NUNAVUT WATER BOARD

  

  AGNICO EAGLE MINES LIMITED WHALE TAIL EXPANSION PROJECT
  APPLICATIONS TO AMEND WATER LICENCES NOS.: 2AM-WTP1826,
                 2AM-MEA1526, 2BB-MEA1828

  
  
  ___________________________________________________
                         HEARING
                         VOLUME 1
  ___________________________________________________

  

                    Baker Lake, Nunavut
                     February 13, 2020
                     TABLE OF CONTENTS
  
  Description                                       Page
  
  February 13, 2020        Afternoon Session        9
  Opening Remarks                                   9
  Opening Prayer                                    10
  Roll Call                                         28
  JAMIE QUESNEL, MICHEL GROLEAU, JOHN FAITHFUL,     33
  CHRIS KENNEDY, GARY LAWRENCE, NICOLA LOWER,
  ETIENNE PARENT, MANON TURMEL, GILLIAN ALLEN,
  CAM STEVENS, Affirmed
  Presentation by Agnico Eagle Mines Limited        34
  
  February 13, 2020        Evening Session          45
  Community Session                                 45
  Opening Remarks by the Mayor of Baker Lake        45
  (Community Session)
  Opening Remarks (Community Session)               46
  Opening Prayer                                    47
  Presentation by Nunavut Water Board Staff         51
  (Community Session)
  Presentation by Agnico Eagle Mines Limited        61
  (Community Session)
  LUIS MANZO, JENNIFER KING, RICHARD NESBITT,       75
  ALAN SEXTON, Affirmed
  Presentation by Kivalliq Inuit Association        76
  (Community Session)
  SPENCER DEWAR, GODWIN OKONKWO, DAVID ZHONG,       83
  Sworn
  Presentation by Crown-Indigenous Relations and    84
  Northern Affairs Canada (Community Session)
  ANNE WILSON, Sworn                                91
  EVA WALKER, Affirmed Via Teleconference           91
  Presentation by Environment and Climate Change    92
  Canada (Community Session)
  ALASDAIR BEATTIE, EDYTA RATAJCZYK, JOSE           96
  AUDET-LECOUFFE, Affirmed
  Presentation by Fisheries and Oceans Canada       97
  (Community Session)
  Presentation by Agnico Eagle Mines Limited        103
  Certificate of Transcript                         115

                         EXHIBITS
  Description                                       Page
  
  EXHIBIT 1 - Hard Copy PowerPoint Presentation     33
  Whale Tail Pit Expansion Project NWB Public
  Hearing February 12-13, 2020 (English)
  EXHIBIT 2 - Hard Copy PowerPoint Presentation     33
  Whale Tail Pit Expansion Project NWB Public
  Hearing February 12-13, 2020 (Inuktitut)
  EXHIBIT 3 - Hard Copy PowerPoint Presentation     34
  Whale Tail Pit Expansion Project NWB Public
  Hearing February 12-13, 2020 (French)
  EXHIBIT 4 - Hard Copy PowerPoint Presentation     51
  Nunavut Water Board Community Session Presentation
  Type "A" Water Licences 2AM-WTP1826 Whale Tail Pit
  Project 2AM-MEA1526 (English/Inuktitut)
  EXHIBIT 5 - Hard Copy PowerPoint Presentation     61
  Whale Tail Pit Expansion Project NWB Public
  Hearing - Community Session February 12-13, 2020
  (English)
  EXHIBIT 6 - Hard Copy PowerPoint Presentation     61
  Whale Tail Pit Expansion Project NWB Public
  Hearing - Community Session February 12-13, 2020
  (Inuktitut)
  EXHIBIT 7 - Hard Copy PowerPoint Presentation     61
  Whale Tail Pit Expansion Project NWB Public
  Hearing - Community Session February 12-13, 2020
  (French)
  EXHIBIT 8 - Hard Copy PowerPoint Presentation     75
  Whale Tail Expansion Project Water Licence
  Amendment Application KIA-NTI Technical Review of
  the Water Licence (English-Inuktitut)
  EXHIBIT 9 - Hard Copy PowerPoint Presentation     83
  Crown-Indigenous Relations and Northern Affairs
  Canada Water Licence Amendment Application for
  Agnico Eagle Ltd. (AEM), Whale Tail Expansion
  Project Nunavut Water Board Public Hearing,
  February 12 and 13, 2020 (English/Inuktitut)
  EXHIBIT 10 - Hard Copy PowerPoint Presentation    84
  Crown-Indigenous Relations and Northern Affairs
  Canada Water Licence Amendment Application for
  Agnico Eagle Ltd. (AEM), Whale Tail Expansion
  Project Nunavut Water Board Public Hearing,
  February 12 and 13, 2020 (French/Inuktitut)
  EXHIBIT 11 - Hard Copy PowerPoint Presentation    91
  Whale Tail Pit Expansion Project Presentation to
  the Nunavut Water Board by Environment and Climate
  Change Canada (Community Session)
  (English/Inuktitut)
  EXHIBIT 12 - Electronic Copy Only PowerPoint      97
  Presentation DFO's Fish and Fish Habitat
  Protection Program Community Meeting Baker Lake,
  NU - February 2020 (English)

  

  
  
  Proceedings taken at Baker Lake Community Hall, Baker
  Lake, Nunavut
  _______________________________________________________
  February 13, 2020
  
  NUNAVUT WATER BOARD
  L. Toomasie              Chair of Hearing
  R. Mrazek                Board Member
  M. Nartok                Board Member
  
  NUNAVUT WATER BOARD STAFF
  K. Kharatyan             Director of Technical Services
  B. Kogvik                Director of Board Administration
                           and Communications
  R. Dwyer                 Manager of Licencing
  A. Kubeisinova           Technical Advisor
  T. Meadows               Legal Counsel to the Board
  
  INTERVENORS
  
  AGNICO EAGLE MINES LIMITED
  J. Quesnel               Regional Manager Permitting
                           and Regulatory Affairs
  M. Groleau               General Supervisor Permitting
  M. Turmel                Permitting Lead
  E. Parent                Permitting Specialist
  S. Leclair               Lead Indigenous and
                           Stakeholder Relations Nunavut
  C. Kennedy               Technical Specialist
  N. Duquet-Harvey         Environmental Superintendent
                           Meadowbank
  C. Paradis St. Onge      Nunavut Communication
                           Coordinator
  M. Plante                General Manager Meadowbank
                           Complex
  J. Faithful              Senior Water Quality
                           Specialist, Golder Associates
  N. Lower                 Principal Consultant
                           Environmental Impact
                           Assessment and Permitting,
                           Environmental Resources
                           Management
  C. Stevens               Senior Fish Biologist, Golder
                           Associates
  G. Allen                 Senior Geoenvironmental
                           Engineer, Okane Consultants
  G. Lawrence              Associate and Senior
                           Environmental Scientist,
                           Golder Associates
  C. Kowbel                Legal Counsel for Agnico Eagle
                           Mines, Lawson Lundell
  
  KIVALLIQ INUIT ASSOCIATION
  L. Manzo                 Director of Lands
  J. Tulugak               Inspector
  A. Aupaluktuq-Burton     Lands Administrative
                           Coordinator
  A. Sexton                VP Project Management,
                           GeoVector Management
  R. Nesbitt               Senior Aquatic Scientist,
                           Hutchinson Environment
  J. Kataluk               Senior Environmental
                           Technician
  J. King                  Legal Counsel for Kivalliq
                           Inuit Association
  
  CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS CANADA
  S. Dewar                 Director of Resources
                           Management
  G. Okonkwo               Manager of Water Resources
  D. Zhong                 Regulatory and Science Advisor
  
  FISHERIES AND OCEANS CANADA
  A. Beattie               Team lead with the Mining,
                           Oil, and Gas Division
  E. Ratajczyk             Fish and Fish Habitat
                           Protection Biologist
  J. Audet-Lecouffe        Fish and Fish Habitat
                           Protection Biologist
  
  ENVIRONMENT AND CLIMATE CHANGE CANADA
  A. Wilson                Senior Water Quality
                           Specialist
  E. Walker                Environmental Assessment
  (Via Teleconference)     Coordinator
  
  INTERPRETERS/TRANSLATORS
  B. Kogvik                Language Translator
  A. Alooq                 Language Translator
  
