Northwest Territories Activity Report to the Mackenzie River Basin Board

November 2015 Contents

1. Government of the Northwest Territories (GNWT) Initiatives 1  GNWT Drinking Water Action Plan

 NWT Cumulative Impact Monitoring Program

 Transboundary Rivers Water Quality Network

 Guidelines for the Determination of Water Quality Objectives

2. Joint/Other Initiatives

 NWT Water Stewardship Strategy

 Canada-wide Strategy for the Management of Municipal Wastewater Effluent

 Water Boards

 Environmental Assessments and Regulation

 Conservation Planning in the NWT

 Land-Use Planning 1. GNWT INITIATIVES

GNWT Drinking Water Action Plan Managing Drinking Water Quality in the Northwest Territories (May 2005) outlines a safe drinking water framework and strategy for the NWT that includes keeping NWT water clean. The current focus is on supporting communities in areas of community-based monitoring, source water protection planning, water treatment plant infrastructure management (planning, design, construction, and operations), operator certification, meeting regulatory requirements, and monitoring water quality. Increasing public awareness and making drinking water quality data available through a drinking water quality database have been key activities. Community drinking water quality data is accessible via the GNWT Municipal and Community Affairs’ website. The GNWT regularly releases reports on drinking water for NWT communities. The latest full report was released in 2014 and will be released every even number year (2014/16/18, etc.); summary reports highlighting water quality and sampling statistics will be released every odd number year (2013/15/17, etc.). Public awareness videos on a variety of topics related to drinking water management are available on the GNWT Health and Social Services HSS YouTube Channel. Community source water catchment maps are available. In the near future, GNWT will be releasing a new website solely focused on drinking water information for the public.

NWT Cumulative Impact Monitoring Program The Northwest Territories Cumulative Impact Monitoring Program (NWT CIMP) uses science and traditional knowledge to examine how all uses of land and water, and deposits of waste, together affects the environment of the NWT now and in the future. Program activities are designed to meet the information needs of decision makers. The program is based in land claim agreements and legislation, and follows a community-based approach to monitor the human and biophysical aspects of the environment. Programs in all regions of the NWT are underway with a focus on priorities set by decision-makers which include fish, water, and caribou. The program is guided by the NWT CIMP Steering Committee, which is a partnership among NWT Aboriginal governments, the Government of Canada, and the Government of the Northwest Territories. Currently, NWT CIMP is conducting a 2015 Environmental Audit by collecting feedback on the regulatory system and on the analysis of environmental trends through an online public questionnaire which will form an audit report for release in 2016. In addition, the NWT CIMP annual report 2013-2014 is now available online. The report provides statistics on funding, partnerships and key monitoring projects in the NWT.

Transboundary Rivers Water Quality Network The Water Resources Division is continuing water and suspended sediment sampling programs on the four major rivers entering the NWT from other jurisdictions, specifically, the Slave, Hay, Liard and Peel Rivers. Sampling has been done using a centrifuge since the early 1990s to collect suspended sediments and centrifugate water, in addition to grab samples of surface water. Depending on the river, laboratory analyses include physical parameters, major ions, nutrients, metals, hydrocarbons, organochlorines, chlorinated phenols and dioxins and furans. Under this program, the Slave and Hay Rivers have been sampled for suspended sediment two to three times each year since 2011; the Liard River since 2013; and the Peel River in 2012 and 2015.

Page 3 of 8 Information from transboundary water and suspended sediment monitoring programs are used to 1) provide a general overview of the current state of water and suspended sediment quality; 2) determine if water quality has changed over time; 3) help to address community concerns about metals and organic compounds in the rivers; and, 4) support the development of water quality objectives for established and future transboundary bilateral agreements.

Results have been written up into technical reports accompanied by plain language summary brochures that are suitable for public distribution. Reports (technical and plain language) are available for the Slave and Hay Rivers. A technical report is also available for the Peel River (the plain language summary brochure is nearly complete). For the Liard River, work on a State of the Aquatic Knowledge (SOAK) Report will begin shortly, in collaboration with BC. The Liard River SOAK Report will be a very useful tool for bilateral implementation. A similar report for the Hay River Basin has also been initiated collaboratively between Alberta and the NWT.

Guidelines for the Determination of Water Quality Objectives In 2005, the Auditor General’s Report recommended that AANDC establish regulations for waste disposal in the NWT. The Auditor General states that “applicants for licenses or permits should be able to know before they submit their proposals the standards for water use and waste disposal that they must meet.”

