Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act: SOR/2024-102

Canada Gazette, Part II, Volume 158, Number 12

Registration
SOR/2024-102 May 27, 2024

CANADIAN NAVIGABLE WATERS ACT

P.C. 2024-578 May 24, 2024

Whereas the Minister of Transport has received an application to exempt Kapisikama Lake, located in Quebec, from the application of section 23footnote a of the Canadian Navigable Waters Act footnote b;

And whereas the Governor in Council is satisfied that this exemption would be in the public interest;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act under subsection 24(1)footnote a of the Canadian Navigable Waters Act footnote b.

Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act

Exemption

Kapisikama Lake

1 Kapisikama Lake, which is located in Quebec and whose location and description are set out in the table to this section, is exempt from the application of section 23 of the Canadian Navigable Waters Act.

TABLE

Column 1

Approximate Location

Column 2

Description
52°14′22″ N, 77°04″29″W The lake’s water boundary includes the mouths of all connecting waterways

Coming into Force

Publication

2 This Order comes into force on the day on which it is published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Galaxy Lithium (Canada) Inc. (the proponent) is engaged in the construction, operation and eventual decommissioning of an open pit lithium mine in Quebec, in the James Bay region. During the construction phase, a temporary concrete plant, necessary for the construction of the infrastructures, would be fed by water pumped directly from Kapisikama Lake. This dewatering would lead to the lowering of the water table, which could lower the water level of the lake. Additionally, in the mining stage, to prevent water being in, or flowing into, the proposed open-pit mine site, water will need to be pumped out of, and away from, the proposed open pit. Pit dewatering will alter the groundwater flow regime, gradually dewatering Kapisikama Lake. The use of Kapisikama Lake would be permanently lost due to the location of the pit.

Subsection 23(1) of the Canadian Navigable Waters Act (CNWA) prohibits taking any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question. Under the CNWA, dewatering a navigable water that extinguishes navigation is prohibited unless the Minister of Transport receives an application for an exemption and the Governor in Council (GiC) exempts by order from the application of section 23 the navigable water because he or she is satisfied that it would be in the public interest.

The proponent submitted an application for an exemption order to allow the dewatering of Kapisikama Lake in June of 2022. Through a detailed review and analysis of the proponent’s request for an exemption of Kapisikama Lake from the application of subsection 23(1) of the CNWA, Transport Canada (TC) is of the view that it would be in the public interest to permit the dewatering.

First, between 2011 and 2023, local Indigenous communities that will be directly impacted were consulted on the overall project, including on the dewatering that is the subject of this exemption order. During these consultations, Indigenous communities did not raise concerns regarding navigation on Kapisikama Lake. Consultations included input from TC Navigation Protection Program (NPP) regarding the dewatering of Kapisikama Lake. TC NPP concluded that the dewatering of Kapisikama Lake would not require any specific mitigation measures to respond to the loss of navigability, because Kapisikama Lake is not currently being used because access to the areas where traditional Indigenous activities are practised now occur by means other than navigation, such as all-terrain vehicles (ATVs). Consequently, the dewatering is not expected to significantly disrupt access to the territory.

Second, the installation and operation of the mine will create jobs, which is expected to benefit the local economy. The proponent estimates that the project would require 280 workers during the construction phase, which is expected to last 1.5 years, and an annual average of 167 workers during the operation of the mine, which is expected to take place for 18.5 years.

Finally, the mining project itself will help facilitate obtaining the raw materials needed to manufacture essential parts for zero-emission vehicles (ZEVs), thereby contributing to ZEV availability. The use of ZEVs will support Canada’s transition away from vehicles that depend on internal combustion engines (or gas vehicles), which contribute to air pollution.footnote 1 Consequently, ZEVs are expected to contribute to an overall reduction in harmful air pollutants, thus offering improved air quality, compared to gas vehicles.footnote 2

Pursuant to subsection 24(1) of the CNWA, an exemption order is required to allow the dewatering of Kapisikama Lake.

Background

Canadian Navigable Waters Act

Canada’s waterways support many critical functions, including the shipment of goods, transportation, and various recreational activities. Consequently, protecting the public right to navigate on Canada’s waterways is important to facilitate safe business and recreational transportation.