  C. Longacre, RPR, CSR(A) Official Court Reporter
  
  R. Dempster              Sound Technician
  _______________________________________________________
  (PROCEEDINGS COMMENCED AT 4:01 PM)
  Opening Remarks
  THE CHAIR:               Are we settled?  We might as
  well start now because we are day and a half behind now
  from our original schedule.  Not our fault; the
  weather's fault.
       Okay.  Thank you.  Good afternoon and welcome to
  the public hearing associated with applications filed
  by Agnico Eagle Mines Limited to amend their existing
  Type "A" water licence and a Type "B" water licence to
  authorize changes to the use of -- of water and deposit
  of waste associated with the expansion of the Whale
  Tail Pit gold mining undertaking.
       My name is Lootie Toomasie.  I am the chairman of
  the Nunavut Water Board and -- and the NWB's hearing
  chair for this public hearing.
       Before we proceed with the hearing, please let us
  begin with a prayer.  Let us stand and pray.
  Opening Prayer
  THE CHAIR:               On behalf of the Nunavut Water
  Board, I welcome you to the hamlet of Baker Lake.
       Now to provide some background and set the stage
  for the hearing, the Nunavut Water Board, which I shall
  refer to as "the Board" or "the NWB", is an institution
  of public government created under Article 13 of
  Nunavut Agreement and the Nunavut Waters and Nunavut
  Surface Right Tribunal Act.  The NWB is responsible for
  the use, management, and regulation of freshwater in
  Nunavut settlement area.
       The purpose of this public hearing is to review
  applications filed by Agnico Eagle Mines Limited -- I
  may refer to the company as "Agnico" or "the
  Applicant" -- to make changes to two existing Type "A"
  water licences and a Type "B" water licence that
  currently authorize the uses of water and deposits of
  waste associated with gold mining and gold processing
  activities at the Whale Tail Pit gold mine and
  Meadowbank gold mine projects.  The Whale Tail Pit gold
  mine is located approximately 150 kilometres north of
  hamlet of Baker Lake and approximately 50 kilometres
  northwest of the Meadowbank gold mine site.  The Whale
  Tail Pit gold mine is connected to the Meadowbank gold
  mine by the Whale Tail Pit haul road, which is
  approximately 64 kilometres long.
       Agnico Eagle's application for changes to their
  water licences are related to their proposal to expand
  mining activities at the Whale Tail Pit gold mine under
  the Whale Tail Pit Expansion Proposal.  In the
  expansion proposal, Agnico Eagle proposes to enlarge
  the existing Whale Tail open pit and create a new IVR
  open pit and an underground pit that would increase
  production to 23.5 million tons of ore every year.
  Under the expansion proposal, ore will continue to be
  transported to the ore processing facilities at the
  Meadowbank gold mine site along the widened Whale Tail
  Pit haul road.
       As set out in Section 13.13.6 [sic] of the Nunavut
  Agreement and Section 29 of the Nunavut Waters and
  Nunavut Surface Rights Tribunal Act, the Board has
  delegated its power to dispose of all matters related
  to the processing of the application to amend Type "A"
  Licence Number 2AM-WTP1826 and 2AM-MEA1526 and Type "B"
  Water Licence Number 2BB-MEA1828, including the conduct
  of this public hearing to a Panel of the Board, which
  is referred to as the "Whale Tail Pit" [sic] or "P17
  Panel".
       I will be chairing this Panel and with me today as
  members of the Panel are board members:  Ross -- Ross
  Mrazek on my right, and to my left is Makabe Nartok.
       Several staff members who have contributed to the
  NWB's administration and technical review of the
  application are present with legal counsel to the NWB,
  and I will introduce the individuals in attendance.
  Karén Kharatyan -- sorry about that; I never learned
  how to pronounce it properly; sorry about that -- is
  the director of technical services; Ben Kogvik,
  director of board administration and communications is
  at the back; Richard Dwyer, manager of licencing, is
  also at the front entrance; Assol Kubeisinova,
  technical advisor; and Teresa Meadows from Meadows Law,
  legal counsel to the Board.
       In addition, we have two interpreters available
  for simultaneous interpretation:  Ben Kogvik, in-house
  interpreter to the Board, and Alexander Alooq, who is
  from Baker Lake.
       For audio support, we have Ryan Dempster from PIDO
  Productions.  If you experience any difficulties with
  your headsets, Ryan -- Ryan is able to provide
  assistance.
       I need -- I need a water.  Is there water here?
  My throat is getting itchy -- getting dry.  I will just
  wait for the water.  Thank you.
       To ensure we have an accurate record of the
  proceedings, we have with us a court reporter, Christy
  Longacre, from Dicta Court Reporting Incorporated.
       Before I move on to an overview of this
  application and to what to expect today during --
  during this public hearing, there are some important
  housekeeping items for everyone here.
       As many of you know, due to the weather conditions
  and the flight cancellations, many of the participants
  in this public hearing were unable to get to Baker Lake
  on Tuesday and Wednesday.  We appreciate the patience
  of the community members and the willingness of our
  hosts in Baker Lake to be flexible in accommodating
  when our schedule had to be changed with little notice.
       Some of us, including the Applicant, Agnico Eagle,
  myself, and some of the Board staff and representatives
  from Crown-Indigenous Relations and Northern Affairs
  were held over in Rankin Inlet for the last two days.
  Unfortunately, with all the flight cancellations and
  rebooking of flights, if the Board and CIRNA had -- had
  to wait for a commercial flight to get into Baker Lake,
  we would not have made it into Baker Lake until much
  later this afternoon.  Rather than delay the public
  hearing further, Agnico Eagle was able to make some
  space available to those of us in Rankin Inlet on their
  charter into Baker Lake.  This enabled us to arrive
  early this afternoon.
       I want to assure everyone here that the Board and
  CIRNA would not normally travel on the Applicant's
  charter, but there -- but there really was no other way
  we could join you at this time in Baker Lake.  The
  Board and CIRNA will be reimbursing Agnico Eagle for
  the costs of our flights.  We want to make sure it's
  clear that no discussion of the matters that will
  be the substance of this public hearing were discussed
  in any way before or during the flight.  The Board
  appreciates everyone's professionalism, understanding,
  and respect for ensuring that there is transparency and
  objectivity in the Board's decision-making process,
  even through some challenging travel conditions.
  Anyone with questions or comments regarding these
  events, please come and speak with the Board's legal
  counsel, Teresa, during the break.
       First, as indicated earlier, there is
  interpretation available throughout the hearing in
  English and Inuktitut.  Earpieces can be obtained from
  the table located just by the door as you come into the
  room.  Channel 1's floor; Channel 2, English; and
  Channel 3, Inuktitut.
       Second, the Board appreciates everyone, including
  the Applicant, intervenors, and members of the public
  sign in on the sheets located at the table as you come
  in.  This is an important record of the hearing, and we
  appreciate your help in making sure it is complete.
       Thirdly, the agendas for the public hearing and
  the community session are available at the back.
  Please pick one up and follow along with us as we
  proceed.
       The washrooms are located in the entrance to the
  hall, and the exits are in the front and back of the
  hall -- exits.  Sorry.  Doors at the -- around here at
  the entrance to the hall.
       There will be coffee, tea, and snacks brought in
  during the breaks throughout the hearing, and you are
  welcome to help yourself throughout the day.
       I would also like to remind everyone to please
  turn off your cell phones or put them on silent before
  we begin.  I already turned off my cell because I don't
  want to embarrass anybody.
       Finally, to assist both our court reporter and our
  interpreters, please wait to have a microphone before
  you speak, then state your name, speak clearly and
  slowly, and avoid the use of abbreviations.  We
  appreciate your assistance in making sure your comments
  are recorded and the Board's record of proceedings is
  accurate and complete.
       I would like to notify participants that the --
  there's media here in this meeting.  While we are happy
  that the media -- that the media are here, I would like
  to -- I would ask on behalf of the Board that the
  parties not make any comments regarding the Board's
  potential conclusions on the matter in any way.  This
  will be unfair, as the Board cannot and does not
  comment on any matter before it reaches a decision.
       I would like to advise parties that this -- the
  CBC reporters here -- Teresa.  Okay.  There's -- go
  ahead.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Impact -- or
  Nunavut Water Board.  Sorry, Mr. Chair.
       The media has not advised us that they will be
  present, but they may -- they are always invited to
  attend these public hearings.  And so in the event that
  the media were to tap into our sound system, we will
  advise the parties.  Thank you, Mr. Chair.
  THE CHAIR:               Thank you, Teresa.  So skip
  that on my notes here.
       Since the Board cannot comment on pending matters
  either by confirming or denying accuracy of statements
  by others to the media, the Board asks all parties to
  refrain from -- from making any comment that may imply
  a certain action or decision by the Board.
       Following the close of the record for this public
  hearing, the Board decision and recommendations with
  respect to the amendment applications will be
  communicated in a publicly available decision report.
  Until that -- that time, the Board reminds everyone
  that the Panel members and Board staff will not discuss
  the substance of the hearing or the matters before the
  Board with any of the parties or the media.  If you
  have questions regarding the Board and its practices or
  procedures, please speak with the director of technical
  service, and he will assist you.
       Prior to identifying and introducing all the
  parties in attendance today, I will provide a brief
  history of the applications which are before the Board.
       As mentioned earlier, the applications which are
  currently before the Board are for amendments requested
  by Agnico Eagle Mines Limited to Type "A" Water
  Licences Number 2AM-WTP1826 and 2AM-MEA1526 and Type
  "B" Water Licence Number 2BB-MEA1828.
       The scope of the proposed amendment to the
  existing licence for the Whale Tail Pit, which is Water
  Licence Number 2AM-WTP1826, include the following:
  Extending the terms of the licence by 17 years from
  2026 to December 2043; the additional water use during
  operations for both drilling purposes and purposes
  other than drilling from various water bodies on-site,
  including Nemo Lake, Mammoth Lake, Whale Tail Lake
  South Basin, and various small lakes close to drilling
  sites; significant increases to water use during
  closure to allow for the reflooding of mined-out pits;
  expansion of the Whale Tail Pit, mining of an
  additional open IVR Pit, underground mining below Whale
  Tail and IVR Pits; increases to ore and waste rock
  storage capacity; the addition of surface water
  control -- controls and to -- to control the flows of
  surface water into IVR Pit; removal of the northeast
  dike once development of the IVR Pit is initiated;
  dewatering the -- of surface lakes to construct the IVR
  Pit and IVR attenuation pond; construction and
  operation of IVR -- I mentioned that; construction and
  operation of three underground management ponds at
  surface to support underground mine operation;
  installation of additional discharge point into Whale
  Tail Lake South Basin; widening the Whale Tail Pit haul
  road from 9 to 15 metres; expansion of on-site
  facilities at Whale Tail Pit to accommodate
  approximately 540 people; installation of a larger
  maintenance shop -- shop -- sorry -- core shack, and
  additional wings to the main camp to support additional
  personnel; installation of an incinerator, composter,
  and land farm to support waste management activities;
  the operation of additional diesel generators to power
  underground infrastructure and expanded camp
  facilities; and increasing bulk fuel storage capacity
  to 3.325 -- -- is this "ML" million -- yeah -- million.
       The scope of the proposed amendments to the
  Meadowbank Type "A" Water Licence Number 2AM-MEA1526
  include the following:  Extending the water licence
  term to December 2033.
       The scope of the proposed amendments to the
  existing Water Licence Number 2BB-MEA1828 include the
  following:  Moving -- moving the following activities
  from the scope of the existing Type "B" licence to the
  scope of the water -- Whale Tail Type "A" water
  licence:  Bulk sampling; underground development and
  underground exploration drilling, including the portal,
  ramp, and two ventilation raises; operation of
  stormwater management pond (A-P5) which will be
  converted into groundwater storage pond for the
  expansion project; construction of service and
  operation pads; handling and storage of waste rock and
  ore on pond [sic]; and quarrying a
  laydown/garage/warehouse area for the ramp.
       I will now provide a summary of main documents
  that Agnico Eagle provided to the Board in support of
  their application to amend the three water licences.  A
  water licence amendment application and various
  attachments for the Licence Number 2AM-WTP1826; a water
  licence amendment application and various attachments
  for Water Licence Number 2AM-MEA1526; a water licence
  amendment application and various attachments for the
  Water Licence Number 2BB-MEA1828.
       These applications included:  main application
  documents; executive summary in English and Inuktitut;
  letter to NWB; for the Type "A" water licences,
  supplemental information guide table; NPC conformity
  determination; compliance assessment; certificate of
  incorporation; list of permits and licences for the
  project; record of consultations.
       In addition, Agnico Eagle provided various new and
  updated monitoring and management plans for the Board
  and parties to review.
       Agnico Eagle also provided updated information
  regarding expansion plans for the sites including:
  site layout; predevelopment layout; planned site
  layouts for 2019 through 2025 and 2042 post-closure;
  operation IVR attenuation pond dikes longitudinal
  profiles and sections; IVR WRSF cross-section drawing;
  typical section and road widening; and Appendix K,
  project design considerations.
       Agnico Eagle also filed a number of documents in
  response to technical comment submissions from the
  intervenors and the Board.  Additional information was
  also submitted to the Board by Agnico Eagle to -- to
  fulfill commitments made by the Applicant during the
  NWB's technical meeting and pre-hearing conference held
  for the file on December [sic] 29 and 30, 2019.
       Copies -- copies of all the materials filed by
  Agnico Eagle in support of their amendment applications
  as well as documents related to the existing licences
  is available on NWB's public registry and the FTP site.
       In addition, our licencing manager, Richard Dwyer,
  can make available for public viewing at this hearing
  the electronic copies of the public registry for these
  applications and the key documents for the applications
  received to date.  If you are interested in reviewing
  any of the documentation, please ask Richard.
       Now I am going to provide you with a very brief
  overview of key steps in the procedural history of this
  application that outlines how we got -- how we got to
  this public hearing stage.
       On October 19, 2018, Nunavut Impact Review
  Board -- I will call them "NIRB" for short --
  determined that the Whale Tail Pit Expansion Proposal
  involved a component or activity that was not
  previously assessed as part of the original Whale Tail
  Pit proposal.  As a result, further assessment of the
  expansion proposal was commenced by the NIRB under the
  Nunavut Agreement and Nunavut Planning and Project
  Assessment Act.
       On May 16, 2019, the Nunavut Water Board received
  the application and supporting documentation from
  Agnico Eagle to amend the existing Type "A" and B water
  licences associated with the Whale Tail Pit gold mine
  site and Meadowbank gold mine site to reflect the
  changes to the original project in the Whale Tail Pit
  Expansion Proposal.  Agnico Eagle requested that NIRB
  coordinate its assessment of the Whale Tail Pit
  Expansion Project proposal with the NWB's associated
  licencing process.
       On June 4, 2019, the NWB acknowledged receipt of
  the amendment applications and asked the interested
  persons to review the scope and completeness of
  information provided, as well as to identify any
  deficiencies and information requests.  By July 18,
  2019, the -- the Board received comments on the
  completeness of the application from the Kivalliq Inuit
  Association, Crown-Indigenous Relations, Environment
  and Climate Change Canada, and Fisheries and Oceans
  Canada.
       Based on additional information provided by Agnico
  Eagle, the comments provided by parties, and the
  Board's review, on August 14, 2019, the Board
  determined the applications were complete and issued
  notice of the amendment application.  The -- the notice
  invited intervenors and any interested parties to
  commence any technical review of the amendment
  applications and provide the Board with their comments
  by mid-September and also provide notice that the Board
  proposed to hold an in-person technical meeting and
  pre-hearing conference for the amendment applications
  in Baker Lake during the week of October 28 to
  November -- November 1.  Sorry.
       Kivalliq Inuit Association, Crown-Indigenous
  Relations and Northern Affairs, Climate -- Environment
  and Climate Change Canada, and Fisheries and Oceans
  Canada provided technical review comments on the
  amendment applications by September 16, 2019.  Agnico
  Eagle Mines filed a response to the technical comments
  of these parties and the NWB on October 7, 2019.
       On October 18, 2019, the Nunavut Impact Review
  Board completed its assessment of the Whale Tail
  expansion proposal and issued a report and
  recommendations to the Minister of Crown-Indigenous
  Relations and Northern Affairs.  The NIRB recommended
  various changes to the existing project certificate for
  the Whale Tail Pit project and indicated that the
  expansion proposal should be allowed to proceed to the
  permitting stage.
       On October 28, 2019, the Board, Agnico Eagle, and
  all the intervenors were travelling to Baker Lake for
  an in-person technical meeting and pre-hearing
  conference scheduled to start the next day on
