Pre-Hearing Conference November 6-10, 2011 Submissions of BIM on Process Issues

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Pre-Hearing ConferenceNovember 6-10, 2011

Submissions of BIM on Process Issues

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Anticipated Date for Submission of Final EIS

• BIM currently anticipates the date for submission of the Final EIS will be January 31, 2012

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Date, Time and Location of Final Hearing

• Date– In accordance with the NIRB review process, BIM

understands that the final hearing will be scheduled approximately 90 days from the submission of the FEIS (making for a hearing date in May 2012)

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• Location– BIM understands that under Rule 36 of the Rules

of Procedure, the Board may direct both a formal hearing venue and informal hearing venues

– BIM understands that the formal hearing venue will be focused primarily on technical evidence

– BIM suggests that Iqaluit is probably the most efficient venue for the formal hearing

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• Location (continued)– BIM understands that the Board may also

establish informal hearing venues that focus primarily on providing interested persons and Elders the opportunity to communicate their views about the project proposal in an informal environment

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• Location (continued)– BIM understands that the Board will likely give

consideration to informal hearing venues in the communities, or to providing community members with the opportunity to communicate their views in a central location such as Iqaluit

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• Time– BIM expects that the time required for the final

hearing will likely be approximately 2 weeks, subject to further reconsideration closer to the hearing date

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Timetable for Exchange of Documents and Information Requests

• BIM understands that the Board may establish a schedule for the filing of information requests and responses under Rule 17 of the Rules of Procedure

• BIM understands that under Rule 20.2, the Board, in issuing the 60 day notice of hearing, may set a schedule showing time limits for filing of certain documents

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Timetable for Exchange of Documents and Information Requests

• With respect to the filing of written submissions and documentary evidence of the Parties, BIM requests that the Board set a date which is not less than 30 days prior to the commencement of the final hearing, in order to give BIM adequate time to respond

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Formulation of Issues for the Hearing

• BIM understands that under Rule 24 of the Rules of Procedure, the Board decides the issues to be considered in a hearing

• BIM is prepared to address each of the issues reviewed in the FEIS, but understands that the Board may wish to scope the issues and to stress particular issues and concerns for the final hearing

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Procedures to be Followed in the Hearing

• BIM understands that the Board will follow its Rules of Procedure

• As noted above, BIM requests that submissions and documentary evidence to Parties be filed 30 days before the final hearing

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Procedures to be Followed in the Hearing

• BIM understands that prior to the hearing, the Board may hold a further pre-hearing conference to address procedural issues (see Rule 21 of the Rules of Procedure)

• A further pre-hearing conference closer to the date of the final hearing may assist in the formulation of issues for the hearing and in the consideration of procedural issues

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Equipment, Language, Interpretation, Translation and Transcript Requirements

• BIM understands that the Board will make the most appropriate arrangements for these requirements

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Other Matters that may aid in the Simplification of the Hearing

• BIM suggests that the Board confirm that submissions, reports and documents may be filed electronically with the Board

• BIM also suggests that, when documents are filed electronically with the Board, an electronic copy should be forwarded simultaneously to the proponent and to the Parties

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Other Matters that may aid in the Simplification of the Hearing

• BIM suggests that NIRB continue to issue information notices to the distribution list to ensure all interested parties have notice of filings

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NWB Type A Licencing Process

• BIM has committed to including, in the FEIS, an appendix containing the application for a Type A Water Licence

• BIM will continue to work with the NWB in meeting the requirements of the NWB respecting the coordinated process

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NPC/NIRB Joint Review of Transportation Corridor

• The following is a summary of the joint review process respecting the NPC:– April 30, 2008 – NPC confirms that the project

conforms with the North Baffin Regional Land Use Plan (NBRLUP), and notes that a joint process to address the prospective transportation corridor is contemplated by the provisions of sections 3.5.11 and 3.5.12 of Appendix C of the NBRLUP

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– June 27, 2008 – NIRB completes its screening decision of the Project and recommends a Part 5 review to the Minister. NIRB seeks the Minister’s advice on the question of the transportation corridor under the NBRLUP.

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– February 11, 2009 – Minister of Indian Affairs and Northern Development refers the project to a Part 5 review under Article 12 of the NLCA. The Minister encouraged NIRB and the NPC to develop an arrangement of agreed upon processes to address the prospective transportation corridor

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– March 16, 2009 – NIRB and the NPC issued a joint letter to announce agreement on a joint review process respecting the transportation corridor

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– November 16, 2009 - the NIRB Guidelines for the preparation of the EIS reflect the joint review of the transportation corridor in s. 1.4.1 and confirms that an appendix included in the EIS, with references to the information required by Appendices J and K of the NBRLUP will serve as the Proponent’s formal application for an amendment to the NBRLUP

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– Appendix 1C-2 of the DEIS references the information required by Appendices J and K of the NBRLUP, and serves as the Proponent’s formal application for an amendment to the NBRLUP

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– The joint review process provides for consideration of the amendment application in the Technical Review, and indicates that, at the pre-hearing conference, NPC and NIRB will determine whether the information requirements of Appendices J and K of the NBRLUP have been met

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– BIM submits that the information requirements of Appendices J and K of the NBRLUP have been met in the DEIS

Pre-Hearing Conference November 6-10, 2011 Submissions of BIM on Process Issues

Documents

Transcript of Pre-Hearing Conference November 6-10, 2011 Submissions of BIM on Process Issues