Northern Project Agreement for the Agnico-Eagle Mines Ltd.'s Meliadine Gold Mine Project in Nunavut

Table of contents

1.0 Introduction

The Government of Canada recognizes that timely, predictable and transparent environmental assessments and regulatory reviews of major resource and regional infrastructure projects are key attributes to effective assessment and mitigation of potential environmental effects, while protecting the health and safety of Canadians and supporting a positive investment climate across Canada. In the territories, the Northern Projects Management Office (NPMO) was established to help facilitate these objectives by coordinating federal participation and activities throughout the environmental assessment/environmental impact review and regulatory permitting process.

Federal departments and agencies with regulatory responsibilities in the three territories have signed a Memorandum of Understanding Defining Terms and Scope of Cooperation between Federal Departments, Agencies and the Northern Projects Management Office for Coordination of Northern Projects (the "MOU"). The MOU outlines the manner in which federal departments work cooperatively to improve the consistency, efficiency and effectiveness of the regulatory system in the territories. This Northern Project Agreement (the "Agreement") will support coordination activities carried out by all federal participants on the Meliadine Gold Mining Project (the "Project") in relation to the environmental review, regulatory permitting, and Crown consultation and accommodation with Aboriginal peoples ("Crown consultation and accommodation").

2.0 Purpose

The purpose of this Agreement is to clearly articulate the roles, responsibilities, and commitments of each of the federal departments or agencies signatory to the Agreement (the "Parties") in relation to the environmental review, regulatory permitting, and Crown consultation and accommodation for the Project.

3.0 Nature of Agreement

The signatories to this Agreement commit to work together to facilitate effective, accountable, transparent, timely and predictable participation by federal departments and agencies in relation to the environmental review and regulatory permitting of the Project, including Crown consultation and accommodation.

This Agreement is designed to be a publically accessible document that coordinates federal activities as a Project advances through the environmental review and regulatory permitting. It is not intended to be legally binding.

This Agreement is to be interpreted in a manner consistent with all applicable statutes, regulations, and rules of natural justice and does not create any new legal powers or duties, or fetter in any way the jurisdiction, powers and duties of the Parties.

For further clarity, the Agreement shall be read together with the Annexes, which form part of this Agreement.

4.0 Regulatory Review Process

The environmental review process is governed by Article 12 of the Nunavut Land Claims Agreement (NLCA), which established the Nunavut Impact Review Board (NIRB). Following an initial screening by NIRB and recommendation that the project proposal be subject to a public review, the Project was referred to the NIRB for review under Article 12, Part 5 of the NLCA. The NIRB reviews the proposal to determine whether the project proposal should proceed, and if so, under what terms and conditions. This Agreement acknowledges and respects that the environmental review process is managed by the NIRB and that most timelines during the review are established by the NIRB and may be subject to change at the discretion of the Board. The timelines during the decision phase of the review are set by the relevant federal departments.

The regulatory permitting processes are managed in part by the Nunavut Water Board (NWB), governed by the Article 13 of the NCLA, and in part by the authorizing departments or agencies. Each of the federal regulatory authorities must manage the regulatory permitting process in accordance with its governing legislation and policies, but also may be required to modify timelines to coordinate with the NIRB process.

5.0 Project Description

The Proponent proposes to build, operate and decommission an underground and open-pit gold mine and processing facilities near Meliadine Lake, Nunavut, approximately 25 kilometres north of Rankin Inlet. Mining is proposed on six gold deposits on the property. Open-pit mining is proposed for the Tiriganiaq, Pump, Wolf and Discovery deposits using surface-mining methods. Underground mining proposed for the Tiriganiaq deposit, and a combination of open-pit and underground mining scenario is proposed for the Wesmeg and F zone deposits. A mill will be built on the site. Gold will be transported off-site via air to the Royal Canadian Mint. The anticipated mine life is 10 years. If approved, this would be the second operating gold mine in the territory by the same company.

