Minerals Industry Support for Bill C-47 Presentation to: The Standing Committee on Aboriginal Affairs and Northern Development February 5, 2013 Introductions • Industry Association Representatives – Nadim Kara, Prospectors & Developers Association of Canada – Tom Hoefer, Executive Director, NWT & Nunavut Chamber of Mines • We are here to support Bill C-47, with: – Cover letter for NUPPAA and NWTSRBA – More detailed written brief for NUPPAA – Deck with some industry background 2 Mining’s importance to the North • Mining is the largest private sector contributor in the North • Its direct contribution exceeds all other private sectors • It also contributes to other sectors, eg, real estate, transportation and construction. • Nunavut’s one mine is already contributing ~ 15% of GDP NWT GDP (2009) Other 27% Mining 29% Public Admin 12% Oil & Gas 4% Construction 9% Real Estate 12% Transportation 7% 3 Mines create huge value NWT, Nunavut and Yukon Mining Production $2,500 NWT Nunavut $2,000 $C Millions $1,667 $2,045 $1,831 $1,790 Yukon $2,144 $2,123 $2,112 $1,638 $1,507 $1,500 $1,000 $874 $779 $653 $500 $349 $682 $385 $321 $317 $272 $35 $35 $4 $32 $35 $13 $0 2003 2004 2005 2006 2007 2008 2009 $0 1999 2000 2001 2002 2010 $414 2011(p) Natural Resources Canada – March 2012 • World class diamond mines are a huge contributor to the NWT • Nunavut’s industry has the potential to match or exceed NWT 4 Value translates to huge community benefits • From 1998 – 2010, diamond mines contributed: – More than 17,000 person years northern employment • Nearly 9,000 (more than 50%) Aboriginal – Over $8.5 billion in northern business • Nearly $4 billion is Aboriginal • Nunavut’s gold mine also making high contributions • Mining is the largest employer of Aboriginal people 5 Huge Aboriginal business success • Diamonds helped create many new Aboriginal companies • • • • • • • • • • • • • • • • • • • • • • • Ekati Services I&D Management Services Ltd. Tli Cho Logistics Tli Cho Landtran Tli Cho Cement Tli Cho Air Denesoline Western Explosives Metcon Tli Cho Explosives Kete Whii Ltd. Kete Whii Procon Sodexho Alliance Exploration Medical Services Kitikmeot Cementation Lac De Gras Constructors Nishi Khon SNC Lavalin Inc. North Slave Logistics Nuna Logistics SecureCheck Lac De Gras Constructors Nishi Khon / SNC Lavalin Inc. A.T.B. Construction Bouwa Whee Catering • • • • • • • • • • • • • • • • • • Det'on Cho DNX Det'on Cho Earth Energy Det'on Cho Foraco Det'on Cho Hazco Det'on Cho Nahanni Construction Det'on Cho New North Det'on Cho NUNA Det'on Cho Pure Earth Elements Environmental Solutions Det'on Cho Scarlet Security Det'on Cho Stantec Det'on Cho Training and Conference Centre Det’on Cho Logistics Det’on Cho Medic North Det’on Cho Mining Supplies DICAN / ADG Kete Whii / Ledcor Kete Whii / Procon Trinity Helicopters • • • • • • • • • • • • • • • Akaitcho Helicopters Dene-Emco Ltd. Denesoline/Aboriginal Engineering Ltd. Denesoline/Air Tindi Joint Venture Denesoline/Arcan Constructio Denesoline/De Beers Labour Contract Denesoline/Discovery Mining Services – Logistics Expediting Denesoline/Deton Cho/Procon Denesoline/Deton Cho/Ledcor Denesoline/Dyno Nobel Denesoline/ESS Compass Denesoline/McCaw Drilling and Blasting Denesoline/Nuna Logistics Denesoline/Tlicho Logistics Lutsel K’e Air Services 6 Corporate and Mining Taxes Diamond Mining Taxes $700 $600 $C millions $500 Mining royalties NWT Corporate Taxes Federal Corporate Taxes $400 $300 $200 $100 $0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Source: GNWT – ITI Economic Model 7 Various additional mining benefits • Fuel & Property taxes paid to GNWT Tax Already paid Still to pay Total Fuel Taxes $ 77 million $ 68 million $145 million Property Taxes $123 million $260 million $383 million Total $200 million $328 million $528 million • $34 million in Resource Royalty sharing with settled Aboriginal claimants since 2001 (devolution promises more) Claimant Group Gwich’in Diamond Royalty share $ 11 million Sahtu $ 10.8 million Tlicho $12.8 million 8 Unfortunately mines don’t last forever • Current NWT and Nunavut mine lives Mining Operations 1997 2000 2003 2006 2009 2012 2015 2018 2021 2024 2027 2030 Ekati Diavik Snap Lake Cantung Meadowbank 9 Advanced projects could become new mines Izok (base metals) Selwyn (base metals) Ulu (gold) Hackett River Hope Bay (base metals) (gold) High Lake (base metals) Mary River (iron) Courageous (gold) Roche Bay (iron) NICO (gold,cobalt, bismuth) Chidliak (diamonds) Prairie Creek (base metals, silver) YK Gold (gold) Pine Point (base metals) Gahcho Kue (diamonds) Nechalacho (rare earths) Committee Bay (gold) Meliadine Kiggavik (gold) (uranium) Back River (gold) Lupin Jericho (gold) (diamonds) 10 Not slam dunks, but good potential for new mines 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039 Nunavut Projects NWT Projects