Northern Operations – Guide to
Permits and Approvals
An overview of Permits and Approvals in the Beaufort Sea and
Mackenzie Delta region of the Northwest Territories
May, 1999
Northern Operations – Guide to
Permits and Approvals
An overview of Permits and Approvals in the Beaufort Sea and
Mackenzie Delta region of the Northwest Territories
May, 1999
DISCLAIMER: This report has been prepared for the Department of Fisheries and
Oceans. While it is believed that the information contained herein is reliable under the
conditions and subject to the limitations set out, Peter Devenis and Associates do not
guarantee its accuracy. The use of this report or any information contained herein will be
at the user’s sole risk, regardless of any fault or negligence of Peter Devenis and
Associates.
Northern Operations – Guide to Permits and Approvals
TABLE OF CONTENTS
SECTION 1 – INTRODUCTION:
Note to Users ................................................................................................................. 1
Introduction ................................................................................................................... 2
SECTION 2 – AGENCIES AND ORGANIZATIONS
Agencies and Organizations Overview ........................................................................... 4
Mackenzie Valley Resource Management Act ................................................................ 4
Canadian Environmental Assessment Act....................................................................... 5
Inuvialuit Organizations ................................................................................................. 7
Gwich’in Organizations.................................................................................................. 8
Co-Management: Government / Inuvialuit Agencies....................................................... 9
Co-Management: Government / Gwich’in Agencies ......................................................10
Key Federal Government Agencies ...............................................................................11
SECTION 3 – PERMITS AND APPROVALS
Permits and Approvals – General Requirements ............................................................13
Gwich’in Land and Water Authorization .......................................................................14
Inuvialuit Lands Authorization ......................................................................................22
Environmental Impact Screening Committee .................................................................24
Approval to Drill a Well (ADW) ...................................................................................26
Drilling Program Authorization .....................................................................................27
Authority to Conduct a Geotechnical or Engineering Feasibility Program......................29
Geological Operation Authorization ..............................................................................30
Geophysical Operation Authorization............................................................................32
Authority to Conduct an Environmental Study...............................................................34
Authority to Conduct a Seabed Survey ..........................................................................35
Authority to Undertake a Diving Program .....................................................................36
PLGA Lease..................................................................................................................37
Lease (Territorial Lands Act) – Crown Land .................................................................38
Land Use Permit – Crown Land ....................................................................................39
Water Licence – Crown Land........................................................................................41
Quarrying Permit – Crown Land ...................................................................................42
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Northern Operations – Guide to Permits and Approvals
Explosives Use Licence.................................................................................................43
Dredging Licence ..........................................................................................................45
Ocean Dumping Permit .................................................................................................46
Navigable Waters Licence .............................................................................................48
SECTION 4 – SAMPLE APPLICATION FORMS
List of Sample Application Forms .................................................................................51
SECTION 5 – APPENDICES
1. Definitions & Abbreviations
2. Key Contacts
3. Reference Documents and Legislation
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Northern Operations – Guide to Permits and Approvals
Important Note to Users:
This document has been prepared for convenient reference only. This document does not
substitute for legal advice or direct contact with a regulatory agency, department or board.
It has no official sanction. For all purposes of interpreting and applying the law, and the
land claims agreements, consult the Acts passed by Parliament and the land claim
agreements themselves. Specific regulators should be contacted to discuss how a particular
piece of legislation would apply to a project, or how the legislation is administered.
The Northwest Territories is home to many aboriginal people that maintain strong links to the land.
Companies are strongly encouraged, even in the absence of any regulatory requirement, to:
§
§
§
contact local communities and aboriginal groups before starting work,
develop and maintain an ongoing relationship and,
explore ways of involving the community and aboriginal people and businesses in your project
This is not just a common courtesy; it is the cornerstone of successful operations in the North.
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Northern Operations – Guide to Permits and Approvals
INTRODUCTION
This guide has been prepared to assist Department of Fisheries and Ocean’s personnel to better
understand the various regulatory permits, approvals, applications and notifications required for
exploratory operations in the Beaufort Sea, and Mackenzie Delta regions.
This is a guide only. For more complete information, the reader should consult the referenced
publications, appropriate legislation and identified contacts for the applicable department or
organization.
Section 2.0 gives an overview of the various agencies and organizations as well as describing the
general approvals each is responsible for.
Section 3.0 lists the general requirements of some of the key permits and approvals from the:
§ National Energy Board
§ Inuvialuit Lands Administration
§ Gwich’in Land and Water Board
§ Inuvialuit Environmental Impact Screening Committee
§ Inuvialuit Environmental Impact Review Board
§ Indian Affairs and Northern Development
§ Environment Canada
Section 4.0 provides sample application forms for some of the key permits and approvals discussed
The Appendices include Definitions and Acronyms used in the document; Key Agency Contacts
for follow-up and a list of Reference materials and legislation cited
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Northern Operations – Guide to Permits and Approvals
SECTION 2 – AGENCIES AND ORGANIZATIONS
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Northern Operations – Guide to Permits and Approvals
AGENCIES AND ORGANIZATIONS
Introduction
Dramatic changes have occurred over the past fifteen years in the jurisdictional framework for land
resources, land use and development in the Northwest Territories. These changes are primarily a
result of:
federal legislation revisions;
the creation of Nunavut;
the finalization of Aboriginal land claim agreements; and
The devolution of responsibilities from the federal to the territorial governments.
Jurisdictions will further change as these initiatives continue. Within the Northwest Territories the
responsibilities vary based on the particular land claim agreements involved. Described below are
some the key changes introduced over the last five years.
MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
The Mackenzie Valley Resource Management Act (MVRMA) implements obligations under the Gwich’in
Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement.
The MVRMA establishes processes for land use planning, land use and water use regulation, environmental impact
assessment, and environmental monitoring and audit. These processes are to be implemented through institutions
of public government i.e., boards.
Following the passage of the MVRMA, new resource management boards are up and running in
the Gwich'in and Sahtu settlement regions, and the Mackenzie Valley Environmental Impact
Review Board is active throughout the Mackenzie Valley. Part IV of the MVRMA establishing the
Mackenzie Valley Land and Water Board is expected during 1999. Given start up of a new
regulatory regime, oil and gas companies operating in all parts of the Mackenzie Valley are advised
to allow as much time as is practical for full consultation with local communities and for obtaining
regulatory approvals for land use and water.
Geographical area
The “Mackenzie Valley'' is defined as the area in the Northwest Territories bounded by:
Inuvialuit Settlement Area to the north
Nunavut Settlement Area to the east
Yukon Territory to the west
60th parallel of latitude on the south (excluding Wood Buffalo National Park)
Institutions of public government
The MVRMA establishes co-management boards as institutions of public government in the Mackenzie Valley.
These boards provide for an integrated and coordinated system of land and water management. They are designed
to enable residents in the Mackenzie Valley, as well as other Canadians, to participate in the management of
resources for their benefit. The boards are:
Regional Land Use Planning Boards
The Gwich’in Land Use Planning Board is responsible for preparing and implementing a land use
plan within the Gwich’in Settlement Area. The Sahtu Land Use Planning Board is responsible for
preparing and implementing a land use plan within the Sahtu Settlement Area. Each board’s land
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Northern Operations – Guide to Permits and Approvals
use plan will deal with the conservation, development and use of land, waters and other resources
in their settlement area.
Following the approval of a land use plan, each board will monitor its implementation and consider
applications for exceptions to the plan.
Regional Land and Water Boards
The Gwich’in Land and Water Board regulates the use of land and waters and the deposit of waste
in the Gwich’in Settlement Area, and the Sahtu Land and Water Board regulates the use of land
and waters and the deposit of waste in the Sahtu Settlement Area. Each board’s objective is to provide for the
conservation, development and utilization of land and water resources for the optimum benefit to the residents in
their settlement area and the Mackenzie Valley. Both boards are preliminary screeners in their respective settlement
areas.
These boards are responsible for functions previously performed by the Department of Indian Affairs and
Northern Development and the Northwest Territories (NWT) Water Board.
Mackenzie Valley Land and Water Board
This board, like the regional land and water boards, is a preliminary screener and it regulates all uses of land or
waters or deposits of waste in the Mackenzie Valley where a development will likely have an impact:
in more than one settlement area
in a settlement area and an area outside any settlement area
wholly outside of any settlement area
This board is responsible for functions previously done by the Department of Indian Affairs and
Northern Development and the NWT Water Board.
Mackenzie Valley Environmental Impact Review Board
The Mackenzie Valley Environmental Impact Review Board (Review Board) conducts
environmental assessments and environmental impact reviews in the Mackenzie Valley. The
Review Board must ensure the impact of proposed developments on the environment receive
careful consideration before actions are taken in connection with them.
The Review Board takes on a role previously completed by federal departments and agencies.
CANADIAN ENVIRONMENTAL ASSESSMENT ACT
The MVRMA establishes the Review Board as the main instrument of EIA in the Mackenzie
Valley. The Canadian Environmental Assessment Act (CEAA) no longer applies in the Mackenzie Valley except under
prescribed circumstances related to environmental impact review (EIR) or some transboundary developments. The
CEAA also continues to apply during the transitional period as the MVRMA is promulgated.
The following sections outline the various Inuvialuit, Gwich’in and government agencies which
regulate land and resource management in the Mackenzie Delta region of the Northwest
Territories. Details on each permit/approval are provided in Section 3.
