Assessment Act, 2012

Decision Statement

Issued under Section 54 of the Canadian Environmental Assessment Act, 2012

to
Corporation Éléments Critiques
c/o Jean-Sébastien Lavallée, President and Chief Executive Officer

1080, Côte du Beaver Hall, Suite 2101

Montreal (Quebec)
H2Z 1S8
for the
Rose Lithium – Tantalum Mining Project
Description of the Designated Project
Critical Elements Corporation is proposing the construction, operation and decommissioning of an open
pit lithium and tantalum mine located approximately 38 kilometres north of Nemaska, in Quebec. As
proposed, the project includes the operation of an open pit, waste and tailings impoundment area, an
industrial ore processing facility and the option of transforming concentrate off-site. The mine would
produce about 4,500 tonnes of ore per day over a 17-year life span. The project would last 26 years in
total with the construction and restoration phases.
Conduct of the environmental assessment
The Impact Assessment Agency of Canada (the Agency) conducted an environmental assessment of the
Designated Project in accordance with the requirements of the Canadian Environmental Assessment Act,
2012. The Agency commenced the environmental assessment on October 22, 2012. On June 27, 2019,
the Agency delegated to the Joint Assessment Committee, established in accordance with the
Agreement under the Canadian Environmental Assessment Act, 2012 Concerning the Environmental
Assessments of the Rose Lithium-Tantalum and James Bay Lithium Mine Projects and composed of
representatives appointed by the Cree Nation Government and the Agency, the necessary activities to
complete the environmental assessment process. The Joint Assessment Committee submitted its report
to me in my capacity as Minister of Environment and Climate Change.
Decision on environmental effects referred to in subsection 5(1) of the Canadian Environmental

Assessment Act, 2012
In accordance with paragraph 52(1)(a) of the Canadian Environmental Assessment Act, 2012, after
considering the report of the Agency on the Designated Project and the implementation of mitigation
measures that I consider appropriate, I have determined that the Designated Project is not likely to
cause significant adverse environmental effects referred to in subsection 5(1) of the Canadian
Environmental Assessment Act, 2012.
In accordance with subsection 53(1) of the Canadian Environmental Assessment Act, 2012, I have
established the conditions below in relation to the environmental effects referred to in subsection 5(1)
of the Canadian Environmental Assessment Act, 2012, with which the Proponent must comply.
Decision on environmental effects referred to in subsection 5(2) of the Canadian Environmental

Assessment Act, 2012
The carrying out of the Designated Project may require the following federal authorities to exercise a
power or perform a duty or function conferred on them under an Act of Parliament other than the
Canadian Environmental Assessment Act, 2012:
 the Minister of Fisheries and Oceans may issue authorization(s) under paragraphs 34.4(2)(b) and
35(2)(b) of the Fisheries Act;
 the Minister of Natural Resources may issue a licence under subsection 7(1) of the Explosives Act;
and
 the Minister of Transport may approve an application under subsection 10(1) of the Canadian
Navigable Waters Act.
In accordance with paragraph 52(1)(b) of the Canadian Environmental Assessment Act, 2012, after
considering the report of the Agency on the Designated Project and the implementation of mitigation
measures that I consider appropriate, I have determined that the Designated Project is not likely to
cause significant adverse environmental effects referred to in subsection 5(2) of the Canadian
In accordance with subsection 53(2) of the Canadian Environmental Assessment Act, 2012, I have
established the conditions below in relation to the environmental effects referred to in subsection 5(2)
of the Canadian Environmental Assessment Act, 2012, with which the Proponent must comply.
Decision Statement under the Impact Assessment Act
Pursuant to section 184 of the Impact Assessment Act, a Decision Statement issued by me under
subsection 54(1) of the Canadian Environmental Assessment Act, 2012 is deemed to be a Decision
Statement issued under subsection 65(1) of the Impact Assessment Act, other than for the purposes of
section 70.
Consultation with First Nations
In establishing the conditions below in relation to the environmental effects referred to in subsections
5(1) and 5(2) of the Canadian Environmental Assessment Act, 2012, I took into account the concerns and
interests identified in the consultation processes with First Nations. I also considered the measures to
address these concerns and interests that have been identified in the environmental assessment and
consultation processes. I am satisfied that the consultation processes undertaken are consistent with
the honour of the Crown and that the concerns and interests of First Nations are appropriately
accommodated for the purpose of issuing this Decision Statement.
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1. Definitions
1.1. Agency means the Impact Assessment Agency of Canada.
1.2. Baseline means the environmental conditions prior to initiating construction of the Designated
Project.
1.3. Construction means the phase of the Designated Project during which the Proponent undertakes
the site preparation, building or installation of any components of the Designated Project,
including periods during which these activities may temporarily cease.
1.4. Cree Nation Government means the “Cree Nation Government” as defined in section 2 of the Act
Respecting the Cree Nation Government.
1.5. Days means calendar days.
1.6. Decommissioning means the phase of the Designated Project during which the Proponent
permanently ceases commercial production and commences the removal from service of any
components of the Designated Project, and that continues until the Proponent completes the
removal from service of all elements of the Designated Project.
1.7. Designated Project means the Mine Rose Lithium-Tantalum Project as described in section 2 of
the Environmental Assessment Report prepared by the Impact Assessment Agency of Canada and
the Cree Nation Government (Canadian Impact Assessment Registry, reference number 80005).
1.8. Designated Project area means the geographic area occupied by the Designated Project
infrastructures identified on Figure 5 of the Environmental Assessment Report.
1.9. Effluent means “effluent” as defined in subsection 1(1) of the Metal and Diamond Mining Effluent
Regulations.
1.10. Environment and Climate Change Canada means the Department of the Environment as
established under subsection 2(1) of the Department of the Environment Act.
1.11. Environmental assessment means “environmental assessment” as defined in subsection 2(1) of

the Canadian Environmental Assessment Act, 2012.
1.12. Environmental Assessment Report means the report prepared by the Impact Assessment Agency
of Canada (Canadian Impact Assessment Registry, reference number 80005) under
subsection 25(2) of the Canadian Environmental Assessment Act, 2012.
1.13. Environmental effects means “environmental effects” as described in section 5 of the Canadian
1.14. Environmental Impact Statement means the February 2019 document entitled Rose Lithium –
Tantale Project – Update of the Environmental Impact Statement (Canadian Impact Assessment
Registry, reference number 80005, document number 18), including supplementary material
submitted by the Proponent during the course of the environmental assessment.
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1.15. Final effluent treatment plant means the final effluent treatment plant identified in Figure 6 of the
Environmental Assessment Report.
1.16. First Cree Nation of Waswanipi means the Cree First Nation of Waswanipi.
1.17. First Nations means the following Indigenous groups: the Cree Nation of Eastmain, the Cree of the
First Nation of Waskaganish and the Cree Nation of Nemaska.
1.18. Fish means “fish” as defined in subsection 2(1) of the Fisheries Act.
1.19. Fish habitat means “fish habitat” as defined in subsection 2(1) of the Fisheries Act.
1.20. Fisheries and Oceans Canada means the Department of Fisheries and Oceans as established under
subsection 2(1) of the Department of Fisheries and Oceans Act.
1.21. Follow-up program means “follow-up program” as defined in subsection 2(1) of the Canadian
1.22. Heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or
significance for past, present or future generations.
1.23. Listed species at risk means a species that is listed on the List of Wildlife Species at Risk set out in
Schedule 1 of the Species at Risk Act.
1.24. Migratory bird means “migratory bird” as defined in subsection 2(1) of the Migratory Birds
Convention Act, 1994.
1.25. Ministère de l’Environnement et de la Lutte contre les changements climatiques means the
Québec’s Ministère du Développement durable, de l’Environnement et des Parcs, as designated in
the Loi sur le ministère du Développement durable, de l’Environnement et des Parcs and by
Order 1280‐2018 dated October 18, 2018.
1.26. Ministère de la Culture et des Communications means the Québec’s Ministère de la Culture et des
Communications, as designated in the Act respecting the Ministère de la Culture et des
Communications.
1.27. Ministère des Forêts, de la Faune et des Parcs means the Québec’s Ministère de l’Énergie et des
Ressources naturelles, as designated in the Act respecting the Ministère des Ressources naturelles
et de la Faune and by Order 1290‐2018 of October 18, 2018.
1.28. Mitigation measures means “mitigation measures” as defined in subsection 2(1) of the Canadian
1.29. Monitoring means observation of the environmental effects of the Designated Project, performed
in the context of a follow-up program set out in this Decision Statement in order to verify the
accuracy of the environmental assessment and/or determine the effectiveness of any mitigation
measure.
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1.30. Offsetting plan means “offsetting plan” as described in Schedule 1 of the Authorizations
Concerning Fish and Fish Habitat Protection Regulations.
1.31. Operation means the phase of the Designated Project during which the commercial production
takes place, including periods during which commercial production may temporarily cease, and
which continues until the start of decommissioning.
1.32. Peripheral wells means the pit peripheral observation wells identified on Map 1 of the
Proponent's responses to the Agency's second information request (Canadian Impact Assessment
Registry, reference number 80005, document number 30).
1.33. Progressive reclamation means reclamation which is carried out by the Proponent concurrently
with all phases of the Designated Project to progressively return any physically disturbed areas to
a state as close to the baseline as possible, as soon after the disturbance as practical.
1.34. Proponent means Critical Elements Lithium Corporation and its successors or assigns.
1.35. Qualified individual means someone who, through their education, experience and knowledge
relevant to a particular matter, provides the Proponent with advice within their area of expertise.
Knowledge relevant to a particular matter may include community and Indigenous knowledge.
1.36. Record means “record” as defined in subsection 2(1) of the Canadian Environmental Assessment
Act, 2012.
1.37. Relevant authorities means federal and/or provincial and/or regional and/or municipal authorities
that are in possession of specialist or expert information or knowledge, or that have a
responsibility for the administration of a law or regulation, with respect to the subject matter of a
condition set out in this Decision Statement.
1.38. Reporting year means January 1 of a calendar year through December 31 of the same calendar
year.
1.39. Security perimeter means an area of 1 kilometre around the infrastructures associated with the
Designated Project.
1.40. Structure, site or thing of historical, archaeological, paleontological or architectural significance

