Oceans North Canada urges Ottawa to reject Baffinland land-use exemption bid

Oceans North Canada is calling on federal aboriginal affairs minister Bernard Valcourt to reject Baffinland's request for an exemption to Nunavut's land use plan.

In a letter to Valcourt, Christopher Debicki, Oceans North Canada's Nunavut director, argues Nunavut's land use planning regime would be "short-circuited" if the minister grants Baffinland's request.

"An exemption in this instance would fly in the face of over 35 years of community, industry and government participation regarding regional planning in this region," Debicki wrote.

In April, the Nunavut Planning Commission rejected the company's bid to ship iron ore from its Mary River project year-round from Milne Inlet through Eclipse Sound. The commission said using icebreakers 10 months a year would be too disruptive to wildlife habitats.

Baffinland wants Valcourt to override the Nunavut Planning Commission decision on the second phase of its Mary River Project. If Valcourt accepts Baffinland's request, the proposal to extend the shipping season would be referred to the Nunavut Impact Review Board for screening.

Baffinland insists that, under the Nunavut Land Claims Agreement, Valcourt has the authority to refer a project to the Nunavut Impact Review Board for public review, even if the project doesn't conform to the NPC's land use plan.

Concerns over precedent

But Oceans North argues that power should only be used in extraordinary circumstances and that, in this case, such a move would undermine Nunavut's land use planning system. Debicki wrote that Valcourt could end up setting a precedent which would allow companies to do an end-run around the planning commission.

"Such [an] exemption should not be interpreted to be a regular procedural outlet any time a proponent does not get the decision it hoped for through an institution of public government," Debicki wrote.

Despite its concerns, Oceans North said it supports the Mary River project, as long is it's done in an "environmentally responsible" way.

The Qikiqtani Inuit Association has also urged Valcourt to reject Baffinland's request. QIA president PJ Akeeagok said this week he wants to see more public consultations on the issue spearheaded by the NPC.