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Northern Operations – Guide to Permits and Approvals
INUVIALUIT ORGANIZATIONS
(Administer approvals and licenses for the Inuvialuit Settlement Region. Developments in the
Region may require approval from both to ILA and a Federal Government Agency (i.e. DIAND))
Community Corporations (CC)
In each of the 6 communities
Review application with comments on potential impacts and business opportunities
Can request IRC to refer application to EISC
Inuvialuit Regional Corporation (IRC)
Representatives from the 6 CC's
Promote Inuvialuit economic opportunities
Administer Inuvialuit lands through ILA
Can refer application to EISC
Inuvialuit Land Administration (ILA)
All applications for land use, ROW, leases processed by ILA
Key contact is ILA administrator
ILA inspectors review applications and assure compliance
Inuvialuit Land Administration Commission (ILAC)
Review applications sent to ILA
Can refer application to EISC
Inuvialuit Development Corporation (IDC)
Business entity for Inuvialuit
Joint ventures with developers as result of participation agreements
Community Hunters and Trappers Committees (HTC)
Each community has a Committee
Review all applications for potential wildlife impacts
Can refer application to EISC
Inuvialuit Game Council (IGC)
Reps from Hunters and Trappers Committees
Advise government on wildlife management
Can refer application to EISC
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Northern Operations – Guide to Permits and Approvals
GWICH’IN ORGANIZATIONS
(Administer approvals and licenses for the Gwich’in Settlement Region)
Gwich'in Tribal Council (GTC)
The Gwich’in Tribal Council represents the 2,400 Gwich’in beneficiaries
It co-ordinates the efforts of the Gwich'in Councils in Inuvik (Nihtat Gwich'in Council), Fort
MacPherson (Teetl'it Gwich'in Council), Aklavik (Ehdiitat) and Tsiigehtchic (Gwich'ya
Gwich'in Council)
They are responsible for making sure the Gwich’in Land Claim is implemented
Gwich'in Development Corporation
Is the economic arm of the Gwich'in Tribal Council and has two objectives:
To invest in viable businesses in the region and elsewhere; and,
To provide employment, training and business opportunities for Gwich'in
Gwich'in Land and Water Board (GLWB)
Is responsible for regulating land and water use throughout the Gwich'in Settlement Area,
including crown and Gwich'in private lands
GLWB will amend, issue or renew land use permits and water licences, and set terms and
conditions for the use of land and water in the Gwich’in Settlement Area
The GLWB controls development practices through the process of land use permitting and water
licencing. These functions were given to the Gwich’in Land and Water Board from the
Department of Indian Affairs and Northern Development (DIAND) with the passing of
Mackenzie Valley Resource Management Act
This Act directs the GLWB to take into account environmental and social impacts of proposed
developments. In conducting reviews of applications the Board has the responsibility to
involve affected communities, the Gwich’in Tribal Council, co-management boards, and
appropriate government agencies
The GLWB is also directed to use traditional knowledge in making decisions. The Board’s
permitting and licencing process:
- directly involves communities and all other appropriate groups, and
- uses both traditional and scientific knowledge about the physical and social environment
for decision-making Renewable Resources Board
Gwich’in Renewable Resources Board
The main instrument of wildlife management in the settlement area. The Board shall act in the
public interest
Gwich’in Land Administration
Gwich’in Land Administration is responsible for managing the private Gwich’in lands in the
Gwich’in Settlement Area
Surface Rights Board
Surface Rights Board shall have jurisdiction over matters relating to surface entry and
compensation
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Northern Operations – Guide to Permits and Approvals
CO-MANAGEMENT: GOVERNMENT / INUVIALUIT AGENCIES
(Comprised of Inuvialuit and Federal Government members)
Joint Secretariat
Administrative support to joint boards created by Inuvialuit Agreement (EISC, EIRB)
Contact for information on environmental screening and review process
Contact for IGC
Environmental Impact Screening Committee (EISC)
Review all development proposals for Settlement Region to assess environmental impacts
May refer proposals to existing federal environmental review agencies or to the EIRB
Environmental Impact Review Board (EIRB)
Review applications referred by the EISC that have potential impacts
Reviews are formal and public
Wildlife Management Advisory Council (NWT and North Slope)
Advise government on wildlife management and harvesting. additional members from territorial
governments
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Northern Operations – Guide to Permits and Approvals
CO-MANAGEMENT: GOVERNMENT / GWICH’IN AGENCIES
(Comprised of Gwich’in and Federal/Territorial Government members)
Regional Land Use Planning Boards
The Gwich’in Land Use Planning Board is responsible for preparing and implementing a land use
plan within the Gwich’in Settlement Area. The board’s land use plan will deal with the
conservation, development and use of land, waters and other resources in their settlement area
Following the approval of a land use plan, the board will monitor its implementation and consider
applications for exceptions to the plan
Mackenzie Valley Land and Water Board
This board, like the regional land and water boards, is a preliminary screener and it regulates all
uses of land or waters or deposits of waste in the Mackenzie Valley where a development will
likely have an impact:
in more than one settlement area
in a settlement area and an area outside any settlement area
wholly outside of any settlement area
This board is responsible for functions previously done by the Department of Indian Affairs and
Northern Development and the NWT Water Board
Mackenzie Valley Environmental Impact Review Board
The Mackenzie Valley Environmental Impact Review Board (Review Board) conducts
environmental assessments and environmental impact reviews in the Mackenzie Valley. The
Review Board must ensure the impact of proposed developments on the environment receive
careful consideration before actions are taken in connection with them
The Review Board takes on a role previously completed by federal departments and agencies
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Northern Operations – Guide to Permits and Approvals
KEY FEDERAL GOVERNMENT AGENCIES
National Energy Board (NEB)
Administer federal government approvals relating to oil & gas exploration
Issue oil and gas rights for non Inuvialuit / non Gwich’in lands
On Inuvialuit and Gwich’in lands, federal approvals not issued unless application screened
Department of Indian Affairs and Northern Development (DIAND)
Administer Federal Crown lands in the territories and offshore
Issue land use permits for non Inuvialuit / non Gwich’in lands
Provide inspection services for Gwich’in lands
Environment Canada, Environmental Protection Service (EPS)
Administer Ocean Dumping Permits
Department of Fisheries and Oceans (DFO)
Administer Explosives Use Licenses for offshore operations and inland waters
Transport Canada, Canadian Coast Guard (CCG)
Administer Navigable Waters Licenses for any development that may interfere with navigation
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Northern Operations – Guide to Permits and Approvals
SECTION 3 – PERMITS AND APPROVALS
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Northern Operations – Guide to Permits and Approvals
PERMITS AND APPROVALS – GENERAL REQUIREMENTS
GENERAL REQUIREMENTS
The following sections outline the permit and approval responsibilities of the various Inuvialuit,
Gwich’in and government agencies which regulate land and resource management in the Beaufort
Sea and Mackenzie Delta region of the Northwest Territories.
SPECIAL NOTE:
Readers are advised that key ILA regulations, guidelines and permits are presently being reviewed
with draft revisions expected to be circulated in the fall of 1999.
Likewise, it is also expected that some of the key NEB Northern regulations, guidelines and
permits are also likely to be reviewed and updated.
A Review of the Canadian Environmental Protection Act is underway and recommendations are
expected to be tabled with respect to the Ocean Dumping Permit Fee Regulations. These are
anticipated to specifically address changes to fees to enable recovery of costs for environmental
monitoring at ocean sites.
With the advent of the Mackenzie Valley Resource Management Act (MVRMA), transition
towards the Gwich’in approval process continues in the Mackenzie Valley.
The Canadian Environmental Assessment Act (CEAA) continues to apply within Crown and
Inuvialuit lands – with the Environmental Impact Screening Committee (EISC) and Environmental
Impact Review Board (EIRB) serving as lead screening agents. Readers are advised to consult with
CEAA and the process of transition from CEAA to the MVRMA.
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Northern Operations – Guide to Permits and Approvals
PERMIT:
GWICH’IN LAND AND WATER AUTHORIZATION
Any type of activity or development on Gwich’in lands requires Gwich’in approval.
Approving Agency:
Gwich’in Land and Water Board (GLWB)
Company Operation:
All weather or winter road construction, airstrips, seismic exploration,
pipeline construction, and onshore exploratory wells. All access to
Gwich’in lands, other than casual and individual recreation, requires a
Licence, Lease, Permit or Right-of-Way with the Gwich’in Land and
Water Board (GLWB)
To provide for conservation, development and use of the land and water
resources in the Gwich'in Settlement Area in a manner that will provide
the optimum benefit for present and future residents of the Settlement
Area, the Mackenzie Valley and for all Canadians. The Gwich'in Land
and Water Board (GLWB) is responsible for regulating land and water
use throughout the Gwich'in Settlement Area, including crown and
Gwich'in private lands. GLWB will amend, issue or renew land use
permits and water licences, and set terms and conditions for the use of
land and water in the Gwich’in Settlement Area.
.
Mackenzie Valley Resource Management Act (MVRMA)
Mackenzie Valley Land Use Regulations (MVLUR)
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
SCHEDULE 2 (Subsection 19(2) of Mackenzie Valley Land Use
Regulations) INFORMATION IN SUPPORT OF AN APPLICATION
FOR A LAND USE PERMIT
SCHEDULE III (Subsection 6(1) North West Territories Water
Regulations) APPLICATION FOR WATER LICENCE,
AMENDMENT OF LICENCE OR RENEWAL OF LICENCE
GSA Water Licence & Land Use Permit Application Process Gwich’in
Land and Water Board
REVIEW PERIOD OR SUBMISSION TIME:
42 days from receipt of application
INFORMATION REQUIRED:
As per notes and Process guide
APPROVAL PROCESS:
As per notes and Process guide
NOTES LAND USE PERMITS:
Land use permits are issued under the authority of the MVLUR. For this reason, the applicant
should become familiar with these regulations before completing an application for a land use
permit
The applicant should pay special attention to how long it takes to process applications
The application should be submitted early enough to allow the minimum processing time and thus
preventing any delays in the commencement of a land use operation. In the Gwich’in
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Northern Operations – Guide to Permits and Approvals
Settlement Area most land use permits will take from 30-42 days from the date application is
received to the date of issuance
All land use permit applications are subject to preliminary screening pursuant to the Mackenzie
Valley Resource Management Act and Regulations. It may be of assistance to the applicant to
contact the GLWB for further elaboration or information
Use the following time frames as a guide in allowing sufficient time for processing of the
application and the issuance of a land use permit
Permit Type
Class “B”
Within 15 Days
May not be the case
Within 42 days
12 Months or More
If staff needs more time to
If the application is
consult
considered Class “A”
Class “A”
N/A
Staff decides to issue a
Application referred to a
permit or order a public
public hearing, more
hearing, or more studies
studies, or the Mackenzie
or refer to Mackenzie
Valley Environmental
Valley Environmental
Review Board.
Review Board for review
Note: The 42 day time frame in relation to Class “A” permits will not begin until the a hearing is
conducted, or more studies have been conducted, or the Mackenzie Valley Environmental Impact
Review Boards’ review is completed.
NOTES WATER USE LICENSE:
Water licences are issued under the authority of the Northwest Territories Waters Regulations. For
this reason, the applicant should become familiar with these regulations before completing an
application for a water licence
The applicant should pay special attention to how long it takes to process applications. The
application should be processed early enough to allow the minimum processing time and thus
preventing any delays in the commencement of the undertaking. In the Gwich’in Settlement
Area most water license applications will take from 30-40 days from the date of application
acceptance to the date of issuance
All water licence applications are subject to preliminary screening pursuant to the Regulations.