  October 29.  Unfortunately, in Yellowknife, the Board
  was advised that due to weather conditions, all flights
  into and out of Rankin Inlet and Baker Lake were
  cancelled for both October 28 and 29.  As most parties
  were travelling and indicated that they could revise
  their travel arrangements to get to Yellowknife, the
  Board revised the location and schedule of the meeting.
  The Board made arrangements to move the meeting to
  Yellowknife and delay the start of the technical
  meeting on October 29 so that the technical meeting and
  the pre-hearing conference could start -- could still
  proceed as scheduled on October 29 and October 30.  The
  Board regrets that we could not get to Baker Lake for
  this meeting, but the Board made a teleconference and
  line available to any community members who wished to
  participate throughout the meetings and also had
  simultaneous interpretation available during the
  teleconference should anyone require it.
       On November 29, 2019, the Board released the
  pre-hearing conference decision that summarized the
  outcome of the technical meeting and pre-hearing
  conference held by the board in October.  At -- at the
  same time, the Board also released the notice of this
  public hearing and the list of commitments to be
  fulfilled by the Applicant.
       On December 20, 2019, Agnico Eagle filed
  submissions required to be filed prior to the public
  hearing to meet commitments they made at the technical
  meeting.
       On January 20, 2020, the Minister of Northern
  Affairs issued his decision accepting the NIRB's report
  and recommendations and authorizing the Whale Tail Pit
  expansion proposal to proceed to the licencing and
  permitting stage.
       Between January 23, 2020, and February 6, 2020,
  the Board has received final written submissions and
  presentations about the amendment application from the
  Kivalliq Inuit Association, Crown-Indigenous Relations
  and Northern Affairs, Environment and Climate Change
  Canada, and Fisheries and Oceans Canada.  Agnico Eagle
  has also provided its final written submission and
  presentation materials to the Board as well.
       On February 7, 2020, the NWB circulated the final
  agenda for this public hearing.  As I mentioned
  earlier, the final agenda, including translated copies,
  are available from the table as you enter the hall if
  you wish to pick one up and follow along.
       Complete details on all procedural steps and all
  submissions received in relation to the amendment
  applications are available on the NWB's FT -- 'F' --
  FTP site.  If you have any -- have questions or
  comments -- or would like to see any material, please
  see Richard at the table as you enter the building --
  the hall.
       I will now move on to read a list of issues that
  will be discussed at this hearing.  This list was
  prepared during the technical meeting and pre-hearing
  conference:  amendments to the terms of existing
  licences; requested extension to the terms of the Whale
  Tail Pit and haul road project water licence number --
  water licence from 2026 to 2043 -- sorry -- and the
  Meadowbank gold mine water licence from 2026 to 2033.
  Changes to the scope of the existing licences:
  amendments to Water Licence Number 2AM-WTP1826;
  amendments to Water Licence Number 2AM-MEA1526;
  amendments to Water Licence Number 2BB-MEA1828.  Water
  use and management:  annual water use amounts from each
  source, including changes to allocations of existing
  licenced water use, from Nemo Lake, Mammoth Lake, Whale
  Tail South Basin, and small ponds/lakes close to
  drilling site; pit flooding water sources; management
  of expected volume of water during 2020 freshet; water
  management during wet -- wet years; groundwater
  management; additional or alternative water bodies as
  locations for discharge of treated effluent.  Water
  balance and water quality models and predictions.
  Waste disposal and management:  new and expanded
  infrastructure for disposal of different types of
  waste; waste rock management; characterization of
  non-potentially acid generating and potential acid
  generating waste rocks; thermal modelling for waste
  rock storage facility design.  Monitoring:  water
  quality monitoring during closure.  Adaptive
  management/operation flexibility:  definitions;
  thresholds and triggers and options for adaptive
  management action; adaptive management decision tree;
  integration into management plans.  Abandonment,
  closure, and reclamation and update to interim closure
  and reclamation plan; final closure and reclamation
  plan; water quality of flooded pit lake; site-specific
  water quality objective and potential threshold for
  treatment, reconnection of pit lakes and GSP ponds.
  Security:  updates to reclamation cost estimate and
  security management agreement.  Water compensation:
  confirmation of Kivalliq Inuit Association and Agnico
  Eagle regarding finalized water compensation agreement.
  Revisions to management and monitoring plans:  timing
  of submission and review timelines.
       If there are no concerns, I would like to move
  forward to a roll call.  I will begin the roll call
  with the Applicant.
       Agnico Eagle Mines Limited, can you please
  introduce your participants.
  Roll Call
  MR. QUESNEL:             Thank you, Mr. Chair.  I am
  Jamie Quesnel, regional manager permitting and
  regulatory affairs with Agnico Eagle.  I just wanted to
  thank -- thank everyone for being here and meeting here
  in Baker Lake under the circumstances.  It's good to
  see everyone made it here safely, which is paramount to
  everyone here and primarily to Agnico Eagle.
       As we're starting late, I will keep my opening
  remarks very brief and introduce you to our Agnico
  Eagle team in attendance at this hearing and also the
  third-party experts that are supporting us.  I will ask
  each person to just raise their hand when I say their
  name.  With Agnico Eagle, Michel Groleau, general
  supervisor permitting; Manon Turmel, permitting lead;
  Etienne Parent, permitting specialist; Suzanne Leclair,
  lead indigenous and stakeholder relations; Chris
  Kennedy, technical specialist, geochemistry and mine
  closure; Nancy Duquet-Harvey, environmental
  superintendent Meadowbank; Casey Paradis St. Onge,
  Nunavut communication coordinator; and Martin Plante,
  general manager Meadowbank complex.
       And also with our consultant team, John Faithful,
  senior water quality specialist, Golder Associates;
  Dr. Nicola Lower, principal consultant environmental
  impact assessment and permitting with Environmental
  Resources Management; Dr. Cam Stevens, senior fish
  biologist with Golder Associates; Gillian Allen, senior
  geoenvironmental engineer, Okane Consultants; Gary
  Lawrence, associate and senior environmental scientist,
  Golder Associates; and Christine Kowbel with Lawson
  Lundell, our legal counsel.  Thank you.
  THE CHAIR:               Now I will now move to local
  association and representatives and intervening
  parties.
       Kivalliq Inuit Association.
  MR. MANZO:               Thank you, Mr. Chairman.  Luis
  Manzo on behalf of Kivalliq Inuit Association.  With
  me, our legal counsel Jennifer King; our staff, Jeff
  Tulugak, Jamie Kataluk; our consultants, Richard
  Nesbitt, Alan Sexton, and -- and Ashley Aupaluktuq.
  Thank you, Mr. Chairman.
  THE CHAIR:               Thank you.
       Then Crown-Indigenous Relations and Northern
  Affairs.
  MR. DEWAR:               Matna.  Mr. Chair, my name is
  Spencer Dewar with Crown-Indigenous Relations and
  Northern Affairs Canada.  With me today I have Godwin
  Okonkwo; he's the manager of water resources.  And I
  have David Zhong, who's the science and regulatory
  advisor.
  THE CHAIR:               Thank you.
       Then Environment and Climate Change Canada.
  MS. WILSON:              Thank you.  My name is Anne
  Wilson.  I work with Environment and Climate Change
  Canada on water quality, and I want to check if we have
  Eva Walker on the telephone with us.
  MS. WALKER:              [INAUDIBLE]
  MS. WILSON:              Thank you.
  THE CHAIR:               Thank you.
       Then Fisheries and Oceans Canada.  Please go to
  the mic -- microphone.
  MR. BEATTIE:             Thank you.  This is Alasdair
  Beattie.  I am the team lead with the mining, oil, and
  gas division of the fish and fish habitat of DFO.
  Today with me I have Edyta Ratajczyk and José
  Audet-Lecouffe.
  THE CHAIR:               Thank you.
       If there are any intervenors that I have not
  mentioned who would like to speak, please identify
  yourself.
       I see there's no -- no hands rise up.
       It is our tradition to give respect to our Elders;
  therefore, at any -- any time during the proceedings an
  Elder may speak to the applications that are before the
  Board.  All that we ask is that when the Elder wish to
  speak, they may -- that they let me or our staff know;
  then we get a microphone to you before you speak so we
  can ensure your comments are recorded in the
  transcript.
       Are there any representatives from agencies,
  association, et cetera, who have not submitted
  interventions but would like to make a presentation or
  share their views about the amendment applications?
       Are there any members of the general public who
  would like to make a formal request to make
  presentation or speak to the Board during the -- during
  this public hearing?
       I also want to mention that the Board will also
  give opportunities to any member of the public who may
  have questions for Agnico Eagle or the intervenors
  throughout the hearing to ask their questions or make
  comments at the end of the technical -- technical
  presentations of each party and during the community
  session that will be taking -- it will take place
  tonight.
       I will now turn to the identification of any
  motion or any objection to the amendment applications
  that are before the Board.
       I think that there's none.
       Okay.  Teresa.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Mr. Chair, we have not received any motions or
  objections to the Panel proceeding with these -- this
  public hearing.  Thank you, Mr. Chair.
  THE CHAIR:               Okay.  We will now proceed
  with Item 8 in the agenda, the presentation by the
  Applicant.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Mr. Chair, if I can have the witnesses state and
  spell their name for the record, please.
  MR. QUESNEL:             Thank you.  Jamie Quesnel,
  J-A-M-I-E Q-U-E-S-N-E-L.
  MR. GROLEAU:             Michel Groleau, M-I-C-H-E-L
  G-R-O-L-E-A-U.
  MR. FAITHFUL:            John Faithful, J-O-H-N
  F-A-I-T-H-F-U-L.
  MR. KENNEDY:             Chris Kennedy, C-H-R-I-S
  K-E-N-N-E-D-Y,
  MR. LAWRENCE:            Gary Lawrence, G-A-R-Y
  L-A-W-R-E-N-C-E.
  MS. LOWER:               Nicola Lower, N-I-C-O-L-A
  L-O-W-E-R.
  MR. PARENT:              Etienne Parent, E-T-I-E-N-N-E
  P-A-R-E-N-T.
  MS. TURMEL:              Manon Turmel, M-A-N-O-N
  T-U-R-M-E-L.
  MS. ALLEN:               Gillian Allen, G-I-L-L-I-A-N
  A-L-L-E-N.
  MR. STEVENS:             Cam Stevens, C-A-M
  S-T-E-V-E-N-S.
  JAMIE QUESNEL, MICHEL GROLEAU, JOHN FAITHFUL, CHRIS
  KENNEDY, GARY LAWRENCE, NICOLA LOWER, ETIENNE PARENT,
  MANON TURMEL, GILLIAN ALLEN, CAM STEVENS, Affirmed
  MS. MEADOWS:              Mr. Chair, I have before me
  three exhibits that are the presentation materials
  about to be presented by Agnico Eagle in English, in
  Inuktitut, and in French, and I propose to mark those
  as the first three exhibits in the public hearing.  Are
  there any additional exhibits that need to be marked at
  this point?
  MS. KOWBEL:              Thank you, Mr. Chair,
  Christine Kowbel for Agnico Eagle.
       No further exhibits at this time.  Thank you.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
  Those are my procedural matters, Mr. Chair.
       EXHIBIT 1 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing February 12-13, 2020 (English)
       EXHIBIT 2 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing February 12-13, 2020 (Inuktitut)
       EXHIBIT 3 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing February 12-13, 2020 (French)
  THE CHAIR:               Thank you.
       Parties are reminded to state their name prior to
  speaking to assist the stenographer in keeping an
  accurate record of the proceeding.  Thank you.
  Presentation by Agnico Eagle Mines Limited
  MR. GROLEAU:             Michel Groleau, Agnico Eagle.
  Thank you, Mr. Chair.
       Before starting the presentation, I would like to
  point to the poster and 3D model at the back of the
  community hall which present the project.  During
  breaks, we will have someone from Agnico Eagle at the
  3D model to explain the model and the project.  Don't
  hesitate to pass by and ask your question if you got
  any.
       During this presentation, I will provide an
  overview of the proposed Whale Tail Expansion Project.
  I will also present a summary of the Nunavut Water
  Board review process to date, as well, a summary of our
  responses to technical comments received.
       Go with the overview of the Whale Tail Expansion
  Project.  This slide present the history of Agnico
  Eagle.  Not go through that in detail.  Briefly, the
  expansion project will add another four years of
  operation to the Whale Tail Project.  And end of
  production is planned in 2026.
       There's currently two approved project for the
  Meadowbank complex:  First, the Meadowbank project
  where we got the mill and the tailings storage
  facility; and, second, the Whale Tail Project, which is
  simply a pit, waste rock storage facility, and haul
  road.  In this presentation, we refer to the Whale Tail
  Project as the "approved project".  Approval for this
  project were received in March 15, 2018, and on -- for
  the -- from the Nunavut Impact Review Board with the
  Project Certificate Number 008, and on July 11, 2018,
  with the water -- Nunavut Water Board Water Licence
  2AM-WTP1826.
       As a satellite operation, the Whale Tail Pit
  Project is approved to operate and will continue to
  feed the Meadowbank mill and tailings storage facility
  and use associated Meadowbank mine infrastructure under
  Project Certificate Number 004 and a Type "A" Water
  Licence 2AM-MEA1526.  So ore is mined at the Whale Tail
  Pit and hauled back at Meadowbank for processing.
       We are currently seeking approval to expand and
  extend the Whale Tail Pit Project through a
  reconsideration of NIRB project certificate and the
  Water Licence 2AM-WTP1826 amendment to include the
  expansion of the Whale Tail Pit, the IVR Pit, and an
  underground mine.  Similar to the approved project, the
  deposit will be mined, and ore will be stockpile, then
  hauled to the approved infrastructure at the Meadowbank
  mine for milling.
       This slide show the proposed schedule of the Whale
  Tail Expansion Project.  So since the last two year,
  we're operating the Whale Tail Pit as per the approved
  project.  Beginning of next -- beginning of 2020, we
  begin the -- the operation and expansion of the Whale
  Tail Pit, IVR Pit, and the stripping and building of
  the infrastructure if the water licence is deemed
  approved.  From 2020 to 2025, we will operate the Whale
  Tail Pit Expansion Project.  And from 2026 to 2042,
  this is a closure phase of the pit where the pit
  flooding occurs.  The closure phase timeline is linked
  to keeping a withdrawal rate for flooding that is
  protective of the water bodies, and post-closure will
  commence in 2043.
       This slide present a layout of infrastructure for
  the approved and expansion project.  Approved project
  infrastructures are shows [sic] in grey; proposed
  infrastructure related to surface mining activities are
  outlined in the red; and proposed, as said, related to
  the underground activities are in purple.
       This figure present both approved and expansion
  project infrastructure at the end of mine life, so just
  before initiating the closure phase.  The approved
  project include the Whale Tail Pit located in the
  middle, the Whale Tail waste rock storage facility on
  the left, and the camp and facilities at the bottom
  here.  To this, we will be adding as part of the
  expansion project the expanded Whale Tail Pit, same
  location, mining it deeper, and the Whale Tail waste
  rock storage facility that is expanded on the east
  side; the IVR Pit, north of the Whale Tail Pit; the IVR
  waste rock storage facility located at the east -- oh,
  sorry; and IVR attenuation pond south to the IVR waste
  rock pipe; the underground mine -- we can see the
  portal right here; underground waste rock pile north of
  the portal; and the three groundwater storage pond in
  blue on this figure.  Those pond will be used for
  management of the water coming from the underground
  mine.
       During a community mapping session held in Baker
  Lake on December 17, 2019, with David Kritterdlik, the
  land user, and Elders have come up with the Inuktitut
  name for this site knows [sic] as "Whale Tail".
  "Piquganiq" refer to the group of small hills, part of
  the north end of the group of eskers surrounding the
  project.  We would like to thanks the community of
  Baker for their input, and we are currently in the
  process to change the nomenclature of the project with
  this new name.  However, this process will take some
  time, and we will continue to refer as the "Whale Tail
  Project" as part of the licence amendment process.  We
  are looking forward to continue working with the Baker
  Lake community to improve the use of Inuktitut in the
  project nomenclature.
       To summarize the project, we would like to show
  you a 3D rendering video of the proposed
  infrastructure.  So the -- thank you, Manon.
  (VIDEO PLAYED)
  MR. GROLEAU:             So here we can see the
  location of Baker Lake and the Meadowbank complex.  So
  we got the Meadowbank mine and the haul road going to
  the Whale Tail Project.  See the esker along the road
  and the location of the Whale Tail Project.  So here
  it's the baseline where we can see the land before the
  creation of the mine.  So we got the Whale Tail Lake in
  the middle.  Future location of the Whale Tail Pit will
  be in this area.
       Here we got the Mammoth Lake, and we'll just go
  above the crossing here between the two lakes.
       This part of the video is presenting the Whale
  Tail Pit operation, so the approved project.  We got
  the Whale Tail dike, the Whale Tail attenuation pond
  right behind it.  Got the Whale Tail Pit and the Whale
  Tail WRSF, the waste rock storage facility, which is
  interesting; we can see the size of a haul truck and A
  pickup truck and the ramp going down the pit.  Give you
  an idea of the proportion.  Got the camp right here and
  the ore stockpile right in this location.
       Next part of the video will present the Whale Tail
  Pit Expansion Project.  So we got expanded Whale Tail
  waste rock storage facility and the two dikes we just
  seen on the previous part of the video with the Whale
  Tail attenuation pond and -- and the Whale -- the Whale
  Tail Pit.  The IVR Pit is right behind, and we got the
  IVR waste rock pile.  Here, the camp and the new IVR
  attenuation pond and future ore stockpile.  Got the IVR
  waste rock storage facility.
