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The Screening Process

Overview

EISC’s Mandate

The Environmental Impact Screening Committee (EISC) is mandated to conduct environmental impact screenings of proposed developments to determine if the proposed developments could have a significant negative environmental impact on the ISR, or a significant negative impact on present or future Inuvialuit wildlife harvesting.

If the Screening Committee determines that a development could have a significant negative environmental impact it can recommend terms and conditions to mitigate the potential impact.

Where the EISC determines that the development could have a significant negative impact it may be subject to a further assessment and review by the Environmental Impact Review Board (“EIRB”). No government licenses or approvals may be issued before the Screening Committee has completed its review.

The Inuvialuit Settlement Region (Click to open PDF in new tab)

Environmental Impact Assessment (“EIA”) is the assessment of the potential environmental consequences of a project or development before they are carried out. EIA is used by planning bodies to make strategic decisions and recommendations about project procedures to mitigate potential impact.

EIA uses the idea of a valued components (“VC”); these are key natural and socio-cultural elements that the stakeholders view as valuable and want to limit impact on. VCs are identified and an impact assessment is conducted on these valued components based on the activities of the project. Air quality, water quality, noise level, cultural resources, harvesting activities, wildlife, and more are examples of some of the VCs that the conductor of an EIA might consider the impacts on.

The EISC’s mandate, as defined under the Inuvialuit Final Agreement (“IFA”) is to conduct the screening stage of the Environmental Impact Screening and Review Process. This is the preliminary step in the EIA process that determines whether a project should be moved up to the review stage of an EIA which is then conducted by EIRB. 

The approximate timeline for EISC to conduct a screening is 65 – 90 days.

The screening process conducted by the EISC can be broken down into two parts: Pre-screening and Screening with the additional Review process conducted by EIRB. The EISC’s duties are broken down into four phases.

The Environmental Impact Screening Process:

Pre-Screening (Phase 1)

Pre-screening is an administrative function of the EISC that allows it to shortlist projects that do not meet the requirements for a screening. (See Appendix A: Exclusion List in the Environmental Impact Screening Guidelines). These projects are considered exempt from a screening.

Typically, it takes seven days for EISC to make a pre-screening decision once the EISC Coordinator has confirmed that the submission is complete. The application should include a completed pre-screening questionnaire (“PSQ”), correct contact information, proof of consultation/engagement, and relevant project documents.

Submission of a Project Description (Phase 2)

The first step in the screening process is the submission of a Project Description (“PD”) by the proponent. This is done either after a decision is rendered in the pre-screening stage or a proponent has requested to go directly to screening.

Project Description Conformity: Once a PD is received by the EISC, the committee will review the submission for conformity against Appendix C of the Environmental Impact Screening Guidelines. An Incomplete Project Description letter will be issued if the PD is missing information.

The Screening Committee requires the developer to engage and consult with communities and with the parties during the preparation of its project description and during the environmental impact screening proceedings.

Screening (Phase 3)

Commenting Period: After EISC has determined that a complete PD has been submitted, a Notice of Proceeding will be issued signalling that the 45-day commenting period has begun. During this period the following activities can occur:

  • Submission of Comments: The EISC can receive comments from parties (“Stakeholders’) as written submissions, these will be added to the record and will be included as materials for the EISC’s decision.
  • Party status requests: The Screening Committee will receive and register requests for status as a party to the proceedings. (See Section 5 of the Guidelines for additional information.)
  • Information request process: Parties may submit an information request (“IR”) to the Screening Committee within the first 35 days of the 45-day commenting period. The If the IR is accepted, the Proponent will have 10 days to respond to the IR. (See Appendix E of the Guidelines for more information).
  • Public Presentations: Prior to the completion of the IR time period a party may request an opportunity to make a public presentation to provide clarification of information already submitted by that party. If approved, the Screening Committee will post a notice to the record and notify the parties of the date and time of the presentation which will be open to the public.
  • Written submissions/comments: Parties have until day 45 to provide any written submissions to the Screening Committee for consideration in the decision-making process.

Decision of Record Completeness: After the commenting period ends, the developer has 10 days to respond in writing to any issues raised during the comment period. After which, EISC will examine the record and determine if it is complete or incomplete. If the EISC deems the record to be incomplete and that there is additional information required to make a decision, the Screening Committee may extend the proceedings.