means a structure, site or thing that is determined by a qualified individual, on the basis of
heritage value, to be associated with an aspect of the history or culture of the people of Canada,
including Indigenous groups.
1.41. Water frequented by fish means “water frequented by fish” as defined in subsection 34(1) of the
Fisheries Act.
1.42. Wetland means land that is saturated with water long enough to promote wetland or aquatic
processes as indicated by poorly drained soils, hydrophytic vegetation and various kinds of
biological activity which are adapted to a wet environment and as further defined in the Canadian
Wetland Classification System.
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1.43. Wetland functions means the natural processes and derivation of benefits and values associated
with wetland ecosystems, including economic production, fish and wildlife habitat, organic carbon
storage, water supply and purification (e.g., groundwater recharge, flood control, maintenance of
flow regimes, shoreline erosion buffering), and soil and water conservation, as well as tourism,
heritage, recreational, educational, scientific, and aesthetic opportunities.
Conditions
These conditions are established for the sole purpose of the Decision Statement issued under the
Canadian Environmental Assessment Act, 2012. They do not relieve the Proponent from any obligation
to comply with other legislative or other legal requirements of the federal, provincial, or local
governments. Nothing in this Decision Statement shall be construed as reducing, increasing, or
otherwise affecting what may be required of the Proponent to comply with all applicable legislative or
legal requirements.
2. General conditions
2.1. The Proponent shall ensure that its actions in meeting the conditions set out in this Decision
Statement during all phases of the Designated Project are considered in a careful and
precautionary manner, promote sustainable development, are informed by the best information
and knowledge, including community and Indigenous knowledge, available at the time the
Proponent takes action, are based on methods and models that are recognized by standard-
setting bodies, are undertaken by qualified individuals, and have applied the best available
economically and technically feasible technologies.
2.2. The Proponent, when carrying out the Designated Project, shall do so as defined in condition 1.7.
2.3. The Proponent shall ensure that its actions in meeting the conditions set out in this Decision
Statement are taken in a way that is consistent with any applicable recovery strategy and action
plans for listed species at risk.
Consultation
2.4. The Proponent shall, where consultation is a requirement of a condition set out in this Decision
Statement:
2.4.1. provide a written notice of the opportunity for the party or parties being consulted to
present their views and information on the subject of the consultation;
2.4.2. provide all information available and relevant to the scope and the subject matter of the
consultation and a period of time agreed upon with the party or parties being consulted,
not to be less than 15 days, to prepare their views and information;
2.4.3. undertake an impartial consideration of all views and information presented by the party
or parties being consulted on the subject matter of the consultation; and
2.4.4. advise in a timely manner the party or parties being consulted on how the views and
information received have been considered by the Proponent, including a rationale for
why the views have, or have not, been integrated.
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2.5. The Proponent shall, where consultation with First Nations or the First Cree Nation of Waswanipi
is a requirement of a condition set out in this Decision Statement, communicate with each Nation
or the First Cree Nation of Waswanipi with respect to the manner to satisfy the consultation
requirements referred to in condition 2.4, including methods of notification, the type of
information and the period of time to be provided when seeking input, the process to be used by
the Proponent to undertake impartial consideration of all views and information presented on the
subject of the consultation, and the period of time and the means to advise First Nations or the
First Cree Nation of Waswanipi of how their views and information were considered by the
Proponent.
Follow-up
2.6. The Proponent shall, where a follow-up program is a requirement of a condition set out in this
Decision Statement, consult the representatives of the youth councils of each First Nation on their
interest in participating in the development and implementation of the follow-up program, and
determine, as part of the development of each follow-up program and in consultation with the
party or parties being consulted during the development, the following information:
2.6.1. the methodology, location, frequency, timing and duration of monitoring associated with
the follow-up program;
2.6.2. the scope, content and frequency of reporting of the results of the follow-up program;
2.6.3. the frequency at which the follow-up program must be updated, unless the frequency is
specified in the condition;
2.6.4. the levels of environmental change relative to baseline that would require the Proponent
to implement modified or additional mitigation measure(s), including instances where
the Proponent may require Designated Project activities to be stopped; and
2.6.5. the technically and economically feasible mitigation measures to be implemented by the
Proponent if monitoring conducted as part of the follow-up program shows that the
levels of environmental change referred to in condition 2.6.4 have been reached or
exceeded.
2.7. The Proponent shall update the information determined for each follow-up program pursuant to
condition 2.6 during the implementation of each follow-up program, at the minimum frequency
determined pursuant to condition 2.6.3 and in consultation with the party or parties being
consulted during the development of each follow-up program.
2.8. The Proponent shall provide the follow-up programs referred to in 3.19, 3.20, 3.21, 3.22, 3.23,
3.24, 4.8, 5.5, 5.6, 6.6, 7.13, 7.14, 8.11 and 8.12, including the information determined for each
follow-up program pursuant to condition 2.6, to the Agency, to the Cree Nation Government and
to the party or parties being consulted during the development of each follow-up program prior
to the implementation of each follow-up program. The Proponent shall also provide any update
made pursuant to condition 2.7 to the Agency, to the Cree Nation Government and to the party
or parties being consulted during the development of each follow-up program within 30 days of
the follow-up program being updated.
2.9. The Proponent shall, where a follow-up program is a requirement of a condition set out in this
Decision Statement:
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2.9.1. implement the follow-up program according to the information determined pursuant to
condition 2.6;
2.9.2. conduct monitoring and analysis to verify the accuracy of the environmental assessment
as it pertains to the particular condition and/or to determine the effectiveness of any
mitigation measure;
2.9.3. determine whether modified or additional mitigation measure(s) are required based on
the monitoring and analysis undertaken pursuant to condition 2.9.2; and
2.9.4. if modified or additional mitigation measures are required pursuant to condition 2.9.3,
develop and implement these mitigation measures in a timely manner and monitor them
pursuant to condition 2.9.2. The Proponent shall notify the Agency and the Cree Nation
Government within 24 hours of any modified or additional mitigation measure being
implemented. If the Proponent implements any additional or modified mitigation
measure not previously submitted to the Agency and to the Cree Nation Government
pursuant to condition 2.8, the Proponent shall submit a detailed description of the
measure(s) to the Agency and to the Cree Nation Government within seven days of their
implementation;
2.9.5. report all results of the follow-up program including all data collected, analyses, and
monitoring reports to the Agency and to the Cree Nation Government no later than
March 31 following any reporting year during which the follow-up program is
implemented and, subject to information determined pursuant to 2.6.2, to the party or
parties being consulted for the development of the follow-up program.
2.10. Where consultation with First Nations or the First Cree Nation of Waswanipi is a requirement of a
follow-up program, the Proponent shall discuss the follow-up program with each Nation or the
First Cree Nation of Waswanipi and shall determine, in consultation with each Nation or the First
Cree Nation of Waswanipi, opportunities for their participation in the implementation of the
follow-up program, including the conduct of monitoring, the analysis and reporting of follow-up
results and whether modified or additional mitigation measure(s) are required, as set out in
condition 2.9.
Annual reporting
2.11. The Proponent shall prepare an annual report that sets out, for each reporting year:
2.11.1. the activities undertaken by the Proponent to comply with each of the conditions set out
in this Decision Statement;
2.11.2. how the Proponent complied with condition 2.1;
2.11.3. for conditions set out in this Decision Statement for which consultation is a requirement,
how the Proponent considered any views and information that the Proponent received
during or as a result of the consultation;
2.11.4. for conditions set out in this Decision Statement for which consultation with First Nations
or the First Cree Nation of Waswanipi is a requirement, the list of people consulted, the
dates, locations, topics and objectives of consultation activities and the communication
methods;
2.11.5. the information referred to in conditions 2.6 and 2.7 for each follow-up program;
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2.11.6. the results of the follow-up program requirements identified in conditions 3.19, 3.20,
3.21, 3.22, 3.23, 3.24, 4.8, 5.5, 5.6, 6.6, 7.13, 7.14, 8.11 and 8.12;
2.11.7. for any plan that is a requirement of a condition set out in this Decision Statement, any
updates to the plan made;
2.11.8. any modified or additional mitigation measure implemented or proposed to be
implemented by the Proponent, as determined pursuant to condition 2.9; and
2.11.9. any change to the Designated Project for which the Proponent determined that
condition 2.17 did not apply, including a justification for that determination.
2.12. The Proponent shall submit to the Agency and to the Cree Nation Government the annual report
referred to in condition 2.11, including a plain language executive summary, in both official
languages, no later than March 31 following the reporting year to which the annual report
applies.
2.13. The first reporting year the Proponent prepares an annual report pursuant to condition 2.11
starts the day the Minister of Environment issues the Decision Statement to the Proponent under
paragraph 54(1) of the Canadian Environmental Assessment Act, 2012.
Information sharing
2.14. The Proponent shall publish on the Internet the annual reports and the executive summaries
referred to in conditions 2.11 and 2.12, the action plan referred to in condition 5.1, the
communication plan referred to in condition 8.10, the accident and malfunction response plan
referred to in condition 11.3, the accident and malfunction reports referred to in
conditions 11.5.3 and 11.5.4, the schedules referred to in conditions 12.1 and 12.2, and any
update or revision to the above documents, upon submission of these documents to the parties
referenced in the respective conditions. The Proponent shall keep these documents publicly
available for 15 years following their publication. The Proponent shall notify the Agency, the Cree
Nation Government, First Nations and the First Cree Nation of Waswanipi of the availability of
these documents within 48 hours of their publication.
2.15. When the development of any plan is a requirement of a condition set out in this Decision
Statement, the Proponent shall submit the plan to the Agency and to the Cree Nation
Government prior to construction, unless otherwise required through the condition.
Change of Proponent
2.16. The Proponent shall notify the Agency, the Cree Nation Government, First Nations and the First
Cree Nation of Waswanipi in writing no later than 30 days after the day on which there is any
transfer of ownership, care, control or management of the Designated Project in whole or in part.
Change to the Designated Project

