Vol. 151, No. 14 — July 12, 2017

Registration

SOR/2017-129 June 20, 2017

FISHERIES ACT

Regulations Amending the Metal Mining Effluent Regulations

P.C. 2017-781 June 20, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 36(5) of the Fisheries Act (see footnote a), makes the annexed Regulations Amending the Metal Mining Effluent Regulations.

Regulations Amending the Metal Mining Effluent Regulations

Amendment

1 Schedule 2 to the Metal Mining Effluent Regulations (see footnote 1) is amended by adding the following after item 29:

Item

Column 1

Water or Place

Column 2

Description

30

An unnamed watercourse that is a tributary to Lake Jean, located approximately 25 km southeast of Chibougamau, Quebec

The unnamed watercourse that is a tributary to Lake Jean, located approximately 25 km southeast of the town of Chibougamau, Quebec, beginning at the unnamed pond located at 49°47′58″ north latitude and 74°01′38″ west longitude and extending northwards and downstream for a distance of 6.4 km to the centre of the dam constructed at 49°49′29″ north latitude and 74°03′07″ west longitude.

31

A portion of an unnamed watercourse that is a tributary to the watercourse referred to in item 30

A portion of an unnamed watercourse beginning at that watercourse’s point of confluence with the watercourse referred to in item 30, which confluence is located at 49°47′57″ north latitude and 74°03′25″ west longitude, and extending for a distance of 1 km northwards and upstream from that point.

32

A portion of an unnamed watercourse that is a tributary to the watercourse referred to in item 30

A portion of an unnamed watercourse beginning at a point located at 49°48′06″ north latitude and 74°03’41″ west longitude and extending for a distance of 740 m northwards and downstream from that point to the point of confluence with the watercourse referred to in item 30, which confluence is located at 49°48′25″ north latitude and 74°03′25″ west longitude.

33

An unnamed pond east of Lake Bernadette, Quebec, and a portion of its outlet

An unnamed pond located at 49°48′43″ north latitude and 74°04′01″ west longitude and a portion of its outlet extending from the mouth of the outlet located at 49°48′47″ north latitude and 74°03′59″ west longitude for a distance of 190 m northwards and downstream from that mouth.

Coming into Force

2 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

BlackRock Metals Inc. (BRM) is developing the BlackRock Mining Project, an open pit iron, titanium, and vanadium mine located approximately 30 kilometres (km) southeast of the town of Chibougamau, Quebec, on territory covered by the James Bay and Northern Quebec Agreement (JBNQA). The Project includes an open-pit mine, an ore processing plant, mine waste disposal areas, and a 26.6 km rail line that will link the mine site to the existing southern Canadian National (CN) rail line connecting to Chibougamau.

The mine waste disposal areas include a waste rock disposal area, fine and coarse tailings disposal areas, a polishing pond, and a treatment and monitoring pond. These proposed disposal areas will destroy four water bodies frequented by fish (as described in the “Amendments” section) resulting in the loss of 11.7 hectares (ha) of fish habitat. The disposal of mine waste in these fish-frequented water bodies is currently prohibited under the Fisheries Act. Mine waste disposal in these water bodies can only proceed if they are added to Schedule 2 (see footnote 2) of the Metal Mining Effluent Regulations (MMER or the Regulations).

The BlackRock Mining Project, including the mine waste disposal area, was the subject of a Transitional Comprehensive Study, a type of Environmental Assessment conducted by the Canadian Environmental Assessment Agency (the Agency). Following the completion of the federal Environmental Assessment (federal EA), the Minister of the Environment announced that, taking into account the implementation of the identified mitigation measures and follow-up program, the Project is not likely to cause significant adverse environmental effects. (see footnote 3)

Background

The Metal Mining Effluent Regulations

The Fisheries Act prohibits the deposit of deleterious substances in water frequented by fish. The MMER, which came into force on December 6, 2002, prescribe the maximum authorized limits for deleterious substances in mine effluent in Schedule 4 (e.g. copper, cyanide, and total suspended solids), and require that mine effluent not be acutely lethal to fish. (see footnote 4) The MMER further stipulate that companies must sample and monitor effluents to ensure compliance with the authorized limits and to determine any impact on fish, fish habitat, and fishery resources. The Department of the Environment publishes annual performance summaries of metal mines with respect to selected standards prescribed by the MMER.