       And then we'll go underground to see the
  underground mine deposit and the main ramps.  Accessing
  the ore body.  So we see here connection with the
  surface through the portal and the ramp going through
  the Whale Tail deposit, and you got the IVR deposit
  here on the right side of the screen.  So you can see
  the ramp that turns down that allows to reach out the
  different section of the ore body.
       So this final part of the video show the closure.
  This is really the state of the project at
  post-closure, so after pit reflooding is completed.  So
  at that moment in time, we reconnect the Whale Tail
  South Basin with the pits.  So here the dike is
  breached, and water can -- can flow and reach out the
  previous location of the Whale Tail Pit and IVR Pit.
  You can see the pit wall through the surface of the
  water.  And then the pit lake will reconnect with the
  Mammoth Lake through a spillway.  So water will flow
  above the spillway toward this -- this location toward
  the west.
       So we'll go back to the presentation.
       Thank you, Manon.
       We'll discuss of the water use and the management.
  So this slide present the different infrastructure
  related to surface water management and underground
  contact water management.  So I'll not go through that
  again.  I think we -- we present that through the video
  in detail.
       This next slide is presenting an estimate of how
  water use will be broken down during the construction
  and operation phase for the approved and expansion
  project.  The number in this table were extracted from
  the Part E, Item 1 from the draft water licence that
  have been submitted.  The line at the bottom is
  presenting the global number, and this is how we think
  at this time that this will be split.  As an overall
  amount under the licence, we are requesting
  700,859 cubic metre from all sources.
       This table present an estimate of how water use
  will be broken down during the closure phase for the
  approved and expansion project.  The numbers in the
  table -- in this table were extracted from the Part E,
  Item 2 from the draft water licence.  The line at the
  bottom is presenting the global number, and this is how
  we think at this time that it will be split.  The
  overall amount under the licence we are requesting is
  14,855,606 cubic metre from all sources.
       Following comments from Environment and Climate
  Change Canada, the Kivalliq Inuit Association, and the
  Kivalliq Inuit Association [sic], Agnico Eagle
  developed a strategy to management potential exceedance
  volume for different wet year scenario in 2020.  To
  manage water at freshet 2020, two main storage
  infrastructure, our Quarry 1 and the Groundwater
  Storage Pond 1, operational flexibility will dictate
  the order in which water will be managed.  Freshet 2020
  water management strategy is aligned with the adaptive
  management plan.
       It should also be noted that if water quality
  meets water licence effluent discharge criteria, direct
  discharge to the receiver could be completed to
  increase water storage capacity and reduce pressure on
  the water treatment plants.
       This slide is presenting the conceptual
  hydrogeological system for the Whale Tail Expansion
  Project.  During the operation, Whale Tail Pit and the
  underground mine are groundwater recharge system, and
  no groundwater is planned to report to the IVR Pit, as
  this pit is located in continuous permafrost.
       During the closure phase, Whale Tail Pit, IVR Pit,
  and the underground mine will slowly become groundwater
  discharge system, and volume from 0 to 5 cubic metre
  per day are forecasted to flow out of the system and
  reach the deep talik system.
       This slide is presenting the three discharge
  location of the project.  So we got the approved
  discharge in Mammoth Lake and the two discharge that
  was added as part of this application, one from the
  Whale Tail South Basin effluent discharge location, and
  the Number 3, Whale Tail dike seepage collection pond
  discharge location.
       To process the trigger -- the use of the
  alternative location for discharge of treated effluent
  is defined by the Nunavut Impact Review Board
  Certificate 004 -- 008, Terms and Condition Number 67.
  The new project certificate was reviewed last week with
  the parties and the Nunavut Water Board.  The
  authorization to proceed with the potential discharge
  to Lake D1 or D5 will be granted by the Nunavut Water
  Board based on their -- the Nunavut Impact Review Board
  recommendation.
       The decommissioning of the infrastructure required
  for the alternative discharge location was included in
  the security management agreement.
       This slide is presenting the water balance and
  water quality forecasts works completed as part of this
  application.  The modelling completed as part of the
  final environmental impact statement and subsequently
  with the Nunavut Water Board water quality model update
  provided an understanding of the project -- the
  projected water quality conditions during each phase of
  the project.  Moreover, several sensitivity analysis
  were completed based on the comment from the parties as
  listed on this slide.  We consider that the uncertainty
  related to water quality has been addressed through all
  the different iteration of the water balance and water
  quality modelling exercise.  These different iterations
  of the model were used to define the adaptive
  management plan triggers and mitigation strategies.
       Following the completion of the flooding of the
  pit at the end of the closure phase, water chemistry of
  the Whale Tail Pit and IVR Pit will be slightly
  different to the receiving environment prior to the
  reconnection but will meet closure objective.  There
  will be minor change in water quality in the receiver
  once the pit is reconnected, but the water quality
  condition of the receiver will also remain within
  closure objective.
       The water quality condition of the Whale Tail and
  IVR Pits will be evaluated on an ongoing basis as the
  pit is flooded.  The closure objective may be achieved
  in advance of the pit being filled, which could allow
  for revision of the post-closure monitoring effort.
       The closure objective for the pit will be defined
  in the final closure and reclamation plan and are
  expected to align with environment guidelines and
  relevant site-specific water quality objective.
       Agnico Eagle has developed a comprehensive closure
  and post-closure monitoring program based on the
  flooding sequence and the relative pit flooding extent
  and the 17 years required to flood the Whale Tail Pit.
  This outcome provides the benefit of reducing
  uncertainty in the final flooded water quality
  conditions because it is -- it is expected that
  throughout the flooding process the pit lake will
  already begin to demonstrate water quality conditions
  that would be expected in the full pit state.
  THE CHAIR:               We shall -- excuse me.  We
  shall take a break now, come back here at 7:00 for our
  community session, and continuation of technical
  session.  We'll take a -- yeah, we need to go back,
  have -- have supper, and then come back here at 7:00.
  _______________________________________________________
  PROCEEDINGS ADJOURNED UNTIL 7:00 PM
  _______________________________________________________
  (PROCEEDINGS RECOMMENCED AT 7:03 PM)
  Community Session
  THE CHAIR:               Good afternoon.  Welcome back
  to the hall.  Before we start the proceeding, I'd like
  to recognize the mayor of Baker Lake to come over and
  have welcoming remarks and so on.
  Opening Remarks by the Mayor of Baker Lake (Community
  Session)
  MR. AKSAWNEE:            Test, test, test.
       Good evening, everybody.  My name's Richard
  Aksawnee.  I'm the -- I'm the newly elected mayor for
  the community of Baker Lake.  I would like to take a
  few minutes as the mayor for Baker Lake, the
  geographical centre of Canada, to extend a very warm
  welcome, each and every individual visiting our
  community today.
       You are visiting our community to attend and
  participate in a very important meeting of the Nunavut
  Water Board.  Lootie, as the chairman of the Board, you
  and your fellow members are always welcome to Baker
  Lake.  The functions and responsibilities you and your
  Board have are very important to the community of Baker
  Lake and, indeed, all of Nunavut.  I trust you all have
  a very productive meeting, and, again, please enjoy the
  hospitality of our community.  Have a great evening.
  Thank you.
  Opening Remarks (Community Session)
  THE CHAIR:               Thank you.  Thank you very
  much.
       So we will proceed with this community session
  tonight.  Good evening once again, and welcome to a
  community session for Nunavut Water Board's public
  hearing in relation to the amendment applications
  submitted by Agnico Eagle Mines Limited -- that I will
  refer to as "Agnico Eagle" or "Applicant" -- with the
  Nunavut Water Board for Water Licences 2AM-WTP1826,
  2AM-MEA1526, and 2BB-MEA1828.
       My name is Lootie Toomasie, and I'm the chair of
  Nunavut Water Board.  I'll be chairing tonight's
  session.
       Tonight's session is the part of Nunavut Water
  Board's public hearing to consider the amendments to
  the existing water licences, which authorize the use of
  water and deposit of waste associated with the water
  and waste management infrastructure at Agnico Eagle
  Mines -- Agnico Eagle's Whale Tail Pit and Meadowbank
  gold mining undertakings.  The changes to these water
  licences have been requested by Agnico Eagle to reflect
  an expansion to Agnico Eagle's mining activities at the
  Whale Tail Pit under what Agnico Eagle has proposed in
  the Whale Tail Pit -- Whale Tail Pit Expansion Proposal
  that was assessed by the Nunavut Water -- Impact Review
  Board last year.
       This public hearing marks the final opportunity
  for the Applicant, the intervenors, and the members of
  the community to present their comments, issues, and
  questions about the amendment applications to the
  Nunavut Water Board before the Board makes its decision
  about the amendments.  The Nunavut Water Board
  appreciates you all turning out to participate in this
  important meeting.
       Before we proceed with tonight's session, please
  let us begin with prayer.  Let us stand and pray.
  Opening Prayer
  THE CHAIR:               For those of you who were not
  here this afternoon when we started the public hearing,
  I have a few brief housekeeping introduction remarks,
  and then, as outlined in the agenda, I will turn the
  microphone over to the following parties:  Firstly, as
  outlined in Item 3 of tonight's agenda, the staff of
  the Nunavut Water Board will provide everyone with a
  summary of the Water Board's process in general and in
  relation to these amendment applications specifically.
  After presentation by the Board staff, community
  members will have an opportunity to question the Board
  staff about our process.
       Then as set out under Item 5 of the agenda, the
  Applicant, Agnico Eagle Mines Limited, will provide
  their presentation explaining the changes they are
  requesting in the amendment applications, and you
  will -- and you will have an opportunity to ask them
  questions and provide your comments.
       And we will then move to Items 7 and 8 on the
  agenda when the intervenors in this application, the
  Kivalliq Inuit Association, Crown-Indigenous Relations
  and Northern Affairs, Environment and Climate Change
  Canada, and Fisheries and Oceans Canada, will outline
  their mandates and roles in respect of these water
  licences and will present summaries about their
  comments/submissions provided to the Board to date.
  Their presentations will be followed by opportunity for
  you to ask questions of the intervenors and provide the
  Board with your comments.
       Now, on to a few brief housekeeping items.
  Firstly, there will be interpretation available
  throughout the hearing, and earpieces are available
  from the table located just as you come into the hall.
  The floor is -- Channel 1 is floor; Channel 2 is
  English; Channel 3, Inuktitut.
       Secondly, the Board asks everyone, including the
  Applicant, intervenors, and members of the public to
  sign in on the sheets provided at the table as you came
  in.  This is an important record of the hearing, and we
  appreciate your help in making sure it is complete.
       The washrooms are located in the lobby as -- the
  members know all this more than I do; I just came in
  today.  And the coffee will be available, tea -- tea
  and snacks are located on the table at the side there.
  During break, please help yourself.  Make yourself to
  the food and the refreshments provided.
       There are agendas for this community session and
  the public hearing at the table as you came in.  Please
  pick one up and follow along.
       Now I would like to introduce all the Board and
  the staff before we proceed to the presentation in the
  agenda.  I'll be chairing this Panel, and with me today
  as members of the Panel are Board members Ross Mrazek
  on my right, and Makabe Nartok on my -- on my left.
       I would also like to introduce several staff
  members and our legal counsel who have come to the
  NWB's administration and technical review of the
  amendment applications.  When I say your name, please
  wave so that the people know who you are.  Karén
  Kharatyan, director of technical services; Ben Kogvik,
  director of board administration and communications, at
  the back at the interpreter booth; Richard Dwyer,
  manager of licencing at the entrance area; Assol
  Kubeisinova, technical advisor; and Teresa Meadows from
  Meadows Law, legal counsel to the Board.
       We have two interpreters helping us this evening.
  In addition to Ben Kogvik, director of administration
  and communications, we have Alexander Alooq, who is
  from Baker Lake.
       For audio support, we have Ryan Dempster from PIDO
  Productions with us.  If you experience any
  difficulties with your headsets, he will be able to
  provide you assistance.
       To ensure an accurate record of this proceeding is
  kept, we have with us a court reporter, Christy
  Longacre, from Dicta Court Reporting Incorporated.  To
  assist Christy, I ask that all parties please state
  their name prior to speaking.
       As I said earlier, tonight's session will involve
  a presentation by the Nunavut Water Board technical
  staff; a presentation by the Applicant, Agnico Eagle
  Mines Limited; and presentations by the intervenors,
  the Kivalliq Inuit Association, Crown-Indigenous
  Relations and Northern Affairs, Environment and Climate
  Change Canada, and Fisheries and Oceans Canada.
       Following each presentation, I will invite anyone
  who wishes to ask questions or provide the Panel with
  their comments to step up to the microphone and speak
  on the record.  I encourage everyone with questions to
  please step up and ask.  But to make sure our public
  hearing is accurate and to assist our court reporter
  and interpreters, before speaking, please wait until
  you have a microphone to speak, then state your name
  and speak directly, clearly, and slowly into the
  microphone.  Please be mindful of the interpreters as
  you go, and avoid the use of abbreviations if you can.
  We appreciate your participation and assistance in
  making sure we are all heard and understood in this --
  in this hearing.
       I will now turn the microphone to the Board's
  technical staff to walk you through how these
  applications have been progressed to this point.
       Karén and Assol.
       EXHIBIT 4 - Hard Copy PowerPoint Presentation
       Nunavut Water Board Community Session
       Presentation Type "A" Water Licences
       2AM-WTP1826 Whale Tail Pit Project
       2AM-MEA1526 (English/Inuktitut)
  Presentation by Nunavut Water Board Staff (Community
  Session)
  MR. KHARATYAN:           Thank you, Mr. Chair.  My name
  is Karén Kharatyan.  I am director of technical
  services with Nunavut Water Board.  So the Board will
  start tonight's session with a presentation by Nunavut
  Water Board, which will be followed by a presentation
  by the Applicant, Agnico Eagle Mines Limited.
  Following that, we will have presentations by
  intervenors.  So as Mr. Chair stated, after each
  presentation, we will invite anyone to -- anyone to ask
  questions or provide the Panel with their comments to
  step up to the microphone and speak on the record.  If
  you are an Elder, you can speak at any time throughout
  these proceedings.  We just ask that you raise your
  hand to be recognized by the chairperson and wait to
  speak until one of our staff members can get a
  microphone for you.
       For anyone here tonight, I encourage to ask
  questions or share your comments with the Board by
  stepping up to the microphone, or you can direct your
  questions to the staff of Nunavut Water Board, the
  Applicant, or intervenors present today.
       As Mr. Chair indicated at the start -- at the
  start of the public hearing, it is very important to
  the Nunavut Water Board that we have an accurate record
  of the information, questions, and comments that we
  hear during this public hearing.  So we ask that
  parties or any persons -- any members speaking to --
  sorry -- to -- to assist our interpreters and the court
  reporter, please wait until you have a microphone
  before you to speak, then state your name, and speak
  directly, clearly, and slowly into the microphone.
  Please be mindful of the interpreters as you go, and
  avoid the use of abbreviation if you can.
       So we appreciate your participation and assistance
  in making sure we are all heard and understood in this
  public hearing and this hearing is conducted in a
  productive and respectful manner.
       So I will now turn the microphone over to the
  Board technical advisor working on this file, Assol
  Kubeisinova, and she will walk you through how this
  amendment application has progressed to this point.
       Assol, please start with your presentation.
  MS. KUBEISINOVA:         Good evening.  So we are here
  today to discuss Agnico Eagle's applications.  There
  are three applications to amend water licences.  The
  main one is for the amendment of the Whale Tail Pit
  licence and the two consequential ones for the
  Meadowbank mine site.
       So the NWB is an institution of public government,
  an IPG, established under Article 13 of the Nunavut
  Agreement.  The Board has responsibilities and powers
  over the regulation, use, and management of freshwater
  in the Nunavut settlement area.
       The objects of the NWB are to provide for the
  conservation and utilization of waters in Nunavut
  except in the national park in a manner that will
  provide the optimum -- optimum benefit from those
  waters for Nunavut's residents in particular and
  Canadians in general.
       So there are three types of authorizations that
  the Board can issue for the use of waters and deposit
  of waste.  The first one is an authorization without
  the licence that is for water use of less than 50 cubes
  of water -- 50 cubic metres of water per day.  Another
  one is a Type "B" water licence that is for water use
