ITEM 1 - Proposed Draft Revised Project Certificate No. 005 Terms and Conditions (previously submitted to NIRB in January 2020) QIA-06, MHTO-02 January 25, 2021 RE: Draft Revised Project Certificate No. 005 for Phase 2 Baffinland Iron Mines Corporation (Baffinland) is pleased to provide the Nunavut Impact Review Board (NIRB) with its updated comments and suggested revisions to Project Certificate No. 005 for the Mary River Project (the Project). This document replaces the previous version of this document which was shared with NIRB in August 2019. The following approach was taken to outline suggested revisions to current terms and conditions where Baffinland has identified an opportunity to clarify the requirements of Project Certificate No. 005 or where the objectives of the term and condition have previously been met: 1. If a suggested revision to an existing term and conditions is proposed, a description of the associated revision has been provided. 2. Where any suggested revisions to remove a term and condition has been made, a rationale to support the recommended change has been provided. 3. Where appropriate, the proposed edits and or new terms and conditions also reflect commitments that were made by Baffinland to interveners to resolve or address certain technical issues during the NIRB Phase 2 reconsideration process. Draft Revised Project Certificate No. 005 for Phase 2 Project Certificate Condition No. 1 Baffinland Comments Category Meteorology and Climate Proposed Revision: Responsible Parties The Proponent Suggest to remove PC Condition No. 1. Project Phase(s) All phases Rationale: Objective To provide feedback on the impacts that climate change might be having on the port facilities. PC Condition No. 1 is duplicative of the requirements for PC Condition No. 83. See also suggested revisions to PC Term or Condition The Proponent shall use GPS monitoring or a similar means of monitoring at both Steensby Port and Milne Port, with Condition No. 2 that has been revised to address monitoring for effects of climate change on the Project and tidal gauges to monitor the relative sea levels and storm surges at these sites. Project infrastructure. Reporting Requirement The Proponent shall summarize and supply these monitoring results to NIRB in the annual project report. Stakeholder Review Marine Environmental Working Group (MEWG) Project Certificate Condition No. 2 Baffinland Comments Category Meteorology and Climate ‐ Climate Change Validation and Studies Proposed Revision: Responsible Parties The Proponent The Proponent shall develop a climate change strategy that may include the following: Project Phase(s) Construction, Operations, Temporary Closure / Care and Maintenance, Closure and Post‐Closure Monitoring conducting studies that identify Project risks as a result of climate change Objective To provide feedback on the impacts that climate change might be having on the Project. data collection or research that will assist in defining long‐term climate trends, such as: Term or Condition The Proponent shall provide the results of any new or revised assessments and studies done to validate and update Monitoring sea levels at Port climate change impact predictions for the Project and the effects of the Project on climate change in the Local Study Weather and temperature changes Area and Regional Study Area as defined in the Proponent’s Final Environmental Impact Statement. Permafrost stability Engagement with Inuit communities and other relevant stakeholders on climate change initiatives Investigation of initiatives that may be undertaken to reduce greenhouse gas emissions Rationale: Proposed revisions consolidate the requirements of PC Condition No. 2 ‐4 and provide a more comprehensive approach to climate change planning and monitoring and engagement with other stakeholders throughout the life of the Project. Reporting Requirement The Proponent shall provide new or revised assessments and studies to the NIRB, the affected communities, relevant regulatory authorities, and interested parties. Stakeholder Review Nunavut Impact Review Board (NIRB) 2 Draft Revised Project Certificate No. 005 for Phase 2 Project Certificate Condition No. 3 Baffinland Comments Category Meteorology and Climate ‐ Green House Gas Emissions Proposed Revision: Responsible Parties The Proponent Suggest to remove PC Condition No. 3. Project Phase(s) Construction, Operations, Temporary Closure / Care and Maintenance, Closure and Post‐Closure Monitoring Objective To confirm that the Proponent is exploring and implementing concrete steps to reduce greenhouse gases. Rationale: Term or Condition The Proponent shall provide interested parties with evidence of continued initiatives undertaken to reduce greenhouse See proposed revisions to