The use of a fish-frequented water body for mine waste disposal may only be authorized through an amendment to the MMER, adding the water body to Schedule 2 of the Regulations. As of April 2017, there were 27 water bodies listed in Schedule 2.

When a fish-frequented water body has been listed in Schedule 2, section 27.1 of the MMER requires the development and implementation of a fish habitat compensation plan (see footnote 5) to offset the loss of fish habitat that would occur as a result of the use of fish-frequented waterbodies for mine waste disposal. Mine owners or operators are also required to submit a letter of credit ensuring that funds are in place should the owner or operator fail to address all elements of the fish habitat compensation plan.

The BlackRock Mining Project

The BlackRock mine is forecast to have an annual production capacity of 12.4 million tonnes of ore and 3 million tonnes of iron and vanadium concentrate over a projected life of 14 years. BRM plans to begin construction of the mine in 2017.

The BlackRock Mining Project will contribute to the local and regional economy of Chibougamau by employing approximately 260 workers in the following departments: Mine, Concentrator, Maintenance, Engineering, Administration, Human Resources, and Environment. (see footnote 6) The BlackRock Mining Project involves a total investment of approximately $600 million. (see footnote 7)

The BlackRock Mining Project will have a waste rock disposal area east of the open pit, a coarse tailings disposal area west of the open pit, and a fine tailings disposal area located between the open pit and the coarse tailings disposal area. Owing to the topography of the site, the waste rock disposal area will drain in the direction of the fine tailings disposal area. Drainage from the coarse tailings disposal area will be directed to the polishing pond located at the northern end of the treatment and measuring pond, which would flow into Lake Jean. (see footnote 8) The effluent discharged at this outlet will be required to comply with MMER effluent requirements (i.e. maximum concentrations of deleterious substances).

Figure 1. BlackRock Mining Project

Map - Detailed information can be found in the surrounding text.

The BlackRock Mining Project management of mine waste

The BlackRock Mining Project (see footnote 9) will include a waste rock disposal area with a capacity of 75.4 million cubic metres (Mm3), a fine tailings disposal area with a capacity of 28.8 Mm3, and a coarse tailings disposal area with a capacity of 42 Mm3. The open pit will be approximately 2.8 km long with an estimated average width of 400 metres (m). The BlackRock Mining Project will also include a polishing pond, and a treatment and measuring pond. The ore processing plant will be located directly to the south of the open pit.

These proposed mine waste disposal areas will destroy four water bodies, including several streams and ponds, that are frequented by fish. These water bodies must be added to Schedule 2 of the MMER in order to be used for the disposal of mine waste.

The water bodies being added to Schedule 2 are mainly unnamed shallow streams and ponds between 0.3 and 2.9 m in depth. These water bodies freeze almost entirely (i.e. to the bottom) in winter and the productivity of these habitats for fisheries is limited. The total area of these waterbodies is approximately 11.7 ha. These water bodies contain the following fish species: northern pike, white sucker, pearl dace, northern redbelly dace, brook stickleback and, to a lesser extent, brook trout.

Environmental assessment

The BlackRock Mining Project was the subject of a federal EA conducted by the Agency under the Canadian Environmental Assessment Act, 2012 (CEAA). (see footnote 10) The Agency conducted the federal EA in collaboration with the Federal Environmental Assessment Committee composed of representatives from the Department of Fisheries and Oceans, the Department of Natural Resources, the Department of the Environment, the Department of Health, and the Cree Nation Government.