  of between 50 and 300 cubic metres of water per day.
  And, finally, a Type "A" water licence that is for the
  use of water -- oops -- for the use of water of over
  300 cubic metres per day.  So this week's public
  hearing is for the type -- for a Type "A" water licence
  applications based on the criteria set out in Schedules
  2 and 3 of the regulations.
       So here is just an overview of the Board's
  licencing process.  To start, the Board receives an
  application for a Type "A" water licence and conducts a
  concordance review.  As a result of that concordance
  review, we may ask the Applicant to provide more
  information, and that will go out -- all of that
  information will go out for technical review and
  submission of comments by intervenors, by outside
  parties.
       So the parties -- parties submit written
  representations, their written comments.  If required,
  an Applicant provides more information in response to
  those comments.  The Water Board holds -- holds a
  technical meeting and a pre-hearing conference and then
  issues a pre-hearing -- pre-hearing conference
  decision.  In that -- in that pre-hearing conference
  decision, there may be commitments outlined for the
  Applicant to fulfill.  The Board also issues a notice
  of the public -- of a public hearing that's coming at
  least 60 days prior to the start of the public hearing,
  and parties exchange written interventions and prepare
  for the public hearing.
       So, today, we are at the stage where the Board
  holds a public hearing.  You can see it's circled in
  red.  And as an outcome -- there are two outcomes for
  the public hearing.  The Board can issue a decision to
  approve the application and -- and provide the draft
  water licence to the Minister, or it issues a decision
  to not approve the applications and explain the reasons
  to the Minister.
       So in case the application is recommended to be
  approved, the Minister may approve or may not approve
  the licence.  And in -- this is the same way with
  the -- the Board's decision to not approve the
  application; the Minister can approve the decision or
  cannot.
       So these three applications that are before the
  Board are by Agnico Eagle Mines Limited, Agnico Eagle,
  related to further development of the Whale Tail Pit
  Project.  And I won't go into detail what kind of --
  what kind of changes to the project and how to expand
  it -- Agnico Eagle is requesting, as we will have a
  presentation later by the Applicant that will explain
  in more detail on what is requested.
       So this is -- this is just a brief timeline of the
  process.  On October 19th, 2018, the NIRB determined
  that the Whale Tail Pit expansion proposal is a change
  to the original Whale Tail Pit mine site and will
  require an assessment by the NIRB.
       On May 16th, 2019, the Water Board received from
  Agnico Eagle applications for the amendments.  And,
  also, that included a request to -- to coordinate its
  process with the NIRB process.
       On June 4th, the -- the Water Board publicly
  distributed the applications for a completeness check
  by intervenors, and we received comments on that
  completeness on July 18th.
       On August 1st, the NWB received Agnico Eagle's
  responses to the comments, and on August 14th, the
  Board publicly distributed the water licence
  applications -- applications, this time for a full
  technical review.
       On September 16th, we received the technical
  review comments from the Kivalliq Inuit Association,
  Crown-Indigenous Relations and Northern Affairs,
  Fisheries and Oceans Canada, and Environment and
  Climate Change Canada, and on October 7th, Agnico Eagle
  responded to those comments.
       On October 18th, the Water Board received the
  proponent's and intervenors' presentations for the
  technical meeting.  On October 18th as well, the NIRB
  issued its report and recommendations for the proposed
  Whale Tail Expansion Project.
       On October 23rd, we released the final agenda for
  the technical meeting and for the pre-hearing
  conference, and although the technical meeting and the
  pre-hearing conference were scheduled to happen here in
  Baker Lake in October, we had to hold them in
  Yellowknife on October 29th and 30th because the
  weather prevented flights landing in both Baker Lake
  and Rankin Inlet.
       November 29th, the -- the Water Board released its
  pre-hearing decision, including the notice of the
  public hearing and the list of commitments for the
  Applicant.  And on October 20th, we received the
  submissions according to the commitment list from
  Agnico Eagle.
       On January 20th, the Minister accepted the NIRB's
  report and recommendations and authorized the expansion
  project to proceed.  And on October 23rd, the parties
  provided their final submissions to the Board.
       January 30th, Agnico Eagle filed its final
  submissions in preparation for the public hearing, and
  on February -- February 4th, the Water Board
  distributed the draft agenda for the public hearing.
       On February 6th, we received the copies of the
  public hearing presentations from the parties and from
  the Applicant and on the -- on February 7th, circulated
  the final agenda for -- for the public hearing.
       The Applicant, Kivalliq Inuit Association, CIRNA,
  DFO, and ECCC have all contributed to the review
  process for the applications, participated in formal
  and informal discussions aimed at resolving relevant
  issues, and provided the Board and the proponent with
  valuable technical information, questions, and concerns
  on relevant issues.
       Everyone is encouraged to participate in this
  public hearing and this community session.  Interested
  persons can also contact the Water Board staff if you
  would like to provide written submissions, written
  comments, or to review the documents filed for the
  applications.  And all documents can be accessed at the
  Water Board's FTP website.
       The public hearing of this week is chaired by the
  Board Panel and led by the Board's chair.  The Water
  Board Panel is here to consider the evidence provided
  during the hearing before issuing a decision in about
  30 to 45 days.  The Water Board will inform the public
  of the Board's decision once rendered.  And this is the
  list of the staff that you can contact and our contact
  information.
       Any questions or comments?
  MR. KHARATYAN:           Thank you, Assol, for
  presentation.
       Now I will open the floor for questions, and I
  will start with community members just asking anyone
  having question raise their hands, and our staff member
  will bring the -- will bring the microphone.  So,
  please, any question from public?  The "questions", I
  mean questions to Water Board staff regarding our
  process, our licencing process.
       If no questions from public, I will ask Agnico
  Eagle whether they have any questions for Nunavut Water
  Board.
  MR. GROLEAU:             Michel Groleau, Agnico Eagle.
       We do not have any question.  Thank you.
  MR. KHARATYAN:           Thank you.
       Going to intervenors and starting with the
  Kivalliq Inuit Association, whether any questions for
  Board.
  MR. MANZO:               Thank you, Mr. Chairman.  Luis
  Manzo, Kivalliq Inuit Association.
       No questions at this time.
  MR. KHARATYAN:           Thank you.
       Any question from Crown-Indigenous Relation and
  Northern Affairs?
  MR. DEWAR:               Matna, Mr. Chair.
       No questions.
  MR. KHARATYAN:           Thank you.
       Now asking Environment and Climate Change Canada.
  MS. WILSON:              Anne Wilson, ECCC.
       No questions.  Thank you.
  MR. KHARATYAN:           Thank you.
       And Fisheries and Oceans Canada.
  MR. BEATTIE:             Alasdair Beattie from DFO.
       We have no questions.  Thank you.
  MR. KHARATYAN:           Thank you.
       Now we will ask proponent, Agnico Eagle Mines
  Limited, to make their brief presentation.  This is --
  this is just community presentation, not the technical
  session presentation.
  MS. MEADOWS:             Mr. Chair.  Thank you,
  Mr. Chair.  Teresa Meadows, legal counsel for the
  Nunavut Water Board.
       Mr. Chair, the community session presentation that
  Agnico Eagle is about to present -- we will be marking
  the English, Inuktitut, and French copies of that
  PowerPoint presentation as the next exhibits in this
  public hearing, and those are my procedural matters,
  Mr. Chair.
       EXHIBIT 5 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing - Community Session February 12-13,
       2020 (English)
       EXHIBIT 6 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing - Community Session February 12-13,
       2020 (Inuktitut)
       EXHIBIT 7 - Hard Copy PowerPoint Presentation
       Whale Tail Pit Expansion Project NWB Public
       Hearing - Community Session February 12-13,
       2020 (French)
  THE CHAIR:               Thank you.
  Presentation by Agnico Eagle Mines Limited (Community
  Session)
  MR. GROLEAU:             Thank you, Mr. Chair.  Michel
  Groleau, Agnico Eagle.
       We're quite happy to be in Baker Lake this week to
  participate to the Whale Tail Pit Expansion Project
  Nunavut Water Board public hearing.  This is an
  important milestone for us, and we would like to thanks
  [sic] the community member and the parties to attend
  this event.  This is meaningful for us.  Thank you.
       Before starting this presentation, I would like to
  point out -- to the poster and 3D model at the back of
  the room.  During the breaks, we will have someone from
  our team at the 3D model to explain the model and the
  project.  So don't hesitate to pass by and ask your
  question if you got any.  It will be a pleasure to
  answer them.
       During this presentation, we'll do an overview of
  the proposed Whale Tail Expansion Project, and I will
  also present a summary of the Nunavut Water Board
  review process to date, as well as a summary of our
  responses to technical comments received.
       So this slide present the history of Agnico Eagle
  in Nunavut.  We're in Nunavut since 2007, and at the
  Meadowbank project we started production in 2010.  And
  production will cease later this year at the site.
  We're hoping to start the construction of the Whale
  Tail Expansion Project in 2020 and end production in
  2026.  The expansion project will add another four
  years of operation to the Whale Tail Project.
       The Whale Tail Pit approved project was permitted
  in March 15, 2018, when we receive from the Nunavut
  Impact Review Board the Project Certificate Number 008,
  and we receive approval of our water licence by the
  Minister on July 18, 2018 -- would mark the beginning
  of the construction and the operation of the Whale Tail
  Pit approved project as a satellite operation of the
  Whale -- the Whale Tail Pit Project is approved to
  operate and will continue to feed the Meadowbank mill
  and tailings storage facility.
       Agnico Eagle is seeking approval to expand and
  extend the Whale Tail Pit Project through a
  reconsideration of the Nunavut Impact Review Board
  Project Certificate 008 and a Type "A" water licence
  amendment to include the expansion of the Whale Tail
  Pit, the IVR Pit, and an underground mine.  So the ore
  will be stockpiled at Whale Tail then haul to
  Meadowbank to be then mill.  And we receive a positive
  ministerial decision for the Nunavut Impact Review
  Board reconsideration process on January 22, 2020.
       So this slide's presenting the time frame of the
  Whale Tail Expansion Project.  So as I mention,
  we'll -- the mining will start from 2019 to 2025th
  [sic].  Milling will stop somewhere in 2026 based on
  our current mine plan.  We're expecting a closure phase
  beginning in 2026.  That will mark the beginning of the
  pit-flooding process that will be completed in 2042,
  and then post-closure will happen in 2043 when the lake
  will be reconnected with the pits.
       So this slide present a layout of the
  infrastructure of the approved project and expansion
  project.  The approved project infrastructure are in
  grey, and we include also the lakes impacted by the
  project.  In red, we can see the inspection
  infrastructure related to the surface mining.  So we
  got an extension of the waste rock pile, the Whale Tail
  waste rock pile, the new IVR waste rock pile, and the
  IVR Pit.  To manage the water on-site, we're planning
  operating the IVR attenuation pond.  All the
  infrastructure in purple are associated to the
  underground mining.  So we got a series of groundwater
  storage pond in here, a waste rock pile, and the
  portal.  So every water that will get in contact with
  our waste rock from the underground will report to
  those ponds.  So we don't expect having any interaction
  with the surface activities and the underground
  activities.
       This site layout is showing up the project at the
  end of mining.  So it's with the full extent of each
  infrastructure.  So I'll go through the site
  infrastructure quickly starting with the Whale Tail Pit
  and the IVR Pit.  The two waste rock pile.  We got the
  series of groundwater storage pond and the portal right
  there.  There's a couple of ore stockpile for the
  project in here and in there.  And we got the waste
  rock pile for the underground.
       During a community mapping session held in Baker
  Lake on December 17, 2019, the land user and Elders
  have come up with an Inuktitut name for the site as
  known as "Whale Tail".  The name that have been
  selected is Piquganiq.  This is referring to a group of
  small hills, part of the north end of a group of esker
  that surround the project.  We would like to thanks the
  community of Baker Lake for their input.  We are
  currently in the process to change the nomenclature of
  the project with this new name; however, this process
  will take some time, and we will continue to refer to
  the "Whale Tail" as part of the licence amendment
  process and this public hearing.  We are looking
  forward to continue working with the Baker Lake
  community to improve the use of Inuktitut name in the
  nomenclature of the project.
       So we'll present a short video that give a better
  understanding of the project infrastructure through the
  different phase of the project.
  (VIDEO PLAYED)
  MR. GROLEAU:             So we can see here the
  municipality -- the community of Baker Lake and the
  Meadowbank project and then the road going to Whale
  Tail.  So surrounding the different lake, we got a
  couple of bridge all around the -- the road, and it's
  going around an esker that we can see here on the
  screen.  And then we reach the Whale Tail Project
  location.
       Here, it's a 3D rendering of the site before the
  construction of the Whale Tail Project.  We can see
  here the Whale Tail Lake and the future location of the
  pit, which would be at the north end of the lake.  On
  the left, we can see the connection between the Whale
  Tail Lake and Mammoth Lake.  Future location of the
  Mammoth dike.
       Next part of the video will present the
  infrastructure as per the Whale Tail Pit operation or
  the approved project.  So we can see the Whale Tail
  dike and the Whale Tail attenuation pond.  This is used
  to manage contact water from the open pits in the Whale
  Tail Pit waste rock storage facility.
       Resting to see the size of the pit and compare it
  to the truck on the ramp.  So we got a pickup truck and
  a haul road -- haul truck.  The camp over here with the
  ore stockpile.  So we can see the ore stockpile here on
  the left.  Future part of the video will present the
  Whale Tail Expansion Project at the end of mine life.
       So, again, we can see the Whale Tail dike, the
  Whale Tail waste rock storage facility, the Mammoth
  dike, Whale Tail attenuation pond.  We got the two
  pits, so here the Whale Tail pits and the IVR pits at
  the back.  And here is the IVR waste rock pile.  So the
  underground portal is starting in that location.  We'll
  have a better view on it in a minute.  We got the haul
  road and the new IVR attenuation pond and the camp.  So
  we can see a stockpile on the right of the Whale -- IVR
  waste rock pile and another stockpile over here.  The
  groundwater storage pond that I was discussing that
  will be used to manage contact water from the
  underground ore located here.
       So from the portal, we're accessing the
  underground mine.  So we can see the ramp going down to
  the ore deposit, and this is the ramp going to the ore
  deposit underneath the IVR Pit.  So we got a -- a 3D
  rendering at the back also for people that are
  interested to look at it a bit more closely.  So with
  those ramp, we can access the ore body underneath both
  pits.
       So this part of the video's showing the site at
  the end of the closure, so we're starting the
  post-closure at that time.  Here we -- we got the Whale
  Tail dike that is breached.  So we got the two lake --
  the three connect together.  So this is the former
  Whale Tail Lake, and the pit is located in this area as
  the IVR Pit.  So we can see the pit wall through the --
  the water surface.
       And the water will flow back naturally to the
  Mammoth Lake through a spillway.  So water will flow
  above the spillway toward the Mammoth Lake, which is
  located outside of the screen at the left.
       Thank you, Manon.
       So public engagement is an important aspect of
  our -- of our values at Agnico Eagle.  So we -- we will
  and we are working in partnership with Indigenous
  people to establish a mutually beneficial, cooperative,
  and productive relationship.  So this diagram show the
  way we -- we include the participation, so it's the
  participation framework.  So we act, we plan, we do,
  and we check.  So this is driven by our responsible
  mining management system.
       So this slide is summarizing what do we mean by
  plan, doing, acting, and checking.  So this is not only
  part of our public engagement process, but it's also
  applied to many aspect of operation.  So this is the
  way we -- we like to operate and include people
  through -- through different process in our operation.
       This slide's summarizing the different public
  participation meeting we got.  So we got above
  60 related to the Meadowbank complex through project
  consultation and engagement from 2016 to '19, more than
  20 for the Whale Tail approved project, and about 8 for
  the Whale Tail Expansion Project since July 2018.
       Next couple of slide will present the water
  management and the waste management.  So we go through
  all those infrastructure during the previous slide, so
  I'll not discuss of that again.
       This table summarizing our water use during
  operation and the construction phase.  So this table
  are extracted from the Part E, Item 1 for -- from our
  draft water licence.  Main thing is the total volume
  that is presented at the bottom of the table.  So for
  the expansion project, we're requesting 700,859 cubic
  metre of water from all sources.  And for the closure
  phase on that table summarizing, again, the volume
  we -- we want to -- to get per year from the different
  sources.  So volume presented in the last table were
  also annual volume to be consumed during operation and