Contact the GLWB for further elaboration or information on preliminary screening
Use the following time frames as a guide in allowing sufficient time for processing of the
application and the issuance of a water use licence
Permit Type
Class “B”
Class “A”
Within 42 days
Staff issues a Class “B” water license
Staff will make a decision to issue a permit
or order a public hearing, or more
studies, or refer to Mackenzie Valley
Environmental Impact Review Board
for review
12 Months or More
If the application is considered Class “A”
If more studies are required or the
application is being reviewed by the
Mackenzie Valley Environmental
Impact Review Board
COST OF PERMIT:
Land Use fees are payable on actual land used to complete the land use operation including
existing lines, cleared areas, campsite, access routes, drill sites, etc. as follows:
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Northern Operations – Guide to Permits and Approvals
The first two (2) hectares are free. Over two (2) hectares are charged at the following rates: Within
the Gwich’in Settlement Area- $ 50.00/ha (2.47 acres)
Land use fees are payable at the time of application based on the estimated number of hectares
required for the land use operation. Any adjustment of fees for actual hectares used for the
operation will be adjusted when the final plan is submitted and verification completed. For
reference there are Guideline booklets available through the Department of Indian Affairs &
Northern Development at the Regional or District offices which describe proper land use
practices for various types of operations (i.e. quarrying, roads and trails, mineral exploration,
seismic, hydrocarbon well sites, reclamation). There is also a booklet entitled Natural Resource
Development in the NWT: Requirements, Procedures and Legislation.
PROCESS OVERVIEW:
The GLWB controls development practices through the process of land use permitting and water
licencing. These functions were given to the Gwich’in Land and Water Board from the Department
of Indian Affairs and Northern Development (DIAND) with the passing of Mackenzie Valley
Resource Management Act.
This Act directs the GLWB to take into account environmental and social impacts of proposed
developments. In conducting reviews of applications the Board has the responsibility to involve
affected communities, the Gwich’in Tribal Council, co-management boards, and appropriate
government agencies. The GLWB is also directed to use traditional knowledge in making
decisions. The Board’s permitting and licencing process:
directly involves communities and all other appropriate groups, and
uses both traditional and scientific knowledge about the physical and social environment for
decision-making.
The Gwich'in Land and Water Board is located in Inuvik, on the second floor of the Chief Jim Koe
Building.
Gwich’in Settlement Area Water Licence & Land Use Permit Application Process
Numbers correspond to “GLWB Application Process Chart”.
1) What are the applicants’ responsibilities in the process?
Applicants applying for either a water licence or a land use permit must fill out the appropriate
application form provided by the Gwich'in Land and Water Board (GLWB). Applicable water or
land use fees should also accompany the application upon submission.
The total time period for processing land use permits is 42 days and may be longer for water
licences. The attached “Time Line Diagram”, outlines how long each step of the permitting process
takes. Additional information requirements are listed in the following paragraphs
Water Licence Application
Water licence application forms are from Schedule III of the Northwest Territories Waters
Regulations (NTWR). Additional information (plans) may be required if the proposed undertaking
consists of:
a dam
a storage reservoir
a water course crossing
a camp, lodge, municipality or settlement
industrial or mining and milling activities
deposit of waste
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Northern Operations – Guide to Permits and Approvals
handling, storage and disposal of petroleum products or hazardous materials
abandonment and temporary closing
Land Use Permit Application
Land use permit application forms are from Schedule 2 of the Mackenzie Valley Land Use
Regulations (MVLUR). A preliminary plan (map) must be included along with the application that
shows:
Lands proposed to be used and estimation of area
Location of lines, trails, and rights-of-way (Should include cleared areas proposed to be used in
operation)
New lines, trails, and rights-of-way
Proposed construction or use of buildings, structures, campsites, air landing strips, air navigation
aids, fuel and supply storage sites, waste disposal sites, excavations, and other works
The location of bridges, dams, ditches, railroads, transmission lines, pipelines, survey lines,
monuments, historical and archaeological sites, burial grounds, air landing strips, and
watercourses and any other feature (i.e., trap-lines and cabins)
2) Land Ownership/Access
Applicants will be responsible for finding out if the proposed undertaking/operation is on Crown,
Territorial, Municipal, or Gwich’in private lands. A letter of intent must be obtained by the
applicant from the appropriate landowner when the undertaking/operation is within their
boundaries. If the undertaking/operation is on Gwich’in private lands, the applicant must negotiate
with Gwich’in Land Administration for right of entry and royalties. A copy of the agreement
between the applicant and Gwich’in Land Administration must be submitted along with the
application. For more information on the administration of Gwich’in private lands contact
Gwich’in Land Administration in Aklavik at (867) 978-2340.
3) Application Reviewed for Completeness
Once the land use or water licence application is received, it is checked by the Board’s staff for
completeness. The GLWB will only accept and process complete applications. Fees will only be
collected for complete applications. Staff may request additional information and data concerning
the proposed use of lands or waters. The information will be used to evaluate quantitative and
qualitative impacts of the land or water use. The applicant is required to provide the information if
requested.
4) Gwich’in Land Use Planning Board
Staff at the GLWB will determine if the proposed undertaking conforms to the Land Use Plan for
the Gwich’in Settlement Area. If there is any question whether a proposed activity conforms to the
Land Use Plan, GLWB staff will refer the application to the Gwich’in Land Use Planning Board.
Their decision is final with respect to conformity. The Gwich’in Land Use Planning Board may
consider Exceptions or Amendments to the Land Use Plan. For more information on the Land Use
Plan or these options, contact the Gwich'in Land Use Planning Board in Inuvik at (867) 777-3506.
5) GLWB Staff Responsibilities
Acknowledgement and Notice
Once an application is accepted a letter of acknowledgement is sent to the applicant and a copy of
the application is sent to the Mackenzie Valley Environmental Impact Review Board and the
Mackenzie Valley Land and Water Board. At this time staff will also register the application in the
public registry database. GLWB will publish a Notice of Application in News North and a local
newspaper. The notice is published for ten days to allow for concerns to be raised. Publishing
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Northern Operations – Guide to Permits and Approvals
notices is a way for the GLWB to let the public know they have received an application for water
or land use. The public can make representations to the GLWB (before deadline) should they have
any concerns with the application.
Determining whether an Application is Type A or B
There are Type A and B water licences and land use permits. Type A licences/permits are for larger
operations and Type B licences/permits are for smaller operations. Upon accepting an application,
the GLWB will determine whether an application is Type A or B.
In determining whether a water licence application is Type A or Type B, the GLWB will apply
Schedules IV through VIII of the NWT Waters Regulations:
Schedule IV – Criteria for Industrial Undertakings
Schedule V – Criteria for Mining and Milling Undertakings
Schedule VI – Criteria for Municipal Undertakings
Schedule VII – Criteria for Power Undertakings
Schedule VIII – Criteria for Agricultural, Conservation, Recreational and Miscellaneous
Undertakings
To determine whether a land use permit application is Type A or Type B the GLWB will refer to
the Mackenzie Valley Land Use Regulations. These regulations detailing Type A and Type B land
use activities are found in the table below:
Activity
Use of Explosives
Class A
More than 150 kg in any 30 day
period
Use of vehicles or machinery
Vehicles weighing more than 10
tonnes
Using a container to store
petroleum fuel, Or establishing
fuel storage facilities
Fuel capacity of 4000 L or more.
A fuel storage facility with a
capacity of 80000 L or more.
Using machinery for moving
earth or clearing land
Constructing lines, trails, or
right-of-ways
Using drilling machinery,
excluding ancillary equipment.
Permit required
Campsites outside of Territorial
Parks
Constructing buildings
Must be in use for more than 400
person-days.
Must exceed 1.5 m in width and
4 ha in area.
Operating weight of more than
2.5 tonnes.
Class B
More than 50 kg, but not
exceeding 150 kg in any 30 day
period
Vehicles weighing more than 5
tonnes, but less than 10 tonnes,
Or any vehicle that exerts
pressure on the ground of more
than 35 kPa
Fuel capacity of 2000 L, but not
exceeding 4000 L. A fuel storage
facility more than 4000 L but not
exceeding 80000 L.
Permit required
Must exceed 1.5 m in width but
not exceed 4 ha in area.
Operating weight of more than
500 kg, but not exceeding 2.5
tonnes.
Must be in use for more than 200
person-days.
Footprint of more than 100 m2
and a height of 5 m.
(Table created from Sections 4 and 5 of the Mackenzie Valley Land Use Regulations)
19
Northern Operations – Guide to Permits and Approvals
6. Consultation with Communities and Other Review Groups
A consultation process will occur for each application. Affected communities, Gwich’in groups,
co-management boards, government groups and other interested groups will be forwarded a copy
of the application and supporting documentation (information package) for their review. The
information package will include detailed information about the proposed site, general area and
resources that may be impacted by the proposed activities. There are over 50 possible review
groups for any application. Normally the application will go to smaller number of groups. The
following is an example of a distribution list for a Type B land use permit application in the Inuvik
Area:
Gwich’in Tribal Council
Gwich’in Land Administration
Gwich’in Social and Cultural Institute
Gwich’in Land Use Planning Board
Gwich’in Renewable Resource Board
Mackenzie Valley Environmental Impact Review Board
Mackenzie Valley Land and Water Board
Nihtat Gwich’in Council
Nihtat Designated Gwich’in Organization
Nihtat Renewable Resource Council
Nihtat Elders and Youth Council
Ehdiitat Designated Gwich’in Organization
Gwichya Gwich’in Council and Designated Gwich’in Organization
Tetlit Gwich’in Designated Gwich’in Organization
Inuvik Town Council
Municipal and Community Affairs
Department of Resources, Wildlife and Economic Development
Inuvik Regional Health Board
Department of Indian Affairs and Northern Development
Environment Canada
Department of Fisheries and Ocean
What does the GLWB do with the comments?
When reviewing a land use permit or a water licence application, the GLWB is responsible for
addressing public concerns and impacts on the environment. Recommendations or concerns raised
by affected local communities, Gwich’in groups, other review groups and the public must be
considered by the GLWB. Submissions from groups will be used to draft terms and conditions for
water licences and land use permits in order to deal with public concerns and reduce any harmful
impacts on the environment.
“Impacts on the Environment” is defined broadly in the Mackenzie Valley Resource Management
Act:
125 (1) Impacts on the Environment: means any effect on land, water, air, or any other component
of the environment as well as wildlife harvesting, and includes any effect on the social and cultural
environment or on heritage resources.