After taking into consideration comments received on the Comprehensive Study Report, the Minister of the Environment announced on November 6, 2014, that taking into account the implementation of the mitigation measures and follow-up program described in the Comprehensive Study Report, the BlackRock Mining Project is not likely to cause significant adverse environmental effects. (see footnote 11)

Objectives

The objective of the Regulations Amending the Metal Mining Effluent Regulations (proposed Amendments) is to enable the deposit of mine waste in four fish-frequented water bodies at the BlackRock Mining Project.

Description

The Amendments

The Amendments add the following water bodies to Schedule 2 of the MMER (see Figure 1):

The sites selected for mine waste disposal will destroy water bodies that have a total area of approximately 11.7 ha. BRM (and any future owner or operator) will, under section 27.1 of the MMER, be required to implement a fish habitat compensation plan to offset the loss of fish habitat that will occur as a result of the use of fish-frequented water bodies for mine waste disposal. BRM has submitted a letter of credit ensuring that funds are in place should the owner or operator fail to address all elements of the fish habitat compensation plan.

Fish habitat compensation plan

The fish habitat compensation plan was reviewed and accepted by the Department of Fisheries and Oceans. The fish habitat compensation plan commits BRM to participate in the recovery plan for the lake trout population of nearby Lake Chibougamau. This recovery plan was initiated and implemented by the province of Quebec’s Ministère des Forêts, de la Faune et des Parcs (MFFP) in 2009, and covers a period of nearly 20 years.

Studies conducted by MFFP, from 1998 to 2002, indicate that Lake Chibougamau’s lake trout population is at risk. The overall goal of the recovery plan is to ensure the long-term survival and sustainable management of this lake trout population. The activities under BRM’s fish habitat compensation plan in the context of its participation in the Lake Chibougamau lake trout recovery plan are as follows:

The follow-up program will provide the opportunity to adjust or correct the fish habitat compensation plan in order to ensure that the stated objectives have been attained, as well as to assess the effectiveness of the fish habitat compensation plan in offsetting the loss of fish habitat. These activities, from the development of the spawning ground to the last follow-up, will extend over a seven-year period.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the Amendments, as they will not impose a new administrative burden on business.

Small business lens

The Amendments did not trigger the small business lens as BRM, which owns and operates the BlackRock Mining Project, is not considered a small business. (see footnote 12)

Consultation

The Department of the Environment consulted with Indigenous peoples on the proposed Amendments to the MMER related to the BlackRock Mining Project. Furthermore, consultations were undertaken with the general public, environmental organizations and other interested parties, as summarized below.

Consultation prior to publication of the proposed Amendments in the Canada Gazette, Part I

As part of the proposed regulatory amendment process, the Department of the Environment held four consultation sessions in Quebec on June 17, 18, 19, and 26, 2014, in Oujé-Bougoumou, Mistissini, Chibougamau and Gatineau, respectively. The purpose of these sessions was to give participants the opportunity to comment on the proposed Amendments and the associated fish habitat compensation plan.

Participants included residents of Chibougamau, the Cree communities of Oujé-Bougoumou and Mistissini, as well as representatives from environmental non-governmental organizations and local industries. A range of opinions and concerns were expressed during the public consultation sessions and in written comments submitted to the Department of the Environment. A summary of the comments regarding the BlackRock Mining Project as a whole, the proposed Amendments, and the proposed fish habitat compensation plan is provided below.

Pekuakamiulnuatsh Takuhikan (see footnote 13) were invited to participate in the public consultation session held in Chibougamau in June 2014. In September 2014, the Department of the Environment held a teleconference with Pekuakamiulnuatsh Takuhikan, who indicated their understanding of the regulatory amendment process related to the proposed Amendments, and their position not to support the BlackRock Mining Project until their territorial rights and interests are recognized. The establishment or recognition of territorial rights is, however, beyond the scope of the proposed Amendments.

