conversation there is among groups, and the greater chance we have of effectively addressing shared challenges. Promoting cooperation and transboundary coordination is critically important to the NIRB, particularly when it comes to marine issues as we recognize that our waters are shared with our many neighbors outside the territory. We are pleased to lend our support to initiatives that foster improved coordination, cooperation, and which seek to protect and promote the Environment.

Nunavut Marine Council A coordinated approach to addressing issues affecting Arctic marine areas The Nunavut Land Claims Agreement and several pieces of related federal legislation enable the formation of a Nunavut Marine Council and empower it to advise government regarding marine areas. The Nunavut Marine Council is made up of 4 of Nunavut’s 5 Institutions of Public Government: the Nunavut Wildlife Management Board, Nunavut Planning Commission, Nunavut Impact Review Board, and Nunavut Water Board. Nunavut Marine Council

The NIRB, the NWB, the NPC, and the NWMB may jointly, as a Nunavut Marine Council, or severally advise and make recommendations to other government agencies regarding the marine areas, and Government shall consider such advice and recommendations in making decisions which affect marine areas. The Nunavut Marine Council brings together these organizations to speak with one voice for issues affecting Arctic marine areas, capitalizing on shared knowledge and experience in land use planning, impact assessment, and wildlife and water management. The objective of the Nunavut Marine Council is to ensure the ongoing protection and continued wise use of marine areas for the benefit of Inuit and all Canadians, in a manner consistent with the principles of Inuit Qaujimajatuqangit.

Work to Date 15 Nunavut Land Claims Agreement comes into effect 1993 Nunavut Land Claims Agreement comes into effect 1998 Nunavut Marine Policy Advisory Council established by NPC, NIRB, and NWB, with support from NWMB and NTI 2008 NMC Terms of Reference are developed 2010 NMC is formally established by NWMB, NPC, NIRB, and NWB 2012 NMC business case published 2015 NMC members begin to receive annual funding With the federal government having only recently committed to providing a small amount of annual funding to the Nunavut Marine Council for its work, the Council has been moving forward with refining its areas of focus and becoming an active player in marine management as envisioned by the Nunavut Land Claims Agreement. The current areas of focus for the Nunavut Marine Council include: Promoting awareness of issues affecting Nunavut’s marine areas, both to the general public as well as to government and other stakeholders; Reviewing existing or new policies and legislation which may affect marine areas and advocating for improvements where deemed necessary; and Providing feedback and advice on technical matters where our shared expertise and experience can be of assistance.

Key Issues and Topics Marine Protected Areas Climate Change Marine Infrastructure Key Issues and Topics Oil & Gas Development The Nunavut Marine Council has identified numerous issues of concern for the general public of Nunavut related to marine areas, many of which are associated with increasing development and the rapidly changing marine environment. Much of the community feedback provided can be separated into two overarching areas of public concern: ensuring appropriate management of potential impacts to the receiving environment from activities in marine areas, and ensuring opportunities for Nunavummiut to access and benefit from any approved activities and industries in a healthy marine environment. In response to community concerns related to proposed seismic surveys in Baffin Bay and Davis Strait, the Nunavut Marine Council recommended to the National Energy Board on May 2, 2014 that a strategic environmental assessment be conducted and results considered prior to the issuance of regulatory decisions in respect of seismic surveying and oil and gas exploration and development. We’re pleased to note that a strategic environmental assessment for this area will be initiated in the coming months, led by the NIRB. Marine Transportation Commercial Fisheries

www.nunavutmarinecouncil.com We are excited to announce that the Nunavut Marine Council has recently launched a new website online. The website is intended to provide access to the Council and its activities, while also providing a wide range of information on issues and initiatives related to Nunavut’s marine areas.

In summary, the NIRB is pleased to support the shared vision of a Hudson Bay Consortium as a means of addressing the long term health of the Hudson Bay ecosystem and the communities which rely upon it. In summary, the NIRB is pleased to support the shared vision of a Hudson Bay Consortium as a means of addressing the long term health of the Hudson Bay ecosystem and the communities which rely upon it.

Questions? Thank you for your time! Thank you very much for your attention. Ryan and I would be pleased to try to address any questions you may have.

05/10/2015 Contact Information Nunavut Impact Review Board (NIRB) c/o Ryan Barry, Executive Director P.O. Box 1360 Cambridge Bay, NU Toll Free: 1-866-233-3033 Fax: 1-867-983-2594 info@nirb.ca