Environmental Assessment Workshop

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Nunavut Impact Review BoardsRules of
ProcedureCordilleran Roundup 2007
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Outline

• Introduction to NIRB
• Introduction to Rules
• Development of Rules
• Major Parts of Rules (I-IV)
• Comments on Rules
• Process for submitting written representations
• NIRB Guides
• Questions on Rules and NIRBs Processes

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Introduction to NIRB

• Establishment under NLCA Article 12
• Functions
• Screen project proposals
• Gauge and define extent of regional impacts
• Review ecosystemic and socio-economic impacts of
  project proposals
• Determine, on the basis of its review, whether
  project proposals should proceed
• Monitor projects
• Primary Objectives To protect and promote the
  existing and future well being of the residents
  and communities of the Nunavut Settlement Area
  (NSA), and to protect the ecosystemic integrity
  of the NSA. Take into account the well being of
  residents of Canada outside the NSA

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NIRB Board Members
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Rules of Procedure
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Introduction to Rules

• The Rules establish NIRBs procedures for the
  conduct of Part 4 screenings and Part 5 reviews.
• Benefits
• Gives the Board control over setting its own
  procedures.
• Allow the Board to act consistently and in a
  manner that is fair to all parties.
• Communicate the procedures to be followed to the
  parties and their representatives, Board staff
  and new Board members.
• Allow the Board to impose negative consequences
  in a consistent and fair way if a party impedes
  the process by failing to comply with the
  procedures.
• Place the Board in a better position to defend
  its practices if challenged.

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Introduction to Rules

• NLCA 12.2.23
• NIRB after due consultation, may make and shall
  publish its by-laws and rules of procedure
  respecting
• NLCA 12.2.24
• In designing its by-laws and rules of procedure
  for the conduct of public hearings, NIRB shall
• Emphasize flexibility and informality, and,
  specifically
• allow, where appropriate, the admission of
  evidence that would not normally be admissible
  under the strict rules of evidence, and
• give due regard and weight to the tradition of
  Inuit oral communication and decision making and
• With respect to any classification of
  interveners, allow full standing to a DIO

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Development of Rules
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Part I General

• Describes
• Definitions
• how the Rules are applied to Part 4 screenings
  and Part 5 reviews
• how screening and review procedures may vary from
  the Rules
• how the Board may proceed if the Rules are not
  followed properly and
• how Parties shall request specific rules or
  orders (motions) of the Board during a proceeding.

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Part II Commencement of Proceedings

• Describes
• how Project Proposals shall be filed to start a
  screening
• how EISs shall be filed to start a Part 5
  review
• how all other documents shall be filed and
  distributed
• how submissions from the Public and Elders shall
  be filed
• how the public record is managed
• what general information is required of all
  documents filed
• how information is requested before a hearing,
  technical meetings and
• how public consultation shall be conducted.

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Proposed Amendment to Section 8.3 (V.1)

• 8.3 Upon receipt of a project proposal from an AA
  or from NPC for screening, the Board shall give
  notice to the proponent and affected AA that the
  NLCA Part 4 screening of the project proposal has
  commenced and the date by which the Boards
  screening determination and recommendation will
  be issued to the Minister.

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Proposed Amendment New Section 8.3.1 (V.1)

• 8.3.1 Where a project proposal does not meet the
  requirements of 8.1 or 8.2, the Board may request
  the approval of the Minister to extend the time
  period by which the Boards screening
  determination and recommendation will be issued
  to the Minister pursuant to 8.4.2.

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Part III Hearings

• Describes
• how the Board provides notice of a hearing
• how parties and the public shall participate in a
  hearing
• the purpose of the Pre-Hearing Conference
• how the Board shall conduct mediation meetings
• how the Board formulates issues
• how written questions to the proponent shall be
  managed

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Part III Hearings (Contd)

• how Board staff shall make submissions
• how site visits shall be scheduled
• how project proposals and documents shall be
  withdrawn
• how the Board shall proceed if a party is absent
• how the Board may adjourn a hearing
• how the Board accepts evidence and
• how the Board holds written hearings.

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Part IV Oral Hearings

• Describes
• how the Board determines and changes venue and
  schedules
• how documents shall be relied upon by parties
• how witnesses shall be summoned
• how transcripts and records of proceedings shall
  be managed
• translation requirements
• what evidence the Board will accept and
• how the record shall be closed.

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Comments on Rules

• EBA Engineering Consultants Ltd.
• 2.0 Definitions
• - Significance
• - Transboundary
• - Timeliness
• 9.0 Filing EISs
• - Pre-project consultation
• - Anticipated impact analysis
• - Significant effects analysis
• - Sustainability analysis

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Comments on Rules

• EBA Engineering Consultants Ltd.
• 10.0 Filing of Documents
• - Translations
• 43.0 Evidence
• - Inuit traditional knowledge
• 45.0 Evidence
• - Cross examination

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Process for Submitting Written Representations

• Deadline for submission of written representation
  is February 7, 2007
• Please submit via email to lpayette_at_nirb.nunavut.c
  a
• Following receipt of written representations
  Rules will be finalized for Board approval

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NIRB Guides

• The Nunavut Impact Review Board
• Terminology and Definitions
• Filing Project Proposals and the Screening
  Process
• Projects Exempt from Screening
• The NIRB Review Process
• 6a. NIRBs Public Awareness and Participation
  Programs The Review Process
• 6b. A Proponents Guide to conducting Public
  Consultation for the NIRB Environmental
  Assessment Process
• Preparation of Environmental Impact Statements
• Guide to NIRBs Monitoring Program

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QuanaThank you Questions on Rules
?NIRBs Processes ?