The scope of the project review includes:

On May 3, 2011, the Kivalliq Inuit Association (KivIA) referred the Project to the NIRB for screening pursuant to Article 12 of the Nunavut Land Claims Agreement (NCLA).On May 4, 2011 the NIRB formally received Agnico-Eagle Mines' Meliadine Gold Mine Project Proposal. On June 8, 2011, the NIRB received a positive conformity determination from the Nunavut Planning Commission (NPC) for the project. On September 13, 2011, the Minister of Aboriginal Affairs and Northern Development accepted the NIRB's recommendation that the Meliadine Gold Mine Project requires a public review under Part 5 of Article 12 of the Nunavut Land Claims Agreement. On February 20, 2012, the NIRB issued the EA Guidelines for Agnico-Eagle Mines Ltd's preparation of an Environmental Impact Statement for the Meliadine Gold Mine Project.

Under Section 12.10.2(b) of the NCLA, the NIRB approved on February 20, 2012 the exception of Agnico-Eagle Mines Ltd's 23.8 km all-weather access road from the NIRB's ongoing review of the Meliadine Gold Mine Project.

6.0 Roles and Responsibilities

The following federal departments and agencies have an identified interest in the Project:

For greater clarity, all departments and agencies listed above may have responsibilities related to any Crown consultation and accommodation, where required, that arises for the Project.

Further information regarding the roles and responsibilities of the Parties is provided in the Annexes.

7.0 Aboriginal Crown Consultation and Accommodation

The Government of Canada is committed to undertaking a process of early, effective and meaningful consultation with Aboriginal groups including the Regional Inuit Organization and the Designated Inuit Organizations concerning contemplated Crown conduct that may adversely impact potential or established Aboriginal or Treaty rights under section 35 of the Constitution Act, 1982.

The Parties will use the existing environmental review process, including the NIRB community meetings and public hearings' process, as their primary avenue for consulting with Aboriginal groups and collecting information on potential Project impacts to potential or established Aboriginal or Treaty rights. Through the environmental review and regulatory permitting process, the NPMO will manage the official record of Crown consultation for the Project including an analysis of the issues tracking table, and will work with other Federal departments and agencies to coordinate Crown consultation and accommodation, including identification and resolution of issues, as needed. Crown consultation and accommodation roles and responsibilities are identified in Annex II of this Agreement.

8.0 Service Standards

Service standards are identified in this Agreement to promote accountable and transparent participation of the Parties in relation to the environmental review and regulatory permitting of the Project. It is recognized that the timelines in relation to the environmental review and regulatory phase of the project are set by the NIRB and the NWB respectively and are subject to change. The service standards outlined in this Agreement are designed to ensure Parties work together to meet the Boards' deadlines. The responsible Minister's have also identified service standards they will meet in relation to the permitting phase of the Project. Service standards are outlined in Annexes III and IV.

9.0 Administration

Reporting Progress

The activities and service standards set out in this Agreement, subject to any amendments, will provide the basis against which the NPMO will monitor the progress of the federal involvement in relation to the environmental review and regulatory permitting. NPMO will report on the progress of the Project as necessary through the Major Projects Deputy Ministers' Committee, and will inform other federal departments involved in the Project of the updates.

Project milestones identified in Annexes III and IV will be uploaded and tracked on the NPMO Tracker to provide publicly accessible monitoring of the progress of federal activities in relation to the environmental and regulatory review.

Issue Resolution

The Parties will use their best efforts to resolve any differences of opinion in the interpretation or application of this Agreement in an effective and timely manner.

Issues involving multiple federal departments relating to the environmental review or regulatory permitting of the Project will be resolved through direct discussions and collaboration between the involved parties, supported by NPMO.

Should issues remain outstanding, NPMO will refer them to the appropriate senior level committee.

Post Review Evaluation

NPMO will lead the design and implementation of an evaluation to determine the effectiveness of Federal participation in relation to the environmental review and regulatory process. Parties will participate in a meeting organized by NPMO to discuss lessons learned during the review within three months following the completion of the NWB process. The level of effort and format of the evaluation will be appropriate to the scale of the issues encountered.

Amendments

One or more of the Parties may recommend to NPMO whether a change in relation to the environmental review, the regulatory permitting, or the Project warrants an amendment to this Agreement. Where there is agreement among the majority of Parties that an amendment is warranted, and where such amendment is considered significant, NPMO, on behalf of the Parties, will provide the proposed amendment to the Major Projects Deputy Ministers' Committee for consideration. If a Party requires an amendment to their own specific regulatory Annex, they may bring the proposed changes to NPMO for incorporation into the Agreement, without agreement from the other Parties.