Decision (Phase 4)

In the final phase of the screening process, a Screening Panel is established in accordance with s. 11(9) of the IFA after the Screening Committee has determined the record is complete and has closed the record.

EISC renders a decision on the project using all available information on the record. There are four types of decisions as defined by the IFA:

  • 11(17)(a): The development is determined to have no significant negative impact and can proceed as planned.
  • 11(17)(b): The development, is determined to have negative impacts that can be mitigated, it may proceed if recommendations made by the EISC are followed.
  • 11(17)(c): The development could have a significant negative impact and is therefore subject to further assessment and review under the IFA.
  • 11(17)(d): The development proposal has significant deficiencies, leading to the termination of its consideration. The developer is required to submit a new projectdescription if they wish to proceed.

After a decision is made, the Screening Panel’s decision letter and its reasons for decision will be posted on the record, provided to the developer, to the authority(ies) competent to authorize the proposed Development, and to the parties to the proceeding and then the record will then be permanently closed.

Environmental Impact Review – If the EISC issues a 11(17)(c) decision, the possibility of significant negative effects, the project is required to move to the next step of the Environmental Impact Assessment process, at which point the EIRB will commence their review process.

Community Consultation

Community Consultation is a crucial component of the Environmental Impact Screening Process. The goals of community consultation are to:

  • Allow the public the opportunity to discuss the proposed development with the developer.
  • Enable the developer to gather local and traditional knowledge relevant to the proposed development through the local Hunters and Trappers Committees (“HTC”).
  • Assist the parties in identifying the impacts of the development and determine how negative effects will be mitigated.
  • Ensure that potentially affected parties, communities, organizations, and individuals are informed about the proposed development.
  • Inform the competent authorities for the proposed development so that all information is provided in the project description submission to enable the agencies to advise the EISC.
  • Enable the developer to understand and address or resolve any concerns about the proposed development.

The EISC requires that developers engage and consult with communities and the relevant parties before the submission of a project to the EISC. This allows the EISC to accurately gage the interest and sentiment of the project to decide whether further review is required. Documentation of all contact is a required component of this process to allow the EISC to have Proof of Consultation.

Community Conservation Plans (CCP):

The CCPs are developed by each community and list sensitive timing and areas for harvesting and cultural activities. The EISC requests that developers review the contents of the CCPs for the communities in the project area.

This includes specifying the land category that the project will occur on and any potential disturbance the project could occur based on information in the CCPs.

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The EISC process is designed to be transparent and participatory. It encourages input from all stakeholders and respects the diversity of views. The EISC encourages stakeholders to participate in the public commenting periods, submit written comments, and issue information requests where necessary.

It is important to note that the EISC only accepts comments on projects during the 45-day commenting period for projects undergoing screening. Projects that are closed or are undergoing pre-screening are ineligible.

Comments:

The EISC accepts written comments either submitted in a document to the EISC or directly on the EISC’s registry. Comments allow stakeholders to voice any environmental or wildlife harvesting concerns relating to the project and suggest mitigation measures that would address the potential negative effect(s). 

Please see this guide on how to create comments that make a difference in the EISC’s process.

Information Requests:

Information requests can originate and be directed to any registered party under the proceeding. Stakeholders registered to a Proceeding use information requests to better formulate comments relevant to the project. These questions must be answered by a party in 10 days unless an extension request is submitted.

Please see this guide on how to create information requests that make a difference in the EISC’s process.

Have Your Say:

The EISC screening process also acknowledges the vital input from all stakeholders; both public and organizations alike. Local knowledge, lived experiences, and personal insights can often illuminate potential issues not immediately apparent to other stakeholders. Comments are not only welcomed but are also crucial in making balanced and fair decisions about proposed developments.

When requesting party status as a stakeholder you must submit the following information per Appendix B of the EISC’s Rules of Procedure to the EISC Coordinator (eisc@jointsec.nt.ca):

  • Name of the individual or organization seeking party status
  • Name of proceeding
  • Reasons for requesting party status
  • Description of how the individual or organization plans to participate (e.g., what information, witnesses, or presentations), and who will participate on the organization’s behalf if relevant (e.g., legal counsel, third party)
  • Identify if the applicant is a competent authority
  • Dated and signed application

Sign Up For Notifications:

To stay informed of projects occurring within the ISR you can go to our registry site. Create an account and select your notification settings. These notifications will inform you of decisions made by the EISC, commenting deadlines, and new project submissions.