  construction phase.  And for the closure, we're seeking
  for a volume of 14 million point 8 cubic metre of water
  per year to flood the pit at the end of operation.
       So during operation, we have to manage contact
  water on-site.  So once water meet effluent discharge
  criteria, we're looking to discharge this water in --
  in three different areas on-site.  So for the approved
  project, we got this Discharge Location 1 within the
  Mammoth Lake that we're currently using.  We're looking
  to add two station as part of this application in the
  Whale Tail South Basin.  So the Number 2 will be for
  our effluent coming out from the treatment plant.  And
  the Number 3 is related to the Whale Tail dike seepage.
  So it's water that flow through the dike, so water from
  the lake that we collect at the -- at the bottom of the
  dike on the outer side, and we want to pump back in the
  lake before it's getting in contact with the mine
  infrastructure.
       Also as part of this project, we worked with the
  parties to define an adaptive management strategy.  One
  of them is related to the water quality of the
  receiver, so the receiver are the lake where we're
  discharging the effluent from the -- the water
  treatment plant.  In the situation where we need to
  move to another location, we identify lakes that can be
  used to do so.  This was part of the reconsideration of
  our project certificate.  We got a condition within our
  project certificate that gave us guideline how to
  initiate discharge in those location.  Those two lake
  are the Lake D1 located here -- it's about 10
  kilometres from the site -- and the Lake D5.
       So following completion of the condition of that
  terms and condition, the Nunavut Water Board will be
  able to give direction to -- to Agnico Eagle in the
  eventuality we want to discharge in those lake.
       The waste management on-site is pretty similar
  from the approved project.  So we're looking to store
  the waste rock in the existing Whale Tail and the new
  IVR waste rock storage facility.  Within those waste
  rock storage facility, we'll also store overburden
  materials, and there will be a cover of non-potential
  acid generating material that will cover the -- those
  waste rock pile and overburden.
       We'll operate also a landfill, and we're looking
  forward to the construction and operation of a new
  incinerator and a composter and a land farm.  And all
  disposal of hazardous material will be completed in
  approved off-site facilities.  Most likely we're
  shipping that material to the south and get rid of the
  hazardous material that way.
       The Whale Tail expansion rock management is
  consistent of the approved project waste management
  strategy.  We're speaking of around 167.8 million tons
  of waste rock.  That waste rock will be tested and
  sampled to verify acid rock drainage and metal leeching
  in support of our waste segregation plan.  So we're
  speaking of more than 40,000 sample per year.  So it's
  a lot of sample to get -- to make sure that the waste
  rock is well segregated.
       The underground waste rock will be store, as I was
  mentioning, in another facility.  During the operation,
  we're planning reclaiming that waste rock and bringing
  it back in the underground mine as backfilling.  So at
  end of -- of the operation, there's no more residual
  waste rock from the underground at the surface.  It's
  all used as backfilling material in the underground
  mine.
       So the next two slide are about the closure and
  reclamation and security plan.  So the way the -- the
  closure and reclamation is structure is through two
  different plans.  So we got an interim closure and
  reclamation plan that was filed as part of this
  application, and we have to complete a final closure
  plan at the one year prior to the closure of the site
  where we get more detail about how we going to close
  the site.  So all the concept and the objective are
  defined within the interim closure plan, and the final
  closure plan is providing us the detail to how we
  execute that work.
       Most of the discussion related to the closure
  through that -- through that licence amendment was
  related to the water quality and the reconnection of
  the flooded pit lake, and we consider that those
  discussion point are resolved now as part of these
  amendment process with the parties.
       That's bring us to review our reclamation cost
  estimate.  So for the approved project, we were having
  an estimate of 26 million.  With the approved and
  expansion project, the new reclaimed cost estimate is
  now at 50.6 million, and the Type "B" water licence is
  at 1.2 million.  So the security management agreement
  was reviewed by the Kivalliq Inuit Association and
  Crown-Indigenous and Northern Affair Canada [sic], and
  we got agreement on those number.
       Through that process, we also completed a revision
  of our management and monitoring plan.  So the main
  plan that have been created for this expansion project
  are the adaptive management plan, the conceptual Whale
  Tail expansion offsetting plan, the land farm design
  and management plan, and the incinerator and composter
  waste management plan.  All other plan submitted with
  the water licence amendment were updated of the
  existing plan to capture the expansion project
  activities, and we recommend to the Nunavut Water Board
  to look at the list of plan as described in our draft
  water licence closely as it's provide the most
  up-to-date version of the approved plan.
       So here, it's a list of the plan we're planning to
  update following -- 60 day following issuance of the
  amended water licence if the project is deemed
  approved.  So we're looking at the waste rock
  management plan, the water management plan, interim
  closure plan, interim closure and reclamation plan,
  spill contingency plan, the hazardous material
  management plan, and the emergency response plan.
       So we'll conclude this presentation.  So as part
  of the Nunavut Water Board review process, we have
  received 31 final written submission comments from
  Environment Climate Change Canada, Crown-Indigenous
  Relation Northern Affair Canada, the Kivalliq Inuit
  Association, and the Department of Fishery and Ocean
  Canada [sic].  At this point, Agnico Eagle understand
  that we have resolved all items, and we would like to
  thank the community members and the parties for their
  comments, recommendations, and involvement on the
  review of this file and to make this project better.
  Matna.
  MR. KHARATYAN:           Thank you, Agnico Eagle.  This
  is Karén Kharatyan, Water Board.
       I will now open the floor for questions from
  public, and I should clarify that because we are in
  community session, we are not necessarily looking for
  question from parties and we're just looking for
  question from public community members.  Are there any
  question from community members, please?
       If you do not have any questions, I will ask the
  next presenter, which will be Kivalliq Inuit
  Association, to make their brief presentation, please.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Mr. Chair, I will complete some of the procedural
  matters for the witnesses and also note that the
  Kivalliq Inuit Association has advised us that this
  presentation is the same or -- as their -- the
  community presentation is the same as their technical
  presentation, and so I will file that presentation
  material as the next exhibits in this public hearing.
       EXHIBIT 8 - Hard Copy PowerPoint Presentation
       Whale Tail Expansion Project Water Licence
       Amendment Application KIA-NTI Technical
       Review of the Water Licence
       (English-Inuktitut)
  MS. MEADOWS:             If I can have the witnesses
  state and spell their name for the record, please.
  MR. MANZO:               Thank you, Mr. Chairman.  My
  name is Luis Manzo, L-U-I-S M-A-N-Z-O.
  MS. KING:                Mr. Chair, my name is Jennifer
  King.  I'm legal counsel for Kivalliq Inuit
  Association.  Oh.  King, K-I-N-G; Jennifer,
  J-E-N-N-I-F-E-R.
  MR. NESBITT:             Thank you, Mr. Chair.  My name
  is Richard Nesbitt, freshwater specialist on behalf of
  Kivalliq Inuit Association, R-I-C-H-A-R-D
  N-E-S-B-I-T-T.
  MR. SEXTON:              It's Alan Sexton, consultant
  for the Kivalliq Inuit Association.  First name's Alan,
  A-L-A-N; last name, Sexton, S-E-X-T-O-N.
  LUIS MANZO, JENNIFER KING, RICHARD NESBITT, ALAN
  SEXTON, Affirmed
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows with the Nunavut Water Board.
       Those are my procedural matters, Mr. Chair.
  THE CHAIR:               Thank you.
  Presentation by Kivalliq Inuit Association (Community
  Session)
  MR. MANZO:               Thank you, Mr. Chairman.  Luis
  Manzo, Kivalliq Inuit Association.
       KIA represent Inuit -- represent Inuit in Kivalliq
  region, administer and monitor certain provisions of
  the Nunavut Final Agreement.  KIA mission is to
  represent Inuit in a fair and democratic manner in the
  development, protection, administration, and
  advancement of the rights and benefits and to promote
  economic, social, political, and cultural well-being.
  The aim of Inuit -- Inuit-owned lands management is to
  administer IOLs so as to promote self-reliances and the
  cultural and social well-being of Inuit now and in the
  future.  Inuit-owned lands must be managed in such a
  way as to sustain and enhance the values of the land.
       The purpose of our technical review was to ensure
  the protection -- I'm sorry -- was ensure -- to ensure
  the project can operate in line with the potential
  impacts and benefits described through the concurrent
  impact assessment and to ensure Inuit Qaujimajatuqangit
  values and traditional knowledge were incorporated into
  the impact determination, mitigation, project design,
  and monitoring.
       A technical review of the water licence amendment
  application was submitted to NWB, Nunavut Water Board,
  on September 16, 2019.  Our review highlighted 21
  technical concerns, the majority of which follow
  directly from our completeness review submitted in --
  in July 2019.  We raised several concerns with respect
  to understanding potential impacts to water quality and
  quantity from expansion project.  We also raised
  several concerns pertaining to water management and
  mitigation.
       History and current status.  Agnico Eagle
  and the -- and the KIA have worked to resolve all our
  technical concerns with the project.  As of the
  technical hearings in October 2019, 9 of the 21 issues
  were resolved.
       Agnico Eagle made -- made new commitments during
  those hearings which have resolved most of our
  outstanding issues.  Additional evidence was provided
  on January 30, 2020, in response to the KIA's final
  submission.  All KIA's previous technical issues have
  been resolved, and for the record, I will go over those
  resolved issues.
       Technical Issue Number 1, mercury concentration in
  fish has been resolved.
       KIA Technical Number 5, thermal modelling of
  permafrost has been resolved.
       KIA Technical Issue Number 8, addressing a
  changing climate in project design has been resolved.
       KIA Technical Number 10, implication of rock
  fracturing on groundwater values has been resolved.
       KIA Technical Issue Number 11, alternative
  effluent discharge locations has been resolved.
       KIA Technical Issue Number 12, early warning
  trigger development has been resolved.
       KIA Technical Issue Number 13, IVR high pit walls
  as mitigation has been resolved.
       KIA Technical Issue Number 14, fate of equipment
  has been resolved.
       KIA Technical Issue Number 15, Inuit input into
  closure objectives has been resolved.
       KIA Technical Issue 17, overburden for closure has
  been resolved.
       KIA Technical Issue 19, testing of use of oil
  waste and fuel has been resolved.
       Technical Issue Number 20, conceptual fish habitat
  offsetting plan has been resolved.
       KIA Technical Issue Number 21, waste rock storage
  facility design has been resolved.
       During the final hearings, there are still
  submissions pending, and after the proponent make the
  final submission, we have some water balance -- water
  balance concerns:  KIA Technical Issue Number 4,
  uncertainty in waste rock seepage estimated; KIA
  Number 7, climate change and project timelines.  Agnico
  Eagle provided additional evidence to support the water
  balance model during the final submission.  Agnico
  Eagle has also demonstrated that Quarry 1 and
  groundwater storage pond can provide the requirement
  capacity to manage excess contact water in the first
  year of the expansion project.
       KIA Technical 2, removal of pit wall from water
  quality model predictions has been resolved.
       KIA Number 3, cryo-concentration in water quality
  model assumptions has been resolved.
       KIA Technical Number 6, climatic inputs for water
  quality model has been resolved.
       KIA Number 9, arsenic and ARD mitigation on Whale
  Tail Pit wall has been resolved.
       KIA Technical Number 18, water quality
  contingencies has been resolved.
       The recently resolved issues.  Agnico Eagle
  provide evidence to partially resolve these issues in
  response to the KIA's technical submission in September
  2019.  However, it became evident that a structured
  adaptive management approach was required based on
  uncertainties in the outputs of the water quality and
  water balance models as well as the potential for both
  arsenic and acid rock drainage.  Agnico Eagle has
  developed an adaptive management plan outlining a
  specific monitoring, management, and mitigation
  measures to resolve those issues.
       Adaptive management strategies were proposed for
  waste rock and water management, specifically:
  permafrost aggradation, surface water balance and
  active layer development, receiving environment and
  water quality, surface water quantity, underground
  water management.  The proposed measures are intended
  to minimize potential project-related environmental
  impacts and ensure the site will be able to meet its
  closure objectives.
       KIA have reviewed the final iteration of the plan
  to confirm it has been updated to incorporate KIA input
  provided in December '19 and -- and January 2020.  KIA
  are satisfied that the plan address their previous
  technical concerns.  KIA wishes to provide one
  additional technical comment on the adaptive management
  plan.
       Adaptive management plan measure for surface water
  quantity -- Table Number 4 in the adaptive management
  plan -- should be implemented prior to reaching the
  maximum operation capacity of the water storage
  infrastructure.  This concerns [sic] apply both to a
  Level 1 and a Level 2 of the surface water quantity
  adaptive management strategy.  We recommend Agnico
  Eagle begin implementing management strategies at the
  90 percent storage capacity between the noted water
  management infrastructure.
       Security and compensation.  The KIA has worked
  with Agnico Eagle and Crown-Indigenous Relations and
  Northern Affairs Canada to update the security estimate
  for Whale Tail Expansion Project.  The total security
  currently estimated by -- by KIA and the rest -- and
  the intervenors and Agnico Eagle is 50,663,508.
       Compensation.  The KIA and Agnico Eagle have
  productive discussions to determine appropriate
  compensation for changes to the water quality,
  quantity, and flow as per Article 20 in the Nunavut
  Agreement.  We are -- we bring a statement, and I will
  pass that to our legal counsel to elaborate in -- in
  that.
  MS. KING:                Mr. Chair, I'd like to
  confirm -- this is Jennifer King, legal counsel for the
  Kivalliq Inuit Association.
       The Kivalliq Inuit Association confirms that it
  has entered into an existing Whale Tail water
  compensation agreement with Agnico Eagle and that there
  is sufficient consensus on any consequential amendments
  thereto in relation to the Whale Tail Expansion Project
  that the Kivalliq Inuit Association agrees and supports
  that the Board may proceed and issue the Whale Tail
  Expansion Type "A" water licence amendment in
  accordance with Section 63(1)(a) of the Nunavut
  Water -- I've just got the -- sorry.  One second.
  Apologies, Mr. Chair -- the Nunavut Water Nunavut
  Surface Tribunal Act [sic].  Further, Kivalliq Inuit
  Association and Agnico Eagle confirm and agree that
  they will not be filing a request for the Board to make
  a determination on water compensation under Section
  63(1)(b).
  MR. MANZO:               Thank you, Mr. Chairman, and
  this is the end of my presentation.
  MR. KHARATYAN:           Thank you, Kivalliq Inuit
  Association.
       I am opening the floor for question from public
  members to Kivalliq Inuit Association and Agnico Eagle
  Mines Limited.  At any time, if there are question for
  Applicant, you can ask question to Applicant as well.
  Please, are there any question for KIA and Agnico
  Eagle?
       If there are not any questions, I will suggest to
  have a very short break, maybe ten minutes, and come
  back at the 8:30.  Thank you.  And we will start with
  the presentation by Crown-Indigenous Relation and
  Northern Affair.
  (ADJOURNMENT)
  MR. KHARATYAN:           CIRNA, please go ahead with
  your presentation.
  MR. DEWAR:               Matna, Mr. Chair.
  THE CHAIR:               Go ahead, Teresa.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       If I can have the witnesses state and spell their
  name for the record, please.
  MR. DEWAR:               Spencer Dewar, S-P-E-N-C-E-R
  D-E-W-A-R.
  MR. OKONKWO:             Godwin Okonkwo, G-O-D-W-I-N
  O-K-O-N-K-W-O.
  MR. ZHONG:               David Zhong, D-A-V-I-D
  Z-H-O-N-G.
  SPENCER DEWAR, GODWIN OKONKWO, DAVID ZHONG, Sworn
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Mr. Chair, although their microphones were off, I
  heard them -- all of the witnesses say that, "I so
  swear".
       Mr. Chair, I will be marking the PowerPoint
  presentation hard copies as -- of this presentation as
  the next two exhibits in the public hearing, being the
  English and Inuktitut versions and the French and
  Inuktitut versions of the PowerPoint presentation.  And
  those are my procedural matters, Mr. Chair.
       EXHIBIT 9 - Hard Copy PowerPoint Presentation
       Crown-Indigenous Relations and Northern
       Affairs Canada Water Licence Amendment
       Application for Agnico Eagle Ltd. (AEM),
       Whale Tail Expansion Project Nunavut Water
       Board Public Hearing, February 12 and 13,
       2020 (English/Inuktitut)
       EXHIBIT 10 - Hard Copy PowerPoint
       Presentation Crown-Indigenous Relations and
       Northern Affairs Canada Water Licence
       Amendment Application for Agnico Eagle Ltd.
       (AEM), Whale Tail Expansion Project Nunavut
       Water Board Public Hearing, February 12 and
       13, 2020 (French/Inuktitut)
  THE CHAIR:               Thank you.
       All right.  You may go ahead with your
  presentation.
  Presentation by Crown-Indigenous Relations and Northern
  Affairs Canada (Community Session)
  MR. DEWAR:               Matna, Mr. Chair.
       Good evening.  I'm Spencer Dewar, the director of