Amendment of the Agreement shall not cause the participation of federal departments and agencies in the environmental review and regulatory permitting to stop with respect to any Agreement-related activities that might be ongoing at the time the amendment is identified.

10.0 Signatories

The Parties hereto have signed the Agreement, in counterpart, on the dates indicated below.

Original signed by
Patrick Borbey
President
Canadian Northern Economic Development Agency
February 02, 2013
Date
Original signed by
Michael Wernick
Deputy Minister
Aboriginal Affairs and Northern Development Canada
March 13, 2013
Date
Original signed by
Bob Hamilton
Deputy Minister
Environment Canada
January 11, 2013
Date
Original signed by
David Bevan
A/Deputy Minister
Fisheries and Oceans Canada
January 9, 2013
Date
Original signed by
Serge Dupont
Deputy Minister
Natural Resources Canada
January 11, 2013
Date
Original signed by
Marie Lemay
Associate Deputy Minister
Infrastructure Canada
(on behalf of Louis Lévesque, Deputy Minister of Transport, Infrastructure and Communities)
January 9, 2013
Date

Annex I: Roles, Responsibilities and Expertise in relation to the Environmental Review and Regulatory Permitting Processes

Article 12, PART 5 Environmental Review

The Parties to the Agreement commit to the following activities in relation to the Environmental Review of the Project:

  • Participate on the Meliadine working group, led by NPMO.
  • Attend meetings with NPMO and other Parties (including the Proponent and the territorial government), as appropriate.
  • Review, analyze, and provide comment on the Draft Environmental Impact Statement (DEIS)/Final Impact Environmental Statement (FEIS) and other information provided by to the NIRB, as appropriate.
  • Provide expert advice to the NIRB with respect to their respective mandates, regulatory responsibilities, and areas of interest throughout the review, as appropriate.
  • Coordinate requests for information from the NIRB (including information requests and technical reports) in advance of the deadline, by sharing them with other departments and agencies to ensure consistency in messaging, and no duplication, gaps or overlap. NPMO will be responsible for compiling them into a single Government of Canada submission.
  • The NPMO will send the consolidated Government of Canada submission to the Parties for approval prior to submitting it to the NIRB.
  • Seek to gather sufficient information from the Proponent to inform decision-makers with respect to regulatory permitting.
  • Advise NPMO of any potential federal requests to the NIRB that could impact the timelines associated with the review process (i.e. requests for additional information or timeline extensions)
  • Participate in a hearing preparation session, organized by NPMO, in advance of the NIRB public hearings, as appropriate.
  • Participate in the public hearings, as appropriate.
  • With NPMO as the coordinator, the responsible Ministers will work together to: review the Final Report, including any mitigation measures; evaluate the options for responding to NIRB (accept the Board's determination; reject the Board's determination; or refer the report back for further review); and make an appropriate decision.
  • With the Minister of AANDC as the lead, draft a response to the NIRB Report outlining the responsible Ministers' decision.

Regulatory Permitting

The responsible Ministers commit to the following activities in relation to the regulatory permitting of the Project:

Nunavut Water Board (NWB) Process:

  • Participate on the Meliadine working group, led by NPMO.
  • Participate in meetings with other Federal and territorial departments, and Inuit organizations as appropriate.
  • Participate in the NWB review and provide expert advice with respect to their mandate and regulatory responsibilities, as appropriate.
  • Coordinate submissions, by sharing them and discussing content with other departments and agencies, prior to them being filed with the NWB. NPMO will coordinate and be responsible for compiling them into a single, Government of Canada submission. The NPMO will send the consolidated Government of Canada submission to the Parties for approval prior to submitting it to the NWB.
  • Advise NPMO, of any potential federal requests to the NWB that could impact the timelines associated with the review process (i.e. requests for timeline extensions, requests for additional information)

Federal authorizations:

  • Review applications and make a regulatory decision as outlined in Annex IV.
  • If necessary, undertake any additional required activities related to their mandate, regulatory responsibilities, and/or areas of interest including consulting with affected/potentially affected Inuit groups as appropriate to support a regulatory decision.
  • Update NPMO on the progress of the regulatory review to ensure milestones (from Annex IV) are tracked in the NPMO tracker and that any consultation records are provided for keeping in the official record of Crown consultation and accommodation.
  • Ensure that the terms and conditions of the NIRB project certificates are implemented in accordance with their authorities and jurisdictional responsibilities.
  • Conduct site visits and inspections to support regulatory decisions as required.

