2012 Update on Obtaining Approval to Conduct Marine Seismic Exploration Offshore Nunavut (Canadian Eastern Arctic)

摘要

The regulatory regime for seismic operations in the Canadian Eastern Arctic continues to evolve and some significant recent developments are described in this paper as it impacts one proposed project. In contrast to the Greenland waters of Baffin Bay, the marine space under Canadian jurisdiction is relatively unexplored with very little modern exploration 2D. In 2008 Canada authorized 8200 linear kilometres of 2D marine seismic data covering offshore areas within Baffin Bay, however, only 20% of the anticipated data was collected due to a late season start. An important factor contributing to the reduction in exploration effort after 2008 was the difficulty in importing the selected foreign flagged seismic vessels despite the presence and availability of these vessels in the neighbouring water’s of Greenland. The recent (July 2012) amendment to the Coasting Trade Act removed an impediment to smooth entry into the Canadian offshore seismic market of a worldwide fleet of seismic vessels. This step was definite progress, which ensured a broader range of options to collecting data with commercially and technically appropriate survey vessels. Many additional steps remained. The permitting process in 2008 followed a series of prescribed procedures mirroring and consistent with those processes historically encountered elsewhere in the Canadian offshore. A step change in public awareness and public concern about seismic exploration, and of oil and gas exploration in general, is evident in the permitting process. This seemed to coincide with successful efforts to prevent seismic research surveys in Lancaster Sound and the global awareness and concerns for spills which followed the Macondo disaster. Heightened public interest and concerns resulted in the National Energy Board (NEB) taking the step to authorize a board member to prepare a report and make recommendations to the NEB on the project application under Section 15 of the National Energy Board Act. Pursuant to section 18(3) of the CEA Act, the NEB determined that public participation is appropriate in the circumstances of the 2013 project. The project team engaged specialists with expertise in aboriginal engagement to facilitate meaningful consultations with select communities. Meaningful consultation involves two-way dialogue. It is a shared learning process that builds positive working relationships — the community learns about the project, and the proponent learns about the communities. Furthermore, Inuit consultation is necessary in keeping with federally and territorially recognized Rights. In addition further attention was brought to the benefits plan which described how local companies and people will be involved in the project and in post survey reporting. Traditional knowledge can be an important factor in the successful implementation of the project by building trust through the involvement of Inuit skills and knowledge. Training initiatives were also planned and delivered. Contained in the passing of Bill C-38 the Canadian Environmental Assessment Act (CEAA) was repealed and replaced by a new the CEA Act 2012. Seismic Screening EIAs are still required to be completed and filed with the NEB but without the requirement of project descriptions and scoping documents inherent in the former CEAA process.