A new federal bill aims to approve projects faster. What would that mean for consultation in Nunavut?
The One Canadian Economy Act, introduced last Friday, will speed up the approval process of major infrastructure projects — reducing approval times from five years to two.
It also introduces a "one-project, one-review" approach instead of having federal and provincial approval processes happen sequentially.
Nunavut has its own process to assess major projects through the Nunavut Impact Review Board, which is protected under the Nunavut Agreement.
"They cannot fast-track anything without a robust system that ensures that First Nations, Inuit and Métis do give our free, prior and informed consent," said Lori Idlout, the NDP MP for Nunavut.
Idlout said she's concerned about how the federal government will speed up the process to approve major projects while still fulfilling the duty to consult.
"I don't think there's a possibility for them to go hand in hand," she said.
Idlout also said Indigenous people still need to be at the forefront of any conversations about development, especially in Nunavut.
"We need to ensure that they are heard. They are the ones who know the land, they know the migration," she said. "It's the hunters and trappers organizations whose voices need to be amplified at this time."
No changes expected, review board says
Dionne Filiatrault, executive director of the Nunavut Impact Review Board, told CBC in an email that she doesn't expect much to change if the legislation passes.
"The Nunavut Agreement already establishes what we call a 'one window approach' but in essence is in line with a one project, one assessment approach," Filiatrault wrote.
She also said current proponents of major Nunavut projects spend a lot of time working with the review board and other bodies "to optimize the process prior to submission of application."
"At this time I am not foreseeing any changes to the NIRB processes," she wrote.
Land use plan needed
Former Nunavut premier and current lead Arctic specialist for the World Wildlife Fund Paul Okalik said Nunavut's environmental review legislation is robust.
"The agreement is constitutionally protected and our rights are hard-earned and it was a hard bargain," Okalik said. "It took a long time and it can't just be overwritten by any one person in this country."
Okalik also said having a land use plan for Nunavut in place will help. A draft plan was submitted in 2023 and still hasn't been approved.
The plan sets out which areas of the territory are open for development and which are protected. It also tells developers where projects, like mines, will be allowed and under what conditions.
"That would clearly identify the issues in play, like areas that are important to the communities, in particular being protected, and other areas being open for development," Okalik said.
In the absence of a plan, the review board process acts as a stopgap measure, but it's not always effective, Okalik said.
"It has been touch and go. So depending on any given day, it can work in favour of the communities and Inuit. On another day it could be going the other way. So it's really uncertain at this time given the absence of any land use plan."
Nunavut Premier P.J. Akeeagok said he's pushed for support on several major infrastructure projects, including the Grays Bay Road and Port and the Kivalliq Hydro Fibre Link.
Even so, Akeeagok said, those projects need to involve people on the ground.
"All the projects that we put in was really from the lens of making sure that these are being led by Inuit, for Inuit. That really will have a huge benefit not only for the territory but for the country," Akeeagok said.
For its part, the federal government said it will uphold the duty to consult and involve Indigenous communities through a new federal projects office, it said in a news release about the bill.
That office will include an advisory council with Inuit, First Nations and Métis.
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