Areas of Expertise

Department/Agency Areas of Expertise/Interest
AANDC
  • Wastewater treatment (Interest)
  • Hazardous material handling and storage (Interest)
  • Closure and reclamation planning
  • Environmental assessment best practices
  • Cumulative effects analysis
  • Socio-Economic Impact Assessment and Monitoring
  • Advice on Aboriginal consultation and accommodation (HQ)
  • Tailings management (Interest)
Environment Canada
  • Wildlife, including:
    • Migratory birds
    • SARA species (terrestrial)
    • Biodiversity
    • Habitat conservation
    • Wetlands
  • Water quality
  • Acid rock drainage
  • Waste and effluent management
  • Mine design alternatives
  • Air quality
  • Hazardous waste management
  • Hydrogeology
  • Solid waste management
  • Environmental emergencies and spill contingency planning
Fisheries and Oceans Canada
  • Fish habitat
  • Fish passage
  • Fish health and mortality
  • Aquatic ecosystems
  • SARA species (aquatic)
Natural Resources Canada
  • Permafrost and terrain conditions
  • Geotechnics
  • Geology
  • Minerals and metals science
  • Manufacturing and storage of explosives
Transport Canada
  • Right to Navigate
  • Transport of Dangerous Goods (TDG)
  • Aviation safety, marine safety and security

Annex II: Crown Consultation and Accommodation: Approach and Associated Roles and Responsibilities

1.0 Context

The Government of Canada consults with Aboriginal people for reasons of good governance, sound policy development and decision-making, as well as legal reasons. The legal duty to consult is grounded in section 35 of the Constitution Act, 1982, which recognizes and affirms "existing Aboriginal and Treaty rights."

The Crown has a duty to consult, and where necessary accommodate, when the Crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights. Federal departments and agencies commit to working together to develop a coordinated approach to Crown consultation and accommodation that will ensure the duty to consult is met. The Parties will use the consultation efforts of the Proponent, the existing environmental review process, and the Meliadine public hearings as their primary avenue for consulting with Aboriginal groups and collecting information on project impacts to established or potential Aboriginal or Treaty rights.

2.0 The Federal Aboriginal Crown Consultation Process

The Crown's approach to consultation and accommodation will be consistent with Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011). Federal departments and agencies will work collaboratively, as the Crown, to assess roles and responsibilities and ensure that their process fulfills the Crown's duties to consult and, where appropriate, accommodate any project impacts on potential or established Aboriginal or Treaty rights. NPMO will manage the consultation process. This work will be outlined in a Crown consultation work plan that is developed by NPMO, in collaboration with the other Parties. Best efforts will be made to ensure that the timeframe for Crown consultation and accommodation activities coincides with key milestones and processes, but it is important to acknowledge that timeframes may diverge based on consultation and accommodation requirements.

When Crown conduct is contemplated, federal departments and agencies, led by NPMO, must assemble information to assess whether the Crown has a duty to consult, determine the scope of that duty, and design a consultation and accommodation process. The Crown will use and rely on, where appropriate, existing consultation and accommodation mechanisms such as the environmental review and regulatory permitting processes, to support decision-making and will assess, as necessary, if additional consultation and accommodation activities are required. The Crown will also take into account, to the extent possible, any engagement efforts of the Proponent or other party to meet the duty to consult.

Aboriginal groups consulted may change over time based on information received during the course of the assessment and information received from Aboriginal Groups, as may the level of consultation and accommodation activities undertaken by the Crown.

Following receipt of the NIRB's Final Hearing Report, Federal departments and agencies will need to assess the adequacy of consultation prior to the responsible Ministers making a decision on the NIRB Report. Coordinated by NPMO, responsible Ministers will review the consultation record, and, determine whether all issues have been addressed, or work to resolve any that are outstanding. Should additional concerns be brought up during the regulatory process, further assessment of the adequacy of consultation will have to be completed. When accommodation is appropriate, the Crown, coordinated by NPMO, will monitor and determine whether identified measures have reasonably addressed concerns regarding potential adverse impacts on established or potential Aboriginal and Treaty rights.

