Analysis Report
Whether to designate the Vivian Sand Project in Manitoba pursuant to the Impact Assessment Act

A change to fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act

Public and Indigenous Concerns: Potential effects to groundwater and surface water due to: oxygenation of aquifer leading to metal leaching and acid mine drainage reactions; potential for intentional or accidental releases to waters and landscape; concern regarding the UV sterilization system and its effectiveness to eliminate harmful microbes of water being reinjected into aquifers. This could impact fish-bearing waters (Cooks Creek, Brokenhead River and Red River), transboundary aquifers, federal lands & Indigenous peoples (downstream effects to Brokenhead Ojibway Nation reserve lands), and drinking water quality.

FA Perspective:

Fisheries and Oceans Canada (DFO): DFO advised that a Fisheries Act paragraph 35(2)(b) Authorization will be required if the Project is likely to cause the harmful alteration, disruption, or destruction to fish habitat and/or a Fisheries Act paragraph 34.4(2)(b) Authorization if the Project is likely to result in the death of fish. DFO reviewed the available project information. As proposed, DFO understands that there will be no in-water works related to this Project, and no impacts to watercourses from groundwater drawdown. Should works be proposed that may impact fish and fish habitat, DFO recommends that this information be provided to them. For example, water crossings that may be required for access roads. No aquatic species at risk are mapped for the Project area.

Environment and Climate Change Canada: Based on the Proponent's The Environment Act Proposal and the limited proximity to surface waters, ECCC concluded that it is unlikely that the sand extraction activities will have impacts on surface waters and aquatic life due to direct discharges or surface runoff. Adverse effects to water quality, wildlife and wildlife habitat could result from the accidental release of hydrocarbons and other contaminants to surrounding water, but optimized spill prevention, preparedness and response measures and systems can minimize this risk. Impacts due to erosion and spills should be mitigated through standard mitigation measures to be outlined in management plans.

Monitoring of groundwater quality is an important aspect to reduce uncertainty and assess potential impacts to groundwater quality due to removal and reinjection of ground water. Mining projects may result in adverse effects to surface water quality though "drawdown" of the water table, this can happen due to construction of wells (to extract sand slurry). The "drawdown" can affect the water table by reducing the quantity of groundwater available to recharge surface water bodies which in turn could reduce the total volume of water in nearby lakes or rivers, potentially increasing the concentration of contaminants in those bodies of water and resulting in adverse effects on water quality.

With regard to metal leaching / acid rock drainage and geochemical testing of drill cuttings, ECCC states that proper storage and adequate testing is required to ensure that appropriate management and mitigation may be implemented and that impacts to surface water quality are prevented. In addition to geochemical testing, ECCC recommends that follow-up monitoring of drainage and runoff from any drill cutting storage piles be completed to confirm that metal leaching / acid rock drainage is not occurring.

Natural Resources Canada: NRCan concluded that the Project has the potential to negatively affect fish habitat through drainage from drilling waste rock stored at the surface. However this could be prevented with appropriate monitoring and management. The tested Winnipeg Shale unit demonstrated uncertain potential to generate acid rock drainage, while all three tested units (also Red River Carbonate and Winnipeg Sandstone) have the potential for metal leaching including (but not limited to) aluminum, iron, arsenic, selenium, and uranium. NRCan agrees with the approach to test drill cuttings during development of the Project, and further recommends monitoring of drainage from the surface waste pile with means to capture and manage prior to release to the environment, should it be found to contain elevated metal concentrations. The sampling methods proposed by the Requester are not applicable as they are for sampling deep ocean sediments. NRCan recommends using the Mine Environment Neutral Drainage Program as it provides guidance on sampling mine materials.

NRCan is of the view the Project does not have the potential to cause significant adverse effects within federal jurisdiction or adverse direct or incidental effects from a groundwater quantity perspective.

Proponent Perspective: The Proponent does not anticipate Project-related impacts on fish and fish habitat due to the lack of fish habitat within the Project Site (4 year area), and application of an Erosion and Sediment Control Plan. The Proponent has indicated that the Project does not require the use of surface waters and no discharges to the surface waters will occur.

Slurry lines are not prone to leakage, there are periodic valves placed throughout the slurry line to allow for isolation in the unlikely event of a leak. It is important to note that the contents of the slurry line are water and sand. The water will have been treated at the facility site with a non-toxic biodegradable flocculant and only trace amounts would remain in the slurry line. The Proponent will be monitoring the slurry line and leak detection will be used in slurry lines, in addition to visual inspection and non-destructive testing.

