1. Recent Changes to Nunavut’s Regulatory System
Updates to NIRB processes and resources
Nunavut Mining Symposium, Iqaluit, 2016

2. “Ch-ch-ch-ch-changes, turn around and face the strange”
David Bowie ( ) 2

3. Nunavut
The NLCA establishes an integrated resource management system for the Nunavut Settlement Area
Before proposed developments can get the licences, permits and approvals needed to operate, they are required to satisfy the regulatory framework established by the Nunavut Land Claims Agreement.
The Nunavut Land Claims Agreement has been in effect since 1996 and established an integrated resource management system for the whole of the Nunavut Settlement Area, over 2 million square kilometres of land and marine waters rich in both natural resources (such as minerals) and renewable resources (such as wildlife).
Importantly, the Nunavut Land Claims Agreement established a requirement for the formation of a public government for Nunavut and five independent institutions of public government with a role in land and resource management.
These institutions were structured in a co-management fashion with representation from the Designated Inuit Organization, the Government of Nunavut and the Government of Canada. 3
Legislative basis

4. Land & Resources Dispute Resolution Wildlife Management
Land Use Planning
Impact Assessment
Water Use
Licencing
The Nunavut Wildlife Management Board was established to be the main instrument of wildlife management and the main regulator of access to wildlife.
A Nunavut Planning Commission was established to develop planning policies, priorities and objectives regarding the conservation, development, management and use of land. The NPC is Nunavut’s land use planning authority, preparing and implementing land use plans which guide and direct resource use and development.
The Nunavut Impact Review Board was established to assess the ecosystemic and socio-economic effects of proposed development projects, gauging and defining the extent of regional impacts to guide government approval processes.
The Nunavut Water Board was established as a licensing authority with responsibilities for the regulation, use and management of freshwater. The Water Board issues and administers water licences for municipalities and projects throughout the Territory.
And finally the Nunavut Surface Rights Tribunal was established as an independent mechanism for the resolution of disputes arising from access to surface land in Nunavut, and claims for compensation arising from loss or damage to wildlife, carving stone and other specified substances from development.

5. Nunavut’s Regulatory System
Development proposals must satisfy the requirements of:
Land use planning
Environmental Impact Assessment
Water Licensing
Focusing on the regulatory system applicable to resource development projects, we have:
Land Use Planning: which asks if a type of project is an acceptable land use?
Environmental Impact Assessment: 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: which establishes the parameters for the land and water use and associated enforcement provisions. 5

6. NIRB’s Role
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
Under this regulatory system the NIRB has been conducting environmental impact assessments since The Board is comprised of up to 9 board members and 24 staff positions at present, with our office located in Cambridge Bay, Nunavut.
The NIRB screens project proposals to determine whether or not a review is required, gauging and defining the extent of regional impacts by reviewing the ecosystemic and socio-economic impacts of project proposals.
The Board determines whether project proposals should proceed, and if so, under what terms and conditions, providing these recommendations to Government decision-makers. The NIRB also has a role in monitoring projects that have been screened or reviewed and approved to proceed.
The NIRB is somewhat unique for being mandated for Screening, Review and Monitoring functions, which are often carried out by separate boards in other jurisdictions, in addition to being the sole environmental assessment body for the entire territory of Nunavut.
Nunavut Settlement Area & Outer Land Fast Ice Zone
Transboundary Impacts 6

7. Nunavut’s Regulatory System
Nunavut Land Claims Agreement (Articles 10-13)
Nunavut Waters and Nunavut Surface Rights Tribunal Act
Nunavut Planning and Project Assessment Act
In addition to the Nunavut Land Claims Agreement, Nunavut’s regulatory system is further defined by two pieces of enabling legislation, the Nunavut Waters and Nunavut Surface Rights Tribunal Act which came into force in 2002, and the Nunavut Planning and Project Assessment Act which came into force in July 2015, making it one of the newest pieces of Canada’s environmental legislation.
These Acts clarify the roles and responsibilities of the NPC, NIRB, NWB and NSRT, requiring further coordination between respective processes to ensure an efficient, one-window approach for the consideration of development proposals.

