Samuel Wat · CBC News
Decision released Friday outlines reasons for rejecting 4th draft in nearly 20 years
The Nunavut Planning Commission says it accepts the reasons for the rejection of the territory’s land use plan, which has been in the works for nearly two decades.
On Friday, the three signatories — Nunavut Tunngavik Inc. (NTI) and the territorial and federal governments — released a 200-page document outlining their reasons for rejecting the recommended draft plan which was released in 2023.
None of them made themselves available on Monday for comment.
As one of the largest plans of its kind in the world, it 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.
This is the fourth draft since work on the plan began in 2007.
In a news release Monday, the commission said it recognizes Nunavummiut have waited a long time for an approved land use plan, and it notes the three signatories provided “significant direction and recommendations” about the need to listen to different regional Inuit perspectives and finding a balance between conservation and economic development opportunities.
WATCH | Mining claims continue as world’s largest land use plan in Nunavut remains unsigned:
Mining claims continue as world’s largest land use plan in Nunavut remains unsigned
The Nunavut land use plan still hasn’t been signed 19 years after work on it first started. As that process drags on, some Nunavummiut are nervous about the damage being done to their lands. The CBC’s Samuel Wat has that story.
Lack of regional differences
The three signatory parties believe the recommended plan’s one-size-fits-all approach fails to consider the distinct challenges facing each of the territory’s three regions.
“Despite repeated requests the commission adopt regional approaches, the commission has opted to apply the same zoning designations over the whole of the Nunavut Settlement Area,” NTI said in its decision.
NTI said it has consistently supported regional caribou protection measures by their respective Inuit associations.
For example, it cited the regular shifts in caribou calving areas in the Kitikmeot region, making the “static habitat protection approach questionable.”
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In the Baffin region, NTI said the focus is on caribou seasonal habitat needs, but the plan has protections during calving season but none during the winter.
NTI said in all three regions, Inuit associations want to see flexible wildlife protection rules that move with the animals.
Recognizing Section 35 rights
The “overlays” — or extra rules or exceptions — on Inuit-owned lands as detailed in the proposed plan are also untenable for the three signatories, who believe the approach fails to take into account Inuit goals and objectives as required under the Nunavut Agreement.
“The fundamental reason for this failure is that the Commission declined to meet and consult with the DIOS (designated Inuit organizations) about the concept of the IOL (Inuit-owned land) overlay before using this approach,” NTI said.
The federal government said the commission’s approach to zoning provides for exceptions to some prohibitions, which could pose a burden on Inuit organizations by delaying decisions on appropriate land use to a later date.
They say the plan also affects key caribou habitats for the Ghotelnene K’odtįneh Dene and Athabasca Denesųłiné in northern Manitoba and Saskatchewan.
The government of Canada said as rights holders under Section 35 of the Constitution Act, the two First Nations should also be consulted on any revisions to the plan’s zoning or requirements.
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“The plan must be interpreted and applied in a way that upholds the Aboriginal and treaty rights of Indigenous peoples” the federal government said.
Too much focus on conservation, not enough on development
NTI also criticized what it considers a lack of a “balanced approach between social development, conservation, and sustainable economic development.”
It said the land use designations mostly focus on enhancing conservation, and there are few terms that address social or economic development.
For example, NTI said the Kivalliq and Kitikmeot Inuit associations have requested more support for sustainable mineral economic development in their regions.
The federal government takes issue with a ban on all-season access to projects subject to existing rights protections. It cited the Nunavut Agreement, which states any proposed restrictions on land use must come with “the least possible impact on undiscovered mineral resources, while taking into account environmental and social objectives.”
It takes issue with a provision that does not “permit the carrying out of ‘permanent all-season linear infrastructure’ where prohibited ‘outside the footprint’ of an existing right.”
The Nunavut government also wants to see restrictions in some sensitive bird habitat areas lifted to allow for marine infrastructure development like ports and cable projects.
The land use plan also has exceptions for planned projects that haven’t completed regulatory approval, such as the Grays Bay Road and Port and the Kivalliq hydro-fibre link. The federal government said the routing for those corridors could still change, and it wants the plan to reflect that fluidity.