In addition to the public consultation sessions organized by the Department of the Environment, BRM separately consulted local Indigenous peoples. In June 2013, BRM signed the BallyHusky Agreement, which is an impacts and benefits agreement (IBA), with the Oujé-Bougoumou Cree Nation Council, the Grand Council of the Crees (Eeyou Istchee), and the Cree Regional Authority. (see footnote 14), (see footnote 15)

The Oujé-Bougoumou and Mistissini Cree Nations are parties to the JBNQA. (see footnote 16) The BlackRock Mining Project was considered to be likely to infringe on the treaty rights of the Cree Nations of Oujé-Bougoumou and Mistissini. (see footnote 17) On the basis of the mitigation measures described in the Comprehensive Study Report for the BlackRock Mining Project prepared by the Agency, the Agency concluded that the potential adverse effects on established or potential Aboriginal and treaty rights will be satisfactorily avoided or mitigated. Furthermore, the Oujé-Bougoumou and Mistissini Cree Nations are in general support of the BlackRock Mining Project.

Comments on the BlackRock Mining Project as a whole

Some participants provided comments on the effects of the BlackRock Mining Project on local wildlife, wildlife habitat, and air contamination. These comments on the BlackRock Mining Project as a whole are beyond the scope of the proposed Amendments. These effects were previously considered within the federal EA, which concluded that taking into account the implementation of the mitigation measures and follow-up program, the BlackRock Mining Project is not likely to cause significant adverse environmental effects.

Some participants expressed support for the BlackRock Mining Project and the potential employment and opportunity benefits received by the Chibougamau community, as well as eagerness to see the work begin, and satisfaction with the process to address environmental issues. Some participants expressed interest and various concerns regarding training and future employment opportunities for Mistissini residents; some participants also expressed frustration on the length of the regulatory process. BRM discussed its plans for employment and training opportunities for local workers while the Agency assured the business community that their concerns had been clearly heard during the public consultations on the federal EA.

Comments on the proposed Amendments

The BRM representative explained that, during operation of the mine, the waste rock would be sent to the waste rock disposal area. The rock containing the desired ore will be sent to the plant to undergo magnetic separation. Following the first separation, the coarse tailings would be sent to the coarse tailings disposal area, where they would be stacked in layers. These tailings would resemble sand. Following a second magnetic separation, the fine tailings would be sent to the fine tailings disposal area in the form of fine slurry. In order to prevent them from drying out and causing dust problems, they would be kept permanently submerged. The surplus water would be recovered and returned to the treatment plant to be reused. The dikes would be monitored in order to prevent wildlife from gaining access to the tailings pond.

The Government of Quebec was invited to participate in the public consultations and received the related documents, but was not present during the consultations and has not expressed opposition to the BlackRock Mining Project. The Government of Quebec is aware of the fish habitat compensation plan, since under this plan BRM would participate in supporting and enhancing the provincial recovery plan for lake trout in Lake Chibougamau.

Comments on the fish habitat compensation plan

These concerns are related to the historical contamination of Lake Chibougamau and Lac aux Dorés, which are surrounded by abandoned mines. This contamination is a recognized issue. The Department of Fisheries and Oceans pointed out that the primary goal of the recovery plan is the survival of the lake trout population in Lake Chibougamau.

BRM’s participation in the lake trout recovery plan for Lake Chibougamau, led by the province of Quebec, is intended to offset the fish habitat lost as a result of the proposed mine waste disposal in natural water bodies frequented by fish, and not historic habitat losses.

The Department of Fisheries and Oceans replied that the fish habitat compensation plan includes a follow-up program that would make it possible to assess its success. In the event that the objectives are not met, BRM would be required to propose and implement the necessary changes in order to attain the objectives or carry out another project to offset the losses of fish habitat.

The Department of Fisheries and Oceans replied that changes were made to the Fisheries Act in 2013 and that, since then, the analysis is based on the productivity of the fishery in question. In the case of the proposed fish habitat compensation plan, the habitats have low productivity with little recreational or subsistence fishing. It is also difficult to compare the species that frequent and use the habitats that would be lost (northern pike, white sucker, and, to a lesser extent, brook trout) and lake trout, which is a highly valued species. However, taking all these factors into account, the Department of Fisheries and Oceans considers that the proposed fish habitat compensation plan offers adequate compensation for the habitats lost.