2.17. If the Proponent is proposing to carry out the Designated Project in a manner other than
described in condition 1.7, the Proponent shall notify the Agency and the Cree Nation
Government in writing in advance. As part of the notification, the Proponent shall provide:
2.17.1. a description of the proposed change(s) to the Designated Project and the environmental
effects that may result from the change(s);
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2.17.2. any modified or additional measure to mitigate any environmental effect that may result
from the change(s) and any modified or additional follow-up requirement;
2.17.3. an explanation of how, taking into account any modified or additional mitigation
measure referred to condition 2.17.2, the environmental effects that may result from the
change(s) may differ from the environmental effects of the Designated Project identified
during the environmental assessment.
2.18. The Proponent shall submit to the Agency and to the Cree Nation Government any additional
information required by the Agency about the proposed change(s) referred to in condition 2.17,
which may include the results of consultation with First Nations, the First Cree Nation of
Waswanipi and relevant authorities on the proposed change(s) and environmental effects
referred to in condition 2.17.1 and the modified or additional mitigation measures and follow-up
requirements referred to in condition 2.17.2.
3. Fish and Fish Habitat
3.1. The Proponent shall implement, during all phases of the Designated Project, control measures for
erosion and sedimentation in the Designated Project area in order to prevent effects on the
quality of water frequented by fish, in accordance with the requirements of the Fisheries Act. The
Proponent shall maintain the measures during all phases of the Designated Project. The
Proponent shall take into account periods of flooding, heavy rainfall and frost when designing and
implementing the measures, shall maintain these measures regularly and shall repair any
damaged measure as soon as technically feasible. As part of these measures, the Proponent shall:
3.1.1. discharge water from the dewatering activities of Lakes 1 and 2 downstream of the lakes
and does not exceed the two-year flood flows estimated in the hydrological study
presented in Volume 2 of Sectoral Report 1 of the Impact Statement in the receiving
environment when discharging the water;
3.1.2. stabilize the shore with a stone bed at the outlets of the effluent pipes in Lakes 3, 4 and
6; and
3.1.3. stabilize the stockpiles’ cut slopes as soon as they start to pile up.
3.2. The Proponent shall comply with the Metal and Diamond Mining Effluent Regulations, with the
pollution prevention provisions of the Fisheries Act and with the Government of Quebec’s
requirements for the management of mine effluents.
3.3. The Proponent shall manage the mine effluents before their discharge into the receiving
environment. For this purpose, the Proponent shall:
3.3.1. install temporary and permanent sedimentation ponds to minimize the discharge of
suspended solids;
3.3.2. install the final effluent treatment plant at the start of construction and ensure that it is
operational as soon as it is installed;
3.3.3. collect the contact water, including water from road ditches on the mine site, pit water
and runoff from the waste rock and dry tailings piles, the overburden pile, the ore pile
and any other mining infrastructure, including the ore mill, into a sedimentation pond
and treat it before its discharge into the environment; and
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3.3.4. collect groundwater pumped from peripheral wells into a sedimentation pond and treat
it, if necessary to meet applicable water quality standards or criteria, before discharging
it into the environment.
3.4. For any secondary water treatment plant installed in addition to the final effluent treatment
plant, the Proponent shall update, prior to the construction of any secondary water treatment
plant, the water balance completed during the environmental assessment and submitted in
Appendix CEAA-18 of the Response to Information Request on the Environmental Impact
Assessment (Canadian Impact Assessment Registry, reference number 80005, document
number 22). When updating the water balance, the Proponent shall include the scenario where
water pumped from the peripheral wells must be redirected to the accumulation pond and the
final effluent treatment plant for a period of at least six months due to exceedances of quality
standards or criteria during the installation of the secondary water treatment plant. The
Proponent shall determine, in consultation with Fisheries and Oceans Canada and Environment
and Climate Change Canada, whether modified or additional mitigation measures are required in
the context of this scenario and shall submit the results of the updated water balance that
includes this scenario to the Agency, to the Cree Nation Government and to the relevant
authorities prior to the construction of any secondary water treatment plant.
3.5. The Proponent shall maintain monthly average suspended solids concentrations below 10
milligrams per litre at all effluent discharge points.
3.6. The Proponent shall measure, prior to construction, concentrations of tantalum in Watercourse A,
groundwater, surface water and sediment, and shall develop and implement, in consultation with
Environment and Climate Change Canada and other relevant authorities, measures to maintain
concentrations of dissolved tantalum below 0.1 micrograms per litre at the final effluent
treatment plant discharge point and any other effluent discharge point identified in Figure 6 of
the Environmental Assessment Report.
3.7. The Proponent shall manage sulphide minerals in the mine to avoid acid mine drainage. To this
end, the Proponent shall:
3.7.1. not use any waste rock containing sulphide minerals for the construction of the
Designated Project; and
3.7.2. place waste rock containing sulphide minerals in the waste rock pile so that it is not
exposed to the open air.
3.8. The Proponent shall characterize the acid mine drainage potential of the overburden, including
through the use of the TDPAS test de détermination du potentiel acidogène des sols test, and
shall use only overburden considered to be low risk according to Appendix II of Directive 019 on
the mining industry of the Ministère de l'Environnement et de la Lutte contre les changements
climatiques for the construction of the Designated Project.
3.9. The Proponent shall develop, prior to construction, and implement measures to mitigate the
effects of the Designated Project on water levels. In doing so, the Proponent shall maintain the
water discharge rates into Watercourse A and Lakes 3, 4 and 6 during all phases of the Designated
Project at plus or minus 10% of the mean flows estimated by the Proponent in Table 26-3
presented in response to question CCE-26B in the Answers to the Non-Compliance of the Second
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Information Request and to Requests for Clarification from the IAAC (Canadian Impact Assessment
Registry, reference number 80005, document number 33).
3.10. The Proponent shall develop, to the satisfaction of Fisheries and Oceans Canada and in
consultation with First Nations, any offsetting plan related to the alteration, destruction or
disturbance of fish habitat, and the death of fish associated with the carrying out of the
Designated Project. The Proponent shall implement the offsetting plan and submit any final
offsetting plan to the Agency and to the Cree Nation Government before implementing it.
3.11. For any fish habitat offsetting measure proposed in any offsetting plan referred to in
condition 3.10 that could result in adverse environmental effects that were not taken into
account in the environmental assessment, the Proponent shall develop and implement, after
consulting First Nations and the relevant authorities, measures to mitigate these effects. The
Proponent shall present these measures to the Agency and to the Cree Nation Government
before implementing them.
3.12. The Proponent shall develop, prior to construction and in consultation with First Nations and
Fisheries and Oceans Canada, measures to protect fish and fish habitat when undertaking in- or
near-water activities, taking into account Fisheries and Oceans Canada’s Measures to Protect Fish
and Fish Habitat. In doing so, the Proponent shall:
3.12.1. not carry out any in-water construction activity outside of the low-risk timing windows
for carrying out work in fish habitat defined for the region of the Designated Project in
Fisheries and Oceans Canada’s Timing Windows for Carrying Out Work in Fish Habitat
According to Quebec Administrative Regions, unless otherwise authorized by Fisheries
and Oceans Canada;
3.12.2. maintain fish passage in Watercourse E, between Lake 3 and the Eastmain 1 reservoir,
and at the culvert under the Nemiscau-Eastmain-1 Road during all phases of the
3.12.3. ensure that the temporary works required for the Designated Project do not encroach on
more than one third of the width of any watercourse at the location where the works are
installed, as measured from the high water mark applicable at the time the temporary
works are installed.
3.13. When carrying out construction work in fish habitat pursuant to condition 3.12.1, the Proponent
shall isolate the work area in order to limit the input of sediments into the aquatic environment.
3.14. The Proponent shall develop, prior to construction, and implement measures to stabilize
disturbed soils that present a risk of erosion and sediment transport to the aquatic environment
during any planned temporary cessation of construction. In doing so, the Proponent shall:
3.14.1. take into account the conditions of the Designated Project area, the potential duration of
such cessation and the periods of the year during which such cessation may occur when
developing the stabilization measures;
3.14.2. submit the stabilization measures to the Agency and to the Cree Nation Government
prior to construction and indicate how the criteria referred to in condition 3.14.1 were
taken into account in developing those measures; and
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3.14.3. implement the stabilization measures immediately upon cessation of construction and
ensure their operation and effectiveness throughout the period of cessation.
3.15. The Proponent shall maintain, during all phases of the Designated Project, a buffer zone of
undisturbed vegetation along the edge of any water body and watercourse, except for disturbed
zones required for the construction of Designated Project components.
3.16. The Proponent shall design, install and operate the water intake structures in the watercourses
where fish live in a manner to mitigate accidental catches of fish by entrainment and
impingement, and shall employ, for this purpose, a fish screen of appropriate size, which accounts
for Fisheries and Oceans Canada’s Interim code of practice: End-of-pipe fish protection screens for
small water intakes in freshwater and complies with the Fisheries Act and its regulations.
3.17. The Proponent shall use confined explosives and shall carry out blasting activities taking into
account Fisheries and Oceans Canada’s Guidelines for the use of explosives in or near Canadian
fisheries waters.
3.18. The Proponent shall not deposit any debris that may cause adverse environmental effects on fish
or fish habitat into watercourses during any phase of the Designated Project, and shall
immediately remove any debris deposited accidentally into a watercourse.
relevant authorities, a follow-up program to verify the accuracy of the environmental assessment
as it pertains to acid mine drainage into the aquatic environment. As part of the development of
the follow-up program, the Proponent shall determine the frequency and duration of the follow-
up. As part of the implementation of the monitoring program, the Proponent shall:
3.19.1. conduct geochemical characterization of waste rock, tailings and ore during operation
and decommissioning; and
3.19.2. compare the results of the characterization conducted pursuant to condition 3.19.1 to
the initial geochemical characterization conducted by the Proponent as part of the
environmental assessment and provided in Appendix G of the Environmental Impact
Statement and shall determine, in consultation with the relevant authorities and taking
into account the results of the water quality monitoring conducted pursuant to
conditions 3.22 and 3.23, if modified or additional mitigation measures are required. If
so, the Proponent shall update the decommissioning plan referred to in condition 8.9.
The Proponent shall submit the follow-up results to Health Canada and the Cree Board of
Health and Social Services of James Bay.
3.20. The Proponent shall develop, prior to construction and in consultation with First Nations, the Cree
Nation Government, Environment and Climate Change Canada and other relevant authorities, a
follow-up program to verify the accuracy of the environmental assessment and determine the
effectiveness of the mitigation measures as it pertains to the adverse environmental effects on
fish of changes to surface water quality caused by the Designated Project. The Proponent shall
implement the follow-up program during all phases of the Designated Project. As part of the
follow-up program, the Proponent shall:
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3.20.1. update, prior to construction, the dissolved oxygen and temperature profiles for Lakes 3,
4, 6, 18 and 19 by measuring over the entire water column and at a frequency reflecting
seasonal variability;
3.20.2. monitor, from the start of construction and during all phases of the Designated Project,
water quality in Watercourse A and Lakes 3, 4, 6, 18 and 19, including dissolved oxygen
and temperature profiles and concentrations of lithium, tantalum, fluoride, silver,
arsenic, cadmium, chromium, lead, nickel, iron, zinc and copper. The Proponent shall
compare the monitoring results with the dissolved oxygen and temperature profiles
updated by the Proponent pursuant to condition 3.20.1, and shall determine, in
consultation with the relevant authorities, whether modified or additional mitigation
measures are required;
3.20.3. monitor continuously during operation the stability of the littoral zone of Watercourse A
and Lakes 3, 4 and 6;
3.20.4. monitor, from the start of operations, suspended solids, hydrogen potential,
concentrations of lithium, tantalum, fluoride, silver, arsenic, cadmium, chromium, lead,
nickel, iron, zinc and copper, and acute water toxicity in sedimentation ponds receiving
water pumped from perimeter wells prior to the discharge of water to Lakes 3, 4 and 6.
The Proponent shall conduct monitoring at the following frequencies:
3.20.4.1. once a week for lithium, tantalum, fluoride, silver, arsenic, cadmium, chromium,
lead, nickel, iron, zinc and copper;
3.20.4.2. three times a week for suspended solids and hydrogen potential; and
3.20.4.3. once a month for acute water toxicity of sedimentation pond water on rainbow
trout;
3.20.5. monitor total and dissolved tantalum concentrations in the sediments of Watercourse A
and in the water at the final effluent treatment plant effluent discharge point identified
in Figure 6 of the Environmental Assessment Report from the start of construction and
during all phases of the Designated Project; and
3.20.6. if the tantalum concentrations in the water measured pursuant to condition 3.20.4
demonstrate concentrations greater than 0.1 microgram per litre for dissolved tantalum
or 1.6 microgram per litre for total tantalum, determine, in consultation with the parties
involved in the development of the follow-up program, whether the source of the
tantalum increase is attributable to the Designated Project and develop and implement
modified or additional mitigation measures for any exceedance attributable to the
Designated Project.
3.21. The Proponent shall develop, in consultation with First Nations, the Cree Nation Government and
the relevant authorities, a follow-up program to verify the accuracy of the environmental
assessment and to judge the effectiveness of the mitigation measures as it pertains to the adverse
environmental effects of the modifications to groundwater quality on fish caused by the
Designated Project. The Proponent shall implement the follow-up program during all phases of
the Designated Project. As part of the follow-up program, the Proponent shall:
3.21.1. monitor, from the start of construction and during all phases of the Designated Project,
the concentrations of total and dissolved tantalum and of substances measured by the
Proponent to complete the baseline groundwater quality during the environmental
14
assessment and presented in Sectoral Report 3 R5-3 of the Environmental Impact
Statement at the observation wells for groundwater located upstream and downstream
hydraulically from the mining infrastructures and identified in Map 1 of Appendix CCE-21
of the Answers to the Non-Compliance of the Second Information Request and to
Requests for Clarification from the IAAC (Canadian Impact Assessment Registry, reference
number 80005, document number 33); and
3.21.2. develop and implement modified or additional mitigation measures if the concentrations
measured pursuant to condition 3.21.1 show levels higher than those measured by the
Proponent to complete the baseline groundwater quality.
3.22. The Proponent shall develop, prior to operation and in consultation with First Nations and
as it pertains to the physiochemical characterization of the mining materials and the adverse
environmental effects associated with the management of the mining materials on surface and
groundwater quality. The Proponent shall implement the follow-up program throughout
operation and decommissioning. As part of the follow-up program, the Proponent shall:
3.22.1. monitor tantalum concentrations in soils during operation and decommissioning;