8. NuPPAA 8 Nunavut Planning and Project Assessment Act
Project proposals submitted directly to NPC (“one-window approach”)
Public registry requirements
Language, privacy, access to information requirements
Timeline for NPC conformity review
Timelines for Ministerial Decisions
Enforcement provisions
Recognizing that the Nunavut Planning and Project Assessment Act or “NuPPAA” is the most recent change to Nunavut’s regulatory landscape, I thought I might touch on a few of the changes that are most directly relevant to the NIRB’s processes.
NuPPAA clarifies the existing process by making project proponents responsible for submitting their project proposals directly to the NPC for consideration, rather than having applications referred to the Commission by licensing and permitting agencies only when there is an approved land use plan in place. The Act also establishes new timelines, both for the NPC’s conformity review process and for the responsible Ministers when responding to recommendations and reports from the Commission and the Board.
The Act also comes with new public registry requirements for the Board and the Commission, and makes both organizations subject to the Official Languages Act, the Privacy Act and Access to Information Act. I’ll touch on the public registry requirements again a little later.
NuPPAA contains new enforcement provisions as well, with prohibitions for carrying out projects without receiving the appropriate approvals from the NPC or the NIRB, and for operating approved projects in contravention of the approval terms and conditions from either the NPC or the NIRB’s decisions. 8

9. ᐃᑲᔪᖅᑎᒌᓐᓂᖅ - Ikajuqtigiinniq
Coordination
Coordination between Nunavut IPGs and adjacent jurisdictions is made possible through the NLCA and associated legislation
Nunavut IPGs maintain regular contact and make efforts to meet as a group annually
NIRB, NPC, NWB and NWMB may also coordinate as a Nunavut Marine Council to provide advice and recommendations to government about issues affecting Nunavut’s marine areas
An integrated resource management system requires varying levels of coordination amongst the Nunavut Institutions of Public Government, which is ensured through specific legislative provisions and more practically through maintaining open lines of communication with one another. While each Board is kept extremely busy fulfilling their individual mandates, we do make efforts to communicate regularly and meet as a group at least annually to formally update one another and cost-share on training and other areas.
Given the importance of marine areas to the Inuit of Nunavut, the Nunavut Land Claims Agreement also included a provision allowing the NIRB, the Nunavut Planning Commission, Nunavut Water Board and Nunavut Wildlife Management Board to coordinate together as a “Nunavut Marine Council”. This further extends our individual mandates and allows for us to speak with one voice and provide advice and recommendations to Government regarding issues affecting Nunavut’s marine areas.
ᐃᑲᔪᖅᑎᒌᓐᓂᖅ - Ikajuqtigiinniq
“Working together for a common cause” 9

10. Coordination 10 Under the NuPPAA:
NPC will act as as the one window into the regulatory system
NIRB responsible for negotiating screening exemption agreements with Government for low-impact project types
NPC responsible for verifying whether project proposals are of a project type exempt from the requirement for screening
NPC can refer normally exempt proposals to NIRB for screening where there is a cumulative effects concern
Definition of “project” under NuPPAA and “project proposal” under NLCA not consistent, creating implementation challenges
Coordination is a key tenet of our system and our ability to meet challenges that come with operating in the arctic. The NIRB and the Nunavut Planning Commission have a long history of working well together which is a reflection of the level of coordination required by the NLCA and our very interconnected processes.
There is a clear threshold for what types of projects require impact assessment by the NIRB; there is also an ability for the NPC to refer typically exempt project types to the NIRB for impact assessment where a concern for potential cumulative effects exists. 10

11. Coordination
Coordination Agreement for Municipal Type A Water Licences
Detailed Coordinated Process Framework for major development projects
Initiate consideration of Type A Water Licence Application concurrently with NIRB Review of Environmental Impact Statement
Detailed plans submitted earlier by proponent, shorter overall EA/Licensing timeline
Greater potential for application for proposed amendments to major development projects
The NIRB and the Nunavut Water Board also have a long history of working well together. For example, the Boards have an agreement in place to allow for coordination in the assessment and consideration of Water Licences for larger municipalities requiring Type A water licences which must go through the NIRB’s Screening Process.
Several years ago the Boards also developed a “Detailed Coordinated Process Framework” guidance document which described a coordinated approach to the NIRB’s Environmental Assessment and the NWB’s Water Licencing processes. Essentially this level of coordination involves initiating consideration of the Water Licence Application for a project while the project is still undergoing Review by the NIRB. This is made possible by having detailed plans submitted earlier in the process by the proponent, leading to a shorter overall EA/Licensing timeline. This level of coordination is only undertaken at the request of a project proponent, but carries advantages for the Proponent, the Boards & Reviewers by coordinating commenting periods, reducing overlapping information requirements and encouraging more timely and efficient review of technical documentation. At this time we have several project proponents who have selected this coordinated approach for their development projects. 11