Navigable waters are defined in the CNWA as a “body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and (a) there is public access, by land or by water; (b) there is no such public access, but there are two or more riparian owners; or (c) Her Majesty in right of Canada or a province is the only riparian owner.”

Kapisikama Lake was determined to be navigable under the CNWA because it has been used for navigation purposes in the past by small craft vessels, to get to areas where traditional Indigenous activities, including beaver trapping, occurred.

The CNWA protects the public’s common law right to navigation by prohibiting the construction, placement, alteration, rebuilding, removal, or decommissioning of a “work” (such as a dam or bridge) in, on, over, under, through or across any navigable water. However, these activities may be permitted when done in accordance with the requirements of the CNWA.

The CNWA also prohibits, among other things, the dewatering of any navigable waters, when navigation is extinguished, unless the Minister of Transport receives a request for an exemption from the application of section 23 of the CNWA and, pursuant to subsection 24(1), the GiC is satisfied that an exemption from the application of section 23 to permit the dewatering of any rivers, streams, or waters, in whole or in part, would be in the public interest.

Transport Canada — Navigation Protection Program

TC’s NPP is responsible for keeping navigable waters open for commercial, recreational, and Indigenous transportation through administering and enforcing the CNWA and its regulations. Under the CNWA, the TC NPP approves and sets terms and conditions for proposed “works” in navigable waters.

A “work” includes any structure, device, or thing — temporary or permanent — made by humans that is in, on, over, under, through or across any navigable waters. Works can be small like docks, or large like dams.

In practical terms, TC NPP is responsible for the intake of an application for an exemption that would permit dewatering a navigable water. After receiving this application for an exemption, TC NPP assesses the navigation impacts that could result from the proposed prohibited activity, such as dewatering that extinguishes navigation.

Cree Nation of Eastmain territory

The mining project is in the administrative region of Nord-du-Québec, in the Eeyou Istchee James Bay territory, more specifically on the traditional lands of the Cree Nation of Eastmain (population: 1 589), in Quebec near James Bay.

The James Bay territory is a vast area, mainly composed of the boreal forest. The predominant employers are the Regional Governments as well as construction, health care and education services.

The mine site is located approximately ten kilometres south of the Eastmain River and 100 km east of James Bay and the Cree Nation village of Eastmain. The project is located within the Cree Nation of Eastmain’s territory, which includes a trapline area, mainly used for beaver trapping, under the Cree Nation of Eastmain’s care.

The mining project is located in a wetland area that consists of marshes and rocky surfaces. Kapisikama Lake is surrounded by marsh and there are no infrastructure or access roads connecting to the lake. Kapisikama Lake is accessible by foot or by all-terrain vehicles. In addition, the dewatering of Kapisikama Lake will not affect the trapline.

James Bay Lithium Mining Project

The proponent is engaged in the construction, operation and eventual decommissioning of an open pit lithium mine in the Cree Nation of Eastmain Territory. During the construction phase, a temporary concrete plant, necessary for the construction of the infrastructures, will be fed by water pumped directly from Kapisikama Lake. This dewatering will lead to the lowering of the water table, which is expected to lower the water level of the lake.

Additionally, in the mining stage, to prevent water being in, or flowing into, the proposed open-pit mine site, water will need to be pumped out of, and away from, the proposed open pit. Pit dewatering will alter the groundwater flow regime, gradually dewatering Kapisikama Lake. The use of Kapisikama Lake is expected to be permanently lost due to the location of the pit.

Kapisikama is the only lake that would be directly impacted by the installation and operation of the mine.

A full environmental assessment was conducted in accordance with the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and an environmental impact statement for technical and public review was prepared.

On January 13, 2023, the Minister of the Environment determined that the proposed mining project is not likely to cause significant adverse environmental effects, subject to conditions with which the proponent must comply. The Minister of the Environment’s Decision Statement established 271 legally binding conditions with which the proponent must comply throughout the life of the project.

Objective

The purpose of this initiative is to exempt, by order, Kapisikama Lake from the application of subsection 23(1) of the CNWA. Once the exemption order is in force, the proponent will have authorization to dewater Kapisikama Lake, thereby enabling and facilitating the proponent’s mining operations.