7) Application Evaluation for Water/Land Use Applications
Once GLWB staff is satisfied with the information they receive from the applicant and review
groups, staff will evaluate the application and conduct a preliminary screening of the application to
determine the following:
20
Northern Operations – Guide to Permits and Approvals
Does the proposed activity pose a significant adverse impact on the environment or is it of public
concern? If not the application can proceed through the process
If the proposed activity may have significant adverse environmental impacts, the application will
be referred to the Mackenzie Valley Environmental Impact Review Board
If there is public concern about the proposed activity, the GLWB may conduct a public hearing or
refer the application to the Mackenzie Valley Environmental Impact Review Board
Should application be rejected GLWB would have to provide reasons for its decision. Note: The
GLWB can reject an application if information requested from the applicant is not provided. In
these cases, applicable fees will be refunded to the applicant
8) Public Hearings
If a public hearing needs to be held due to significant public concern with the project, the GLWB
will publish a Notice in the Inuvik Drum and News North. A description of the application, date
and location of the hearing is placed in the notice. The notice will also be published in the Canada
Gazette. If no written interventions are received by the Board ten days before the hearing date, the
Board may cancel the hearing.
Interventions
A public hearing allows for all parties to present their views on the proposed activity. Intervenors
who wish to make representations about the proposed activity must file their concerns with the
GLWB ten days before the hearing deadline.
Final Stages for Type A Applications (land & water)
9) GLWB prepares the draft water licence or land use permit based on:
information from the application,
information from intervenors,
recommendations from a hearing, and
recommendations from the MVEIRB assessment or review
10) Type “A” draft licences and permits are reviewed by the GLWB members and amendments are
made if necessary. The GLWB will set dates for when the licence becomes effective and when it
expires. It is also up to the GLWB to decide on a security deposit for the project
11) The applicant and intervenors are allowed to review the draft licence or permit and reasons for
decisions before it is approved. If changes are needed to the draft licence/permit, this is the final
opportunity to contact the GLWB to request changes
12) A final draft water licence (Type A) is sent to the Minister of Indian Affairs and Northern
Development to be approved
13) The GLWB issues a water licence with the approval of the Minister of Indian Affairs and
Northern Development. Type A Land Use Permits are approved and issued by the GLWB
14) Water Resource officers (Department of Indian Affairs and Northern Development) will be
responsible for enforcing water licences and conducting routine inspections. Designated inspectors
will be responsible for enforcing land use permits issued by the GLWB
Final Stages for Type B Applications (water and land)
21
Northern Operations – Guide to Permits and Approvals
9) GLWB prepares draft licence or permit based on application and information provided during
consultation with review groups.
10) GLWB reviews the draft licence or permit and makes necessary changes. The licence or permit
is approved by the board and signed by the chairperson. The licence or permit can now be issued to
the applicant.
11) Water Resource officers (Department of Indian Affairs and Northern Development) are
responsible for enforcing the water licences and conducting routine site inspections. Designated
inspectors will be responsible for enforcing land use permits issued by the GLWB.
22
Northern Operations – Guide to Permits and Approvals
PERMIT:
INUVIALUIT LANDS AUTHORIZATION
Any type of activity or development on Inuvialuit lands requires Inuvialuit approval. Types of
authorizations include:
Cooperation Agreement: a Participation or Access Agreement from the Community Corporation
which outlines the Inuvialuit administrative structure with respect to a particular project
Participation Agreement: Agreement to utilize Inuvialuit business during the development or
activity. This is negotiated between the Inuvialuit and the Developer
Access Agreement: similar to participation agreement, however, access does not usually include
mineral rights
Land Use Permit A. B or C: the right to carry out operations of a commercial or public
(governmental) nature requiring the occupancy of a specific area or the non-exclusive use of
Inuvialuit Lands for a limited period of time
Commercial Lease 1. 2 or 3: the exclusive right of occupancy of a limited area to carry out
operations of a commercial nature (communication tower)
Well Site Lease: the exclusive right to occupy a limited area of land containing an oil or gas well
Quarry Licence: the non-exclusive right to extract surface materials from a specific location on
Inuvialuit lands
Reconnaissance Permit: the right to explore for surface materials on Inuvialuit lands
Temporary Right-of-Way: the right granted for the non-exclusive use of a strip of Inuvialuit lands
for a limited period of time for the purpose of commercial transportation of people, goods and
materials by road or rail, petroleum or water by pipeline, or electricity by an electricity
transmission system
Permanent Right-of-Way: the right granted for the non-exclusive use of a strip of Inuvialuit
Lands for a long period of time for the purpose of commercial transportation of people, goods
and materials by road or rail, petroleum or water by pipeline or electricity by an electricity
transmission system
Approving Agency:
Inuvialuit Lands Administration (ILA)
Company Operation:
All weather or winter road construction, airstrips, seismic exploration,
pipeline construction, and onshore exploratory wells. All access to
Inuvialuit lands, other than casual and individual. recreation, requires a
Licence, Lease, Permit or Right-of-Way with the Inuvialuit Land
Administration (ILA). Prior notice must be given to the Inuvialuit Land
Administrator of intent to enter Inuvialuit lands.
The goals of the Inuvialuit Final Agreement are to: preserve native
(Inuvialuit) cultural identity and values; enable the Inuvialuit to
effectively participate in the northern Canadian and national economies;
and facilitate environmental protection and renewable natural resource
conservation.
The Western Arctic (Inuvialuit) Claim Settlement Act, 1984
The Inuvialuit Final Agreement
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Refer Schedule 1, 7(41) of Act
Information and Procedures, Developing the Inuvialuit Settlement Region,
Indian and Northern Affairs Canada, 1988
Inuvialuit Lands Administration Rules and Procedures Inuvialuit Lands
Administration, 1986
23
Northern Operations – Guide to Permits and Approvals
Northwest Territories Inuvialuit Settlement Region Lands – Jurisdictional
Responsibilities for Land Resources, Land Use and Development in the
Yukon Territory and Northwest Territories, 1997
REVIEW PERIOD OR SUBMISSION TIME:
Minimum of 3 weeks.
INFORMATION REQUIRED:
Provision for a high degree of socioeconomic involvement is of prime importance to the Inuvialuit
organizations. The obligations to provide Inuvialuit employment (Section 6 (14), (g) of Act),
business opportunities (6(14)(h)) and training (6(16)(b)) must be given in as much detail as
possible.
A 1: 50,000 scale map showing the plan of the area: buildings, camps, access, etc. (7(22) & 23))
APPROVAL PROCESS:
See page 19 of Inuvialuit publication
Must be submitted by 22nd of any month to allow sufficient time for review by local Community
Corporation, Hunters' & Trappers' Committee and the Inuvialuit Land Administration
Commission in order to be heard at a public meeting of Inuvialuit Land Administration
Commission (ILAC) the second week of the following month
NOTES:
Developers' rights on 7(1) (a) and 7 (1) (b) lands prior to signing of the Inuvialuit Final Agreement
(June 5, 1984) are protected. This includes developers who hold rights for oil and gas, coal,
mineral and quarrying. The Agreement guarantees developers access to their holdings subject
to arrangements between the developer and the Inuvialuit
Once a developer is granted access, the Inuvialuit will assume no responsibility for damages
suffered by the developer and the developer is responsible for damages to the land and
compensation for loss to wildlife harvesting
Developers who do not comply with access provisions are subject to denial of further access
No major modifications can be made to a Right issued by the ILA without a written request to and
approval by the ILA. (7(l 00)) & (6(20))
COST OF PERMIT:
Initial Application Fees: Schedule 11, 7(19) Non-refundable
Security Deposit: Schedule IX, 7(94-96)
Other annual fees for Access Administration, Wildlife Compensation and Land rent if ILAC
approval is granted. Schedule 11 (12)
Inspection fees will be charged to the Right holder and includes all access, travel and lodging
expenses for ILA officials. Schedule IV, 8(4)
24
Northern Operations – Guide to Permits and Approvals
PERMIT:
ENVIRONMENTAL IMPACT SCREENING COMMITTEE
Development proposed for the Inuvialuit Settlement Region is subject to a formalized
environmental impact screening and review process. The main component of the process is the
Environmental Impact Screening Committee (EISC), composed of federal and Inuvialuit
appointees. The committee determines, on the basis of a project description submitted by the
developer, if potential impacts associated with a proposed project are of sufficient concern to
warrant referral of the project to a formal review body.
Approving Agency:
Environmental Impact Screening Committee (EISC)
Company Operation:
All company development and exploration activities requiring a
government approval or permit. This does not include approvals related
to certification of ships or drilling units
The goals of the Inuvialuit Final Agreement are to: preserve native
(Inuvialuit) cultural identity and values; enable the Inuvialuit to
effectively participate in the northern Canadian and national economies;
and facilitate environmental protection and renewable natural resource
conservation. The EISC process applies to all onshore and offshore
development proposed for the Inuvialuit Settlement Region and to
projects located outside of the Region that have potential environmental
impacts within it
The Western Arctic (Inuvialuit) Claim Settlement Act, 1984
The Inuvialuit Final Agreement
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
None. Letter format with required information
1. Information and Procedures, Developing The Inuvialuit Settlement
Region, Indian and Northern Affairs Canada, 1988
2. Inuvialuit Lands Administration Rules and Procedures, Inuvialuit Lands
Administration, 1986
3. Operating Guidelines and Procedures Environmental Impact Screening
Committee, February, 1999
REVIEW PERIOD OR SUBMISSION TIME:
Project description must be submitted no less than 20 days prior to the monthly EISC meeting. If
insufficient information is submitted, the project review could be delayed until the next
meeting
Decisions on allowing project to proceed or request for environmental hearings made at EISC
meeting. Hearings can delay process by several months
INFORMATION REQUIRED:
The project description should include, where applicable:
A general overview of the project outlining scale, timing, location and purpose
The rationale for site selection
A description of project phases and/or elements and a timetable for implementation
A description of new technology involved
A list of government approvals, licences and/or permits of an environmental or regulatory nature as
they relate to each phase or element of the project
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Northern Operations – Guide to Permits and Approvals
An outline of potential (worst-case scenario) negative environmental effects organized by project
phase and/or element. This should include an inventory of resources that could be impacted
An outline of mitigative measures that will be undertaken to reduce, control or remove potential
negative environmental impacts. An indication as to whether the mitigative measures are
proven in terms of technology and practical experience
An outline of anticipated environmental impacts assuming mitigative measures are implemented
and effective
A summary of plans for cleanup, reclamation, disposal and, or abandonment of equipment or
structures upon project completion
An outline of past current or upcoming environmental reviews, screening or assessments that are
relevant to the project or any of its elements and/or phases
An outline of any public consultation activities that have been conducted, or are planned, in
relation to the project. A summary of these activities and a list of the concerns expressed by the
organizations or individuals consulted
A summary of any research or other information which, in the view of the proponent, will assist the
Screening Committee in judging the environmental impact of the project
A description of any compensation policies, programs or plans that relate to the activity proposed
The amount of information and detail provided should be relative to the type, nature and scale of
the particular project. Wherever possible, information supplied should be in the form of summaries,
precis, or in point form. Maps, charts and diagrams should be attached where required. Information
contained in the project description will not be considered confidential. Information that is
considered to be confidential or proprietary should be attached as a confidential annex.