3.22.2. monitor, during operation and decommissioning, the physicochemical quality of the
sediments of Watercourse A upstream and downstream from the effluent release point;
3.22.3. characterize the ore extracted during operation and the waste rock and tailings during
operation and decommissioning; and
3.22.4. if the results of the monitoring carried out pursuant to condition 3.22.1 differ from the
characterization completed pursuant to condition 8.6.2, or the results of the
characterization carried out pursuant to condition 3.22.3 differ from the results of the
initial characterization performed by the Proponent as part of the environmental
assessment and indicated in Appendix G of the Environmental Impact Statement,
determine, in consultation with relevant authorities, if modified or additional mitigation
measures are necessary and update the decommissioning plan referred to in
condition 8.9. The Proponent shall take into account the results of the monitoring carried
out pursuant to conditions 3.20 and 3.21 when determining whether modified or
additional mitigation measures are required.
3.23. The Proponent shall develop, prior to construction and in consultation with First Nations,
Fisheries and Oceans Canada and other relevant authorities, a follow-up program to verify the
accuracy of the environmental assessment and to determine the effectiveness of the mitigation
measures as it pertains to the adverse environmental effects, including the effects of dust and
sediment inputs, on fish and fish habitat caused by the Designated Project. The Proponent shall
implement the follow-up program during all phases of the Designated Project. As part of the
implementation of the follow-up program, the Proponent shall:
3.23.1. update, prior to construction, the 2011 and 2016 baseline conditions for fish and fish
habitat completed by the Proponent and presented in Sectoral Report 8 of the
Environmental Impact Statement. The Proponent shall submit the updated baseline
conditions to the Agency and to the Cree Nation Government prior to construction;
15
3.23.2. determine the fish species to be monitored in Lake 3, in addition to lake whitefish
(Coregonus clupeaformis), and the sampling frequency and method for each fish species
monitored, and conduct the monitoring; and
3.23.3. compare the results of the monitoring carried out pursuant to condition 3.23.2 with the
baseline conditions completed pursuant to condition 3.23.1 and determine, in
consultation with the relevant authorities and taking into account the results of the
monitoring carried out pursuant to condition 3.23.2, whether modified or additional
mitigation measures are required. The Proponent shall implement any necessary
modified or additional mitigation measure.
and determine the effectiveness of the mitigation measures as it pertains to the adverse
environmental effects on fish from changes to water levels and water flows caused by the
Designated Project. The Proponent shall implement the follow-up program during all phases of
the Designated Project and for at least two years after the pit is flooded. As part of the follow-up
program, the Proponent shall:
3.24.1. monitor flows, including low flows, and water levels in Watercourses A, C, N, M, F and E
at least once in the spring, summer and fall during construction and for each year during
operation at locations identified in consultation with First Nations. The Proponent shall
identify the locations where it conducts monitoring on a map;
3.24.2. monitor the discharged water flows continuously in Watercourse A and Lakes 3, 4 and 6
during construction and operation;
3.24.3. monitor the water levels in the pit and in the observation wells drilled by the Proponent
as part of the environmental assessment and identified on Map 1 of Appendix CCE-21 of
the Answers to the non-compliance of the Second Information Request and to requests
for clarification from the IAAC (Canadian Impact Assessment Registry, reference
number 80005, document number 33);
3.24.4. monitor the water flows pumped daily at pumps PP1 to PP9 identified on Map 03-03 of
Appendix CCE-30 of the Answers to the non-compliance of the Second Information
Request and to requests for clarification from the IAAC (Canadian Impact Assessment
Registry, reference number 80005, document number 33);
3.24.5. monitor the flow and the direction of flow of water at the mining site during
decommissioning;
3.24.6. update the flow modelling and water levels for Watercourses A, C, N, M, F and E based
on the results of the monitoring carried out during construction pursuant to
condition 3.24.1; and
3.24.7. develop and implement modified or additional mitigation measures if the results of the
monitoring referred to in conditions 3.24.1 to 3.24.5 demonstrate that modified or
additional mitigation measures are necessary to mitigate environmental effects of water
flow modifications on fish caused by the Designated Project, including if the Proponent
determines that the water levels referred to in condition 3.24.3 are influenced by the
quantities of water pumped daily at pumps PP1 to PP9 referred to in condition 3.24.4.
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4. Birds (Including Migratory Birds)
4.1. The Proponent shall carry out the Designated Project in a manner that protects migratory birds
and avoids harming, killing or disturbing them or destroying, removing or disturbing their nests or
eggs. For this purpose, the Proponent shall meet Environment and Climate Change Canada’s
Guidelines to reduce risk to migratory birds in order to reduce the risk to migratory birds. The
Proponent’s actions when carrying out the Designated Project shall comply with the Migratory
Birds Convention Act, 1994, the Migratory Birds Regulations and the Species at Risk Act.
4.2. The Proponent shall not undertake any activity associated with the Designated Project that could
hinder nesting of migratory birds and birds that are listed species at risk, including vegetation
clearing activities, in order to not cause the destruction of nests, eggs and chicks. In doing so, the
Proponent shall:
4.2.1. provide regular awareness training on the presence of migratory bird nests and the
measures to be taken in the event of their discovery to all employees and contractors
associated with the Designated Project who may encounter nests;
4.2.2. determine the dates of the nesting period for any year during which activities associated
with the Designated Project that may adversely affect bird nesting are carried out and
submit those dates, including a justification for those dates, to the Agency and to the
Cree Nation Government prior to carrying out any activity. The justification shall include
the determination of activities according to the nesting periods determined for all species
of migratory birds and birds that are listed as species at risk; and
4.2.3. if it is not technically feasible to carry out any activity that could adversely affect the
nesting of migratory birds and birds that are listed species at risk outside the nesting
period determined pursuant to condition 4.2.2 in a given year, submit a justification to
the Agency and to the Cree Nation Government and develop and implement additional
mitigation measures, including the use of non-intrusive monitoring methods, to avoid
adverse effects on migratory birds during nesting, including nests, eggs and chicks. The
Proponent shall submit these measures to the Agency and to the Cree Nation
Government prior to their implementation.
4.3. The Proponent shall limit vegetation clearing to the Designated Project area.
4.4. If active migratory bird nests are identified during construction, the Proponent shall establish and
implement, in consultation with relevant authorities, mitigation measures to avoid the
destruction, disturbance or removal of nests, including by the deployment of protection areas.
The Proponent shall establish any protection area taking into account the intensity, duration,
frequency and proximity of the activity associated with the Designated Project that may adversely
affect bird nesting.
4.5. The Proponent shall develop and implement, in consultation with relevant authorities and taking
into account Environment and Climate Change Canada’s Beneficial Management Practices,
measures to prevent migratory birds from using the accumulation ponds during operation. The
Proponent shall submit these measures to the Agency and to the Cree Nation Government prior
to their implementation.
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4.6. The Proponent shall control the lighting necessary for the Designated Project’s activities during all
phases of the Designated Project, including its orientation, duration of use and intensity, to
mitigate the adverse effects of the Designated Project on migratory birds caused by light-induced
sensory disturbances, while complying with the operational health and safety requirements.
4.7. The Proponent shall develop, prior to construction, and implement, during all phases of the
Designated Project, a policy prohibiting the operation of engine brakes for all vehicles in the
Designated Project area. The Proponent shall require and ensure that everyone complies with this
policy, unless there are technical constraints or constraints related to health or safety.
4.8. The Proponent shall develop, prior to construction and in consultation with Environment and
Climate Change Canada, the Ministère des Forêts, de la Faune et des Parcs, the Cree Nation
Government and First Nations, and implement, during all phases of the Designated Project, a
follow-up program to verify the accuracy of the environmental assessment and judge the
effectiveness of the mitigation measures implemented by the Proponent to avoid causing adverse
environmental effects on migratory birds and birds that are listed species at risk, their eggs, nests
and chicks. The follow-up program includes the mitigation measures implemented to satisfy
conditions 4.1 to 4.7. As part of the follow-up program, the Proponent shall:
4.8.1. carry out, prior to construction, an update of the avian fauna inventories completed by
the Proponent and presented in the Sectorial Report 108 of the Environmental Impact
Statement. The Proponent shall submit the inventories to the Agency and to the Cree
Nation Government prior to construction; and
4.8.2. have a qualified individual conduct surveys, every five years from the beginning of
construction, to confirm the presence of migratory birds and birds that are listed species
at risk, including the Canada warbler (Cardellina canadensis), the olive-sided flycatcher
(Contopus cooperi), the rusty blackbird (Euphagus carolinus), the common nighthawk
(Chordeiles minor) and the short-eared owl (Asio flammeus). The Proponent shall have
the surveys conducted in the Designated Project area and the security perimeter and use
the mapping of potential habitats for the species at risk completed by the Proponent as
part of the environmental assessment and identified on Map 7-7 of the Environmental
Impact Statement to locate the inventory stations. The Proponent shall have diurnal
surveys conducted at listening points for the Canada warbler (Cardellina canadensis), the
olive-sided flycatcher (Contopus cooperi) and the rusty blackbird (Euphagus carolinus)
and nocturnal surveys for the common nighthawk (Chordeiles minor) and the short-eared
owl (Asio flammeus).
5. Listed Species at Risk
5.1. The Proponent shall develop, prior to construction and in consultation with the Cree Nation
Government, the Ministère des Forêts, de la Faune et des Parcs and the other relevant
authorities, and implement, during all phases of the Designated Project, an action plan for
caribou. As part of the implementation of the plan, the Proponent shall:
5.1.1. develop mitigation measures to be implemented in case of the presence of caribou in the
Designated Project area, on the access roads to the mine site and within a four-kilometre
radius of the Designated Project area to mitigate the adverse environmental effects of