3.0 Roles and Responsibilities of Parties

Participating Federal departments and agencies agree to work together to ensure a coordinated approach to Crown consultation and accommodation activities in relation to the environmental review and regulatory permitting/licensing process.

The NPMO will act as CCC in relation to the environmental review and regulatory permitting, and will:

  • Lead, with input from other federal departments, the development and implementation of a Crown consultation plan that is consistent with the Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011)
  • Coordinate, and provide logistical support, as necessary, to federal departments and agencies when they consult with potentially impacted Aboriginal groups (i.e. ensure all departments/agencies are aware when a consultation meeting is planned; help organize venues etc.)
  • Coordinate the Crown's identification of potentially affected Aboriginal groups and preliminary assessment of the scope of the Crown's duty study to consult.
  • Monitor Crown consultation and accommodation activities and processes to ensure they meet the objectives of the agreed-upon consultation work plan.
  • Compile, house and maintain the official record of Crown consultation and accommodation for the Project, which will include records of activities undertaken and provided to NPMO by each department and agency.
  • Coordinate the development of the Crown Consultation Assessment (CCA) report which includes compiling the responsible ministers' and regulatory authorities' substantive input on the adequacy of their consultation obligations. The CCA must be complete prior to the responsible Ministers making a final decision on the NIRB's Report.
  • Following completion of the CCA, lead, with input from departments and agencies, the drafting of a Government of Canada response to potentially impacted Aboriginal groups outlining how any outstanding issues will be addressed (if necessary).
  • Coordinate outstanding consultation and accommodation activities during the regulatory process if more than one federal department or agency is involved.
  • Document lessons learned.

Responsible Ministers and Regulatory Authorities will:

  • Contribute to the development and implementation of a Crown consultation work plan for the Project
  • Participate in Crown consultation and accommodation activities, as appropriate, throughout the entire federal review (including during and after the environmental review) in areas relevant/appropriate to their mandates and areas of statutory and policy responsibility
  • Inform NPMO and provide summaries of any interactions with Aboriginal groups (outside of the public review and regulatory permitting process)
  • Work together to encourage Aboriginal groups to make their concerns known about the Project's potential impacts on their established or potential Aboriginal or Treaty rights during the environmental review and regulatory permitting/ licensing
  • Represent the Crown during consultation and accommodation activities and ensure any issues raised by the Aboriginal groups that are relevant to their mandate are addressed
  • Contribute to the Crown consultation and accommodation record, including the tracking table to aid in follow-up efforts
  • Contribute, for compilation by NPMO into a single CCA report, their substantive assessment of adequacy of their consultation and accommodation obligations. The CCA must be complete prior to the responsible Ministers making a final decision on the NIRB's Report.
  • Following completion of the CCA, with NPMO as the lead, support the drafting of a response to the potentially impacted Aboriginal groups on how any outstanding issues will be addressed (if necessary).
  • Address any additional concerns that are raised by Aboriginal groups within departmental mandate during the regulatory process, if necessary.
  • Ensure that adequate Crown consultation and accommodation has been conducted prior to making a regulatory decision(s).

Annex III: Key Federal Milestones and Service Standards in relation to the Environmental Review

Milestone Activities/Description Lead Support or other agencies Federal Service Standard
* Indicates a milestone that is not the responsibilities of the federal government and that is only shown to provide context to the environmental review process.
i.e. Information Requests NIRB issues information requests* NIRB N/A Complete
Submission of information requests to the NIRB Federal Departments & Agencies NPMO Meet NIRB's deadline
Proponent response to information requests* Proponent N/A N/A
i.e.Technical Reports Submission of technical report to NPMO for compilation into a single, Government of Canada response Federal Departments & Agencies NPMO Three business days prior to NIRB's deadline
Submission of technical reports to the NIRB NPMO Federal Departments & Agencies Meet NIRB's deadline
Public Hearings Participation at preliminary hearing conference* Federal Departments & Agencies NPMO/DOJ Date set by the NIRB
Federal hearing preparation and mock hearing NPMO Federal Departments & Agencies Two weeks prior to final hearing date
Participation at the public hearings Federal Departments & Agencies NPMO Hearing date set by the NIRB
Final written submission (if necessary) Federal Departments & Agencies (if necessary) NPMO (if necessary) Meet NIRB's deadline for submission (if necessary)
i.e.Final Report and Minister's Response NIRB submits their Report of environmental review to the Federal Minister* NIRB N/A N/A
Federal Ministers' decision regarding the Board's Report of the environmental review AANDC Responsible Ministers and NPMO 90-150 days from issuance of NIRB's Report (except for possible Crown consultation and accommodation activities

Annex IV: Roles, Responsibilities and Milestones for Authorizing Agencies in relation to the Regulatory Process

Note: The following milestones represent the key activities associated with the regulatory review process and are not intended to reflect the entire workplan schedule associated with the project. The milestones may need to be adjusted as additional information is made available.