  resource management with Crown-Indigenous Relations and
  Northern Affairs Canada.  I would like to thank the
  Nunavut Water Board for the opportunity to present at
  the public hearing for Agnico Eagle's water licence
  amendment for the Whale Tail Pit Expansion Project.
       I am joined today by Godwin Okonkwo, manager of
  water resources; and David Zhong, science and
  regulatory advisor.
       On behalf of Crown-Indigenous Relations and
  Northern Affairs Canada, I would like to thank the
  hamlet of Baker Lake for hosting, the fellow
  intervenors, and the Nunavut Water Board for
  facilitating the water licence application review
  process, and I'd also like to thank Agnico Eagle for
  responding to our questions and concerns throughout
  this review.
       Here's an outline of the topics that
  Crown-Indigenous Relations and Northern Affairs Canada
  will be speaking to.  We'll provide a brief overview of
  Crown-Indigenous Relations and Northern Affairs
  Canada's responsibility with respect to the licence
  amendment application, and, as well, we'll go through
  the chronology of contributions that have been made
  during the water licencing process so far.  Then we'll
  address our concerns in the following areas around the
  following topics:  1, interflow seepage from the waste
  rock storage facility into Mammoth Lake; 2, waste rock
  storage facility design; 3, adaptive management.
       Crown-Indigenous Relations and Northern Affairs
  Canada has a broad mandate for comanagement of
  freshwater resources and the management of Crown land
  in Nunavut.  This mandate comes from the Nunavut
  Agreement and the listed acts and regulations.  We
  participate in the water licence processes administered
  by the Nunavut Water Board along with other interested
  parties providing technical advice and expertise for
  the Nunavut Water Board's consideration.  Once the
  Nunavut Water Board makes a determination, the water
  licence is provided to the Ministers of Northern
  Affairs for approval.  Further, Crown-Indigenous
  Relations and Northern Affairs Canada conducts
  inspections and enforces the terms and conditions of
  approved water licences.
       Crown-Indigenous Relations and Northern Affairs
  Canada has participated in this proposed project from
  the beginning of May 2019 from providing information
  requests on July 2019 'til the final public hearing
  this week in Baker Lake.
       Our first topic we'd like to discuss is the
  delayed waste rock storage facility interflow seepage.
  This is considered Crown-Indigenous Relations and
  Northern Affairs Canada primary concern as it
  represents long-term -- potential long-term
  environmental risk.
       Agnico Eagle's conceptual model predicted seepage
  from the waste rock storage facility in approximately
  80 years.  Our concern was that this could lead to
  elevated concentrations of arsenic into Mammoth Lake.
  Agnico Eagle recognized CIRNAC's concerns and is
  confident that their model has incorporated enough
  conservatism that when validated with field data Agnico
  Eagle will be able to demonstrate that interflow
  seepage will not likely occur, or if it was to occur,
  it would not affect water quality.
       CIRNAC's recommendations were:  1, first for a
  longer post-closure monitoring program originally
  recommending up to 25 years, or until Agnico Eagle can
  demonstrate with operational data that the long-term
  site stability can be achieved.  Agnico Eagle should
  monitor and collect field data during the mine
  operations and incorporate it into their final closure
  and reclamation plan before mine closure.
       In addition, Agnico Eagle should also conduct
  geochemical assessment of the placed waste rock storage
  facility cover prior to the final closure to confirm
  that the coverment -- the cover contains less than
  1 percent weight of waste rock types with elevated
  arsenic leeching potential.  At this time,
  Crown-Indigenous Relations and Northern Affairs Canada
  considers this comment resolved.
       Our next concern was with the waste rock storage
  facilities closure cover design and its long-term
  performance.  Our uncertainty was around the rock to be
  used for the cover and the depth -- the depth of cover.
  The rocks to be used.  Crown-Indigenous Relations and
  Northern Affairs Canada's concern was that there was
  little margin of error, and the rock had to contain
  less than 1 percent weight of waste rock with elevated
  arsenic leeching potential.  Agnico Eagle has developed
  a waste rock management plan aimed at achieving this
  objective.
       In regards to the depth of cover, Crown-Indigenous
  Relations and Northern Affair Canada's concern was that
  the cover should effectively shield the active layer.
  Agnico Eagle has put forward a 4.7 metre cover, which
  is above the predictions for the current climate change
  scenario.
       We recommend that the current waste rock storage
  facility cover's design be approved on the
  understanding that all monitoring data generated prior
  to the full closure of the site will be used to inform
  the final waste rock storage facility cover designs.
  Additional thermal monitoring and seepage modelling
  should be performed prior to the finalizing cover
  designs to ensure adequacy of the cover.
       In addition, the geochemical assessments of the
  placed waste rock storage facility covers be
  required -- a requirement of the currently proposed
  licenced amendments.  The scope of the assessment
  should be developed to ensure the program is
  statistically representative of field conditions, by
  example, sampling of frequency, depth, distribution,
  test protocols, et cetera.  At this time,
  Crown-Indigenous Relations and Northern Affairs Canada
  considers this comment resolved.
       The next topic is adaptive management.  Adaptive
  management was a proposed solution for many scenarios,
  but it was not collectively understood by all
  stakeholders.  We want to thank Agnico Eagle for
  working with Crown-Indigenous Relations and Northern
  Affairs Canada, the Kivalliq Inuit Association,
  Environment and Climate Change Canada to develop and
  clarify adaptive management for this project.  The
  proposed adaptive management plan for this project
  provides thresholds, triggers, and actions to address
  issues that go beyond monitoring.  This document goes a
  long way to satisfy uncertainty and provides Agnico
  Eagle flexibility in operations.  Crown-Indigenous
  Relations and Northern Affairs Canada recommends that
  this plan be incorporated into all aspects of Agnico
  Eagle's operations and that adaptive management be
  approved insofar as adaptive management activity does
  not include significant modifications or other -- or --
  or require other regulatory approvals under the Nunavut
  Planning and Project Assessment Act or the Nunavut
  Waters and Nunavut Rights Surface Tribunal Act.
  Crown-Indigenous Relations and Northern Affairs Canada
  considers this comment resolved.
       So I would just like to point out that
  Crown-Indigenous Relations and Northern Affairs Canada
  has worked with Agnico Eagle and the Kivalliq Inuit
  Association on a new security estimate, and we're in
  agreement that the estimate of security to be held for
  this project would be $50,663,508, and it's the
  intention that this would be held under a security
  management arrangement held 50 percent by the Kivalliq
  Inuit Association and 50 percent by Crown-Indigenous
  Relations and Northern Affairs Canada.
       In conclusion, we will continue to work through
  the water licence application review process with the
  aim of protecting Nunavut's inland water resources
  while promoting sustainable development.  Matna.
  (OTHER LANGUAGE SPOKEN).  Thank you.  Merci.
  MR. KHARATYAN:           Thank you, CIRNAC.
       Are there any questions from community members to
  CIRNAC or Agnico Eagle?
       I will now invite Environment and Climate Change
  Canada to make their presentation.
       Thank you, CIRNAC.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       If I can have the witness state and spell your
  name for the record, please.
  MS. WILSON:              Thank you.  Anne Wilson,
  A-N-N-E W-I-L-S-O-N.
       And do you want Eva to do so as well?  She's on
  the phone but won't necessarily be speaking.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       If Ms. Walker will be speaking, perhaps answering
  questions, or that sort of thing, perhaps we can get
  her to affirm while she's on the phone.  And,
  Ms. Wilson, do you need to be sworn or affirmed?
  ANNE WILSON, Sworn
  EVA WALKER, Affirmed Via Teleconference
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Mr. Chair, I have presentation materials from
  Environment and Climate Change Canada in English and
  Inuktitut and also a version in French and Inuktitut,
  and I will be filing those as the next two exhibits in
  this public hearing.  Thank you, Mr. Chair.  Those are
  my procedural matters.
       EXHIBIT 11 - Hard Copy PowerPoint
       Presentation Whale Tail Pit Expansion Project
       Presentation to the Nunavut Water Board by
       Environment and Climate Change Canada
       (Community Session) (English/Inuktitut)
  THE CHAIR:               Thank you.
       So go ahead, Anne.
  Presentation by Environment and Climate Change Canada
  (Community Session)
  MS. WILSON:              Thank you.  It's Anne Wilson
  with ECCC.
       Good evening, Mr. Chair, Board members, Elders,
  and other community members, Board staff, and parties
  that have joined us here today.  My name is Anne
  Wilson, and I work as a water quality analyst with
  Environment and Climate Change Canada.  On the phone, I
  also have Eva Walker, who is an environmental
  assessment coordinator.
       In this presentation, we will briefly summarize
  the department's final written submission, along with
  any relevant discussions with the proponent since the
  submission was provided to the Nunavut Water Board
  on -- materials on December 20th, 2019.
       On the second slide, to start off with, I'll go
  through ECCC's mandate and then briefly touch upon the
  relevant acts and legislation.
       For each topic, atmospheric, terrestrial, and
  aquatic environments, we will have a slide on the
  status of each of the department's concerns from the
  technical review submission with outstanding concerns
  and associated recommendations outlined in our final
  written submission which you can reference for the
  details.
       Under the Department of the Environment Act, the
  powers, duties, and functions of the Minister of
  Environment and Climate Change extend to such matters
  as the preservation and enhancement of the quality of
  the natural environment, including water, air, and soil
  quality, and the coordination of the relevant policies
  and programs of the Government of Canada for renewable
  resources, including migratory birds and other
  nondomestic flora and fauna, for meteorology, and the
  enforcement of rules and regulations.
       There are a number of relevant acts and
  regulations that govern our mandate.  These include the
  Department of the Environment Act, the Canadian
  Environmental Protection Act, the pollution prevention
  provisions of the Fisheries Act, the Migratory Birds
  Convention Act, and the Species at Risk Act.
       Environment and Climate Change Canada has
  participated in the review, and prior to the technical
  sessions had identified a number of technical concerns.
  These have substantially been resolved in the responses
  from the proponent as well as subsequent discussions,
  so I won't actually read through all of these in the
  interests of time here.
       We developed our final comments to submit with our
  intervention for this process on December 20th, 2019.
  We received additional information and documents from
  Agnico Eagle related to the technical meeting
  commitment list, and given the short time to review
  those items, we have included our comments on them in
  our technical intervention.  And I'm not going to go
  through every detail of those in the community
  presentation, but if anyone wants further information,
  it is in our technical submission, or I'm happy to
  answer any questions on it.
       Okay.  Now I'm going to give you the Reader's
  Digest version of our concerns raised and what is still
  up for discussion here.
       So Environment and Climate Change Canada and
  Agnico Eagle have been working through the technical
  issues that have been identified by ECCC.  Our final
  comments FC1 to FC11 related specifically to the
  interim closure and reclamation plan.  FC1 specifically
  discussed setting the closure objectives for water
  quality so that the pits can be reconnected to surface
  waters and will be acceptable for aquatic life.  We
  have clarified the path for water quality objectives
  and reached agreement on that.  The other aspects
  raised in respect of the interim closure and
  reclamation plan have substantially been resolved with
  only one area partly outstanding, and that is the
  wording for the closure monitoring period of three
  years.  The rest of the final comments are fully
  resolved up to Final Comment 14.
       Final Comment 12 was addressed by the response on
  the technical memorandum on wet-year scenarios and
  having enough capacity for water management in wet
  years.
       Final Comment 13 related to the technical
  memorandum mixing zone boundaries in Mammoth Lake and
  Whale Tail Lake, and that has been resolved.
       Number 14 related to the licence term for the
  Whale Tail expansion licence.  That was satisfactorily
  answered.
       And our remaining items fall under the Technical
  Comment 15, which was our review of the draft water
  licence.  We have some questions still on the
  regulation of TDS at Meadowbank that warrant further
  consideration, also on the approval of plans as
  proposed in the draft water licence frameworks for both
  the Whale Tail and the Meadowbank licences and some
  concern with the extension of the Meadowbank licence
  term to 2023.  I think we'll just have to leave it that
  those will be issues for the Nunavut Water Board to
  decide.
       That brings me to the end of this presentation.
  Thank you.  And if there are any questions, I would be
  happy to try and answer them.
  MR. KHARATYAN:           Thank you, ECCC.
       Are there any question from community members to
  ECCC or Agnico Eagle?
       Thank you, ECCC.
       I am going to invite Fisheries and Oceans Canada
  to take their seats and make their presentation,
  please.
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       If I can have the witnesses state and spell their
  name for the record, please.
  MR. BEATTIE:             Thank you, Mr. Chair.
       My name is Alasdair Beattie, A-L-A-S-D -- as in
  "David" -- A-I-R, Beattie, 'B' as in "Bob" --
  E-A-T-T-I-E.
  MS. RATAJCZYK:           Edyta, E-D-Y-T-A, Ratajczyk
  R-A-T-A-J-C-Z-Y-K.
  MR. AUDET-LECOUFFE:      José Audet-Lecouffe, J-O-S-E
  A-U-D-E-T dash L-E-C-O-U-F-F-E.  Thank you.
  ALASDAIR BEATTIE, EDYTA RATAJCZYK, JOSE AUDET-LECOUFFE,
  Affirmed
  MS. MEADOWS:             Thank you.  Teresa Meadows,
  legal counsel for the Nunavut Water Board.
       Mr. Chair, it's my understanding that the
  presentation that Fisheries and Oceans Canada intends
  to present during this community session has been
  received by the Board in electronic form, and the
  manager of licencing has circulated it on the public
  registry, and the Board will be receiving that and
  marking that as the next exhibit in this public
  hearing.
       And, Mr. Chair, I wish to correct the filing by
  Environment and Climate Change Canada.  I misspoke and
  said that there was a second presentation that involved
  a translation into French, and there's actually only
  one hard copy presentation material of Environment and
  Climate Change Canada's community presentation that was
  English and Inuktitut on the same presentation.  So a
  correction there.  There was only one exhibit filed by
  Environment and Climate Change Canada.
       So, Mr. Chair, with that, those are my procedural
  matters.
       EXHIBIT 12 - Electronic Copy Only PowerPoint
       Presentation DFO's Fish and Fish Habitat
       Protection Program Community Meeting Baker
       Lake, NU - February 2020 (English)
  THE CHAIR:               Thank you.
       Go ahead, DFO.
  Presentation by Fisheries and Oceans Canada (Community
  Session)
  MR. BEATTIE:             Thank you, Mr. Chair.
       Again, this is DFO, and we're with DFO's Fish and
  Fish Habitat Protection Program.  I'd like to thank you
  for hosting us here tonight in the community of Baker
  Lake.
       Quick overview of what we'll be talking about.
  We'll go a little bit into DFO's mandate and
  legislation, DFO's role in the -- in the Nunavut Water
  Board process, and the overview of the findings and
  leave room for questions should anyone have some.
       We have a brand-new amended Fisheries Act that
  came into force just last summer in August of 2019.  It
  restored some of the lost provisions of the fish
  protection and fish habitat protection provisions
  that -- in the old act that had changed in 2012, I
  believe.  And it also brought in to being the brand-new
  program called the "Fish and Fish Habitat Protection
  Program", whose mandate is to conserve and to protect
  fish and fish habitat in -- in Canadian fish-bearing
  waters.
       Just because there's often some confusion, when
  DFO -- and under the Act, fish is -- is not simply just
  the fish that we see swimming around there like this
  beautiful sculpin up here, but it's also other kinds of
  fish and marine invertebrates like clams and marine
  mammals like whales.  And habitat is -- is a very broad
  thing.  It's not just the water that fish live in, but
  everything that fish need to survive and -- and carry
  out their life processes, spawning, breeding, feeding,
  eating, living.  Thank you.
       Two of the key provisions of the -- the Fisheries
  Act that were restored were -- were the -- the -- the
  prohibitions against the death of fish or causing the
  death of fish by means any other than fishing and also
  prevention of the harmful alteration, disruption, or
  destruction of fish habitat.  We also call that a
  "HADD" for short.  I know that Mr. Chair had asked us
  not to use too many acronyms, but the "HADD" is a
  pretty nice way to talk about that in the future
  "harmful alteration, disruption, or destruction" is a
  pretty big mouthful.  It also allows the Minister of
  DFO at the time to allow to -- for those impacts to
  actually be authorized should they be considered
  justified or necessary.  And we can also make some
  amendments to those authorizations now under the Act,
  which was something we couldn't do before.
       Our key roles in the fish habitat protection
  program are to -- it's a regulatory role in a lot of
  ways.  We act as regulatory officers, so we do a lot of
  project review proposals, especially in the Northwest
  Territories and Nunavut, which my office is responsible
  for and my team.  We review the project proposals for
  the potential to impact fish and fish habitat, and if
  we find that they do, we ask them to -- we will
  authorize those if it's considered justified and in