Description

An order in council, pursuant to subsection 24(1) of the CNWA, exempts Kapisikama Lake, located in Quebec, from the application of subsection 23(1) of the CNWA. As a result, this exemption order will permit dewatering to reduce water levels in Kapisikama Lake to facilitate mining operations. The dewatering will result in making navigation impracticable.

A map identifying the waterbody is publicly available on TC’s NPP External Submission Website, with general information about the mining project.

Regulatory development

Consultation

Indigenous and public consultations were carried out; however, Indigenous communities were the primary impacted communities and were the primary focus of consultations. The Cree Nation in the James Bay region is directly impacted by the exemption order. The Cree Nation has exclusive trapping rights of fur-bearing animals, and exclusive hunting rights for certain species of animals.

Several consultations with the Cree Nation occurred between 2011 and 2023, including (1) project consultations by the proponent; (2) direct consultation with the Cree Nation by TC; and (3) Indigenous/Public consultations through the Federal Environmental Assessment Process by the Impact Assessment Agency of Canada (IAAC).

Since Indigenous communities were the primary impacted communities and were the primary focus of consultations, consultation details relevant to the exemption order are outlined below under the “Modern treaty obligations and Indigenous engagement and consultation” section.

During the environmental assessment, the IAAC considered the advice of government experts. Through the environmental assessment process, TC collaborated with IAAC, Environment and Climate Change Canada (ECCC), Fisheries and Oceans Canada, Health Canada, Natural Resources Canada, Public Services and Procurement Canada, the Cree Board of Health and Social Services of James Bay, and the ministère des Forêts, de la Faune et des Parcs du Québec through providing advice in evaluating public interest considerations and by providing input on mitigation measures generated.footnote 3 This advice and collaboration with other government experts were considered and used to establish the 271 legally binding conditions that will ensure that the project is unlikely to cause significant adverse effects. During this process, no other government departments expressed concerns with respect to this exemption order.

Exemption from prepublication in the Canada Gazette, Part I

Under the exemption order, the proponent will be permitted to dewater one navigable water, Kapisikama Lake, in the James Bay region of Quebec to extract lithium, which is a raw material used in the production of zero-emission vehicles, such as electric or hybrid cars.

Prepublication is intended to provide a final opportunity for comments on proposed regulations, determine whether any stakeholders were missed in the consultative process, and examine the extent to which the proposal is in keeping with the original consultations. Local communities are those most directly impacted by mining projects and as a result, those most in need of being engaged through consultations.

Between 2011 and 2023, local Indigenous communities, being those directly impacted, were consulted by the project proponent, the IAAC (including through a panel comprised of members selected by the Indigenous communities impacted), and by TC, on the overall proposed project, including on the dewatering that is the subject of the exemption order.

James Bay Mining Project — Environmental assessment

In June of 2019, IAAC and the Cree Nation Government signed an agreement under the Canadian Environmental Assessment Act, 2012, concerning the environmental assessment of the Rose Lithium-Tantalum and James Bay Lithium Mining Projects (the Agreement). As a result, the proposed mine fell under the CEAA 2012 as opposed to the Impact Assessment Act, 2019. The IAAC conducted an environmental assessment of the mining project in accordance with the requirements of the CEAA 2012.

In accordance with the Agreement, the IAAC, together with the Cree Nation Government, delegated the necessary activities to complete the environmental assessment process to a Joint Assessment Committee (JAC). The JAC was composed of representatives appointed by the Cree Nation Government and the Agency. Subsequently, the Joint Assessment Committee submitted its reportfootnote 4 to the Minister of Environment and Climate Change (ECCC).

At the end of the environmental assessment process, the JAC, composed of representatives appointed by the Cree Nation Government and the IAAC, submitted its recommendations to the Minister of ECCC. The JAC determined that the mitigation measures implemented, or to be implemented, by the proponent were satisfactory to address the mining project’s adverse impacts, including environmental impacts, and impacts on Cree rights. Consequently, Indigenous communities impacted are supportive of the overall project, including the dewatering, provided that all mitigation measures will be met, as the Cree Nation Government was fundamentally integrated into the decision-making, including the conclusion that the dewatering of Kapisikama Lake would not require specific mitigation measures to respond to the loss of navigability.

Finally, the regulatory text of the exemption order consists only of the listing and location of the water body, Kapisikama Lake, that would be exempted. Given the extensive consultations already undertaken, it is assumed that the text of the exemption order would have been unlikely to generate any specific comments or concerns.

