Minister's Response

Pat Moss
Executive Director
Northwest Institute for Biological Research
pat@northwestinstitute.ca

Pat Moss:

Thank you for your letter of July 15, 2021, concerning the Tenas Project (Project) proposed by Telkwa Coal Limited (the Proponent), in which you requested that the Project be designated by order under the Impact Assessment Act (the IAA).

As you are aware, I have discretionary authority under the IAA to designate projects if, in my opinion, the project could cause adverse effects in federal jurisdiction or adverse direct or incidental effects, or if public concerns related to those effects warrant the designation.

Upon receipt of your letter, the Impact Assessment Agency of Canada (the Agency) initiated a review of your concerns for the purposes of informing my designation decision. The Agency takes into consideration my discretionary authority and the principles laid out in applicable guidance related to requesting such an assessment. The Agency also looks at relevant factors such as whether the potential adverse effects of the Project can be adequately managed through other existing legislative or regulatory mechanisms, and whether an assessment of environmental effects would be assessed by another jurisdiction.

The Agency has informed me that the Project has reached an advanced stage of a provincial environmental assessment process pursuant to British Columbia's Environmental Assessment Act (2002). The Proponent is expected to submit its Application to British Columbia's Environmental Assessment Office in the next few months with detailed technical information on the expected impacts of the Project.

I share your concerns about the potential impacts of coal mining in areas of federal jurisdiction, including from the release of selenium into water bodies that could cause adverse effects to fish, such as salmon, and to fish habitat. While selenium is essential to aquatic life at low levels, it can cause harm in high concentrations and under long-term exposure.

In part to address these concerns, the Government of Canada is developing Coal Mining Effluent Regulations under the Fisheries Act that will reduce threats to fish and fish habitat from coal mining effluent. The upcoming Regulations will set strict limits on the content of selenium and other substances of concern in coal mine effluent. Consultations on an updated proposed approach to the upcoming regulations are planned for this fall. Proposed regulations should follow in the Canada Gazette, Part I, in summer 2022. Final regulations are expected in 2023.

I also remain committed to efforts to protect species at risk in British Columbia, such as the Southern Mountain Caribou. This is an iconic species, but the numbers are in decline. In 2020, my predecessor signed conservation agreements under the Species at Risk Act with British Columbia and the Saulteau and West Moberly First Nations to ensure immediate and long-term actions to stabilize and recover populations of Southern Mountain Caribou across British Columbia and demonstrate a collaborative approach to species at risk conservation.

The Government is committed to conserving nature, wildlife, and species at risk. We are also committed to ensuring that decisions, including my authority to designate projects under the IAA, are based on the best available scientific evidence.

The Agency informs me that detailed scientific data and information on the expected impacts of the Project are expected to be available as part of the provincial environmental assessment process in the next few months. This additional information will allow for a better understanding of the predicted impacts from the mine to areas you have noted as areas of concern, including the expected impacts and proposed mitigation measures to address effects to Southern Mountain Caribou and from selenium to fish and fish habitat. This information will also allow the Agency to provide me with views on whether the potentially adverse effects can be adequately managed through other legislative or regulatory mechanisms.

I am of the view, therefore, that it would be beneficial for the Agency to undertake further analysis of the expected additional information from the provincial environmental assessment process before I take my designation decision. This will allow for a better evidenced-based understanding of the predicted impacts and mitigation measures to address any impacts in federal jurisdiction, or adverse direct or incidental effects, from the Project.

As a result, I have directed Agency officials to continue working with federal and provincial government agencies over the coming months to review technical information that will be provided through the Application under British Columbia's environmental assessment process. I have asked Agency officials, following this review, to provide me with information by spring 2022 to inform my decision on whether to designate the Project.

I appreciate you bringing your concerns to my attention.

Sincerely,

<Original signed by>

The Honourable Steven Guilbeault, P.C., M.P. (il/lui/he/him)

Document Reference Number: 2

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