210212-08MN053-NIRB LTR Parties Re Draft Extended PH Agenda-OEDE
210212-08MN053-NIRB LTR Parties Re Draft Extended PH Agenda-OEDE
210212-08MN053-NIRB LTR Parties Re Draft Extended PH Agenda-OEDE
: 08MN053
NWB File No.: 2AM-MRY1325
QIA File No.: LUA-2008-008
DFO File No.: 2008 MR
February 12, 2021
Re: Procedural Direction and Draft Agenda for the Extension of the NIRB Public Hearing
for Baffinland Iron Mines Corporation’s “Phase 2 Development” Proposal
Dear Parties:
On January 25-February 6, 2021, the Nunavut Impact Review Board (NIRB or Board) held the
resumed in-person Public Hearing in respect of Baffinland Iron Mines Corporation’s (Baffinland
or Proponent) “Phase 2 Development”, a proposed amendment to the approved Mary River Project
(NIRB File No. 08MN053). On January 30, 2021, the Board received a written Notice of Motion
from the Ikajutit Hunters and Trappers Association which was read into the Public Hearing record
on February 1, 2021. The Motion requested an order by the Board to either extend the current
Public Hearing session or recess and reconvene at a future session. On February 2, 2021, the Board
partially granted the Motion and provided procedural direction orally to parties indicating that it
would be extending the Public Hearing sessions, tentatively scheduling additional sessions in
March 2021 pending confirmation of logistics.
The intention of the extension of the session is to facilitate an opportunity for the Board to hear
directly from the 7 potentially-affected North Baffin communities through a Community
Roundtable as well as providing parties an opportunities to ask limited follow-up questions from
their written submissions provided since the recess of the Public Hearing on February 6, 2021.
While in Pond Inlet, the Board held a Community Roundtable on Saturday February 6, 2021,
providing an opportunity for Pond Inlet community members as well as invited community
representatives from Pond Inlet to ask their questions to the Proponent, Intervenors and the Board.
At the extended Public Hearing session, the Board will be inviting five (5) community
representatives from each of the seven (7) affected communities: Pond Inlet, Igloolik, Hall Beach,
Arctic Bay, Clyde River, Resolute Bay and Grise Fiord. Further, the Board will be ensuring
community representatives from a broad demographic including women, Elders, youth, Hunters
and Trappers Organizations and Hamlets are in one venue to ask questions and provide comments
to the Proponent, Intervenors and the Board. Parties are hereby notified that the extension of the
Public Hearing is being scheduled from April 12-21, 2021 in Iqaluit, Nunavut as part of the
An oral Notice of Motion was received from the Mittimatalik Hunters and Trappers Organization
on January 30, 2021 requesting an order to have unlimited oral questioning from registered
Intervenors. In respect of this Motion, registered Intervenors, Baffinland and the Board who have
outstanding questions in relation to the presentations provided during the technical sessions
conducted during the Public Hearing are directed to prepare and provide these questions to
Baffinland or any of the other registered Intervenors in writing in English, Inuktitut or French, and
these submissions will be filed with the Board in written format pursuant to the Board’s Rules of
Procedure2, Rule 25.4. The written question submissions should be organized by topic as set out
below, and should list the party or parties to whom the question is directed. Baffinland is also
invited to file their written questions to any registered Intervenor at this time as well. The deadline
for Baffinland and the Intervenors to submit their written questions is Monday, March 1, 2021 at
3:00 pm MT and these questions will be entered as Exhibits in the Public Hearing Record. The
Board will be submitting their outstanding questions to Baffinland and registered Intervenors in
writing on March 10, 2021.
The presentations below were delivered during the January-February 2021 Public Hearing sessions
but with limited opportunity for questioning. As a result, parties will be able to pose all of their
outstanding questions on these topics in writing as outlined above.