  agreement with the overseeing boards.  And then we also
  ask for what we call an "offsetting plan" and
  monitoring reports.  The offsetting plan is a way that
  we ask for any harmful -- any of the HADDs, the harmful
  alteration or destruction or disruption -- or
  disruption of fish habitat to be replaced in some
  fashion, preferably like for like.  So if you harm a
  section of the river that's got some particular
  spawning area in it, we would ask, for instance, for
  that spawning area to be rehabilitated and more
  spawning area to be created as well within that lake.
       We also have continuously engaged with proponents
  and consult with Indigenous communities.  We provide
  proponents with Fisheries Act authorizations as we
  already said.  And we will intervene when conditions of
  those authorizations aren't met.  There are -- we also
  have a -- an -- enforcement clauses that we can use.
       Within the Nunavut Water Board process, we do take
  part in the hearings and the discussions that -- that
  are part of the Water Board process, and from time to
  time we'll provide expert advice to the Boards in the
  form of written submissions, and -- or if they ask us
  to provide advice on a particular topic, we may also
  make recommendations to the Board, the information that
  we think the Board may need or potentially conditions
  for the water licence that we think may be important.
       For this particular review of the Whale Tail
  expansion, we've -- we're going to focus for this
  presentation on the following three areas:  One was
  fish passage, which was related to the impacts of the
  road widening -- the haul road widening for -- for
  water crossings along that road.  The second one would
  be water use, and that's how much water is used from
  the lakes and -- and the source lakes for the mine
  operation and closure.  And then the downstream
  environment as well, so trying to account for
  changes -- potentially changes to fish habitat and
  downstream environments.
       Fish passage.  The mine's haul road is -- is one
  that may impact stream crossings at -- fish passage at
  some stream crossings, and that can be maintained,
  however, with proper construction methods.  Agnico has
  provided -- the proponent has provided DFO with the
  information about their crossings, and at this point I
  would say that DFO has no further concerns, but we will
  be working -- continue to work with the -- the
  proponent to ensure that all watercourse crossings in
  the future will allow for proper fish passage.
       Water use.  It's pretty well understood that
  taking too much water from lakes and streams,
  especially in winter, can harm or kill fish.  Taking
  water, however, can be done safely following guidance,
  and DFO has provided some advice to the Board and the
  proponent as on how to be as safe as possible when
  taking water in winter from lakes under ice and from
  streams under ice, including monitoring to make sure
  everything is done -- everything is working and is
  working how it's expected to.
       Agnico has provided DFO with additional
  information since some of our technical comments were
  provided, and DFO will continue to discuss this with
  the proponent regarding fish habitats and data
  requirements in the future, but at this time DFO has no
  further concerns.
       The downstream environment is one that -- is
  something that is often overlooked; however, we think
  it's important to measure changes in water levels to
  downstream water bodies from the mine to determine that
  the potential impacts to fish and fish habitat are --
  are as predicted by the modelling work that the
  proponent has done, and we think that monitoring can
  help determine if these changes to the downstream
  environments are -- the predicted changes are correct.
       And that's it.  Thank you.  Matna.
  MR. KHARATYAN:           Thank you, DFO.
       Are there any questions from community members to
  DFO or Agnico Eagle?
       Thank you, DFO.
       This takes us to the end of our -- tonight's
  community session; however, looking at the time, we
  still have time to continue maybe technical session.  I
  am suggesting to have five, ten minutes' break, and we
  can continue with Agnico Eagle presentation --
  technical session presentation.  Thank you.
  (ADJOURNMENT)
  THE CHAIR:               We might as well start again.
  Get back to the seat, please.
       Okay.  Thank you.  Thank you again.  So we might
  as well start again with the presentation from
  Applicant before supper.
       So you may go ahead with your -- reconvene from
  your -- from your presentation this -- late this
  afternoon.
  Presentation by Agnico Eagle Mines Limited
  MR. GROLEAU:             Thank you, Mr. Chair.  Michel
  Groleau from Agnico Eagle.
       So we'll restart the presentation at where we were
  this afternoon.  We were at the section on the waste
  disposal and management.  The Whale Tail Expansion
  Project waste management consists of storage of waste
  rock in existing Whale Tail and a new IVR and waste
  rock storage facility; the storage of overburden
  material within the waste rock storage facility; the
  operation of the landfill, the new incinerator,
  composter, and land farm; and the disposal of hazardous
  material in approved off-site facilities.
       Just as a reminder, we do not have a tailings
  storage facility at the Whale Tail site.  The ore is
  processed at the Meadowbank site and tailing produced
  will be store at this location.
       So through the public consultation meeting -- we
  just went through that slide, so I will go briefly.  So
  waste rock management are consistent between the
  approved and expansion project.  So as I was
  mentioning, we got around 167.8 million tons of waste
  rock, more than 40,000 sample per year to do the
  segregation to make sure that the thermal cover that
  will be built on the waste rock pile is -- is meeting
  the criteria, and no additional acid rock drainage and
  metal leeching will come from that thermal cover and
  will meet water quality objective.  And the underground
  waste rock which would be -- we store at the surface
  will be return in the underground mine as backfill
  material, so with rock fill and cemented rock fill, for
  stability purposes of the underground mine.
       So we did issue a final design of the Whale Tail
  and IVR waste rock storage facility as part of this
  application.  This was based on an iterative process
  from conceptual to detail engineering.  This include
  numerous modelling such as a numerical thermal air
  hydrogeologic modelling, many sensitivity analysis on
  the geochemical properties of the cover, the grade
  size, the slope aspect, the bench height, the
  climate -- we use different climate scenarios based on
  the recommendation from the parties.  We look at --
  also at the geotechnical stability and the erosion
  potential of our waste rock pile and to the surface
  water management through different modelling and
  design, so which bring us having a pile that have been
  design at a final level of engineering, and we submit
  that detail design as part of the submission -- as part
  of our final written submission.
       So this slide is presenting the thermal model.  So
  it's -- we can see different waste rock that are placed
  during winter and summer.  So we took all that into --
  into consideration into the design of our waste rock
  pile.
       The monitoring is also a big part of the -- of the
  waste rock management practices.  So on one side, we
  got the operational acid rock drainage and metal
  leeching sampling plan and the waste rock storage
  facility monitoring plan.  These two plan have been
  designed to comprehensively capture the geochemical and
  physical characteristic of the rock material and
  freeze-back progression.
       So the metal leeching and acid rock drainage
  sampling during operation for this project is industry
  leading with this 40,000 drill cutting sample per year.
  This will answer that the thermal cover perform as
  design and is protective of Nunavut land and water.
       Direct measurements in the waste rock storage
  facility will constrain and confirm the variability
  already assess by sensitivity modelling within the
  numerical modelling estimate.  To our knowledge, the
  Whale Tail and IVR waste rock storage facilities are
  the most intensely instrumented in the Nunavut and will
  not only provide a basis to ensure they are -- they are
  performing within design expectation, provide
  monitoring redundancy, and will also provide valuable
  knowledge for future waste rock storage facility design
  at other location in Nunavut.
       So the next couple of slide discuss of adaptive
  management.  The adaptive management requires -- sorry.
  The adaptive management plan is specific potential
  adaptive management actions and potential facility
  waste water management changes that have been
  collaboratively developed, reviewed, and discussed with
  intervenors.  As with other action described in
  approved plan, should the threshold specified in the
  adaptive management plan be triggered, Agnico Eagle
  will be permitted to proceed with this action without
  amendment or modification to the water licence upon
  notice of the Board.
       For clarity, we would consider every action
  describe in the adaptive management plan as included in
  the scope of the water licence.  This allow flexibility
  within our footprint to implement change to protect
  Nunavut lands and water and provide certainty to
  regulators, agencies, and to the Board.
       So this is an example of the table included in the
  adaptive management plan that set up adaptive
  management action -- so we got those on the right -- to
  be implemented depending on the level identify.  So we
  got the level on the left with the different threshold.
  So this table is for the receiver water quality
  adaptive management strategy.
       Generally, the proposed actions start with
  administrative control and, if needed, engineering
  controls.  It is a hierarchy, a process.  First, we
  need to understand why, and then we can implement
  processes that best address any issues identify.
       We want to thank the Kivalliq Inuit Association,
  Crown-Indigenous and Relations Northern Affair Canada
  [sic], Environment and Climate Change Canada, and the
  Nunavut Water Board in the discussion to achieve this
  plan.  We believe this is the first time a proponent
  have been able to achieve a detail adaptive management
  plan at the licencing phase, and we are pleased with
  the high level of consensus we achieve on this plan.
       So I'll pass the microphone to my colleague Jamie
  Quesnel to continue the presentation.
  MR. QUESNEL:             Thank you, Michel.  Thank you,
  Mr. Chair.  Jamie Quesnel, Agnico Eagle.
       I'll just go quickly through the closure,
  reclamation, and security slides.
       So as we discussed just earlier, the approved
  Whale Tail Project for the Water Licence A, we have an
  existing letter of credit that is split 50 percent
  between Kivalliq Inuit Association and Crown-Indigenous
  Relations and Northern Affairs for $26,286,000.  Now,
  with the expansion project, we have agreement on the
  security for the Water Licence A for $50,663,508, and
  related to the changes in the Type "B" licence that we
  referenced earlier, the security would be $1,200,650.
  And based on the 50 percent split between Kivalliq
  Inuit Association and Crown-Indigenous Relations
  Northern Affairs, that's all part of the security
  management agreement.
       Closure and reclamation.  We have the updates for
  the interim closure and reclamation plan.  The final
  closure and reclamation plan, as was mentioned earlier,
  would be defined one year prior to closure of the
  operation.  This would include water quality and
  reconnection of the flooded pit lake, as Michel
  referenced earlier in the presentation.
       In addition, we would have site-specific water
  quality objectives as part of that final plan and also
  the adaptive management plan for closure, which has
  been discussed with a few of the intervenors.
       And also I just wanted to elaborate on the
  security dealing with a lot of the monitoring.  We have
  18 years of monitoring during the closure window, which
  is part of the re-flood sequence to develop the pit
  lake and also part of the agreed security that I just
  mentioned for the Licence A includes three years of
  post-closure monitoring, and that is defined once the
  water quality meets the objectives during the closure
  window and we reconnect the regional watershed to the
  pit lake.  At that time, when the dikes are breached,
  the reconnection does occur, that is classified as
  "post-closure".
       Water compensation.  As heard earlier today and
  confirmed by the Kivalliq Inuit Association, Agnico
  Eagle and the Kivalliq Inuit Association has entered
  into a compensation agreement for the Whale Tail
  Expansion Project, and that's -- that's about all we
  have to say regarding -- regarding the water
  compensation.
       And I'll pass it back to Michel.  Thank you.
  MR. GROLEAU:             Thank you, Mr. Chair.  I'm
  Michel Groleau, Agnico Eagle.
       So we'll get to the section on the revision to
  management and monitoring plan.
       So this slide present a new plan created to
  address expansion project activities.  Mentioned that
  earlier.  So we got the adaptive management plan,
  conceptual Whale Tail Pit expansion offsetting plan,
  the land farm design and management plan, and the
  incinerator and composter waste management plan.
       That slide present the lists of management plan
  we'll -- we're planning to update following the
  issuance of the amended water licence, so waste rock
  management plan, water management plan, the interim
  closure and reclamation plan, spill contingency plan,
  hazardous material management plan, and the emergency
  response plan.
       Next slide is related to the overview of the
  proposed licence amendment.  The suggested amendment
  licence submitted to the Nunavut Water Board was
  completed on December 20, 2019.  Recommendation was
  received by the intervenor on January 23rd.  A revised
  draft amended licence was submitted to the Nunavut
  Water Board on January 30 taking in account the final
  written submission of the parties.  In the interest of
  time, Agnico Eagle will not go through the detail of
  the licence but encourage the Board to look at it
  closely.  Agnico Eagle recommend its draft to the
  Boards for approval.
       Next slide's presenting the site preparation.  As
  part of the draft water licence, there are certain
  facilities and site preparation activities that Agnico
  Eagle wishes to commence with immediately upon the
  issuance of the amended water licence such as the
  mining of the IVR Pit and the construction of the IVR
  waste rock storage facility.  Agnico Eagle issued a
  memo as part of the technical comment responses which
  was listing the water infrastructure required --
  requiring a faster approval to 20-day notice approval.
  These infrastructure consists of water collection
  system, lake dewatering access and conveyance system,
  effluent discharge, dikes, and pad extension.  Agnico
  Eagle suggests a 20-day notice for these facilities as
  approved -- as proposed in the draft water licence.
       So this is the final section of the presentation
  related to the response to final written submission.
  This slide present a summary of Nunavut Water Board
  water licence amendment status, and the additional
  meeting were facilitated with each intervenor to
  collectively review the technical comments submitted.
  The objective was to validate our understanding of the
  requests, review Agnico Eagle position and intent to
  respond, and have an open discussion with the parties.
       As such, meeting were held in September with
  Environment and Climate Change Canada, the Kivalliq
  Inuit Association, Crown-Indigenous Relation and
  Northern Affairs Canada, and the Department of
  Fisheries and Oceans Canada.  We continue to have those
  meeting from November to February to resolve the
  outstanding items for this amendment of the water
  licence.
       As part of the Nunavut Water Board review process,
  we have received 75 information requests, 37 technical
  comments from Environment and Climate Change Canada,
  Crown-Indigenous Relation Northern Affair Canada, the
  Kivalliq Inuit Association, and the Department of
  Fisheries and Ocean Canada.
       As part of the Nunavut Water Board review process,
  we have received 31 final written submission comments
  from the parties.  Agnico Eagle has made commitments
  related to the updating -- related to updating the
  interim closure reclamation plan and to update the
  adaptive management plan that will be part of the final
  closure and reclamation plan.  We believe this resolve
  Environment Climate Change Canada's recommendations.
       We have reached agreement with Crown-Indigenous
  Relations Northern Affair Canada, the Kivalliq Inuit
  Association, and Environment Climate Change Canada on
  the duration of the three-year post-closure monitoring
  period based on the extensive monitoring effort
  implemented during the 18 years of the closure phase.
       Agnico Eagle receive three final written
  submission from Fisheries and Ocean Canada which
  discuss impact to water crossing of the widening of the
  Whale Tail road, water use, and downstream impacts on
  fish and fish habitat at closure.  Overall, there is no
  potential for harmful alteration, disruption, or
  destruction to fish and fish habitat related to the
  widening of the haul road, the water use, and the
  downstream impact.  Nonetheless, Agnico Eagle has
  committed to complete water level monitoring at closure
  in the downstream lakes to validate predictions.  Based
  on this, Agnico Eagle understand that we have resolved
  all items.
       We would like to thank each of the parties for
  their comments, recommendation, and involvement on the
  review of this file.  All this make the project better.
  Thank you.  Matna.
  THE CHAIR:               Thank you, Applicant, for your
  presentation.
       We are done for now, but questioning will be
  happening first thing in the morning.  Yeah.
  Questioning will start first thing in the morning at
  8:30.  8:30.  We'll come back here before 8:30.  We
  will reconvene at 8:30 in the morning, and the
  questioning will take place.  Kivalliq Inuit
  Association will be the first to ask questions.
       All right.  Okay.  Thank you.  Have a good night.
  _______________________________________________________
  PROCEEDINGS ADJOURNED UNTIL 8:30 AM, FEBRUARY 14, 2020
  _______________________________________________________

  

  

  

  

  

  
  CERTIFICATE OF TRANSCRIPT:
  
       I, Christy Longacre, certify that the foregoing
  pages are a complete and accurate transcript of the
  proceedings, taken down by me in shorthand and
  transcribed from my shorthand notes to the best of my
  skill and ability.
       Dated at the City of Calgary, Province of Alberta,
  this 23rd day of February 2020.

  
  ________________________________
  Christy Longacre, RPR, CSR(A)
  Official Court Reporter