The GNWT is continuing the work started by AANDC and is working towards developing guidance for the derivation of Site-Specific Water Quality Objectives (SSWQOs) in the Northwest Territories. The principles and steps of such a process will contribute to the development of a consistent and clear process for the determination of downstream SSWQOs for industrial projects in the NWT.

To date, the Department has developed a draft “Water Classification System for the NWT” which is the first step towards derivation of SSWQOs for individual water bodies. It is anticipated that this water classification system will be shared publicly in early 2016 to seek feedback and input. The Department continues to work to define the approach and methodology for the derivation of water quality objectives for each classification. The GNWT would like to collaborate with members of the MRB to strive for consistency and a shared learning with regard to site-specific water quality objective development.

2. JOINT/OTHER INITIATIVES

NWT Water Stewardship Strategy The Government of the Northwest Territories (GNWT), Aboriginal Affairs and Northern Development Canada (AANDC) and Aboriginal Governments released Northern Voices, Northern Waters: NWT Water Stewardship Strategy (the Water Strategy) in May 2010. An associated Action Plan was released in May 2011 to guide the implementation of the Strategy-identified “Keys to Success” for 2011-2015. Both documents may be downloaded from the NWT water stewardship website. Since April 1, 2014, GNWT is responsible for administering the laws that regulate water in the NWT, and AANDC no longer shares the responsibility of coordinating Water Strategy implementation with GNWT. The implementation is guided by Aboriginal Governments through an established Aboriginal Steering Committee. Other water partners such as non-governmental organizations, federal and territorial departments, community organizations and academic institutions are very important and support the implementation in various ways. The first implementation phase of the Water Strategy is coming to an end. A number of activities and initiatives have taken place during this phase, including the following:  coordinate and support community-based monitoring and research activities across the NWT;  develop aquatic ecosystem health indicators;  provide resources and training to communities on developing community source water protection plans;  build community capacity to ensure municipal water licence monitoring occurs and compliance requirements are met;  develop and provide educational resources on water stewardship; and  coordinate and share water-related information

An independent evaluation of the implementation of the Water Strategy took place in early 2015. The findings of the evaluation along with recent input from water partners will inform the next Action Plan for 2016-2020, which is currently being developed by Environment and Natural Resources (ENR). For more information visit: nwtwaterstewardship.ca.

Canada-wide Strategy for the Management of Municipal Wastewater Effluent (CWS for MWWE) The 2009 CWS for MWWE has two intended outcomes: increased protection of the environment and human health, and regulatory clarity. CCME member jurisdictions, including the NWT, continue to address implementation collaboratively. In May 2014, a five-year review of the CWS for MWWE was completed and published to the CCME website.

The NWT continues to participate in the Northern Working Group to address the parts of the strategy that relate to “Canada’s Far North”, including proposing Northern Performance Standards and examining environmental risk, the economics of northern wastewater systems, funding options, and sustainability issues.

Nunavut in collaboration with Dalhousie University has released research reports on the performance of Canadian Arctic Waste Stabilization Ponds and Tundra Wetlands. The last two reports will be available in early 2016. These reports will provide valuable data to support the development of northern performance standards.

Water Boards Regional land and water boards were created in the NWT pursuant to lands resources, self- government agreements and federal legislation. The territorial Waters Act also directs the Boards’ activities. The GNWT and Canada review applications for water licences from the following NWT Boards:

Page 5 of 8  Mackenzie Valley Land and Water Board (MVLWB)(NWT unsettled areas)  Sahtu Land and Water Board (Sahtu region)  Gwich’in Land and Water Board (Gwich’in region)  Wek’èezhìi Land and Water Board (Tłįchǫ region)  Inuvialuit Water Board (Inuvialuit Settlement Region only)

The MVLWB posts all applications for land use permits and water licences on its website (www.mvlwb.com). The site also tracks applications for the Wek’èezhìi Land and Water Board, the Sahtu Land and Water Board, and the Gwich’in Land and Water Board. The Inuvialuit Water Board also posts applications for water licences on its website (www.nwtwb.com).

Environmental Assessments The body responsible for conducting environmental assessments in the NWT portion of the MRB depends on the location of the proposed development. In the Mackenzie Valley region, the Mackenzie Valley Environmental Impact Review Board (MVEIRB) carries out environmental assessments. In the Inuvialuit Settlement Region, the Environmental Impact Review Board (EIRB) carries out environmental assessments under the Inuvialuit Final Agreement, and, in some cases, federal entities also carry out environmental assessments under the Canadian Environmental Assessment Act, 2012.