The Department of Fisheries and Oceans indicated that, in providing recommendations regarding the fish habitat compensation plan of a project subject to the MMER, the Department ensures that the plan is consistent with the Fisheries Productivity Investment Policy: A Proponent’s Guide to Offsetting and its guiding principles.

Furthermore, officials from the Department of the Environment and the Department of Fisheries and Oceans would ensure the fish habitat compensation plan complies with the requirements of section 27.1 of the MMER.

The assessment of fish habitat losses is determined in the same manner for all projects examined by the Department of Fisheries and Oceans. The review and decision-making process is explained in detail in the Department of Fisheries and Oceans’ Fisheries Protection Policy Statement. (see footnote 18) Pathways of Effects diagrams are used to determine potential causes of harm to fish and fish habitat. (see footnote 19) All residual effects of the project, that is to say the effects that cannot be mitigated and cause fish kills or that diminish or destroy the fish’s ability to use habitats to accomplish one or more life processes, must be offset by the implementation of a compensation plan. The compensation plan must comply with the Department of Fisheries and Oceans’ Fisheries Productivity Investment Policy: A Proponent’s Guide to Offsetting. (see footnote 20)

As part of the BlackRock Mining Project, a Department of Fisheries and Oceans representative conducted a site visit in the summer of 2011, but did not undertake any biophysical surveying. BRM submitted an impact study report in December 2011. Based on the information presented in this report, as well as on additional information submitted over the course of the three years following the submission of the impact study report, the Department of Fisheries and Oceans has managed to determine the potential environmental effects on fish and fish habitat of the project. These potential environmental effects are presented in the Comprehensive Study Report for the BlackRock Mining Project. (see footnote 21)

Summary of the written comments from Pekuakamiulnuatsh Takuhikan

In May 2014, Pekuakamiulnuatsh Takuhikan stated, in writing, their opposition to the implementation of the BlackRock Mining Project and, consequently, of the fish habitat compensation plan for the proposed Amendments until such time as their rights are fully recognized. These comments were from the perspective of defending their rights, without addressing the environmental aspects of the fish habitat compensation plan.

In their letter, Pekuakamiulnuatsh Takuhikan indicated that they are currently involved in treaty negotiations with the Government of Quebec and the Government of Canada, and that the location of the proposed waste rock disposal area of the BlackRock Mining Project would be within the traditional territory (Nitassinan), as described in the Agreement-in-Principle of General Nature signed in the context of these negotiations. Thus, Pekuakamiulnuatsh Takuhikan’s position is that part of the compensation planned for the loss of fish habitat should also be carried out on their territory.

Response to Pekuakamiulnuatsh Takuhikan from the Department of the Environment

The Government of Canada has engaged with Pekuakamiulnuatsh Takuhikan regarding the proposed Amendments in a manner consistent with good governance practices and the Government of Canada’s approach to working with Indigenous peoples.

The concerns raised by Pekuakamiulnuatsh Takuhikan about their territorial rights and interests are beyond the scope of the proposed Amendments. The Government of Canada’s position is that the BlackRock Mining Project is located entirely within the territory covered by the JBNQA. Section 2.6 of the JBNQA stipulates that all rights of the non-signatory nations are considered extinguished on the lands covered by the JBNQA.

In August 2015, the Department of the Environment informed Indigenous and Northern Affairs Canada of Pekuakamiulnuatsh Takuhikan’s concerns with respect to the proposed Amendments for the BlackRock Mining Project.

Consultations on the proposed Amendments following publication in the Canada Gazette, Part I

On February 11, 2017, the proposed Amendments were prepublished in the Canada Gazette, Part I, for a 30–day public comment period. No comments were received during this public comment period.