• Baffinland Presentations:
o Updated Public Consultation, Inuit Qaujimaningit, and Alternatives Assessment
(Doc ID: 332549);
o The combined Atmospheric Environment, Freshwater Environment and Human
Health Assessment (Doc ID: 332555, 332552 and 332550);
o The Terrestrial Environment (Doc ID: 332551); and
o The Marine Environment (Doc ID: 332553).
The presentations below were delivered during the January-February 2021 Public Hearing sessions
but with no opportunity for questioning. As a result, parties will be able to pose all of their
1
In accordance with Section 12.8.2 of the Agreement between the Inuit of the Nunavut Settlement Area and Her
Majesty the Queen in right of Canada (Nunavut Agreement) and with s. 112 of the Nunavut Planning and Project
Assessment Act, S.C. 2013, c. 14 (NuPPAA).
2
NIRB’s Rules of Procedure dated September 3, 2009.
• Baffinland Presentations
o The combined Socio-Economic/Food Security Update (Doc ID: 332554); and
o Adaptive Management, Management Plans and Monitoring Program (Doc ID:
332556).
• Registered Intervenor Presentations:
o Qikiqtani Inuit Association (Doc ID: 332998 and 332999);
o Nunavut Tunngavik Incorporated (Doc ID: 332820 and 332821);
o Government of Nunavut (Doc ID: 332665);
o Crown-Indigenous Relations and Northern Affairs Canada (Doc ID: 332636 and
332700);
o Environment and Climate Change Canada (Doc ID: 332569 and 332709);
o Fisheries and Oceans Canada (Doc ID: 332568 and 332649);
o Health Canada (Doc ID: 332546, 332656 and 332657);
o Natural Resources Canada (Doc ID: 333120);
o Parks Canada (Doc ID: 332578, 332579, and 332697);
o Transport Canada (Doc ID: 332584, 332582 and 332583);
o Mittimatalik Hunters and Trappers Organization (Doc ID: 333006);
o Hamlet of Pond Inlet (Doc ID: 332702);
o Igloolik Working Group (Doc ID: 333005);
o Hamlet of Arctic Bay and the Ikajutit Hunters and Trappers Association (Doc ID:
333018);
o Hamlet of Sanirajak (Doc ID: 332564 and 332565);
o Sanirajak Hunters and Trappers Association (Doc ID: 332581 and 333008);
o Hamlet of Clyde River and the Nangmautaq Hunters and Trappers Association
(Doc ID: 333002 and 333003);
o Amaruq Hunters and Trappers Association (Doc ID: 333000 and 333001);
o Nunavut Independent Television Network (Doc ID: 333007);
o Oceans North (Doc ID: 332714 and 332670); and
o World Wildlife Fund (Doc ID: 332585 and 332688).
In order to allow parties time to adequately review submissions and provide fulsome responses,
those submitting questions and responses in writing are encouraged to keep their submissions
concise and prioritize their most important inquiries. The deadline for responses to written
questions directed to Baffinland and registered Intervenors is Monday, March 22, 2021 at 3:00
pm MT. Parties providing responses are reminded that to be considered as evidence by the Board
the responses must be provided by individuals who were sworn or affirmed to provide evidence
during the Public Hearing and continue to attest to the truth of the contents.
As this is the extension of proceedings from January-February 2021, the agenda will not cover the
entirety of Public Hearing agenda topics but, instead will highlight the two aspects of an oral Public
Hearing process as noted in the Board’s Rules of Procedure Rule 36.13. During a brief wrap up of
the technical session, parties will be invited to ask follow-up questions to the written questions
provided by parties since the recess of the Public Hearing on February 6, 2020. As public input is
essential to the Board’s assessment processes, the NIRB will again be requesting the nomination
of five (5) community representatives from each of the seven (7) potentially affected communities.
These designated Community Representatives will be able to ask questions to the Proponent,
Intervenors and the Board regarding the Community Roundtable. In order to help orientate
community representatives, the Proponent will deliver the brief overview presentation that was
provided on February 6, 2021 in Pond Inlet at the beginning of the Community Roundtable.