Jericho Izok & High Lake Lupin & Ulu Gold Hope Bay Back River Hackett Kiggavik Meliadine Mary River Roche Bay Gahcho Kue NICO Pine Point Nechalacho Yellowknife Gold Prairie Creek 11 NWT exploration is not what it could be NWT, Nunavut and Yukon Mineral Exploration $600 $500 NWT Nunavut Yukon $C Millions $400 $300 $200 $100 $0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 NRCan – November 2012 • • NWT languishing – should have similar investment levels as NU and Yukon. In the face of strong global “boom”, our actions created a “bust” in the NWT. 12 Canadian Share of Exploration NWT & NU as % of Total Canadian Mineral Exploration 20 % of Total Canadian Spending 18 16 14 12 10 8 6 Nunavut 4 NWT 2 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 NRCan – November 2012 • Legislative uncertainty in the NWT has created Investment decline. We need to take actions to create a real turnaround. 13 Industry support for Bill C-47 • We support the enactment of the NWTSRBA – Provides a “court of last resort” to help deal with land use conflicts – Important to fulfil land claim obligations – Readies legislative framework for devolution • We support the enactment of NUPPAA with six amendments 14 Amending NUPPAA will add balance Economic Social Environmental The Sustainable Development Triangle 15 NUPPAA: Timelines • Timelines and Timeframes: – We strongly support establishing an environmental and socio-economic review & assessment process of 24 months – Good for investment, and supports Nunavut’s unique logistical challenges with seasonal “windows of opportunity” for construction – Further refinements can be made to various open ended timelines, eg, clauses 92(4), 110, 112(9), 120(8) & 131. • Recommend: further review of timelines in order to verify that they will consistently achieve the federal government’s objective of not more than 24 months to complete reviews 16 NUPPAA: Schedule 3 Exemptions Incomplete • Schedule 3 – Classes of Works and Undertakings Exempt from Screening – Schedule 12-1 of the Nunavut Land Claims Agreement authorizes NIRB and the Minister to agree on additional classes of activities and projects that are exempt from screening – If the Minister and NIRB have made any agreements of this kind, Schedule 3 should list the exempted works and activities – It is important for Schedule 3 to be “populated” in the final version of the Act so that potential exemptions are clearly set out • Recommend: Schedule 3 be completed and included in the final version of NUPPAA ultimately proclaimed into law. 17 NUPPAA: Minor Variances • Minor Variances: – Minor variances provide a flexible and adaptive approach to projects that, strictly speaking, may not entirely conform – GOOD – HOWEVER, process for dealing with minor variances is quite complex – Recommend Commission be authorized to grant or deny minor variances. • Recommend: NUPPAA be amended by deleting subsections 81(3), 81(4) & 81(5) and renumbering subsection 81(6) as subsection 81(3). 18 NUPPAA: Offences • Offences under Land Use Plans: – Inappropriate, unnecessary and unorthodox to create offences under land use plans – Offences also not contemplated by the Nunavut Land Claims Agreement. – Offences are more appropriate under the permits issued by regulators, permits that require compliance • Recommend: NUPPAA be amended by deleting subsection 48(4) along with the references to that provision in subsection 69(1) and paragraph 74(f). 19 NUPPAA: “Grandfathering” • Retroactive Application of New or Amended Land Use Plans: – Billion dollar mine investments are captive to their mineral deposits, and cannot move if rules are changed – Current NUPPAA has complex, ambiguous & potentially contradictory wording on grandfathering • Recommend: NUPPAA clearly provide that new or amended land use plans do not apply to licences, permits or other authorizations required for projects after their original submission or approval; or where projects have been suspended or works will be rebuilt within a period of less than five years after their original approval. 20 NUPPAA: 5-Year Review • Recommend 5-year Review – While we strive for perfection, it is virtually inevitable that further refinements and adjustments will be necessary. – 5-Year Review currently underway under the Yukon Environmental and Socio-economic Assessment Act – Could have resolved MVRMA challenges sooner • Recommend: NUPPAA be amended to provide that the legislation must undergo a comprehensive review initiated 5 years after proclaimed into force. 21 Conclusion • • • • Mining is the North’s economic advantage Mining is creating significant community benefits We must sustain and grow these benefits NUPPAA and NWTSRBA can add to a stronger, more certain, and beneficial minerals industry for northerners and Canada 22 Why it matters Courtesy Diavik Diamond Mines Inc. 23