Department of Fisheries and Oceans (DFO)

The following milestones occur after DFO's determination that an authorization under subsection 35(2) and/or section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review.

Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided during the environmental review to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO's input to the Environmental Impact Statement (EIS) guidelines or terms of reference.

Step Milestone Activities / Description Lead Service Standard
1. Liaise with the Proponent regarding requirements under the Fisheries Act Liaise with the Proponent regarding proposed activities that could require an authorization under the Fisheries Act DFO Ongoing
2. Receipt of an application for a subsection 35(2) and/or section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under subsection 35(2) and/or the destruction of fish under section 32 of the Fisheries Act.

The application must be complete and should be supported by (as part of the authorization or in the Project Proposal) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a subsection 35(2) authorization (if it is determined that one is appropriate).
Proponent Dependent upon timing of the submission of the application by the Proponent but ideally the application will be submitted prior to the end of the NIRB's review.
3. Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the DEIS/FEIS for adequacy and responds to the Proponent and the NIRB as part of DFO comments on the draft EIS. DFO also reviews the FHCP, if it has been submitted.

Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review.

DFO During the NIRB process as described in Annex I
4. Receipt of additional information related to fish, fish habitat and the FHCP DFO receives additional information from the Proponent, likely through responses to Information Requests Proponent Dependent upon timing of submission of the additional information by the Proponent.
5. Review, respond, and request for additional information, if required DFO reviews any additional information submitted during the review including any additional information related to fish, fish habitat and the FHCP, if applicable.

DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA.
DFO During the NIRB process as described in Annex I
6. Determination of adequacy of information for EA review and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat.

DFO informs the NIRB whether information is sufficient to support the determination relative to the significance of environmental effects as needed for the review. DFO also describes any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation.

DFO During the NIRB process as described in Annex I
7. Federal Minister and Responsible Ministers' Decisions Ministers determine whether to allow the project to proceed.

If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.

Federal Minister & Responsible Ministers During the NIRB process as described in Annex I
8. Crown consultation and accommodation Coordinated by NPMO with other federal departments, DFO will follow the Crown consultation work plan (as outlined in Annex II) throughout the environmental review and regulatory processes, and, if necessary, will undertake additional Crown consultation and accommodation activities based upon results of consultation undertaken during the review. DFO As outlined in Annex II with any additional activities identified by DFO, as necessary. Consultation and accommodation would be ongoing until duty has been met to the satisfaction of the Minister of Fisheries and Oceans.
9. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a subsection 35(2) Fisheries Act authorization. Proponent Dependent on timing of the submission by the proponent
Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. DFO
10. Review and respond regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made.

Sufficient information is required before authorization can be issued.
DFO Within 30 days of receipt of the information by DFO.

If multiple information requests are required, DFO will respond within 15 days of the proponent responding to the previous request.
11. Issuance of subsection 35(2) and/or section 32 Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made.

Sufficient information is required before authorization can be issued.
DFO Within 30 days of receipt of the information by DFO.

If multiple information requests are required, DFO will respond within 15 days of the proponent responding to the previous request.

Natural Resources Canada

Step Milestone Activities / Description Lead Service Standard
1. Submission of an application for an Explosives Act Licence The Supplier compiles information and submits an application to NRCan for a Licence under the Explosives Act paragraph 7(1)(a) for an explosives factory and/or magazine. Explosives Supplier selected by the Proponent Determined by the Proponent and its Explosives Supplier; may not occur until late in the Project.
2. Review of the application NRCan reviews the Explosives Supplier's application to ensure that all of the required information is included. NRCan

If the application is complete, require 30 days to review and process the application and issue the Explosives Act Licence.