PC Condition No. 2. gas emissions. Reporting Requirement The Proponent shall include relevant information in the Annual Report submitted to the NIRB. Stakeholder Review Nunavut Inuit Review Board (NIRB) Project Certificate Condition No. 4 Baffinland Comments Category Climate Change ‐ Consultation on Climate Proposed Revision: Responsible Parties The Proponent Suggest to remove PC Condition No. 4. Project Phase(s) Construction, Operations, Temporary Closure / Care and Maintenance, Closure and Post‐Closure Monitoring Objective To promote public awareness and engagement of affected groups. Rationale: Term or Condition The Proponent shall endeavour to include the participation of Inuit from affected communities and other communities See proposed revisions to PC Condition No. 2. in Nunavut when undertaking climate‐change related studies and research. Reporting Requirement To be developed following approval of the Project by the Minister. Stakeholder Review Nunavut Impact Review Board (NIRB) Project Certificate Condition No. 5 Baffinland Comments Category Meteorology and Climate ‐ Weather Monitoring Data No Change. Responsible Parties The Proponent Project Phase(s) Construction, Operations, Temporary Closure /Care and Maintenance, Closure and Post‐Closure Monitoring Objective To provide families of employees with up to date information. Term or Condition The Proponent shall endeavour to explore and implement reasonable measures to ensure that weather‐related information for the various Project sites is readily accessible to the public on a continual basis throughout the life of the Project. Reporting Requirement To be developed following approval of the Project by the Minister. Stakeholder Review N/A 3 Draft Revised Project Certificate No. 005 for Phase 2 Project Certificate Condition No. 6 Baffinland Comments Category Meteorology and Climate ‐ Emissions Proposed Revision: Responsible Parties The Proponent The Proponent shall provide the results of any emissions calculations conducted to determine the level of sulphur Project Phase(s) Construction, Operations, Temporary Closure / Care and Maintenance, Closure and Post‐Closure Monitoring dioxide (SO2) emissions, nitrogen oxide (NOX) emissions and greenhouse gases generated by the Project using fuel Objective To provide feedback on the Project’s emissions. consumption or other relevant criteria as a basis. In cases where exceedances are manifested, the Proponent shall Term or Condition The Proponent shall provide the results of any emissions calculations conducted to determine the level of sulphur implement the adaptive management plan outlined in the Air Quality and Noise Abatement Management Plan. dioxide (SO2) emissions, nitrogen oxide (NOX) emissions and greenhouse gases generated by the Project using fuel consumption or other relevant criteria as a basis. Rationale: Revised to minimize duplication with PC Conditions No. 8 and 9 and reflect the inclusion of a detailed adaptive management approach to air quality monitoring in the Air Quality and Noise Abatement Management Plan. Reporting Requirement To be included in the Annual Report submitted to the NIRB. Stakeholder Review N/A Project Certificate Condition No. 7 Baffinland Comments Category Air Quality ‐ Monitoring Proposed Revision: Responsible Parties The Proponent Suggest to remove PC Condition No. 7. Project Phase(s) Construction and Operations Objective To provide feedback on the Project’s emissions. Rationale: Term or Condition The Proponent shall update its Air Quality and Noise Abatement Management Plan to provide for continuous monitoring An updated Air Quality and Noise Abatement Management Plan was submitted as part of the Phase 2 FEIS at land‐based monitoring stations designed to capture operations phase ship‐generated SO2 and NO2 emissions at technical review process that includes continuous and active monitoring of SO2, NO2 and particulates. Steensby Port and Milne Port. Continuous monitoring is to be carried out through several shipping seasons at each port as required to determine that emissions are at acceptable levels. Reporting Requirement The updated plan shall be provided to the NIRB for review and comment at least 60 days prior to commencement of construction activities. Stakeholder Review N/A 4 Draft Revised Project Certificate No. 005 for Phase 2 Project Certificate Condition No. 8 Baffinland Comments Category Air Quality ‐ Greenhouse Gas Emissions Proposed Revision: Responsible Parties The Proponent Suggest to remove PC Condition No. 8. Project Phase(s) Construction and Operations Objective To provide feedback on the Project’s emissions. Rationale: Term or Condition The Proponent shall demonstrate through monitoring of air quality at the mine site and at the Steensby Inlet and Milne See