Rationale

Regulatory and non-regulatory options for mine waste disposal

BRM conducted and prepared an Assessment of Alternatives for Mine Waste Disposal to identify the preferred mine waste disposal option based on the consideration of economic, environmental, socio-economic, and technical impacts. The report entitled Evaluating the Alternative Solutions for the Storage of Mining Waste — Project BlackRock Chibougamau, Quebec, Canada — March 2014, was made public in May 2014 in the context of the public consultations on the proposed Amendments.

The basic selection criteria used to identify viable options for mine waste disposal were

Non-regulatory options would involve the disposal of mine waste in a manner that would not directly impact waters frequented by fish. BRM did not identify non-regulatory options that would not impact fish-frequented water bodies, due to the occurrence of numerous small water bodies frequented by fish on the mine site and within its vicinity. Therefore, there are no non-regulatory options for the disposal of mine waste at the BlackRock Mining Project.

Regulatory options involve the disposal of mine waste in a manner that would result in direct impacts (see footnote 22) on one or more natural, fish-frequented water bodies, and would therefore require that the water bodies be added to Schedule 2 of the MMER.

Four possible regulatory options were identified, assessed, and compared using economic, environmental, technical and socio-economic criteria. The first option was rejected owing to a problem with water retention and potential adverse effects as far as Lake Chibougamau. The third option was rejected because it would create dust, have a large footprint, and affect two watersheds. The fourth option was rejected owing to its large footprint and poor water retention.

The second option, illustrated in Figure 1, was identified as the preferred option for mine waste disposal. In this preferred option, the waste rock disposal area and tailings disposal areas will be located so as to have the smallest possible footprint around the open pit, minimize dust generated due to road transport, permit the water retention necessary to supply the start-up of the concentrator, and ensure that almost the entire mine waste disposal area will be contained in one watershed. As discussed above, all but two of the fish-frequented water bodies that will be affected by the mine waste disposal area are located in the Lake Jean watershed. The pond and its outlet stream, which are located in the footprint of the coarse tailings disposal area, drain into a different watershed, that of an unnamed lake that is located 1.5 km north of the coarse tailings disposal area. This preferred option will also be the most cost-effective while minimizing the environmental footprint of the mine waste disposal areas.

However, for the preferred option to be implemented, the above-mentioned fish-frequented water bodies must be added to Schedule 2 of the MMER.

Analytical framework

The Amendments add the identified fish-frequented water bodies to Schedule 2 of the MMER, so that they can be used for the disposal of mine waste from the BlackRock Mining Project.

Given the absence of a non-regulatory option for mine waste disposal that is technically feasible, a meaningful baseline scenario could not be constructed for the analytical framework, and in turn no cost-benefit analysis could be performed. The analysis below, however, examines the impacts of the Amendments on the environment, Government, and Canadian businesses.

Environmental impacts

The proposed use of water bodies of the Lake Jean watershed for the disposal of mine waste from the BlackRock Mining Project will result in a loss of approximately 11.7 ha (117 046 m2) of fish habitat. No recreational activity is associated with these water bodies and there are very few fishing activities by local and Indigenous communities in the region. The monetary value associated with this loss has therefore not been quantified.

The Department of Fisheries and Oceans is of the opinion that the species present in the water bodies that will be destroyed, with the exception of brook trout, are resilient and common throughout the region. The presence of brook trout in these water bodies and streams remains marginal, and the biophysical characteristics of these water bodies confirm the limiting nature of the aquatic environment for fisheries.

The loss of fish habitat will be offset by the implementation of the fish habitat compensation plan, as required by section 27.1 of the MMER. As indicated previously in the “fish habitat compensation plan” section, this plan has been reviewed and accepted by the Department of Fisheries and Oceans.

Cost to Government

Government of Canada enforcement activities include inspections to monitor the implementation of the fish habitat compensation plan, which may have associated incremental costs. Specifically, there may be incremental site visits, monitoring and review costs incurred by the Department of Fisheries and Oceans, including monitoring of BRM’s participation in the recovery plan for the lake trout population of Lake Chibougamau. These incremental costs will be low given the Department of Fisheries and Oceans is planning to conduct site visits and monitoring in the context of other authorizations under the Fisheries Act. (see footnote 23) Furthermore, these incremental monitoring activities, and associated costs, will only occur during fish habitat compensation plan implementation, and will not continue throughout the life of the mine waste disposal areas.