APPROVAL PROCESS:
Contact made with EISC secretary to identify scope and type of information required. Date of
EISC meeting established to hear submission
Contact made with the appropriate Hunters and Trappers Committee to identify any issues that the
submission should address
Project description submitted to EISC secretary
EISC secretary notifies appropriate government agencies of EISC agenda
EISC secretary places project on next appropriate EISC meeting agenda
EISC screens project based on project description submitted. A presentation by the developer may
be requested
EISC informs developer and other government agencies of results
Project may be referred to an existing federal government review agency or to the Environmental
Impact Review Board (EIRB) which is composed of federal government and Inuvialuit
appointees
NOTES:
The EISC secretary can request a presentation. Requests to make a presentation must be made to
the EISC secretary at least 5 days prior to the meeting date
COST OF PERMIT:
Nil
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Northern Operations – Guide to Permits and Approvals
PERMIT:
APPROVAL TO DRILL A WELL (ADW) (EXPLORATION)
Approving Agency:
Company Operation:
Regulatory Purpose:
National Energy Board (NEB)
Individual well drilling program
Authorizes a company to drill a specific well within an approved
drilling program. Required for each well a company plans to drill.
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Drilling Regulations (Part 11, Sections 82 & 89)
Legislation:
REFERENCES:
Forms:
Publications:
Approval to Drill a Well
Drilling For Oil and Gas on Frontier Lands, Guidelines and Procedures,
September 1986
REVIEW PERIOD OR SUBMISSION TIME:
Written notification of intention to obtain an ADW is required 45 days prior to spudding the well
Application for ADW must be received 21 days prior to spudding the well
INFORMATION REQUIRED:
Exact location of well
Seabed conditions at the wellsite
Detailed description of the geology to be encountered
Detailed descriptions of the well design, drilling techniques, composition of the drilling mud and
well testing programs
For onshore wells where a DPA was not required, also include information on drilling rig,
contingency plans and proof of financial security
APPROVAL PROCESS:
Notification to NEB 45 days in advance
NEB notifies other government departments and agencies of proposed wells
Submission to NEB 21 days in advance
Authorization of the ADW grants the operator the necessary approval to conduct the project subject
to any specified conditions
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Operator should not expect a rapid approval of ADW's that are submitted on short notice due to
operator timing constraints
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
27
Northern Operations – Guide to Permits and Approvals
PERMIT:
DRILLING PROGRAM AUTHORIZATION (EXPLORATION)
Approving Agency:
Company Operation:
Regulatory Purpose:
National Energy Board (NEB)
Offshore drilling program
Authorizes a company to use a particular drilling system in a particular
area for a specified period of time (maximum: 3 years)
LEGISLATION:
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Drilling Regulations (Part 1)
Canada Shipping Act
REFERENCES:
Forms:
Publications:
Drilling Program Authorization
Drilling for Oil and Gas on Frontier Lands, Guidelines and Procedures,
September 1986
REVIEW PERIOD OR SUBMISSION TIME:
Notification of intention to submit an application for Drilling Program Authorization must be given
6 months before the first well in the program is to be spudded
Application for Drilling Program Authorization must be received 4 months before well will be
spudded
INFORMATION REQUIRED:
As per application form, page 9 and Appendix B of publication:
General locations of wells and logistics of the program
Detailed engineering design information on the drilling system, drilling and mud programs, well
design, drilling unit and support craft
Contingency plans for oil spills, fire, and evacuation
Operating and safety manuals, drilling methods and equipment operation
Proof of financial security for emergency costs and compensation
Geological and geophysical overview and proposed prospects
Seabed conditions, environmental forces to be encountered
Each DPA application should include drawings for:
The positioning system, emergency release systems, and wellsite evacuation procedures
The classification of hazardous zones within the unit and a list of electrical equipment
Systems for the disposal of wastes, including sewage treatment plants, Incinerators and systems for
the collection of oil wastes and spills
Life-saving appliances, including location and capacity of survival capsules and life rafts
APPROVAL PROCESS:
Notification to NEB 6 months in advance
NEB notifies other government departments and agencies of program
Submission to NEB 4 months in advance
DPA is reviewed internally within NEB and with other government agencies (Operator is
responsible for submitting required applications to DIAND, Inuvialuit and others)
Operator requested to make oral presentation to NEB at least 1 month prior to anticipated spud date
Authorization of the DPA grants the operator the necessary approval to conduct the program
subject to any specified conditions
28
Northern Operations – Guide to Permits and Approvals
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Required for all frontier offshore programs
Only required onshore when many wells are to be drilled in the same area, are located on an
artificial island or do not use a conventional drilling rig
If a field activity such as dredging proceeds drilling by more than 1 year, the operator must obtain
NEB approval before commencing activity
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
29
Northern Operations – Guide to Permits and Approvals
PERMIT:
AUTHORITY TO CONDUCT A GEOTECHNICAL OR
ENGINEERING FEASIBILITY PROGRAM (EXPLORATION)
Approving Agency:
Company Operation:
National Energy Board (NEB)
Offshore field studies to solve engineering or geotechnical problems,
investigate the seabed before placing a bottom-founded unit at a wellsite
or to effectively use equipment, when available, to prepare for future
Exploratory operations
Authorizes company to perform various small scale geotechnical and
engineering studies to obtain information useful for engineering design
work
Regulatory Purpose:
LEGISLATION:
REFERENCES:
Forms:
Publication:
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Drilling Regulations
Authority to Conduct a Geotechnical or Engineering Feasibility Program
Drilling for Oil and Gas on Frontier Lands, Guidelines and Procedures,
September 1986
REVIEW PERIOD OR SUBMISSION TIME:
2 weeks minimum
INFORMATION REQUIRED:
As per application form
APPROVAL PROCESS:
Submission to NEB
Authority is reviewed and may be forwarded to National Research Council and the Institute of
Oceanographic Studies
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
Requirements for geotechnical reports for bottom-founded structures as referenced in publication
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
If the geotechnical investigation is done in conjunction with a wellsite seabed survey or is to be
carried out using the primary drilling unit, then a separate approval may not be required
If the investigation is to be made using equipment not described in another application, then a
separate application must be made
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
30
Northern Operations – Guide to Permits and Approvals
PERMIT:
GEOLOGICAL OPERATION AUTHORIZATION
(EXPLORATION)
Approving Agency:
Company Operations:
Regulatory Purpose:
National Energy Board (NEB)
Geological activity
Authorizes company to carry out geological activities in the field, office
or laboratory
LEGISLATION:
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
REFERENCES:
Forms:
Publication:
Geological Operation Authorization
Geophysical and Geological Programs on Frontier Lands, Guidelines
for Approvals and Reports, NEB, January 1987
REVIEW PERIOD OR SUBMISSION TIME:
Onshore programs: 15 days in advance of start date
Offshore programs: 30 days in advance
Offshore programs where chemical explosives are involved: 90 days in advance
INFORMATION REQUIRED:
As per form (3 copies) plus:
A full description of the planned work program
Maps (2 copies) showing the position of the proposed program and lines in relation to existing
geophysical geological control in the area and the interests to which the program applies
Interest means exploration agreement, exploration licence or permit; significant discovery
licence; production licence, or lease
Page-size plate (2 copies) showing the location of the program area in relation to adjacent
coastlines, other geographical features, or provincial/territorial boundaries
Written confirmation (2 copies) that a Land Use Permit, if required, has been obtained
Vessel specifications (2 copies) including the vessel's name, construction, registry and ownership,
safety and lifesaving equipment and the navigation system
Requirements under Canada Benefits are followed
APPROVAL PROCESS:
Submission to NEB
Authority is reviewed and forwarded to all other concerned federal or territorial departments and
agencies
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
During the course of field operations, the operator is responsible for submitting telex reports at the
time of commencement and termination of the program and at weekly intervals while the
program is in progress
On-site inspection visits may occur at any time
Term of the program approval is for a period of six months from the expected date of
commencement as specified in the Authority. Variations of this date must be reported
A final report must be submitted within 12 months of the termination of the fieldwork. See
publication for details
31
Northern Operations – Guide to Permits and Approvals
(The Inuvialuit / Gwich’in Environmental Screening process also must be considered in the above
approval process)
NOTES:
On lands within the Inuvialuit Settlement Region, NEB will not issue authorizations or approvals
unless the project has been screened by EISC. NEB does not issue oil and gas rights for
Inuvialuit 7(l)(b) lands but continues to for Territorial lands in the remainder of the region
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
32
Northern Operations – Guide to Permits and Approvals
PERMIT:
GEOPHYSICAL OPERATION AUTHORIZATION
(EXPLORATION)
Approving Agency:
Company Operations:
Regulatory Purpose:
National Energy Board (NEB)
Geophysical activity
Authorizes company to carry out geophysical activities in the field,
office or laboratory. Includes authority to carry out geophysical
(seismic), geochemical, aeromagnetic and gravity studies as well as the
reprocessing of seismic data
LEGISLATION:
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
REFERENCES:
Forms:
Publication:
Geophysical Operation Authorization
Geophysical and Geological Programs on Frontier Lands, Guidelines
for Approvals and Reports, NEB, January 1987
REVIEW PERIOD OR SUBMISSION TIME:
Onshore programs: 15 days in advance of start date
Offshore programs: 30 days in advance
Offshore programs where chemical explosives are involved: 90 days in advance
INFORMATION REQUIRED:
As per form (3 copies) plus:
A full description of the planned work program
Maps (2 copies) showing the position of the proposed program and lines in relation to existing
geophysical geological control in the area and the interests to which the program applies
Interest means exploration agreement, exploration licence or permit; significant discovery
licence; production licence, or lease
Page-size plate (2 copies) showing the location of the program area in relation to adjacent
coastlines, other geographical features, or provincial/territorial boundaries
Written confirmation (2 copies) that a Land Use Permit, if required, has been obtained
Vessel specifications (2 copies) including the vessel's name, construction, registry and ownership,
safety and lifesaving equipment and the navigation system
Requirements under Canada Benefits are followed
APPROVAL PROCESS:
Submission to NEB
Authority is reviewed and forwarded to all other concerned federal or territorial departments and
agencies
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
During the course of field operations, the operator is responsible for submitting telex reports at the
time of commencement and termination of the program and at weekly intervals while the
program is in progress
On-site inspection visits may occur at any time
Term of the program approval is for a period of six months from the expected date of
commencement as specified in the Authority. Variations of this date must be reported
33
Northern Operations – Guide to Permits and Approvals
A final report must be submitted within 12 months of the termination of the fieldwork. See
publication for details
(The Inuvialuit / Gwich’in Environmental Screening process also must be considered in the above
approval process)
NOTES:
On lands within the Inuvialuit Settlement Region, NEB will not issue authorizations or approvals
unless the project has been screened by EISC. NEB does not issue oil and gas rights for
Inuvialuit 7(l)(b) lands but continues to for Territorial lands in the remainder of the region
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
34
Northern Operations – Guide to Permits and Approvals
PERMIT:
Approving Agency:
Company Operation:
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
AUTHORITY TO CONDUCT AN ENVIRONMENTAL STUDY
(EXPLORATION)
National Energy Board (NEB)
Drilling Program
Authorizes a company holding an Exploration Licence or a Production
Licence to collect environmental information in support of an application
for Drilling Program Authorization, an Approval to Drill a Well or to
facilitate preparation of a Development Plan
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Drilling Regulations
Authority to Conduct an Environmental Study
Drilling for Oil and Gas on Frontier Lands, Guidelines and Procedures,
September, 1986
REVIEW PERIOD OR SUBMISSION TIME:
No timetable for submission of this type of application has been established. However, applications
should be received several weeks in advance of proposed start date
INFORMATION REQUIRED:
As per application form:
the purpose of the study
the work to be undertaken and the scientific methods to be used
the location and timing of the work
the equipment vessels and personnel
APPROVAL PROCESS:
Submission to NEB
Authority is reviewed and may be forwarded to National Research Council and the Institute of
Oceanographic Studies
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
Requirements for geotechnical reports for bottom-founded structures as referenced in publications
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
35
Northern Operations – Guide to Permits and Approvals
PERMIT:
AUTHORITY TO CONDUCT A SEABED SURVEY
(EXPLORATION)
Approving Agency:
Company Operation:
National Energy Board (NEB)
Survey of a proposed offshore well location to identify potential
Hazards on the seafloor and within the seabed to a depth of several
hundred meters
To protect the safety and efficiency of the drilling operation,
Companies are required to carry out a seabed survey prior to applying
for an Approval to Drill a Well in the offshore
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Drilling Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Not specific
Geophysical and Geological Programs on Frontier Lands, Guidelines
for Approvals and Reports, NEB, January 1987
Drilling for Oil and Gas on Frontier Lands, Guidelines and
Procedures. September 1986
REVIEW PERIOD OR SUBMISSION TIME:
30 days in advance of planned start of work.