the Designated Project on caribou caused by sensory disturbances and risks of collisions
18
with vehicles, particularly by modifying the frequency, schedule and conditions of the
mining and ore transportation activities;
5.1.2. offer regular awareness training to all employees and contractors associated with the
Designated Project who may encounter caribou on the precarious situation of the
caribou, on how to detect signs of their presence and on the measures to be
implemented in the event of the presence of caribou or signs of their presence;
5.1.3. implement a communication mechanism between the Proponent and the employees and
contractors associated with the Designated Project to inform the Proponent of the
presence of caribou and to report to employees and contractors associated with the
Designated Project, including ore haul truck drivers, any presence of caribou;
5.1.4. notify the employees and the contractors associated with the Designated Project,
including the ore transportation truck drivers, of any presence of caribou in the
Designated Project area, on the access roads to the mine site and on the Nemiscau-
Eastmain-1 Road;
5.1.5. immediately implement the measures developed pursuant to condition 5.1.1 if the
Proponent notices or is informed of the presence of caribou in the Designated Project
area or on the ore transportation road;
5.1.6. if the Proponent notices or is informed of the presence of caribou within a 500-metre
radius of the Designated Project area, cease all blasting activity and not resume these
activities before confirmation that no caribou is present within a 500-metre radius of the
Designated Project area; and
5.1.7. if the Proponent notices or is informed of the presence of caribou within a four-kilometre
radius of the Designated Project area, immediately implement the measures developed
pursuant to condition 5.1.1 and determine, in consultation with First Nations and
relevant authorities, if modified or additional mitigation measures are necessary, and
inform the tallyman of trapline RE01 of the presence of caribou.
5.2. The Proponent shall develop and implement measures to prevent bears from accessing the waste
containers stored in the Designated Project area. Measures shall include the installation of bear-
proof covers on waste containers and fencing around the waste storage site.
5.3. The Proponent shall conduct a survey to establish the presence of maternity sites and resting sites
within the Designated Project area prior to undertaking any vegetation clearing or building
dismantling activity during the breeding period of the little brown myotis (Myotis lucifugus) or the
Northern myotis (Myotis septentrionalis).
5.4. If maternity sites for the little brown myotis (Myotis lucifugus) or the Northern myotis (Myotis
septentrionalis) are identified pursuant to condition 5.3, the Proponent shall establish a 100-
metre radius protection area around each maternity site and maintain the area for the duration of
the breeding period. For any maternity or resting site for the little brown myotis (Myotis
lucifugus) or Northern myotis (Myotis septentrionalis) identified on a building to be dismantled as
part of the Designated Project, the Proponent shall dismantle the building outside of the breeding
period and install, prior to the dismantling of the building, a shelter to offset the loss of the
maternity or resting site. The Proponent shall maintain the shelter during all phases of the
Designated Project.
19
5.5. The Proponent shall develop, prior to construction and in consultation with Environment and
Climate Change Canada, the Ministère des Forêts, de la Faune et des Parcs, the Cree Nation
Government and First Nations, and implement a follow-up program during all phases of the
Designated Project to verify the accuracy of the environmental assessment and judge the
effectiveness of the mitigation measures to avoid causing adverse environmental effects on
caribou. The follow-up program shall include the mitigation measures implemented to satisfy
conditions 5.1 and 5.2.
5.6. The Proponent shall develop, prior to construction and in consultation with the Cree Nation
Government, First Nations and relevant authorities, a follow-up program to verify the accuracy of
the environmental assessment and determine the effectiveness of the mitigation measures to
avoid harmful effects for the little brown myotis (Myotis lucifugus) and the Northern myotis
(Myotis septentrionalis). The Proponent shall implement the follow-up program during
construction and operation. As part of the implementation of the follow-up program, the
Proponent shall have a qualified individual:
5.6.1. monitor the use of any maternity site and resting site identified pursuant to condition 5.3
during any vegetation clearing or building dismantling activity undertaken during
construction;
5.6.2. monitor, annually during construction and operation, the use and integrity of any shelter
installed pursuant to condition 5.4;
5.6.3. monitor, twice a month during construction and operation, the ambient noise and
nocturnal brightness during the breeding period of the little brown myotis (Myotis
lucifugus) and the Northern myotis (Myotis septentrionalis) at any maternity site and
resting site identified pursuant to condition 5.3; and
5.6.4. perform a characterization of the potential habitat of the little brown myotis (Myotis
lucifugus) and the Northern myotis (Myotis septentrionalis) at the sites where monitoring
is conducted pursuant to conditions 5.6.1 to 5.6.3.
6. Wetlands
6.1. The Proponent shall implement the Designated Project in a manner that avoids adverse
environmental effects of the Designated Project on wetlands and wetland functions. The
Proponent shall favour the maintenance of wetlands and wetland functions over the reduction of
adverse effects on wetlands and wetland functions in the avoidance of adverse effects. Where the
loss of wetlands and their functions cannot be avoided, the Proponent shall favour the mitigation
of adverse effects on wetlands and their functions rather than offsetting the wetlands and their
functions that are affected.
Nation Government, Environment and Climate Change Canada and other relevant authorities, and
implement a wetlands offsetting plan that takes into account the Federal policy on wetland
conservation and Environment and Climate Change Canada’s Operational Framework for Use of
Conservation Allowances for adverse environmental effects of the Designated Project on wetlands
and their functions that cannot be avoided or mitigated pursuant to condition 6.1. The Proponent
shall begin implementation of the wetland offsetting plan before the wetlands have suffered
adverse effects. The offsetting plan includes:
20
6.2.1. a description of the functions of the wetlands to be offset and a summary of the loss of
wetlands and their functions after offsetting; and
6.2.2. a description of the performance indicators used by the Proponent to evaluate the
effectiveness of the offsetting.
6.3. The Proponent shall mitigate the adverse environmental effects of machinery on wetlands during
construction.
6.4. The Proponent shall maintain the drainage profiles of any wetland located within 100 metres of
the Designated Project area.
6.5. The Proponent shall implement measures, during all phases of the Designated Project, to avoid
the introduction or propagation of invasive alien plant species in the Designated Project area. In
doing this, the Proponent shall:
6.5.1. delineate, before construction, areas containing invasive alien plant species within the
Designated Project area;
6.5.2. clean the vehicles and machinery before they enter the Designated Project area; and
6.5.3. clean any vehicle and any machinery that have circulated in any area containing invasive
alien plant species delimited pursuant to condition 6.5.1 before exiting this area.
Nation Government, Environment and Climate Change Canada and other relevant authorities, and
implement, during all phases of the Designated Project, a follow-up program to verify the
accuracy of the environmental assessment for the adverse environmental effects of the
Designated Project on the functions of the wetlands, including the adverse environmental effects
caused by invasive alien plant species, and the effectiveness of the mitigation measures for
wetlands. As part of the implementation of the follow-up program, the Proponent shall:
6.6.1. monitor the presence of invasive alien plant species in the Designated Project area for at
least two years after the end of construction;
6.6.2. monitor the integrity of residual wetlands and their functions during all phases of the
Designated Project;
6.6.3. monitor the effectiveness of the offsetting plan referred to in condition 6.2, including the
establishment and the integrity of any wetland created as part of the offsetting, for at
least five years after the end of construction, and determine, in consultation with the
parties consulted for the development of the follow-up program, whether additional
monitoring is required; and
6.6.4. determine whether modified or additional mitigation measures are required based on
the results of monitoring conducted pursuant to conditions 6.6.1, 6.6.2 and 6.6.3.
7. Cree Health
7.1. The Proponent shall develop, prior to construction and in consultation with First Nations, a
complaint management protocol regarding exposure to noise generated by the Designated
Project, the shared use of the land and resources by First Nations and by the employees and
21
contractors associated with the Designated Project and the quality of resources used for
traditional purposes. The Proponent shall respond to any complaint received within 48 hours after
receipt of the complaint and implement corrective actions in a timely manner. The Proponent
shall develop the corrective actions in consultation with First Nations and the Cree Nation
Government and shall implement the protocol during all phases of the Designated Project. The
Proponent shall provide to First Nations the results of the implementation of the protocol for
noise exposure complaints and the corrective measures implemented in response to these
complaints.
7.2. The Proponent shall not exceed, during operation, the noise limits set out in Directive 019 on the
mining industry and Instruction Note 98-01 on the Processing of Noise Complaints and
Requirements for Companies that Generate Noise of the Ministère de l'Environnement et de la
Lutte contre les changements climatiques.
7.3. The Proponent shall implement, during construction, the Guidelines on noise levels from an
industrial construction site of the Ministère de l'Environnement et de la Lutte contre les
changements climatiques.
Board of Health and Social Services of James Bay and other relevant authorities, a dust
management plan which includes measures to mitigate dust emissions generated by the
Designated Project and to prevent exceedance of the ambient air quality criteria for particulate
matter set out in the National Ambient Air Quality Objectives, the World Health Organisation
guidelines for inhalable particulate matter (PM10) and the Clean Air Regulation for total
particulate matter (TPM). The Proponent shall implement the plan from the start of construction
and during all phases of the Designated Project. The Proponent shall take into account common
climatic conditions conducive to dust emissions (such as dry or windy conditions) when
implementing the measures in the plan. Among these measures, the Proponent shall:
7.4.1. use dust suppressants that comply with standard BNQ 2410‐300 of the Bureau de
Normalisation du Québec to reduce dust lifting and transport beyond the Designated
Project area;
7.4.2. clean or water roads and construction areas to reduce dust lifting and transport beyond
the Designated Project area;
7.4.3. limit, during construction, the speed of transport trucks on roads within the property
limits of the Designated Project area to a speed determined during the development of
the plan that takes into account road conception and potential for dust generation from
