Northern Project Agreement for the AREVA Resources Canada Inc.’s Kiggavik Uranium Mine Project in Nunavut

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, IV, and V 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 the federal participation in relation to the environmental review and regulatory process, considering feedback from other parties. Parties will participate in a meeting organized by NPMO to discuss lessons learned during the review within three months following the completion of the NIRB processes. Another review will be conducted after the NWB and CNSC regulatory phase processes are complete. 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.

ARTICLE 12, PART 5 Environmental Review by the NIRB

The Parties^{Footnote 2} to the Agreement commit to the following activities in relation to the Environmental Review of the Project:

• Participate on the Kiggavik working group, coordinated by NPMO.
• Attend meetings with NPMO and other Parties (including the Proponent and territorial government), as appropriate.
• Review, analyze, and provide comment on the Draft Environmental Impact Assessment (DEIS)/ Final Environmental Impact Assessment (FEIS) and other information provided 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.
• 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).
• Seek to gather sufficient information from the Proponent to inform decision-makers with respect to NWB decisions.
• Participate in a hearing preparation session, organized by NPMO, in advance of the NIRB hearings.
• Participate in the public hearings process, as appropriate.
• With NPMO as the coordinator, the signatories to this agreement (and the Government of the Nunavut) will work together to review the Final Hearing Report, and discuss options for ministerial decision on the project (adopt the NIRB’s recommendation, refer the report back for further consideration; or, after consulting the NIRB, either adopt the report with modifications or reject it), and make an appropriate decision.
• With the Minister of AANDC as the lead, draft a response to the NIRB Final Report outlining the Responsible Ministers’ decision.
• if necessary, with the Responsible Ministers’ as the lead, participate in the further consideration process, as appropriate, with the NIRB.
• The NPMO will send the consolidated Government of Canada submission to the parties for approval prior to submitting it to the NIRB.

Regulatory Permitting

Federal Responsible Ministers commit to the following activities in relation to the regulatory permitting of the Project:

• Participate on the Kiggavik working group, led by NPMO.
• Participate in meetings with other federal and territorial authorities, and Inuit Organizations as appropriate.
• Participate in the CNSC and NWB review and provide expert advice with respect to their mandate and regulatory responsibilities, as appropriate.
• The NPMO will send the consolidated Government of Canada submission to the parties for approval prior to submitting it to the NWB.
• Advise NPMO, in advance, 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).
• Participate in the NWB and CNSC public hearings, as appropriate.

Federal authorities:

• Review applications and make a regulatory decision as outlined in Annex V.
• if necessary, undertake any additional required activities related to their mandate, regulatory responsibilities, and/or areas of interest including consulting with affected/potentially affected Aboriginal groups as appropriate to support a regulatory decision.
• Update NPMO on the progress of the regulatory review to ensure milestones (from Annex V) are tracked in the NPMO Tracker and that any consultation and accommodation records are provided for keeping in the official record of Crown consultation and accommodation.
• Ensure that terms and conditions within individual permits/authorizations/licences are consistent with the terms and conditions of the Project Certificate of the NIRB approved by the Responsible Ministers.
• Conduct site visits and inspections to support regulatory decisions, as required.

Areas of Expertise

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 Kiggavik public hearings as their primary avenue for consulting with Aboriginal groups and collecting information on project impacts to potential or established Aboriginal or Treaty rights.

2.0 The Federal Crown Consultation Process

The Crown’s approach to consultation 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. This work will be outlined in a Crown consultation 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 proposed, 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 additional engagement efforts of the Proponent or other party to meet the duty to consult.

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 potential or established Aboriginal and Treaty rights.

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.