Considering all the above, the order was not prepublished in the Canada Gazette, Part I.

Modern treaty obligations and Indigenous engagement and consultation

The project site is located on land that is the subject of the James Bay and Northern Quebec Agreement (JBNQ agreement). Under the JBNQ agreement, mining projects are automatically subject to an assessment and review process to ensure the protection of the Crees, their hunting, fishing, and trapping rights, and the wildlife and environmental resources on which they depend.

As part of the Minister of Environment’s approval, for the purposes of Indigenous activities related to fishing, the proponent must mitigate the effect on the fish habitat and on Indigenous communities by working with the Indigenous communities to develop a plan to compensate for any loss of fish habitat.

Furthermore, as part of the Minister of Environment’s approval, the proponent will be required to develop and implement an offsetting plan to counterbalance the mining project’s residual effects on fish and fish habitat.

Through consultations, TC NPP recommended that the dewatering of Kapisikama Lake would not require specific mitigation measures to respond to the loss of navigability. In the past, Kapisikama Lake was used as a navigation route by canoe to access areas where traditional Indigenous activities, including beaver trapping, occurred. Although the NPP has noted that the water levels remain sufficient to support navigation in terms of water body depth and width, the Cree Nation currently considers water levels to be too low and, therefore, the Cree Nation no longer uses the lake for navigation. In any case, access to the areas where traditional Indigenous activities are practised now occurs by means other than navigation, such as ATVs.

Instrument choice

Two different instrument choices were relevant in these circumstances: (1) maintain the CNWA’s legislative prohibition against dewatering to a point that extinguishes navigation; or (2) provide an exemption by order-in-council to the CNWA’s prohibition against dewatering to a point when navigation is extinguished. These two different instrument choices correspond with two different mining methods considered for the project: (1) underground extraction; or (2) open-pit extraction.

Underground extraction

If the CNWA’s legislative prohibition against dewatering when navigation is extinguished were maintained, then occasional use for navigation could continue, but only the underground extraction method would be available. However, the underground extraction method was not considered technically or economically viable by the proponent due to the prohibitive operating costs and the fact that the mining project targets minerals on the surface. Consequently, if the prohibition were maintained, and only the underground extraction method was available, then the mining project would not proceed.

Assuming the mining project did not proceed, then lithium, a mineral needed to manufacture essential ZEV parts, would not be extracted. ZEVs can contribute to improving air quality. Consequently, without the mining project, fewer ZEVs would be available, thereby undermining improvements that could be made to air quality.

In addition, assuming the mining project did not proceed, then jobs would not be created for mine construction and operations.

Open-pit extraction

Under the exemption order, an exemption to the CNWA prohibition against dewatering will be created. As a result of the exemption order, Kapisikama Lake will be dewatered. The exemption order will allow the open-pit extraction method to proceed.

Using the open-pit extraction method to proceed with the mining project, lithium, a raw material needed to manufacture essential ZEVs parts, will be obtained, thereby contributing to ZEV availability to improve air quality.

Moreover, the anticipated creation of 280 jobs during construction and an average of 170 jobs during the mine’s operation is expected to be a significant benefit to the local economy.

Under the CNWA, the only way to exempt the prohibition against dewatering is an exemption order which will result in navigation being extinguished.

Given that the mining operation would likely not proceed in the absence of the exemption order, and that the impacts to navigation of dewatering Kapisikama Lake are expected to be minimal, it has been determined that the most appropriate mechanism to support the mining operation is to provide the exemption order.

Regulatory analysis

The exemption order will permit dewatering, which in turn will extinguish navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question, to occur without the proponent contravening the prohibition against dewatering under the CNWA. The costs and benefits identified below only pertain to the exemption order and related dewatering of Kapisikama Lake and do not consider impacts associated with the mine as they are beyond the scope of the exemption order.footnote 5

Analytical framework

Benefits and costs associated with the exemption order are assessed by comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the exemption order was not made. The regulatory scenario provides information on the expected outcomes of the exemption order.