3. Request for clarification or additional information If there are aspects of the application that are unclear or additional information is required, NRCan will request clarification or additional information from the Explosives Supplier. NRCan Within 15 days of receipt of the application.
4. Resubmission of a complete application for an Explosives Act Licence Explosives Supplier resubmits a completed application for an Explosives Act Licence. Supplier Dependent on the Explosives Supplier.
5. Review Supplier's revised application NRCan continues its review of the application, which includes clarifications or additional information requested. NRCan Within 30 days from receipt of revised application.
6. Make regulatory decision (Issuance of an Explosives Act Licence)

NRCan makes decision to issue a licence under the Explosives Act for an explosives factory(ies) and/or magazine(s).

NRCan Within 30 days from the receipt of all necessary information to form a complete application (as per User Fees Act performance standard commitments).

Transport Canada

Within 30 days from the receipt of all necessary information to form a complete application (as per User Fees Act performance standard commitments).

Step Milestone Activities / Description Lead Service Standard
1. Liaise with the Proponent regarding potential works in regards to impacts on navigability Inform proponent that any works within a navigable waterway may require an approval under the NWPA TC Ongoing
2. Issuance of Decision Document pursuant to YESAA

Where YESAB's ExComm issues a recommendation, each decision body must consider it and issue a decision document.

If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.
Lead federal Decision Body As per Annex II: Crown consultation and accommodation approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards for the environmental socio-economic assessment.
3. Submission of NWPA application(s), including information required to process applications under the NWPA, for each proposed work

Provide TC with a completed application for each proposed work, no later than the time of submission of the PP.

Proponent The application should be submitted during the ESA process, ideally no later than the submission of the PP.
4. Determination and comment on NWPA application(s)

Review application package and information/plans for adequacy to support NWPA review.

Make information request to proponent within the ESA Adequacy Stage (or, if necessary, during the ESA Screening Stage) if the information is insufficient for assessment purposes.
TC 8 weeks after application submission.
5. Review Fisheries Habitat Compensation Plan for potential impacts to navigation

Review of Fisheries Habitat Compensation Plan for potential impacts to navigation and provide comments to DFO.

TC/DFO

Within 2 weeks of receiving the draft FHCP.

6. NIA process - on-site inspection(s)

Complete on-site NIA of the Project, site and waterway(s).

TC

Within one complete navigation season following submission (site inspections can only be conducted during open water season).

7. Notice to the Proponent to advertise pursuant to the NWPA s. 9, if required

Provide the Proponent with advertisement package pursuant to NWPA s. 9.

TC

Within 3 weeks of completed initial on-site inspection and following the assessment of navigational issues arising from any changes to the Project due to ESA issues.

Should be 3 months prior to the proposed construction date as determined by the proponent and based on substantial or non substantial interference.
8. Deposit and advertise, if required Deposit "Final Plans" and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and/or the Canada Gazette as directed by TC. Provide proof of deposit and advertising to TC. Proponent Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in s.9(3) or 9(4) of the NWPA.
9. Crown Consultation and accommodation Coordinated by NPMO with other federal departments, TC will follow the Crown consultation work plan (as outlined in Annex II) throughout the ESA and regulatory process, and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister. TC As per Crown Consultation work plan.
10. Address public comments and issues raised by Aboriginal groups regarding the Project's potential impact on navigation Through the ESA process and the additional NWPA proponent advertising requirements, should TC receive concerns from the public or Aboriginal groups regarding navigation, the Proponent and TC will work together to resolve concerns.

Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works.

TC will facilitate public comment process if required.
Proponent and TC To be completed within two months of completion of advertisement process.
11. Resubmission of NWPA application(s),if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent

Determined by the Proponent, if required.

12. Final application review process

Consistent with the Minister's decision above, perform a final review of all information on file, including technical information and public comments.

TC 4 weeks – following the receipt of any required additional information (section 3) and any necessary site inspection, public consultation and advertising.
13. Make regulatory decision Make regulatory decision under NWPA. TC

Within 90 calendar days after the Minister's decision if the NWPA application(s) submitted no later than the time of submission of the ESA. The regulatory decision will be contingent on

  1. The discharge of any legal Aboriginal consultation and accommodation obligations associated with the approval(s).
  2. Mitigation of public concerns to the satisfaction of the Minister of Transport.
Ongoing approvals may be issued as the development progresses, due to the restrictions with commencement and completion dates.
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