The Board requires that each intervenor ensure sufficient technical expertise is accessible
during the extended sessions of the Public Hearing, which may include evening sessions.
Parties are requested to bring (40) print copies of their question and response submissions filed
with the Board to provide to community roundtable participants.).
The NIRB has made the following logistical arrangements for the extended Technical session and
Community Roundtable session of the Public Hearing:
3
NIRB’s Rules of Procedure dated September 3, 2009.
It is critical that parties confirm the list of attendees representing their organizations as soon
as possible to ensure they will have the appropriate number of seats. Additionally, parties are
requested to provide a list of representatives for the party that wish to attend through the Zoom
link or teleconference options, including name, position and email address. Parties should also
indicate who will be their lead speaker for the Public Hearing and this information is
required on or before March 22, 2021.
MEDIA ACCESS
The NIRB is supportive of any planned efforts by public media outlets to cover or record the
proceedings and will ensure that media representatives are granted sufficient access to the meetings
to report accurately, while maintaining adherence to Public Health Orders. The NIRB has
established rules for recording of Public Hearing proceedings, and due to the COVID-19 protocols
will require all media outlets that wish to observe, to provide the NIRB with advance notice to
assist in minimizing all disruptions and plan for options should they wish to make either an audio
or video recording. As such, the NIRB would like to request that all media outlets that wish to
record proceedings during the Public Hearing (film, photograph, audio) request media access from
the Board on or before March 22, 2021.
February 26, 2021 Deadline for parties to provide comments and suggested revisions to the
Draft Agenda to NIRB (Appendix A) or request additional language
interpretation.
March 1, 2021 Deadline for parties to provide outstanding written questions on technical
presentations from the Proponent and Intervenors.
March 22, 2021 Deadline for parties to confirm attendance and lead speaker at the Hearing
and request by public media outlets to cover the proceedings.
The NIRB requires all parties provide the Board with the above noted materials within the
timelines provided. These materials are essential for the Board’s assessment of Baffinland’s Phase
2 Development Proposal and providing these materials in a timely manner ensures the Board and
all other parties are able to fully consider the materials for inclusion on the Public Hearing Record.
The Board also notes that as requested by the Qikiqtani Inuit Association during the January-
February Public Hearing, if parties’ wish to provide the Board with a written Final Statement, they
will be permitted to file their Final Statement in writing two weeks after the close of the in-person
session of the Public Hearing on May 6, 2021.
Parties are asked to direct all forthcoming submissions to the NIRB at info@nirb.ca. Should you
require clarification on the NIRB’s assessment of the “Phase 2 Development” proposal contact
Cory Barker at cbarker@nirb.ca or (867) 983-4607 or Keith Morrison, at (867) 983-4617 or via
email at kmorrison@nirb.ca.
Sincerely,
Karen D. Costello
Executive Director
Nunavut Impact Review Board
Times: All times given are approximate and the order of discussion topics are
subject to change at the NIRB’s discretion. Additional evening sessions
may be scheduled if deemed necessary to complete the agenda.
Note (1): Witnesses appearing on behalf of the Proponent and Registered Intervenors
have been sworn in/affirmed and Exhibits were marked during the Public
Hearing Sessions from January 25-February 6, 2021.
Note (2): All testimony will be recorded and transcribed by the Board and may also
be recorded by the media.
Day 2 - Tuesday, April 13, 2021 – Technical Sessions (including evening session)
Technical session (Continued from Day 1)
General Opening
1. Opening prayer
2. Opening Remarks by the Chairperson (20 minutes)
3. Roundtable of follow-up questions by Intervenors on Baffinland’s response to written
questions since the recess of the January- February 2021 Public Hearing sessions. Each
party who submitted written questions will be provided a total of 30 minutes to follow
up with respect to their questions in relation to any/all of the following topics.