Applications for series of seabed surveys can be submitted at the same time
INFORMATION REQUIRED:
The proposed program must be fully described, the objectives to be attained and the methodology
to be used. Details of the required information is contained in the referenced publications
APPROVAL PROCESS:
Submission to NEB
Application is reviewed and forwarded to all other concerned federal or territorial departments and
agencies
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
A final report must be submitted within 12 months of the termination of the field work and prior to
the application for the Approval to Drill a Well
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
A general description of the seafloor over the exploration area will have been submitted as part of
the application for a DPA. A more detailed wellsite seabed survey is required in the ADW.
Guidelines for wellsite seabed survey programs are provided in the referenced publications
Permit or approval will riot be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
36
Northern Operations – Guide to Permits and Approvals
PERMIT:
AUTHORITY TO UNDERTAKE A DIVING PROGRAM
(EXPLORATION)
Approving Agency:
National Energy Board (NEB)
Company Operation:
Regulatory Purpose:
Offshore drilling or dredging operations requiring diving operations
To ensure the safety of underwater operations and that no
environmental damage occurs
Canada Petroleum Resources Act (CPRA)
Oil and Gas Production and Conservation Act (OGPCA)
Canada Oil and Gas Diving Regulations
Legislation:
REFERENCES:
Forms:
Publications:
Application to Undertake a Diving Program
Drilling for Oil and Gas on Frontier Lands, Guidelines and Procedures,
September 1986
Canada Oil and Gas Diving Regulations
REVIEW PERIOD OR SUBMISSION TIME:
Depends on complexity of program and experience of diving contractor and divers
Minimum 2 weeks
Authority for emergency operations will receive immediate attention
INFORMATION REQUIRED:
As per application form
APPROVAL PROCESS:
Submission to NEB
Authority is reviewed with NEB. History of diving contractor and experience of divers analyzed
Authorization of the Authority grants the operator the necessary approval to conduct the program
subject to any specified conditions
On-site program inspection conducted by NEB staff
NOTES:
This permit will not be submitted to the EISC for review. This approval is related to safety
COST OF PERMIT:
Nil
37
Northern Operations – Guide to Permits and Approvals
PERMIT:
PLGA LEASE
Approving Agency
DIAND (Yellowknife)
Company Operation:
Removal of dredged material from the ocean floor or the setting down
and infill of equipment, structures on the ocean floor
To control the alteration of the ocean bed by the removal, transferring
and usage of granular material
Public Lands Grants Act
Public Lands Leasing and Licensing Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
No specific form. Letter format with required information
No specific publication
REVIEW PERIOD OR SUBMISSION TIME:
Minimum 5 weeks
INFORMATION REQUIRED:
Similar information package as Approval to Drill A Well (ADW)
Engineering design, site plans and profiles
Abandonment plans for offshore structures (artificial islands)
APPROVAL PROCESS:
Application submitted to DIAND (Yellowknife) Lands Resources Department
Application is forwarded to the Arctic Waters Advisory Committee (AWAC) for review and
comments
Assurance made that Inuvialuit have reviewed same application
Approval granted by Director Renewable Resources & Environment (DIAND) subject to specified
conditions
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
DIAND views islands as a facility or structure and is considered to be owned by the company if
lease payments are maintained
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Dependent on lease size
38
Northern Operations – Guide to Permits and Approvals
PERMIT:
LEASE (TERRITORIAL LANDS ACT) – CROWN LANDS
Approving Agency
DIAND
Company Operation:
Long term facilities used to support drilling operations (communication
towers, base camps etc.)
To regulate the use of land to ensure environmental protection and that
the regulatory approval process is followed by all parties
Territorial Lands Act
Territorial Land Use Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Application for Federal Crown Lands
No specific publication
REVIEW PERIOD OR SUBMISSION TIME:
42 days from receipt of application. If field studies are required, decision can be delayed up to 12
months
Application should be submitted 60-90 days before proposed start date
INFORMATION REQUIRED:
As per application form
APPROVAL PROCESS:
Application submitted to DIAND (Yellowknife) Land Resources Department
Application is forwarded to other government departments for review and comment
Lease documents created; approval granted by Director Renewable Resources & Environment
(DIAND) subject to specified conditions
(Above does not involve Inuvialuit / Gwich’in lands where ILA and GLWB have jurisdiction)
NOTES:
Offshore leases are regulated under the Public Lands Grants Act (PLGA) not Territorial lands Act
COST OF PERMIT:
Dependent on lease size
If community lands are involved, lease costs are calculated by the local community affairs
department of the territorial government.
39
Northern Operations – Guide to Permits and Approvals
PERMIT:
LAND USE PERMIT – CROWN LANDS
Approving Agency
DIAND
Company Operation:
Activity
Explosives
Use of Vehicles
Drilling
Campsites
Fuel Caches
Earth moving and clearing
hydraulic prospecting
Preparation of lines, trails or
rights-of-way
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Class A Permit
More than 150 kilograms in any 30-day
period
Any vehicle exceeding 10 tonne net weight
Equipment with an operating weight of
more than 2.6 tonne, not including drill
rods, bits, pumps etc.
In use for more than 400 man-days.
Any cache of more than 80,000 litres, or
any single container with more than 4,000
litres.
Use of any self-propelled or stationary
machinery.
Line, trail or r-o-w more than 1.5 metres
wide and 4 hectares in area
Class B Permit
More than 60 kilograms but less than 150
kilograms In any 30-day period.
Any vehicle of 5 to 10 tonne net weight or
exerting a pressure of more than 35
kilopascals (5 pounds per square inch).
Equipment weighing 500 kilograms to 2.5
tonne, excluding drill rods, etc.
In use for 100-400 man-days by more than
two people.
Any cache of 4,00O to 80.000 litres, or any
single container of 2,000-4.000 litres.
Line. Trail or r-o-w more than 1.5 metres
wide, but less than 4 hectares In area.
To control land use activity on Territorial Lands in the Yukon and
NWT ensuring that any disturbance of the environment is within
acceptable limits. DIAND does not issue land use permits for Inuvialuit
or Gwich’in lands
Territorial Lands Act
Territorial Land Use Regulations
Application for a Land Use Permit
A Guide to Territorial Land Use Regulations, Land Resources,
Northern Affairs Program, DIAND
Guide to Completing Application for Land Use Permit, Territorial Land
Use Regulations
Land Use Guidelines, Access Roads and Trails, Land Resources,
Northern Affairs Program, DIAND
Guide to Completing Application for a Land Use Permit, DIAND
Environmental Operating Guidelines: Hydrocarbon Well-sites in
Northern Canada, Land Resources, Northern Affairs Program,
DIAND
Land Use Guidelines, Mineral Exploration, Land Resources, Northern
Affairs Program, DIAND
Environmental Guidelines, Pits and Quarries, Land Resources,
Northern Affairs Program, DIAND
REVIEW PERIOD OR SUBMISSION TIME:
42 days from receipt of application
40
Northern Operations – Guide to Permits and Approvals
If field studies are required, decision can be delayed up to 12 months
Application should be submitted 60-90 days before proposed start date
INFORMATION REQUIRED:
As per application form plus:
Pertinent technical and environmental background information (e.g. terrain analysis or air photo
interpretation) to indicate concerns have been considered prior to the application being
submitted.
Any available topographical information
Plans, to scale, showing the proposed facility layout. Applications for summer operations in
permafrost areas must include 1m contour intervals
Plans for fuel and hazardous material/waste spills, solid waste management, forest fires and
reclamation
Other information as suggested by the DIAND Land Use Engineer
APPROVAL PROCESS:
Establish early communication with Land Use Engineer before application is submitted
Submission to regional Land Use Engineer of DIAND
Class A: Reviewed and forwarded to Land Use Advisory Committee, DIAND district office,
Community groups, Ottawa Land Use Office, Special Interest groups, and Arctic Waters
Advisory Committee
Class B: Reviewed by regional Land Use Engineer
Permit issued with conditions for environmental protection; or permit not issued and application
returned with reasons; or further time required for studies
Land use activity is completed
A Final Plan report is made to the Land Use Engineer within 60 days of the completion of the
activity. Report illustrates all lands used, restoration work completed and a land use fee
calculation.