In January 2023, the Minister of the Environment approved the mining project. This approval was contingent on the proponent meeting mitigation measures outlined in the Environmental Assessment Report that was developed by the Impact Assessment Agency of Canada for the project. The mitigation plan to salvage fish before dewatering Kapisikama Lake and to develop and implement an offsetting plan to counterbalance the mining project’s residual effects on fish and fish habitat are part of the conditions for project approval — not this exemption order — and will offset the impacts of dewatering on the environment and Indigenous communities in the region. As a result, the costs associated with the exemption order and the related dewatering, are expected to be minimal and have been presented qualitatively.

Following the Treasury Board Secretariat (TBS) Policy on Cost-Benefit Analysis, the scope of this analysis is at the societal level, analyzing costs and benefits attributed to Canadians.

Affected stakeholders and Indigenous partners

The Cree communities in the James Bay Region, represented by the Cree Nation Government, are those directly impacted by the exemption order.

The proponent is the other impacted stakeholder. The proponent will directly benefit from the exemption order as it will be able to move the project forward in an economically feasible way.

Baseline and regulatory scenarios

Under the baseline scenario, the exemption order is not in place. The mine would not be developed as the only other mining method would be underground extraction, which was not considered technically or economically feasible due to the prohibitive operating costs and the fact that the mining project targets minerals on the surface.

The baseline scenario also includes the approval of the project by the Minister of the Environment as well as the conditions that must be met by the proponent to reduce the impacts on the environment and Indigenous communities. However, it is assumed that mitigation strategies, which have not already been implemented or committed to through financial contracts, would not proceed if the exemption order were not in place as the project would not proceed without it.

Under the regulatory scenario, the exemption order is made. As a result, the mining project would be able to advance, and there would be some impacts from the dewatering on the environment and Indigenous communities. However, the conditions, which must be met by the proponent to reduce the impacts on the environment and Indigenous communities, continue to apply, and work to implement them continues by the proponent.

Costs

The CNWA requires that an application for exemption be submitted by the proponent. However, these application costs are excluded since they were incurred prior to registration of the order and are considered sunk costs.

Dewatering Kapisikama Lake will result in impacts on the environment and Indigenous communities, particularly the fish habitat. To offset the impacts of the dewatering, and as conditions of the Minister of the Environment’s approval for the project, the proponent has agreed to develop mitigation measures. The costs to the proponent for these mitigation measures are not included in this analysis as they are not considered direct costs of the exemption order.

In the past, Kapisikama Lake was used as a navigation route by canoe to access areas where traditional Indigenous activities, including beaver trapping, occurred. Although the NPP has noted that the water levels remain sufficient to support navigation in terms of water body depth and width, the Cree Nation currently considers water levels to be too low to be used now. Through consultations, TC NPP determined that the dewatering of Kapisikama Lake would not require specific mitigation measures to respond to the loss of navigability as access to the areas where traditional Indigenous activities are practised now occurs by means other than navigation, such as ATVs.

As a result, no significant adverse effects on Indigenous communities are expected and dewatering is expected to have only a minimal impact on these communities.

Similarly, the dewatering is not expected to have significant adverse effects on recreational activities, such as canoeing. Through consultations, as well as the environmental assessment process, TC NPP did not identify or receive any evidence that Kapisikama Lake is currently being used for recreational purposes. The lake is surrounded by marsh and there are no infrastructure or access roads connecting to the lake. Additionally, the Government of Quebec works with Canoe Kayak Québec to ensure Quebec’s waterbodies are accessible to paddlers for recreational purposes. Kapisikama Lake is not classified as a canoe route by Canoe Kayak Québec, further demonstrating that Kapisikama Lake is not used for recreational purposes.

Benefits

The exemption order will allow the proponent to advance the mining project in an economically feasible manner. While the exemption order will not directly result in economic benefits to the local economy from the mining project, it will support the implementation of the project. For additional information on the anticipated economic benefits of the project, please refer to the “Rationale” section below.

Small business lens

Analysis under the small business lens concluded that no small businesses will be impacted.

One-for-one rule

The one-for-one rule does not apply, as there will be no incremental change in administrative burden on business as a result of the exemption order.

Regulatory cooperation and alignment

The exemption order is not related to any commitment under a formal regulatory cooperation forum, nor is it intended to address non-alignment with other jurisdictions. The exemption order is confined to a geographic location within Canada, and specifically confined to Kapisikama Lake, within this location.