Day 4 – Thursday, April 15, 2021 – Technical Sessions (including evening session)
Technical session (Continued from Day 3)
General Opening
1. Opening prayer
2. Opening Remarks by the Chairperson (20 minutes)
3. Follow up questioning of the Intervenors by Baffinland in relation to the presentations by
Register Intervenors in the January-February 2021 Public Hearing sessions (5 hours)
4. Questioning of the Proponent and Intervenors by the Board
5. Identification of Motions or Objections arising during the extended technical session
Close of Day 4
Day 5 – Friday, April 16, 2021 – Community Roundtable
General Opening
1. Opening prayer
2. Opening Remarks by the Chairperson (30 minutes)
Day 7 – Monday, April 19, 2021 – Community Roundtable (including evening session)
Community Roundtable Session (Continued)
General Opening
1. Opening prayer
2. Opening Remarks by the Chairperson (20 minutes)
3. Questioning of the Proponent and Intervenors by Community Representatives
4. Comments and Questions by attendees in Pond Inlet who have advised the Chairperson
that they wish to present.
Close of Day 7
DFO NTI – David Is Baffinland aware that DFO science in 2020 NARWHAL
Lee has recommended that the total allowable
landed catch for the Eclipse Sound stock be
reduced from 230 to approximately 117?”
Clarification required by DFO on this statement
after they are sworn in.
DFO Hamlet of Are invasive species increasing in Arctic? INVASIVE
Pond Inlet - Where are they coming from? Are they coming SPECIES
Joshua Arreak from the ballast water? Are they coming from
the bottom of the ship? How are they carried
into and out of our waters?
DFO & Hamlet of Are there any research studies by DFO on NARHWAL
other Pond Inlet - whale/narwhal blubber? Any by other regional
regional Mr. Koonark groups?
org. on
this item
Hamlet Pond Inlet “It says the final shipping season will be SHIPPING
Pond Public, Kaujak November 15 when Baffinland's ships make
Inlet, Komangunpik, their last trip. That will be my question. Will --
MHTO have you carefully -- has Baffinland carefully
reviewed the fact that November 15th will be
the final trip for shipping ore, and I wonder if
the people of Pond Inlet are fully aware of that
DFO Hamlet of Has DFO noted and impacts to cod fishery MARINE
Pond-Inlet from the project? ENVIRONMENT
DFO MHTO - “So for around two years there's a species of INVASIVE
unknown origin in the waters of Milne Port, SPECIES
and you're still not sure whether it's invasive.
So how can you be confident that your program
will be able to identify and respond rapidly to
prevent the establishment of potential aquatic
invasive species in the future?”
BIM: “I just want to point to the fact that we're
following an established framework that's been
endorsed by Fisheries and Oceans Canada who
has the oversight and management of this
within their mandate.”
BIM Hamlet of Can BIM provide audio records from the AUDIO
Sanirajak- Mr. devices in the bottom of the sea? RECORDS
Primeau MARINE
ENVIRONMENT
BIM Hamlet of “Could Baffinland provide in percentage terms DUST
Sanirajak- Mr. the estimated reduction in project dust that
Primeau would result from, one, the operationalization
of the Milne Inlet crusher and, two, the north
railway?”
DFO Mr. “I saw in the layer inside the seal's bladder; it INVASIVE
Panipakoocho was same sort of a worm that was on the screen SPECIES &
earlier. I couldn't -- it was -- maybe it was about BALLAST
1 centimeter long which was a worm which WATER
was alive and was inside the blubber of the
seal. Like, it was wiggling, and like part of the
blubber has been damaged.”
GN & Arctic Bay “and people tried to sell their fish and seal IMPACTS TO
QIA HTO – Mr. skins, how much would they sell them for? TRADITIONAL
Koonoo Have you done any of that stuff steady, with the ECONOMY
-- selling the -- what I just said?”