Final inspection of she by DIAND
Letter of Clearance issued by the Land Use Engineer
(Above does not involve Inuvialuit / Gwich’in lands where ILA and GLWB have jurisdiction)
NOTES:
Land Use Permits are issued for the period of the proposed activity to a maximum of 2 years
Land Use Permits authorize only temporary use of land. Long term use requires a surface lease
Land Use Permits must be displayed at the work site before work commences
Modifications to the program must be made in writing to the Land Use Engineer
COST OF PERMIT:
Class A: $150.00 or Class B: $150.00; PLUS fee of $50.00 per hectare land usage less than or
equal to 2 ha. And $50.00 per each additional hectare or portion of hectare in excess of 2 ha.
41
Northern Operations – Guide to Permits and Approvals
PERMIT:
WATER USE LICENCE – CROWN LANDS
Approving Agency
DIAND
NWT Water Board
Company Operation:
Use of inland waters, pollutant disposal to inland waters or work within
a waterway.
To manage and control water, waterways, and beds of river lakes and
water bodies for purposes of fish and migratory bird management.
Northwest Territories Waters Act
Northwest Territories Waters Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
SCHEDULE II
None. Refer to regulations.
REVIEW PERIOD OR SUBMISSION TIME:
New applications: 1 year
Renewals: 6 months
INFORMATION REQUIRED:
As per regulations
APPROVAL PROCESS:
Submitted to DIAND. Forwarded to NWT Water Board
Reviewed by NWT Water Board (Receipt acknowledged. If licence required. application and
supporting documents sent to Technical Advisory Committee (TAC) and district for comment
TAC comments reviewed by Board. If necessary, Board publishes notice and a public hearing is
held
Approved by Water Board with conditions and consultation with TAC
Application returned to DIAND for Ministry approval
Inspections, annual reports and sampling as required
(Above does not involve Gwich’in lands where the GLWB has jurisdiction. – Exemptions under
Northwest Territories Waters Act)
NOTES:
Water management through federal government responsibility includes Inuvialuit lands
COST OF PERMIT:
As per regulations and type of project
42
Northern Operations – Guide to Permits and Approvals
PERMIT:
QUARRYING PERMIT – CROWN LAND
Approving Agency
DIAND
Company Operation:
To regulate the disposal of limestone, granite, slate, marble, gypsum,
loam, marl, gravel, sand, clay, volcanic ash or stone in Territorial lands
in the Northwest Territories and Yukon Territory
To regulate the use of land to ensure environmental protection and that
the regulatory approval process is followed by all parties
Territorial Lands Act
Territorial Quarrying Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Department of Indian Affairs and Northern Development, Application
for Quarrying Permit
No specific publication
REVIEW PERIOD OR SUBMISSION TIME:
Must have Land Use Permit or lease
If no inspection required, permit can be granted in 2 days
INFORMATION REQUIRED:
(2 copies)
A description of the land applied for
The name of the material desired for removal
A sketch showing the lease position in relation to known points
An affidavit by the applicant identifying compliance with the regulations and that the land contains
the required material and quantities
APPROVAL PROCESS:
Proposed lands for quarrying must be staked as per Section 4 of Regulations
Application for quarrying must be filed with the territorial land agent of the land district in which
the land is situated within 30 days of staking
Application reviewed and permit issued with conditions
(Above does not include Inuvialuit / Gwich’in lands where ILA and GLWB have jurisdiction)
NOTES:
Permits expire when the quantity of material mentioned in the permit has been quarried or removed
Fee for lease and rental for the first year must accompany the application
COST OF PERMIT:
Quarrying Permit fee:
Royalty on sand, gravel, loam & clay per cubic metre:
Royalty on other building materials per cubic metre:
Lease fee / hectare:
43
$150
$1.50
$1.25
$100
Northern Operations – Guide to Permits and Approvals
PERMIT:
EXPLOSIVES USE LICENCE
Approving Agency
Department of Fisheries and Oceans, DFO
Company Operation:
Use of any chemical or non-chemical type explosive device, usually
seismic operations.
To protect fish and marine mammals from injury and/or death caused
by the use of explosives in the waters of the Northwest Territories.
General use of explosives, especially point source explosives, is
discouraged. Geophysical exploration (seismic) programs shall use
non-chemical explosive acoustical energy sources wherever possible.
Canada: Fisheries Act
Northwest Territories: Northwest Territories Fishery Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
None – letter/table format per Information Requirements
Policy and Guidelines for the Use of Explosives in the Waters of the
Northwest Territories
Guidelines for the use of explosives in Canadian Fisheries waters
REVIEW PERIOD OR SUBMISSION TIME:
Use of explosives for non-emergency situations: maximum 42 days prior to the anticipated starting
date of the project.
INFORMATION REQUIRED:
Name, address and telephone number of the applicant
Name address and telephone number of the explosives contractor if different from above
Purpose of the project, including justification as to why explosives must be used
Geographical area (coordinates of the project including high resolution quality maps)
Anticipated starting and completion dates
Type (including trade name), weight and configuration (where applicable) of explosive to be used
Weight of individual shots and shot array configuration (where applicable) or explosives to be used
Detonation depth and method of detonation
Special conditions apply when it is not technically feasible to undertake a seismic program without
the use of chemical type explosives
A description of techniques to be used to limit the area of potential damage to living aquatic
resources
An assessment of the potential impact of the program on the fish and marine mammal resources of
the area (except for routine seismic reflection programs). This assessment should include:
potential species affected by program and life stages;
times and locations in permit area critical to these species;
vulnerable stages in the life history of the species;
quantitative assessment of potential negative impact to species;
mitigation measures proposed to offset negative impacts.
APPROVAL PROCESS:
Submission to DFO Area Office
Area office reviews with recommendations comments and conditions
Forwarded to Regional DFO Office in Winnipeg for approval
Licence issued by DFO Regional Office
44
Northern Operations – Guide to Permits and Approvals
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
No explosive may be knowingly detonated within 500m of any observed marine animal
No operations allowed within 4 km of whales
Additional terms and conditions may be affixed to the explosive licence to most site and resources
specific conditions not covered by the general guidelines
Licences are issued for particular times and locations
Company changes during or after the 42 day review period will cause significant time delays
Onshore use of explosives administered by DIAND/ILA/GLWB
Fisheries and Oceans should also be sent copy of onshore applications
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
45
Northern Operations – Guide to Permits and Approvals
PERMIT:
DREDGING LICENCE
Approving Agency
DIAND (Yellowknife)
Company Operation:
Removal of dredged material from the ocean floor or the setting down
and infill of equipment, structures on the ocean floor
To control the alteration of the ocean bed by the removal, transferring
and usage of granular material
Public Lands Grants Act
Public Lands Leasing and Licensing Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
No specific form. Letter format with required information
No specific publication
REVIEW PERIOD OR SUBMISSION TIME:
Minimum of 4 weeks
INFORMATION REQUIRED:
Proposed use of dredged material
Location of dredging operation
Dates of operation
Type and method of dredging equipment
Emergency contingency plans and notification procedures
Abandonment method
APPROVAL PROCESS:
Application submitted to DIAND (Yellowknife) Land Resources Department
Application is forwarded to the Arctic Waters Advisory Committee (AWAC) for review and
comments
Assurance made that Inuvialuit have reviewed same application
Approval granted by Director Renewable Resources & Environment (DIAND) subject to specified
conditions
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Specific conditions accompany the licence
Change of location requires pre-approval prior to commencement of operations
Extraction limits imposed per site
Dredging synopsis to be submitted at completion of operations
DIAND must be notified when dredging operations commence at each site
If material being dredged is to be used for infill of rig, samples should be taken of material to
determine its constituents
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
$5.00 document fee per licence
46
Northern Operations – Guide to Permits and Approvals
PERMIT:
OCEAN DUMPING PERMIT
Approving Agency
Environment Canada, Environmental Protection Service
Company Operation:
Regulatory Purpose:
Disposal of wastes or dredged material into the ocean.
To control discharges of contaminated and dredged materials into the
ocean.
Canadian Environmental Protection Act (CEPA), Part VI
Ocean Dumping Regulations
London Dumping Convention International Agreement (for specific
contaminant guidance)
Legislation:
REFERENCES:
Forms:
Publications:
Permit Application (Ocean Dumping)
Interpretive Guidelines, 1990
Physical, biological and chemical test methods and dredge spoils
characterization protocols, 1990
General information on Sampling Techniques currently available from
the following:
- London Dumping Convention: "Guidelines for the Application of
the Annexes to the Disposal of Dredged Material"
- Oslo Commission: "Guidelines for the Disposal of Dredged
Material"
REVIEW PERIOD OR SUBMISSION TIME:
8 to 12 weeks if all information on substances is provided in application
INFORMATION REQUIRED:
As per forms
APPROVAL PROCESS:
Submission to Regional EPS Office - Yellowknife
Regional office pre-screens for content
Returned to Regional EPS for inclusion of permit conditions and limitations
Forwarded to Yellowknife EPS and then to Regional Director EPS
Submitted to Canada Gazette (published every Thursday)
(The Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Applicants must publish a Notice of Intent to apply for a permit to dispose of materials at sea, in a
newspaper of general circulation in the area of the proposed operation before applying for a
permit
Permit or approval will not be issued until EISC review and possible formal hearings are complete
One year is the maximum duration of the permit
All ocean disposal permits and amendments to permits must be published in the Canada Gazette
before they come into force
Permit or approval will not be issued until EISC review and possible formal hearings are complete.
47
Northern Operations – Guide to Permits and Approvals
APPEAL PROCESS:
Notice of objection is available under CEPA, Part VI, Section 74.