The following environmental assessments (EA) are currently being carried out by the MVEIRB and fall within the MRB:

 Prairie Creek All Season Road (Canadian Zinc Corporation)  Howard’s Pass Access Road Upgrade Project (Selwyn Chihong Mining Ltd.)  Mackenzie Valley Highway (Department of Transportation, GNWT)  Yellowknife Gold Project (2008) (Tyhee NWT Corporation) (this EA is currently suspended) The following development was approved to proceed to the regulatory phase in 2014-2015 and falls within the MRB:

 Snap Lake Project Water Licence Amendment (De Beers Canada Inc)

There are no environmental assessments currently being carried out by the EIRB that fall within the MRB.

Both the MVEIRB and EIRB have searchable public registry databases for information related to the environmental assessment of projects. Databases are found at the following addresses, respectively: http://reviewboard.ca and http://eirb.ca. The Alberta Environment and Sustainable Resource Development is undertaking an environmental assessment of the proposed Amisk Hydroelectric Project (AHP Development Corporation). As of November 2015, the Canadian Environmental Assessment Agency is considering whether a federal assessment of this project is required. Located in north- western Alberta, the proposed hydro dam would be constructed on the Peace River. The GNWT will participate in the environmental assessment process for the proposed Amisk Hydroelectric Project to determine the potential for downstream impacts on NWT aquatic ecosystems.

Conservation Planning in the NWT The GNWT is proceeding with conservation planning to ensure biodiversity and ecosystem integrity are maintained into the future. Conservation planning includes the creation of new conservation areas and adaptation of conservation science methods used elsewhere in Canada and around the world to identify the NWT’s ecological representative core areas and assess gaps.

There are currently seven existing community-identified candidate areas throughout the NWT being considered in the NWT. More information on those areas can be found on the NWT Protected Areas Strategy (PAS) website.

A new status report will be released in 2015. The objective of the report is to provide a comprehensive overview of the present state and the level of knowledge of the conservation network in the NWT. The intent is for the report to be released every four years.

Ecological Representation To analyse the current network of core protected areas for its contribution to ecological representation and identify gaps, standard principles of conservation planning are used. A terrestrial coarse-filter analysis has been developed (see http://www.nwtpas.ca/science- terrestrial.asp) and work is ongoing on a freshwater classification to ensure freshwater is included in the conservation network (see http://www.nwtpas.ca/science-freshwater.asp). Since some features might not be captured by the coarse-filter analysis, a fine-filter approach is also used (see www.nwtpas.ca/science-specialfeatures.asp). The information on special features collected to date is: globally rare and may be at risk plant and lichen sightings, amphibian and reptile sightings, hot and warm springs, eskers, mineral licks, glacial refugia, karst features, beaches and beach ridges, deltas, waterfalls and rapids.

Land-Use Planning Overview Northern Lands, Northern Leadership: The GNWT Land Use and Sustainability Framework sets forth the GNWT’s Vision and Guiding Principles for land management in the Northwest Territories. Released in early 2014, it identifies regional land-use planning as the primary instrument to define where certain activities can take place, and affirms the importance of incorporating community and regional aspirations in land use plans.

Land-Use Plans provide local input into the overall framework for resource management in the Northwest Territories. Land-use plans are used to establish regional zones and broad criteria to help evaluate and screen project proposals as part of regulatory permitting processes. Zoning provisions identify the following:

Page 7 of 8  areas that are well suited for industrial development;  areas that can support industrial development while respecting specific cultural or ecological values; and  areas where, for cultural or ecological reasons, development is prohibited. The GNWT participates in land-use planning initiatives throughout the territory as a stakeholder, regulator and, in some cases, approver. In addition, the GNWT sometimes participates in transboundary planning initiatives in Alberta, Nunavut and the Yukon. Water management is one of the interests that guides the GNWT in these planning processes. Land-Use Plans and Water Management Legally-binding land-use plans are in place in the Sahtu and Gwich’in land claim regions, and on Tłįchǫ private lands in the Tłįchǫ. The Dehcho Land Use Planning Committee is working to finalize the Draft Interim Dehcho Land Use Plan. In the Inuvialuit Settlement Region, Community Conservation Plans (non-legally binding) guide acceptable activities within specific regions. Collectively, the guidance and/or legally binding direction in land-use plans play an integral role in managing waters in the NWT.