12. Participant Funding
Nunavut’s regulatory system does not have a participant funding program in place
Participant funding for impact assessments in Nunavut has been provided by the Minister on an ad hoc basis to date
Recent requests for participant funding have been denied
Creates potential disparity between public access to impact assessment in Nunavut and areas of Canada where the Canadian Environmental Assessment Act applies
NuPPAA allows for establishment of a participant funding program through regulations
The NIRB strongly believes that a well-designed program would increase access for Inuit organizations and community groups
Unlike the federal process under the Canadian Environmental Assessment Act, Nunavut’s regulatory system currently does not have a formal participant funding program in place.
This creates challenges to ensuring public access and engagement, particularly for small communities and groups that have limited resources and stand to be significantly affected by proposed development projects.
The previous government had chosen not to act on new provisions allowing a participant funding program to be established for Nunavut; we remain hopeful that the newly-elected government might choose to revisit this issue in the near future. 12

13. Online Resources
New public registry online – additional development underway
Further coordination with NPC/NWB sites planned
The NIRB seeks to address those challenges to the regulatory system that it can. We have recently updated our online presence through a re-launch of our website at The content on our site is fully available in English, French, Inuktitut and Inuinnaqtun and while there are a number of small improvements yet to be made, we are proud to host this very accessible new site.
Our website has been designed to be integrally linked to our brand new public registry system which was launched publically in February after several years of development. This new system will completely replace our existing ftp site for hosting our file specific public registries online.
The new registry site is a huge leap forward in helping us engage with the public and share information about our assessments and the monitoring programs. Each assessment has its own project page where all the relevant documentation can be accessed in an attractive interactive format, with information regarding the process and visual representation much more readily available than is possible through our previous ftp site.
We have established online application forms for project proponents while also providing a useful online resource for NIRB materials such as our guides, annual reports and links to other registry systems such as the systems under development by the Nunavut Water Board’ and the Nunavut Planning Commission. 13

14. Public Guides 14 Plain Language Public Guides
New Technical Guides for Proponents, Intervenors and Authorizing Agencies, Terminology Guide, Process Maps
Reflect process under NuPPAA
Anticipated release in April 2016
DRAFT
The projects subject to Environmental Impact Assessment by the NIRB are often of interest to the general public, as communities, groups and individuals living in Nunavut stand to be affected by the development proposed in their region.
The NIRB has a series of public guides available in English, French, Inuktitut and Inuinnaqtun which can be accessed online from our website and from local community organizations which we distribute hard copies to. These guides were completely revised recently to incorporate more plain language descriptions and illustrations to explain our processes and how to get involved.
For those individuals and groups who interact more extensively with the NIRB for the review of major development proposals, the NIRB is currently developing a new series of audience-specific technical guides to provide in-depth explanations regarding the Board’s Screening, Review and Monitoring processes. These technical guides are currently in draft form and are the subject of ongoing consultation to ensure that we maximize the utility of these resource materials for each intended user group. 14

15. Other Items 15 Screening Exemption Agreements
Previous agreements with Parks Canada, GN – Culture & Heritage, GN – Environment have been updated
Out for final review
Rules of Procedure require updating
Full consultation process planned
Development of Standardized EIS Guidelines under consideration
Would allow for entering regulatory process with Draft EIS
The NIRB has also been busy updating existing screening exemption agreements such that they are consistent with NuPPAA and can be adopted into Schedule 3.
The NIRB is intending to update its Rules of Procedure to bring them in line with NuPPAA and current practices. This will require a full consultative process, which we will be seeking supplemental funding to support.
Development of Standardized EIS Guidelines are also under consideration and could assist with further increasing certainty for developers regarding information requirements, prior to entering the regulatory process. 15

16. Conclusion
The NIRB is focusing on a number of initiatives designed to increase regulatory efficiencies:
screening exemption agreements, new technical guides, standardized EIS guidelines, updated Rules of Procedure
new website & public registry system
Implementation of new legislation (NuPPAA)
Precautionary approach and adaptive management techniques critical to impact assessments
Ensure good working relationships and improve coordination wherever possible
The regulatory system in Nunavut is well established and, with the recent introduction of new enabling legislation, is quickly maturing. The NIRB has recently chosen to focus on a number of important initiatives designed to recognize efficiencies, including: new technical guides, updated Rules of Procedure, standardized EIS guidelines, a revised website & new registry system, and increased coordination with the Nunavut IPGs and adjacent jurisdictions.
It is our belief that this will lead to increased certainty in process & information requirements for Industry while increasing our ability to address challenges to the regulatory system.
The NIRB continues to foster good working relationships with our partners in the regulatory system, with the public and with industry proponents. 16

17. Contact Info
Ryan Barry – Executive Director
Nunavut Impact Review Board
PO Box 1360
Cambridge Bay, NU
Toll Free:
Fax: 17