The exemption order is not a rule of general application. It permits the proponent to dewater Kapisikama Lake, extinguishing navigation.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

However, a full environmental assessment was conducted in accordance with CEAA 2012 and an environmental impact statement for technical and public review was prepared. Following the assessment, it was concluded that, considering the implementation of mitigation measures, the project is unlikely to cause significant adverse environmental effects for purposes of the CEAA 2012.

Gender-based analysis plus

The Cree communities in the James Bay Region are those potentially subject to negative impacts of the exemption order in that Kapisikama Lake has been used in the past for navigation. However, through consultations with the affected communities, TC NPP determined that the dewatering of Kapisikama Lake would not require specific mitigation measures to respond to the loss of navigability as access to the areas where traditional Indigenous activities are practised now occur by means other than navigation, such as ATVs. Furthermore, the mining project, which would necessitate the dewatering, is anticipated to create 280 jobs during construction and an average of 170 jobs during the mine’s operation will likely be a significant benefit to the local economy with a population of only 1589 people.

Gender

In Canada’s construction industry, there is a larger percentage of men than women. While men may be likelier to work at the James Bay mine than women, it is expected that the local community overall will benefit economically from the job creation.

Indigenous community

The unemployment rate of the Cree Nations is generally higher than that reported in most regions of Quebec. The proponent believes that several Cree Nations near the proposed mine site have a workforce with construction industry experience resulting from past Hydro-Québec projects in the region and anticipates promoting the hiring of Cree workers with this construction expertise. In addition, before the project begins, the proponent is proposing to generate interest among Cree Nations’ young people to take up employment in the mining sector through job matching, information and job preparation workshops, and working with local skills development and training centres. Therefore, it is anticipated that the mining project may benefit Indigenous construction workers and Indigenous youth that live within the vicinity in terms of job opportunities.

Rationale

Under the CNWA, dewatering is prohibited unless the Minister of Transport receives an application for an exemption and the Governor in Council is satisfied that an exemption order to permit the dewatering would be in the public interest.

The proponent submitted a duly completed application requesting to exempt one navigable water, Kapisikama Lake, from the application of subsection 23(1) of the CNWA.

TC NPP conducted a thorough assessment of the application, including doing extensive consultations with local Indigenous communities, other implicated federal and provincial stakeholders through the impact assessment process and concluded that the application meets the requirements under the CNWA for an exemption.

TC NPP determined that the exemption would be in the public interest for the following reasons:

Implementation, compliance and enforcement, and service standards

The exemption order declares that Kapisikama Lake, located in Quebec, near the James Bay area, is exempt from the prohibition against dewatering that extinguishes navigation, under subsection 23(1) of the CNWA. The exemption order will come into force upon publication in the Canada Gazette. Following publication, the proponent and the Cree Nation Government will be informed of the decision through written correspondence. Dewatering is permitted to proceed immediately once the exemption order is in force.

Unless the order is repealed, the exemption order remains in force.

The proponent acknowledges that Kapisikama Lake would not regain its initial conditions once the mining project is completed but would be transformed into wetlands if conditions allow it.

In addition, access to the territory would be partially restored once the mine is decommissioned, since the secured area around the open pit is only a small portion of the territory that would remain inaccessible. As a result, wildlife is anticipated to return to its current level of abundance.

The Cree Nation in the James Bay region are those directly impacted by the exemption order. Cree community members will be able to identify any adverse impacts that arise, if actions occur that are beyond the scope of what the exemption order allows.

The Cree communities in the James Bay region are represented by the Cree Nation Government. During consultations on the exemption order, TC established contacts with the Cree Nation Government. TC intends that this relationship with the Cree Nation Government will function as a mechanism to conduct compliance verification of any adverse impacts that may be beyond the scope of the exemption order.

If there is evidence of an alleged CNWA contravention, enforcement personnel from TC would determine an appropriate enforcement action. Depending upon the circumstances and subject to the exercise of enforcement and prosecutorial discretion, the following instruments are available to respond to alleged contraventions under the CNWA:

Contact

Joanne Weiss Reid
Director
Operations and Regulatory Development
Navigation Protection Program
Transport Canada
330 Sparks Street, Tower C
Ottawa, Ontario
K1A 0N5
Email: tc.npphq-ppnac.tc@tc.gc.ca