3.0 Roles and Responsibilities of Parties

Participating federal departments and agencies hereto agree to work together to ensure a coordinated, whole-of-government approach to Crown consultation and accommodation activities in relation to the environmental review and regulatory permitting 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 and agencies, 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).
• Provide a one-window, single point of contact for Aboriginal groups on behalf of the Crown.
• 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.).
• 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, including the issues tracking table and records of activities undertaken by each department and agency.
• Lead, with input from other federal departments, the development of the Adequacy of 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 FM and RMs making a final decision on the NIRB’s Report.^{Footnote 3}
• 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).
• Assist in the coordination of 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^{Footnote 4} will:

• Contribute to the development and implementation of a Crown consultation plan for the Project.
• Participate in Crown consultation and accommodation activities, as appropriate, throughout the entire federal review (including in relation to the environmental review and regulatory permitting) 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 potential or established Aboriginal or Treaty rights during the environmental review and regulatory permitting.
• Contribute to the Crown consultation and accommodation record, including the tracking table to aid in follow-up efforts by including information that is not available on public domain or the NIRB ftp site.
• Contribute for compilation by NPMO into a single CCA report, their substantive assessment of the 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 during the regulatory process (if necessary).
• Ensure that adequate Crown consultation and accommodation has been conducted prior to making a regulatory decision(s).

Environmental Assessment

• Participate in NIRB process as identified in Annex I;
• Provide expert advice regarding its mandate, regulatory responsibilities and areas of interest, as required;
• Consult with affected or potentially affected Aboriginal groups, as described in Annex II;
• Work with FA, expert RMs, the Proponent and the Nunavut Territory Government to ensure implementation of mitigation measures and the design and implementation of a follow-up program and, where appropriate, accommodation of adverse impacts on potential or established Constitution Act s. 35 rights, as required.

Regulatory

• Prepare regulatory work plan;
• Participate in meetings with other federal/territorial authorities as appropriate;
• Participate in public comment periods, public notice and possible public consultations, as appropriate;
• Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and,
• Conduct site visits to support regulatory decisions, as required.

The following milestones represent the key activities associated with the regulatory process for the project and are not intended to reflect the entire workplan schedule associated with this project. The regulatory process and timing will be determined by the CNSC Commission within the context of the CNSC’s 24 month regulated timelines for new mine project decisions. Furthermore, these milestones may need to be adjusted as additional information is made available.

DEPARTMENT OF FISHERIES AND OCEANS

The following milestones occur after DFO has determined that an authorization under subsection 35(2) and/or section 32^{Footnote 5} of the Fisheries Act is likely required. DFO will then request that the Proponent submit an application for authorization as part of the regulatory review process (Step 1).

The Proponent will be required to provide appropriately detailed information associated with potential impacts on fish and fish habitat during the environmental review to support the NIRB’s determination of the significance of adverse impacts of the project on the environment or to be a cause of significant public concern. DFO will clearly identify these information requirements throughout the environmental review including in recommendations made to the NIRB on the Environmental Impact Statement (EIS) guidelines or terms of reference. DFO will only consider issuing an authorization under the Fisheries Act if the environmental review deems the project to be acceptable and if the impacts can be compensated, to the extent possible, by a fish habitat compensation plan.

NATURAL RESOURCES CANADA

TRANSPORT CANADA

TC requires that all of the information described in the Navigable Waters Protection Act (NWPA) application form for a review under the NWPA be submitted during the environmental review to confirm whether there is a NWPA trigger. TC may also require information and permits under the Canada Shipping Act, 2001 (CSA, 2001). In order to meet the regulatory timelines set out in this Agreement for a review under the NWPA, the information described in the NWPA application form must be submitted to TC at the latest, concurrent with the submission of the FEIS, and the Navigation Impact Assessment (NIA) has to be completed as a component of the review.

ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT CANADA (AANDC)

AANDC has regulatory and statutory responsibilities under the Nunavut Waters and Nunavut Surface Rights Tribunal Act and its regulations, and the Territorial Lands Act and is Regulations and acts as a Responsible Minister (RM) AANDC will be responsible for ministerial approval of the Type-A Water License. Water Licenses are issued by NWB, while Land Use Permits are issued by AANDC and other respective land owners (if it is not on Crown lands). Furthermore, AANDC is responsible for administering mineral tenure, surface leases and quarry permits that are on Crown lands. Mineral tenure is administered by the Mining Recorder’s office, surface leases are administered by the Land Administration Office. The following are major milestones that are to be accomplished with the appropriate leads and service standards that would apply.