road traffic, and require any person to respect this limit;
7.4.4. use drilling equipment fitted with dust control devices and keep these devices in good
working order;
7.4.5. enclose conveyors located outside the plant in sealed structures; and
7.4.6. cover bulk loads of spodumene concentrate in haulage trucks when transporting ore
during operation.
7.5. The Proponent shall identify, prior to blasting activities and in consultation with the relevant
authorities, the conditions under which detonations are likely to generate elevated emissions of
gases, including nitrogen dioxide. The Proponent shall take into account the meteorological
22
conditions and the characteristics of the explosive used when identifying these conditions and
shall implement, in consultation with the relevant authorities, additional mitigation measures
when carrying out blasting activities under these conditions. The Proponent shall provide to the
Agency and to the Cree Nation Government, prior to the commencement of blasting activities, a
description of these conditions and the measures to be implemented if blasting activities are
carried out under these conditions.
7.6. The Proponent shall use amphibolite or any other non-friable and non-clayey aggregate
containing 1% or less of crystalline silica for the construction of the roads associated with the
Designated Project.
7.7. The Proponent shall use dust extraction systems in the crushing circuit, the drying circuit and the
loading silos. The Proponent shall maintain the dust extraction systems in good working order and
maintain the emissions of the dust extractors of the crushing circuit below 20 milligrams per cubic
metre.
7.8. The Proponent shall use electric vehicles for the transport of employees during all phases of the
Designated Project and shall prioritize the use of electric equipment during operation, or
equipment that meets United States Environmental Protection Agency Tier 4 emission standards
if electric equipment is unavailable or its use is not technically or economically feasible. If the
Proponent determines that equipment meeting Tier 4 emission standards is unavailable or its use
is not technically or economically feasible, the Proponent shall submit a justification to the Agency
and to the Cree Nation Government for this determination before using the equipment.
7.9. The Proponent shall develop, prior to construction and in consultation with relevant authorities, a
policy to reduce the fuel consumption of equipment and vehicles associated with the Designated
Project. The Proponent shall apply the policy during all phases of the Designated Project. In doing
so, the Proponent shall:
7.9.1. prohibit idling of all equipment and vehicles in the Designated Project area. The
Proponent shall require and ensure that any person complies with this policy, unless
there are technical constraints related to the operation of the equipment and vehicles or
constraints related to health or safety; and
7.9.2. ensure that truck drivers are trained in effective acceleration and deceleration
management.
7.10. The Proponent shall prohibit blasting, shall not handle any granular material, and shall implement
measures to prevent dust from being kicked up at the pits when, during operation, there are high
wind conditions directed towards the Cree camp located approximately 4.5 km southeast of the
Designated Project area on the Nemiscau Eastmain-1 Road and identified in Figure 3 of the
Environmental Assessment Report.
7.11. The Proponent shall dispose of wood waste and debris by shredding, unless it is not technically or
economically feasible to do so.
7.12. The Proponent shall use white noise backup alarms for the vehicles and equipment associated
with the Designated Project.
23
Board of Health and Social Services of James Bay, Health Canada and other relevant authorities, a
follow-up program to verify the accuracy of the environmental assessment and the effectiveness
of the mitigation measures as it pertains to adverse environmental effects to human health
caused by changes to air quality, water quality and soil quality caused by the Designated
Project. As part of the implementation of the follow-up program, the Proponent shall:
7.13.1. determine, in consultation with the relevant authorities and taking into account the
management mechanism for air zones and the Canadian Ambient Air Quality Standards
management levels of the Canadian Council of Ministers of the Environment, the
thresholds above which modified or additional mitigation measures are required;
7.13.2. monitor, during construction and operation, total particulate matter (TPM), fine
particulate matter (PM2.5), inhalable particulate matter (PM10) and crystalline silica at no
less than one location in the Designated Project area and a location determined in
consultation with the parties consulted for he development of the follow-up program;
7.13.3. monitor nitrogen dioxide emissions during blasting activities and when using other
sources of nitrogen dioxide where equipment complying with the Group 4 emission
standards is not available or its use is not technically or economically feasible, as
determined pursuant to condition 7.8; and
7.13.4. develop and implement modified or additional mitigation measures if the results of the
monitoring referred to in conditions 7.13.1, 7.13.2 and 7.13.3 demonstrate that modified
or additional mitigation measures are required.
7.14. The Proponent shall develop, prior to construction and in consultation with First Nations, Health
Canada, the Cree Board of Health and Social Services of James Bay and other relevant authorities,
a follow-up program to verify the adequacy of the environmental assessment and to determine
the effectiveness of mitigation measures with respect to adverse environmental effects on human
health caused by the Designated Project. As part of the implementation of the follow-up program,
the Proponent shall:
7.14.1. update, taking into account the results of monitoring carried out pursuant to
conditions 3.19, 3.20 and 3.22, the assessment of the risk of contamination of traditional
foods conducted by the Proponent and presented in Appendix CEAA-136 of the Response
to Information Request on the Environmental Impact Assessment (Canadian Impact
Assessment Registry, reference number 80005, document number 22). If the results of
the monitoring conducted pursuant to conditions 3.19, 3.20 and 3.22 show
concentrations exceeding criterion A of Quebec’s Guide d'intervention – Protection des
sols et réhabilitation des terrains contaminés, or exceeding the concentrations predicted
in the assessment of the risk of contamination of traditional food, the Proponent shall:
7.14.1.1. inform First Nations of measured exceedances;
7.14.1.2. determine, in consultation with Health Canada, First Nations and the Cree Board
of Health and Social Services of James Bay, whether modified or additional
mitigation measures are required; and
7.14.1.3. determine, in consultation with Health Canada, First Nations and the Cree Board
of Health and Social Services of James Bay, whether monitoring of contaminants
in traditional food is required. If monitoring is required, the Proponent shall
have a qualified person, in consultation with First Nations, carry out the
24
monitoring of contaminant levels in foods taken from the wild. The Proponent
shall identify the foods to be monitored, the locations where monitoring is to be
carried out, the frequency with which monitoring is to be carried out and the
contaminants to be monitored, which shall include, at a minimum, arsenic,
cadmium, mercury and lead.
8. Current Use of Lands and Resources for Traditional Purposes
8.1. The Proponent shall develop, in consultation with First Nations, Fisheries and Oceans Canada and
other relevant authorities, a plan to recover the fish before the dewatering of Lake 1. The
Proponent shall discuss, as part of the development of the plan, with First Nations about the
opportunities for each First Nation to participate in the recovery of fish, and allow their
participation in the recovery. As part of the implementation of the plan, the Proponent shall
recover the fish, offer them to First Nations and relocate any fish not used by First Nations. The
Proponent shall conserve fish in a manner that allows for their consumption by First Nations or,
for any fish not used by First Nations, their relocation.
8.2. The Proponent shall develop and implement, in consultation with the tallyman of trapline RE01, a
beaver management plan to mitigate the adverse environmental effects of the Designated Project
on beaver trapping activities for First Nations. As part of the implementation of the management
plan, the Proponent shall allow intensive beaver trapping within the safety perimeter, at least one
winter before the beginning of construction, and provide the tallyman with the necessary
equipment for these beaver trapping activities.
8.3. The Proponent shall replace, in consultation with the tallyman of trapline RE01, the camp
identified on Map 3 of the Environmental Impact Statement. The Proponent shall, at the request
of the tallyman of trapline RE01, provide access, at the new camp location, to a source of water of
equivalent or better quality than that available at the camp identified on Map 3 of the
Environmental Impact Statement.
8.4. The Proponent shall develop, prior to construction and in consultation with First Nations and the
First Cree Nation of Waswanipi, technically and economically feasible transportation scenarios.
The Proponent shall select, in consultation with First Nations and the First Cree Nation of
Waswanipi, the preferred scenario and develop and implement a management plan for
transportation activities associated with the Designated Project during all phases of the
Designated Project. The Proponent shall provide the final plan to the Agency, to the Cree Nation
Government, to First Nations and to the First Cree Nation of Waswanipi. The Proponent shall
update the plan at a frequency determined in consultation with First Nations and the First Cree
Nation of Waswanipi and present the updated plan to the Agency, to the Cree Nation
Government, to First Nations and to the First Cree Nation of Waswanipi. The plan shall include:
8.4.1. the frequency of heavy trucks and vehicles for the transport of employees at the
different days of the week and at different times of the day;
8.4.2. measures to mitigate the adverse environmental effects of road traffic associated with
the Designated Project on First Nations traditional activities practised near the
Designated Project area, including the presence of Cree camps;
25
8.4.3. the selection, through a tender process, of third-party ore hauling contractors whose
trucks meet the criteria identified in consultation with First Nations and the First Cree
Nation of Waswanipi, including truck width and model. If third-party ore hauling
contractor that meets the criteria is not available or its use is not technically or
economically feasible, the Proponent shall provide a rationale for that determination to
the Agency, to the Cree Nation Government, to First Nations and to the First Cree Nation
of Waswanipi;
8.4.4. a complaint management protocol regarding transportation activities associated with the
8.4.5. the use by employees and contractors associated with the Designated Project of radio
communication systems in the transport trucks associated with the Designated Project.
8.5. The Proponent shall develop and implement, in consultation with First Nations, measures to
mitigate the effects of the Designated Project on the current use of lands and resources for
traditional purposes. In doing so, the Proponent shall:
8.5.1. carry out a maximum of one blasting per five days and 100 round-trip transport truck
passage per week, distributed so as not to exceed 15 round trip truck passages per day,
during goose and moose hunting periods. The Proponent shall confirm the beginning and
end of each hunting period in consultation with First Nations and the First Cree Nation of
Waswanipi; and