COST OF PERMIT:
Application fee - $2500
48
Northern Operations – Guide to Permits and Approvals
PERMIT:
NAVIGABLE WATERS LICENCE
Approving Agency
Minister of Transport
Company Operation:
Construction and/or abandonment of artificial islands, drilling
platforms, docks, berms, breakwaters, overhead and submarine cables,
water intake and outfall structures or any structure that may interfere
with navigation
To protect the public right of navigation in navigable waters by
prohibiting the building or placement of any “work” in, upon, over,
under, through, or across a navigable water without approval. A
navigable water is any body of water capable of being navigated by
floating vessels or any description for the purposes of transportation,
recreation or commerce
Navigable Waters Protection Act
Navigable Waters Works Regulations
Regulatory Purpose:
Legislation:
REFERENCES:
Forms:
Publications:
Letter format with required information and plans. Suggested Letter of
Application and Model Advertisement forms included in Application
Guide
Proof of Advertising by statutory declaration form
Navigable Waters Protection Act, Application Guide, Transport
Canada, Fisheries & Oceans, Canadian Coast Guard
The Canadian Aids to Navigation System, Fisheries & Oceans,
Canadian Coast Guard
REVIEW PERIOD OR SUBMISSION TIME:
90 + days for new projects / shorter time frame for existing works/repairs
INFORMATION REQUIRED:
Location
General description of the nature and extent of work
Anticipated time of construction
Site plans to scale. 10 copies with one copy bearing the certificate and signature of the local
Register of Deeds or Land Titles Office
APPROVAL PROCESS:
Submission to either DFO/CCG Pacific Office, Vancouver / DFO/CCG Central & Arctic Office,
Edmonton (dependent upon location – offshore Yukon / NWT)
Report prepared by CCG with conditions of operation
All types of works - licence is issued by DFO/CCG Vancouver office / DFO/CCG Central & Arctic
Offcie, Edmonton (dependent upon location – offshore Yukon / NWT)
Formal Licences: for all other works which are considered to interfere with navigation, application
is issued by CCG Pacific Office
DFO/CCG reviews the application and then requests Company to advertise in Canada Gazette and
two local newspapers
Application circulated to Interagency Review groups with 30 review period for comments
Company returns "Proof of Advertising" declaration form
53
Northern Operations – Guide to Permits and Approvals
Thirty day waiting period for public to respond to advertisement
Licence approval
(CEAA and/or the Inuvialuit EISC process also must be considered in the above approval process)
NOTES:
Alterations to original work described in application require Minister approval and
re-advertisement
Advertisement in two local newspapers and the Canada Gazette after being advised by Coast Guard
that approval is imminent
Proof of Advertising by statutory declaration is required. Form available
Interim approvals for urgent construction are no longer available
At conclusion of construction or operation, company will be required to sign a certified declaration
that all works are located as per the plans
Pipelines require suitable warning signs at all navigable water crossings
Permit or approval will not be issued until EISC review and possible formal hearings are complete
COST OF PERMIT:
Nil
Where an applicant seeks approval of a work subsequent to the commencement of the construction
of the work, a fee of $1,000 shall be payable to the Minister
SECTION 4 – SAMPLE APPLICATION FORMS
54
Northern Operations – Guide to Permits and Approvals
55
Northern Operations – Guide to Permits and Approvals
LIST OF SAMPLE APPLICATION FORMS:
Canadian Coast Guard – Navigable Waters, Letter of Application
Canadian Coast Guard – Navigable Waters, Model Advertisement
DIAND – Application for Land Use Permit
DIAND – Application for Quarrying Permit
DIAND – Schedule III Application for Water Licence, Amendment of Licence, or Renewal of
Licence
Environment Canada – Permit Application (Ocean Dumping)
Gwich’in Land and Water Board – Schedule 2 Information in Support of an Application for a Land
Use Permit
Gwich’in Land and Water Board – Schedule III Application for Water Licence, Amendment of
Licence or Renewal of Licence
Inuvialuit Land Administration – Application Form
Inuvialuit Land Administration – Land Use Licence
National Energy Board – Approval to Drill a Well
National Energy Board – Authority to Conduct a Diving Program
National Energy Board – Authority to Conduct a Geotechnical or Engineering Feasibility Program
National Energy Board – Authority to Conduct an Environmental Study
National Energy Board – Drilling Program Authorization
National Energy Board – Geological Operation Authorization
National Energy Board – Geophysical Operation Authorization
56
Northern Operations – Guide to Permits and Approvals
APPENDICES
1. Definitions & Abbreviations
2. Key Contacts
3. Reference Documents and Legislation
57
Northern Operations – Guide to Permits and Approvals
1. Definitions and Abbreviations:
ADW
Approval To Drill A Well
CC
Inuvialuit Community Corporations
CEAA
Canadian Environmental Assessment Act
CEPA
Canadian Environmental Protection Act
CPRA
Canada Petroleum Resources Act
DFO
Department of Fisheries and Oceans
DIAND
Department of Indian Affairs and Northern Development
DPA
Drilling Program Authorization
EIA
Environmental Impact Assessment
EIRB
Inuvialuit Environmental Impact Review Board
EISC
Inuvialuit Environmental Impact Screening Committee
EPS
Environment Canada, Environmental Protection Service
GLWB
Gwich’in Land and Water Board
GNWT
Government of the Northwest Territories
Gwich’in Tribal Council (GTC)
Refer to Gwich’in First Nation
Gwich'in Agreement
Comprehensive Land Claim Agreement between Canada
and the Gwich'in as represented by the Gwich'in Tribal
Council, signed on April 22, 1992 and approved, given
effect and declared valid by the Gwich'in Land Claim
Settlement Act
Gwich'in First Nation
The Gwich'in as represented by the Gwich'in Tribal Council
referred to in the Gwich'in Agreement
IFA
Inuvialuit Final Agreement
IGC
Inuvialuit Game Council
ILA
Inuvialuit Land Administration
IRC
Inuvialuit Regional Corporation
ISR
Inuvialuit Settlement Region as defined in the Agreement
given effect by the Western Arctic (Inuvialuit) Claims
58
Northern Operations – Guide to Permits and Approvals
Settlement Act
Mackenzie Valley
That part of the Northwest Territories bounded on the south
by the 60th parallel of latitude, on the west by the Yukon
Territory, on the north by the Inuvialuit Settlement Region,
and on the east by the Nunavut Settlement Area but does
not include Wood Buffalo National Park
MVLUR
Mackenzie Valley Land Use Regulations
MVRMA
Mackenzie Valley Resource Management Act
NEB
National Energy Board
NTWR
Northwest Territories Waters Regulations
OGPCA
Oil and Gas Production and Conservation Act
PLGA
Public Lands Grants Act
Territorial government
The government of the Northwest Territories.
59
Northern Operations – Guide to Permits and Approvals
2. Key Contacts:
Organization
Contact for Information
Department
Phone Number
Canadian Coast Guard
Navigable Waters
Protection Division
Mr. Steve Drumond
Edmonton - (Central &
Arctic region)
(780) 495-3701
Canadian Coast Guard
Navigable Waters
Protection Division
Mr. Jim Naylor
Vancouver - (Pacific &
Yukon region)
(604) 775-8866
Department of Fisheries
and Oceans
Mr. Ron Allen
Inuvik - NWT West
Area Manager
(867) 777-3314
Department of Indian
and Northern Affairs
Mr. Rudy Cockney
Inuvik – District
Manager / Resource
Management Officer
(867) 777-3361
Department of Indian
and Northern Affairs
Ms. Annette McRobert
Yellowknife – Regional
Manager – Lands
(867) 669-2500
Environment Canada
Ocean Dumping
Mr. Stephen Harbicht
Yellowknife Environmental
Protection Branch
(867) 669-4733
Gwich’in Land
Administration
Mr. Joe Benoit
Aklavik - Administrator
(867) 978-2340
Gwich’in Land and
Water Board
Mr. Ken Weagle
Inuvik – Executive
Director
(867) 777-4954
Inuvik
(867) 777-3506
Gwich'in Land Use
Planning Board
Mr. Rob Walker
-
Inuvialuit Environmental
Impact Screening
Committee
Ms. Linda Graf
Tuktoyaktuk – Resource
Person
(867) 777-2828
Inuvialuit Land
Administration
Mr. Hans Arends
Tuktoyaktuk - Land
Administrators
(867) 977-2202
National Energy Board
Mr. Andy Graw
Calgary – Drilling
Engineering Specialist
(403) 299-2790
National Energy Board
Mr. John Korec
Calgary - Environmental
Assessment Officer
(403) 292-6614
Mr. Calvin Pokiak
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Northern Operations – Guide to Permits and Approvals
3. Reference Documents and Legislation:
Relevant Agreements and Legislation
1. Agreements
§ Champagne and Aishihik First Nations: Final Agreement - May 29, 1993
§ Council for Yukon Indians: Umbrella Final Agreement - May 29, 1993
§ First Nation of Nacho Nyak Dun: Final Agreement - May 29, 1993
§ Inuit of the Nunavut Settlement Area: Agreement - May 25, 1993
§ Inuvialuit: Final Agreement - Western Arctic Claim - 1984
§ Nunavut Land Claims Agreement – 1993, Amended 1998
§ Sahtu Dene and Métis: Comprehensive Land Claim Agreement - Sept 6, 1993
§ Teslin Tlingit Council: Final Agreement - May 29, 1993
§ Tetlit Gwich’in: Yukon Transboundary Agreement - April 22, 1992
§ The Gwich’in: Comprehensive Land Claim Agreement - April 22, 1992
§ Vuntut Gwich'in First Nation: Final Agreement - May 29, 1993
2. Relevant Federal Legislation
Canada Oil and Gas Operations Act
§ Canada Oil and Gas Certificate of Fitness Regulations
§ Canada Oil and Gas Diving Regulations
§ Canada Oil and Gas Drilling Regulations
§ Canada Oil and Gas Geophysical Operations Regulations
§ Canada Oil and Gas Installations Regulations
§ Canada Oil and Gas Operations Regulations
§ Canada Oil and Gas Production and Conservation Regulations
§ Oil and Gas Spills and Debris Liability Regulations
Canada Petroleum Resources Act
§ Environmental Studies Research Fund Regions Regulations
§ Frontier Lands Petroleum Royalty Regulations
§ Frontier Lands Registration Regulations
Canadian Environmental Assessment Act
§ Comprehensive Study List Regulations
§ Exclusion List Regulations
§ Inclusion List Regulations
§ Projects Outside Canada Environmental Assessment Regulations
Canadian Environmental Protection Act
Department of Fisheries and Oceans Act
Department of Indian Affairs and Northern Development Act
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Northern Operations – Guide to Permits and Approvals
Federal Real Property Act
§ Canada Oil and Gas Drilling and Production Regulations (with Territorial Lands Act)
§ Canada Oil and Gas Land Regulations (with Territorial Lands Act)
§ Federal Real Property Regulations
Fisheries Act
§ Effluent Regulations (various)
§ Fish Health Protection Regulations
§ Fishery (General) Regulations
§ Management of Contaminated Fisheries Regulations
§ Marine Mammal Regulations
§ Northwest Territories Fishery Regulations
Gwich’in Land Claim Settlement Act
Navigable Waters Protection Act
§ Navigable Waters Works Regulations
Northwest Territories Waters Act
§ Northwest Territories Waters Regulations
Nunavut Act
Nunavut Land Claims Agreement Act
Sahtu Dene and Métis Land Claim Settlement Act
Territorial Lands Act
§ Canada Oil and Gas Drilling and Production Regulations (with Federal Real Property Act)
§ Canada Oil and Gas Land Regulations (with Federal Real Property Act)
§ Oil and Gas Land Order (various)
§ Territorial Dredging Regulations
§ Territorial Land Use Regulations
§ Territorial Lands Act Exclusion Order
§ Territorial Lands Regulations
§ Territorial Quarrying Regulations
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