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Public meeting (COMMUNITY NAME) Government of the Northwest Territories We want to know what you think. This is a public engagement meeting. Your ideas and opinions are important. We are seeking input directly from Aboriginal


  1. Public meeting (COMMUNITY NAME) Government of the Northwest Territories

  2. We want to know what you think. • This is a public engagement meeting. Your ideas and opinions are important. • We are seeking input directly from Aboriginal governments. • HFRegulations@gov.nt.ca 2

  3. What we’ve heard over many years • We have held hundreds of meetings to talk about land use, resource management, water stewardship, and economic development. • Northern priorities related to oil and gas development are consistent: – Protect the environment (especially water and air) – Disclosure and reporting – Economic benefits to local communities 3

  4. Proposed regulations would tighten existing requirements for: • Baseline surface and groundwater information • Public disclosure • Measures to address air quality • Reporting 4

  5. Resource and Land Management in the Northwest Territories • Devolution gave NWT residents more responsibility for the regulatory system. – Rights in respect of water – Land – Mineral and petroleum resources 5

  6. We have a flexible, northern approach to decision-making • Public process that ensures the community is heard. • Respects the roles of Aboriginal governments. • Considers all of the needs: environmental, economic, social, cultural. • Sets requirements that are right for that operation. • Reporting, monitoring, and inspections to make sure industry is complying. • Takes enforcement actions where appropriate. 6

  7. Land and Water Regulation • A coordinated system that ensures the effects of human activities are fully considered. – Biological, physical, social, cultural, economic effects • Territorial and federal legislation • Land claims agreements 7

  8. Environmental impact assessments No permits or licences can be issued until the EIA requirements of the MVRMA are met • Environmental impact assessment processes are public • All records are posted to Land and Water or Review Board public registries • Public attend public meetings and hearings, ask proponents questions, provide written and public evidence to boards • GNWT’s role is guided by public legislation and policy • Environmental assessments: Individuals or groups may also apply to MVEIRB for party status 8

  9. EA decisions • The Responsible Ministers (territorial and federal) must reach consensus. • Crown’s duty to consult Aboriginal peoples must be met • 5 month time limit for most EA decisions 9

  10. Regulatory Process – Post EA • Government and all regulatory authorities must act in conformity with the government’s decision on the Review Board's recommendation. – Permits, licences, and authorizations must conform with EA decision • There may be additional public processes. – Review of draft land use permit, water licence reviews and hearings • GNWT inspects and enforces terms and conditions of land use permits and water licences • Non-compliance with a permit or licence is an offence (fines, jail time, or both) 10

  11. Water Licensing • The Minister of Environment and Natural Resources now has authority for water, including the approval of all Type A and Type B water licences (where a public hearing is held). • Through water stewardship and partnership, we can all work together to make sure the waters of the NWT remain clean, abundant and productive for all time. 11

  12. Cumulative Impact Monitoring • Cumulative Impact Monitoring is a statutory requirement as part of the MVRMA and is a treaty obligation under the Gwich’in , Sahtu, and Tlicho land claim agreements. • Generates information on the cumulative impact of uses of land and water and deposits of waste on the environment, so that decision-makers and communities can make more informed resource management decisions. 12

  13. Environmental Audits • Requirement of the Mackenzie Valley Resource Management Act and a treaty obligation under the Gwich’in , Sahtu and Tlicho land claim agreements. • Conducted by an independent auditor. • Reviews effectiveness of programs and processes related to monitoring cumulative impacts and effectiveness of the regulation of land and water use and the deposit of waste in the Mackenzie Valley. 13

  14. Regulation of Oil and Gas Activities • Protect human health and safety and environment as a result of activities undertaken to develop petroleum resources – Issue authorizations – Respond to incidents – Inspections and compliance • Two regulators: OROGO and the NEB 14

  15. Current monitoring & research related to hydraulic fracturing in the NWT • Seismic Monitoring • Inventory of Landscape Change • Watershed Framework for Assessing Cumulative Impacts • Sahtu Environmental Research and Monitoring Forum • Benthic Invertebrate Samples • Central Mackenzie Surface Water and Groundwater Baseline Assessment • Caribou Genetic Diversity Population Study • Forest Succession and Regeneration Initiative • State of Spatial Knowledge Project • Traditional Knowledge initiatives 15

  16. Hydraulic Fracturing Filing Regulations

  17. Why Develop Hydraulic Fracturing Filing Regulations? • Current requirements do not address northerners’ most common environmental or reporting concerns. • Tremendous shale oil and gas potential in the NWT. • Commitment to ongoing regulatory enhancement. 17

  18. Hydraulic Fracturing Process

  19. Background • Many meetings with communities, Aboriginal governments, NWT leadership and stakeholders to determine priorities for land and resource management, environmental protection, and economic development. • Research into national and international best practices • Identified four Northern priority subject areas not adequately covered by inherited NEB filing requirements: • Baseline surface and groundwater information • Public disclosure of chemical additives and fracture fluids • Air quality • Enhanced reporting and disclosure (pre- and post-fracture) 20

  20. Regulations • Describe the information that the proponent is required to file with their application. • Apply in the onshore NWT except the Norman Wells Proven Area and other federal areas. • Provide the information the regulator needs to make decisions. 21

  21. Content of Regulations The regulations will require applicants to submit the following materials with their applications for an operating authorization: • a risk assessment • an environmental protection plan • a spill contingency plan • an all-season well pad plan (if all-season well pads will be used) • an inter-well distance plan • an indication of whether the applicant is willing to prepare and publicly disclose certain reports 22

  22. Content of Regulations The regulations will require applicants to submit the following materials with their applications for a well approval: • an operations plan • a description of geophysical hazards • a description of the oil and gas target formations • a hydraulic fracturing program design • a description of the way suspected seismic events will be monitored and reported • a drilling program demonstrating water protection measures • a description of the well casing and cementing • a description of the well control system • a demonstration of the operator’s ability to drill a relief well • a description of the proposed well completion • a demonstration that all possible hydraulic fracturing design variables have been considered • a description of the well hydraulic fracturing equipment and operation • a description of the formation flow testing program 23

  23. Timelines For Development of Regulations • Draft Regulations published. • Minimum 90 day public review and engagement period – April to June includes: Intergovernmental Council, Aboriginal Governments, Oil and Gas Regulators (NEB, OROGO), Public, Industry, NGOs. • Make changes to Regulations as a result of input received. • Cabinet will make the final decision. 24

  24. Thank you. Questions? 25

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