8.5.2. perform blasting activities in the open pit only between 10:00 a.m. and 4:00 p.m. and
present the schedule of blasting activities to Hydro-Québec.
8.6. The Proponent shall undertake the progressive reclamation of the areas disturbed by the
Designated Project, except for the pit. In doing this, the Proponent shall:
8.6.1. identify, in consultation with relevant authorities and tallymen of traplines RE01, R16 and
R19, the plant species to be used for the revegetation necessary for the progressive
reclamation and that support the creation of favourable habitat for migratory birds and
listed species at risk, including caribou; and
8.6.2. update, prior to construction, the initial soil characterisation carried out as part of the
environmental assessment and presented in Volume 2 of Sectoral Report 3 of the
Environmental Impact Statement, for inorganic and organic substances likely to be
emitted or released by activities associated with the Designated Project, including
tantalum, taking into account the Guide de caractérisation physico-chimique de l’état
initial des sols avant l’implantation d’un projet industriel (2015) of the Ministère de
l’Environnement et de la Lutte contre les changements climatiques.
8.7. The Proponent shall prohibit, during all phases of the Designated Project, any person from fishing,
hunting, trapping and to be in possession of firearms or hunting, trapping or fishing equipment in
the security perimeter for any purpose not associated with the Designated Project or the
implementation of conditions set out in this Decision Statement, except where that person is
accessing the security perimeter for cultural purposes or to exercise Aboriginal rights, provided
that such access and exercise is safe and subject to the procedures developed pursuant to
condition 8.8.
8.7.1. The Proponent shall locate the visitor parking area within the security perimeter.
26
procedures for accessing the security perimeter pursuant to condition 8.7. The Proponent shall
notify First Nations, in a timely manner, if the Proponent must temporarily prohibit access to the
security perimeter or any portion thereof for security reasons during any phase of the Designated
Project.
8.9. The Proponent shall develop, in consultation with the tallyman of trapline RE01, a mine
decommissioning plan. The Proponent shall provide the final decommissioning plan approved by
the Ministère de l’Énergie et des Ressources naturelles and the expected residual changes to the
territory to the Cree Nation of Eastmain and to the tallymen of trapline R10 of the First Nation of
Waskaganish and traplines R16 and R19 of the Cree Nation of Nemaska.
8.10. The Proponent shall develop, prior to construction, a communication plan to disseminate
information regarding the Designated Project to First Nations and the First Cree Nation of
Waswanipi. The Proponent shall develop, implement and annually review the communication
plan in consultation with First Nations, the Cree users of traplines RE01, R16, R19, R10, the Cree
Board of Health and Social Services of James Bay and the Cree Nation Government. As part of the
development of the communication plan, the Proponent shall determine the activities, needs and
issues requiring a communication to First Nations and the First Cree Nation of Waswanipi, the
communications methods used, the schedule of these communications and the responsibilities of
each party. As part of the implementation of the communication plan, the Proponent shall
communicate the results of the follow-up programs referred to in conditions 3.19, 3.20, 3.21,
3.22, 3.23, 3.24, 4.8, 5.5, 5.6, 6.6, 7.13, 7.14, 8.11 and 8.12 to the Cree users of traplines RE01,
R16, R19 and R10, to First Nations and to the First Cree Nation of Waswanipi.
8.11. The Proponent shall develop, prior to construction and in consultation with First Nations, a follow-
up program to verify the accuracy of the environmental assessment and the effectiveness of the
mitigation measures as it pertains to adverse environmental effects of the Designated Project on
the current use of lands and resources for traditional purposes, including cumulative effects. As
part of the development of the follow-up program, the Proponent shall characterize the state of
the valued resources of traplines RE01, R10, R16 and R19. The Proponent shall implement the
follow-up program prior to construction, during construction and during at least the first six years
of operation and determine, before the end of the sixth year of operation and in consultation
with First Nations and the tallymen of trapline RE01 of the Cree Nation of Eastmain, trapline R10
of the First Nation of Waskaganish and traplines R16 and R19 of the Cree Nation of Nemaska, if
additional monitoring is required after the sixth year of operation and the frequency at which this
monitoring must be performed. As part of the implementation of the follow-up program, the
Proponent shall:
8.11.1. consult, prior to construction, with users of traplines RE01, R10, R16 and R19 on goose,
moose and lake sturgeon harvest rates, harvest quality, quality of use of traplines and
access to traplines via the Nemiscau-Eastmain-1 road and the Route du Nord during
goose and moose hunting periods;
8.11.2. consult with users of traplines RE01, R10, R16 and R19 on the adverse environmental
effects of the Designated Project on traditional trapping and fishing activities, including
harvest rates for geese, moose and lake sturgeon, harvest quality and access to camps
and traplines via the Nemiscau-Eastmain-1 road and the Route du Nord during goose and
moose hunting periods;
27
8.11.3. consult with users of traplines RE01, R10, R16 and R19 on the adverse environmental
effects of blasting and haul truck traffic associated with the Designated Project on the
quality of use of traplines RE01, R10, R16 and R19, including access to traplines, goose
and moose harvest rates and harvest quality;
8.11.4. determine if modified or additional mitigation measures are necessary according to the
results of the consultation conducted pursuant to conditions 8.11.2 and 8.11.3; and
8.11.5. provide the results of the follow-up program to First Nations, the Agency and the Cree
Nation Government.
Environment and Climate Change Canada and other relevant authorities, a follow-up program to
determine the effectiveness of the progressive reclamation referred to in condition 8.6. The
Proponent shall conduct monitoring for a minimum of five years following the completion of
decommissioning. As part of the implementation of the follow-up program, the Proponent shall:
8.12.1. monitor soil stability and the growth and diversification of plant species used for
revegetation; and
8.12.2. characterize, during decommissioning, soils for all inorganic and organic substances likely
to be emitted or released from activities associated with the Designated Project,
including tantalum. If the results of the characterization differ from the results of the
characterization conducted pursuant to condition 8.6.2, the Proponent shall determine,
in consultation with relevant authorities, whether modified or additional mitigation
measures are required. The Proponent shall implement any necessary modified or
additional mitigation measure.
9. Physical and Cultural Heritage and Structures, Sites or Things of Historical, Archaeological,
Paleontological or Architectural Significance
9.1. The Proponent shall conduct, prior to construction and in consultation with First Nations, an
assessment of the adverse environmental effects in the areas presenting archaeological potential
identified in Chapter 6.3 of the Environmental Assessment Report before conducting any activity
disturbing the soil in these areas. The Proponent shall present the results of the assessment of
adverse environmental effects to the Agency and to the Cree Nation Government before the start
of construction. The Proponent shall apply the archaeological and cultural resources protection
plan referred to in condition 9.2 to the construction, sites or things of historical, archaeological,
paleontological or architectural importance or to the physical or cultural heritage resources
discovered in the Designated Project area.
relevant authorities, an archaeological and cultural resources protection plan for any
construction, site or thing of historical, archaeological, paleontological or architectural
importance not yet inventoried and discovered in the Designated Project area. The Proponent
shall submit the final archaeological and cultural resource protection plan to First Nations prior to
the commencement of its implementation. The Proponent shall implement the plan during all
phases of the Designated Project. As part of the implementation of the plan, the Proponent shall:
28
9.2.1. inform the employees and contractors associated with the Designated Project about the
procedure set out in condition 9.2.2 to be followed in case of accidental discoveries;
9.2.2. develop a procedure and apply it in the event that constructions, sites or things of
historical, archaeological, paleontological or architectural importance not yet inventoried
are discovered by the Proponent or brought to the Proponent’s attention by another
party during any phase of the Designated Project. In doing so, the Proponent shall:
9.2.2.1. immediately stop the work at the site of the discovery, except for the work
necessary for protection of the discovery’s integrity;
9.2.2.2. delineate an area of at least 30 metres around the discovery as a no-work zone;
9.2.2.3. inform the Agency, the tallyman of trapline RE01, the Cree Nation Government,
First Nations, the Aanischaaukamikw Cree Cultural Institute, the Ministère de la
Culture et des Communications and any other relevant authority within 24
hours of the discovery, and allow the tallyman of trapline RE01 and the
Aanischaaukamikw Cree Cultural Institute to monitor the archaeological work at
the site of the discovery;
9.2.2.4. give a qualified person, who is an archaeologist, the responsibility for
conducting an assessment at the site of the discovery in accordance with the
Cultural Heritage Act; and
9.2.2.5. consult First Nations and relevant authorities on all applicable legislative or legal
requirements and associated regulations and protocols with respect to the
discovery, registration, transfer and safeguarding of construction, sites or things
of historical, archaeological, paleontological or architectural importance not yet
inventoried, and comply with them.
9.3. The Proponent shall develop, prior to construction and in consultation with First Nations and the
Department of Social and Cultural Development of the Cree Nation Government, a Cree place
name glossary which identifies in the Cree language geographic locations within the Designated
Project area. In doing so, the Proponent:
9.3.1. identify in the glossary the existing Cree place names of geographic locations within the
Designated Project area. For any location that does not have an existing Cree place name
and for which First Nations or the Department of Social and Cultural Development of the
Cree Nation Government are of the opinion that a place name is required, the Proponent
shall determine a Cree place name for that location in consultation with the Department
of Social and Cultural Development of the Cree Nation Government and First Nations,
and shall include the place name in the glossary;
9.3.2. provide to the Agency, to the Department of Social and Cultural Development of the Cree
Nation Government and to First Nations, prior to construction, the glossary and a map of
the Designated Project area which includes all Cree place names identified in the glossary
and which shows the general layout of the Designated Project infrastructures; and
9.3.3. include the Cree place names identified in the glossary on any map produced by the
Proponent for the Designated Project.
29
10. Independent Environmental Monitor
10.1. The Proponent shall retain, prior to construction and in consultation with First Nations, the
services of an Independent Environmental Monitor, who is a qualified individual as it pertains to