Incremental compliance promotion costs may also be incurred, but would be low, given that compliance promotion activities occurred throughout the federal EA process.

Therefore, the total incremental costs to the Government, associated with the fish habitat compensation plan, will be low.

Cost to business

The Amendments will result in additional costs to BRM associated to the implementation of the fish habitat compensation plan.

The costs of the spawning habitat development work, stockings, and follow-up program are estimated at $337,391. (see footnote 24) This amount will cover the activities for the development of a spawning ground (equipment, materials, and personnel required), followed by four stockings (equipment, materials, fish, and personnel required), and the follow-up reports and activities.

Rationale summary

BRM identified natural, fish-frequented water bodies that are located in the area to be used for mine waste disposal. These natural, fish-frequented water bodies are allocated into three unnamed watercourses as well as an unnamed pond and part of its outlet stream. However, the use of these waterbodies for mine waste disposal from the BlackRock Project will only be possible with their addition to Schedule 2 of the MMER, which is the objective of the proposed Amendments.

The Amendments will allow for the destruction of 11.7 ha (117 046 m2) of fish habitat. To offset this loss of fish habitat, the fish habitat compensation plan will be implemented, under which BRM will participate in the recovery plan for the lake trout population of Lake Chibougamau. The activities planned within the fish habitat compensation plan include the development of spawning ground, stocking of juvenile lake trout, and a follow-up program to ensure compensation has occurred. The total cost of the fish habitat compensation plan, incurred by the mine operator, is estimated to be $337,391. (see footnote 25) Incremental costs to the Government associated with the fish habitat compensation plan will be low.

The Environmental Assessment Decision Statement, announced by the Minister of the Environment on November 6, 2014, states that the BlackRock Mining Project is not likely to cause significant adverse environmental effects when the implementation of the mitigation measures described in the Comprehensive Study Report are taken into account.

Residents of the local community, including Indigenous peoples, environmental non-governmental organizations, and local mining business representatives, provided comments during the consultation sessions on the proposed Amendments. These comments focused on environmental and economic impacts from the BlackRock Mining Project as a whole, the proposed Amendments, and the fish habitat compensation plan. The BlackRock Mining Project and the proposed Amendments are supported by the mining industry, local Cree residents, and generally by the local population. Opposition was expressed by Pekuakamiulnuatsh Takuhikan.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, the proposal is exempt as it was previously assessed in relation to a project assessed under the Canadian Environmental Assessment Act (the former Act). (see footnote 26)

Implementation, enforcement and service standards

The Amendments enable BRM to utilize natural, fish-frequented water bodies for the construction of mine waste disposal areas and storage of mine waste from the BlackRock Mining Project.

Given that the MMER are regulations made pursuant to the Fisheries Act, enforcement personnel would, when verifying compliance with the MMER, act in accordance with the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act (hereinafter, the Policy). Verification of compliance with the Regulations and the Fisheries Act would include, among other inspection activities, site visits, sample analysis, review of fish habitat compensation plans and related reports associated with the proposed Amendments.

If there is evidence of an alleged offence of the fisheries protection and pollution prevention provisions of the Fisheries Act and/or related regulations, enforcement personnel would determine an appropriate enforcement action, in accordance with the following criteria, as set out in the Policy:

Given the circumstances and subject to the exercise of enforcement and prosecutorial discretion, the following instruments are available to respond to alleged violations:

For more information on the Policy, please consult the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act. (see footnote 27)

Contact

Chris Doiron
Manager
Mining Section
Mining and Processing Division
Industrial Sectors, Chemicals and Waste Directorate
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Fax: 819-420-7381
Email: ec.mmer-remm.ec@canada.ca