environmental monitoring in Quebec, to observe and record the implementation of the follow-up
programs set out in this Decision Statement for the duration of each of the follow-up program,
and to report the results of the observations to the Proponent, the Agency and the Cree Nation
Government.
10.2. The Proponent shall require the Independent Environmental Monitor to report to the Proponent,
in writing, on the implementation, throughout their duration, of the follow-up programs set out in
this Decision Statement. The Proponent shall also require the Independent Environmental
Monitor to recommend to the Proponent, in writing, the measures that the Independent
Environmental Monitor considers appropriate for the Proponent to implement to meet the
requirements of the follow-up programs set out in this Decision Statement
10.3. The Proponent shall require the Independent Environmental Monitor to submit to the Agency and
to the Cree Nation Government, at a frequency determined in consultation with the Agency and
the Cree Nation Government, the reports submitted to the Proponent pursuant to condition 10.2
at the same time the Proponent receive the reports.
The Proponent shall require the Independent Environmental Monitor to retain the reports
referred to in condition 10.2 during five years after their submission to the Agency and to the
Cree Nation Government pursuant to condition 10.3.
11. Accidents and Malfunctions
11.1. The Proponent shall take all reasonable measures to prevent accidents and malfunctions that may
result in adverse environmental effects and to mitigate any adverse environmental effect from
accidents and malfunctions that do occur. As part of these measures, the Proponent shall:
11.1.1. keep emergency kits for the recovery of petroleum products and hazardous materials
readily accessible at all times on the worksite, as well as absorbent materials in each
construction equipment; and
11.1.2. delineate confined and out-of-pit and off-road petroleum product transfer areas.
11.2. The Proponent shall consult, prior to construction, First Nations and relevant authorities on the
measures to be implemented to prevent accidents and malfunctions.
11.3. The Proponent shall develop, prior to construction and in consultation with First Nations, the First
Cree Nation of Waswanipi and relevant authorities, an accident and malfunction response plan in
relation to all phases of the Designated Project. The accident and malfunction plan shall include:
11.3.1. a description of the types of accidents and malfunctions that may cause adverse
environmental effects during any phase of the Designated Project;
11.3.2. the measures to be implemented in response to each type of accident and malfunction
referred to in condition 11.3.1 to mitigate any adverse environmental effect caused by
the accident or malfunction; and
30
11.3.3. a map identifying where the mitigation measures referred to in condition 11.3.2 should
be implemented;
11.3.4. for each type of accident and malfunction referred to in condition 11.3.1, the roles and
responsibilities (including in terms of measures to be implemented and equipment to be
mobilized) of each authority concerned participating in the response in case of accident
or malfunction.
11.4. The Proponent shall maintain the accident and malfunction response plan referred to in
condition 11.3 up-to-date during all phases of the Designated Project and shall keep a copy in
view of all employees associated with the Designated Project. The Proponent shall submit any
updated accident and malfunction response plan to the Agency, to the Cree Nation Government
and to the parties being consulted for the development of the plan within 30 days of the plan
being updated.
11.5. In the event of an accident or malfunction with the potential to cause adverse environmental
effects, including an accident or a malfunction referred to in condition 11.3.1, the Proponent shall
immediately implement the measures appropriate to respond to the accident or malfunction,
including any measure referred to in condition 11.3.2, and shall:
11.5.1. implement the communication plan referred to in condition 11.6 as it relates to accidents
and malfunctions;
11.5.2. notify relevant authorities with responsibilities related to emergency response (including
environmental emergencies) in accordance with applicable regulatory and legislative
requirements;
11.5.3. notify, as soon as possible and pursuant to the communication plan referred to in
condition 11.6, First Nations, the First Cree Nation of Waswanipi, the Cree Nation
Government and any other party referred to in condition 11.6 of the accident or
malfunction, and notify the Agency in writing no later than 24 hours following the
accident or malfunction. When notifying the First Nations, the First Cree Nation of
Waswanipi, the Cree Nation Government, any other party referred to in condition 11.6
and the Agency, the Proponent shall specify:
11.5.3.1. the date and time when and location where the accident or malfunction
occurred;
11.5.3.2. a summary description of the accident or malfunction; and
11.5.3.3. a list of any substance potentially released into the environment as a result of
the accident or malfunction;
11.5.4. submit a written report to the Agency and to the Cree Nation Government no later than
30 days after the day on which the accident or malfunction occurred. The written report
shall include:
11.5.4.1. a detailed description of the accident or malfunction and of its adverse
environmental effects;
11.5.4.2. a description of the measures that were taken by the Proponent to mitigate the
adverse environmental effects caused by the accident or malfunction;
11.5.4.3. any view from First Nations and potentially affected parties and advice from
relevant authorities received with respect to the accident or malfunction, its
31
adverse environmental effects and the measures taken by the Proponent to
mitigate these adverse environmental effects;
11.5.4.4. a description of any residual adverse environmental effect and any modified or
additional measure required by the Proponent to mitigate residual adverse
environmental effects; and
11.5.4.5. details concerning the implementation of the accident or malfunction response
plan referred to in condition 11.3;
11.5.5. submit a written report to the Agency and to the Cree Nation Government no later than
90 days after the day on which the accident or malfunction occurred that includes a
description of the changes made to avoid a subsequent occurrence of the accident or
malfunction and of the modified or additional measure(s) implemented by the Proponent
to mitigate and monitor residual adverse environmental effects and to carry out any
required progressive reclamation, taking into account the information submitted in the
written report pursuant to condition 10.5.3. The report shall include all additional views
from First Nations and potentially affected parties and advice from relevant authorities
received by the Proponent since the views and advice referred to in condition 11.5.3.3
were received by the Proponent.
11.6. The Proponent shall develop, in consultation with First Nations and the First Cree Nation of
Waswanipi, a communication plan for accidents and malfunctions occurring in relation to the
Designated Project. The Proponent shall develop the communication plan prior to construction
and shall implement and keep it up-to-date during all phases of the Designated Project. The plan
shall include:
11.6.1. the types of accidents and malfunctions requiring the Proponent to notify First Nations,
the First Cree Nation of Waswanipi and any other party that must be notified of an
accident or malfunction;
11.6.2. the manner by which First Nations, the First Cree Nation of Waswanipi and any other
party referred to in condition 11.6.1 shall be notified by the Proponent of an accident or
malfunction and of any opportunity to assist in the response to the accident or
malfunction; and
11.6.3. the contact information of the representatives of the Proponent that First Nations, the
First Cree Nation of Waswanipi and any other party referred to in condition 11.6.1 may
contact, and of the representatives of each Nation, of the First Cree Nation of Waswanipi
and of any other party referred to in condition 11.6.1 to which the Proponent shall
provide notification.
12. Schedules
12.1. The Proponent shall provide to the Agency and to the Cree Nation Government a schedule for all
conditions set out in this Decision Statement no later than 60 days prior to the start of
construction. This schedule shall detail all activities planned to fulfill each condition set out in this
Decision Statement and the commencement and estimated completion month(s) and year(s) for
each of these activities.
12.2. The Proponent shall provide to the Agency and to the Cree Nations Government a schedule
outlining all activities required to carry out all phases of the Designated Project no later than 60
32
days prior to the start of construction. The schedule shall indicate the commencement and
estimated completion month(s) and year(s) and duration of each of these activities.
12.3. The Proponent shall provide to the Agency and to the Cree Nations Government in writing an
update to schedules referred to in conditions 12.1 and 12.2 every year no later than March 31.
12.4. The Proponent shall provide First Nations with the schedules referred to in conditions 12.1 and
12.2, and any update to the initial schedule made pursuant to condition 12.3 at the same time the
Proponent provides these documents to the Agency and to the Cree Nation Government.
13. Record Keeping
13.1. The Proponent shall maintain all records relevant to the implementation of the conditions set out
in this Decision Statement. The Proponent shall provide the aforementioned records to the
Agency and to the Cree Nation Government upon demand within a timeframe specified by the
Agency or the Cree Nation Government.
13.2. The Proponent shall retain all records referred to in condition 13.1 at a facility in Canada and shall
provide the address of the facility to the Agency and to the Cree Nation Government. The
Proponent shall notify the Agency at least 30 days prior to any change to the physical location of
the facility where the records are retained, and shall provide to the Agency and to the Cree Nation
Government the address of the new location.
13.3. The Proponent shall notify the Agency of any change to the contact information of the Proponent
which is included in this Decision Statement.
Issuance
This Decision Statement is issued in Ottawa, Ontario, by:
<Original signed by> August 10, 2021

______________________________ Date ______________________
The Honourable Jonathan Wilkinson
Minister of the Environment
33

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Decision Statement

Issued under Section 54 of the Canadian Environmental Assessment Act, 2012

1080, Côte du Beaver Hall, Suite 2101

Description of the Designated Project

Conduct of the environmental assessment

Decision on environmental effects referred to in subsection 5(1) of the Canadian Environmental

Decision on environmental effects referred to in subsection 5(2) of the Canadian Environmental

Decision Statement under the Impact Assessment Act

Consultation with First Nations

1.1. Agency means the Impact Assessment Agency of Canada.

1.5. Days means calendar days.

1.11. Environmental assessment means “environmental assessment” as defined in subsection 2(1) of

1.40. Structure, site or thing of historical, archaeological, paleontological or architectural significance

Change to the Designated Project

3. Fish and Fish Habitat

3.22.1. monitor tantalum concentrations in soils during operation and decommissioning;

5. Listed Species at Risk

8. Current Use of Lands and Resources for Traditional Purposes

11. Accidents and Malfunctions

13. Record Keeping

This Decision Statement is issued in Ottawa, Ontario, by:

<Original signed by> August 10, 2021

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