The potential risks to groundwater are assessed to be minor, seasonal in duration and reversible. Water levels in the Winnipeg Sandstone and Red River Carbonate aquifers are expected to recover 80% in the first two days with the remaining 20% recovering over a period of 20 to 80 days following the end of extraction activities in the fall of each year. The storage of bedrock cuttings may result in metal leaching and acid mine drainage through exposures of sulphidic minerals to oxygen. The Waste Management Plan will include geochemical testing of drill cuttings, proper storage and adequate testing and appropriate management and mitigation may be implemented to prevent impacts to surface water. In addition, follow-up monitoring of drainage and runoff from any drill cutting storage piles should be completed to confirm metal leaching and acid mine drainage is not occurring.

Impacts to fish and fish habitat and aquatic species at risk are prohibited unless authorized under the Fisheries Act and Species at Risk Act.

Deposit of deleterious substances into waters frequented by fish, unless authorized by regulations or other federal legislation, is prohibited under the Fisheries Act.

A licence under Manitoba's The Environment Act would set requirements to protect ground and surface water resources and their uses.

Provincial water rights licence(s), pursuant to The Water Rights Act and approval by Manitoba Conservation and Climate – Drainage and Water Rights Licensing Branch, will be required by the Proponent to withdraw and divert groundwater for extraction wells. Approval for this licence will include assessment of the volume of water to be pumped, the rate of pumping, duration, location of wells, size and depth of wells, and impacts on local users.

Provincial injection permit(s) for the safe, uncontaminated return of water to the sandstone aquifer requires authorization pursuant to The Groundwater and Water Well Act and approval by Agriculture and Resource Development – Water Branch. Authorization requirements include assessment of the location of wells, borehole licence(s), treatment to ensure no contamination of water prior to reinjection, and reinjection procedure and abandonment (sealing) plans.

In relation to the above described injection permit(s), a provincial borehole licence(s) for extraction wells is also required for the drilling, construction and abandonment of extraction wells and pursuant to The Mines and Minerals Act. Authorization is approved by Agriculture and Resource Development – Mines Branch and approval requires assessment of the location of wells, planned method of drilling, cementing, casing, depth size, well purpose, and well abandonment.

A change to aquatic species, as defined in subsection 2(1) of the Species at Risk Act

See the section "A change to fish and fish habitat, as defined in subsection 2(1) of the Fisheries Act" for fish species at risk.

The physical activities will not impact the marine environment so marine plants will not be affected.

See fish and fish habitat section.

A change to migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994

Public and Indigenous Concerns: The extensive subsidence and land disturbance from slurry line and drill pad clearance and Project noise and light disturbance continuing for 24 years or more would have serious detrimental effects on birds and wildlife habitat and behaviour.

FA perspective:

Environment Climate Change Canada: Activities linked to the construction, operation, and decommissioning of silica sand mines may have adverse effects to terrestrial wildlife resources (wildlife), including migratory birds and non-aquatic species at risk as listed on the Species at Risk Act (SARA), and their habitat. The Project will include annual land disturbance and vegetation clearing for up to 24 years within an 8,235 ha ‘life of Project area'. Manitoba's The Environment Act proposal describes temporary habitat losses, as natural vegetation is anticipated to regenerate to reduce the initial project habitat loss following a lag time estimated by the Proponent to be 5 to 10 years following closure. However, habitat features important to wildlife may be directly and indirectly affected by the Project's clearing footprint of the planned wellsite arrays, temporary access trails, or slurry and water pipelines. Sensory disturbances (e.g. noise from extraction well drilling, sand extraction, diesel generator operation) and increased risk of wildlife mortality from construction and operation activities are also predicted by the Proponent and planned to occur through each operating year. Species like the Golden-winged Warbler, which inhabits early successional habitat, may be drawn to recently disturbed habitats in portions of active project areas and as a result be exposed to greater sensory disturbance or airborne contaminants during project operations.

Of the species at risk with potential to interact with the Project, ECCC notes that two migratory bird species at risk have greater potential to be affected by the Project's proposed temporary conversion of habitat, which could affect biophysical attributes important for breeding and foraging habitat. These include Golden-winged Warbler (listed as Threatened) and the Red-headed Woodpecker (listed as Endangered). The Project overlaps with areas containing critical habitat protected under the SARA for these two species. ECCC advises that consideration is required for whether the predicted project effects will result in effects to critical habitat for Golden-winged Warbler and Red-headed Woodpecker.

No species-specific information is provided in The Environment Act Proposal regarding species-specific effect avoidance, mitigation, or monitoring. In consideration of information available in published recovery strategy documents, effects to these habitat features should be evaluated and avoided in specific planning.

Proponent Perspective: According to the Manitoba Breeding Bird Atlas (2018), at least 60 bird species are likely to breed within the landcover types that occur within the Project Site. Clearing of natural vegetation for Project construction and operations (including slurry lines and water return lines) will occur outside of the peak breeding bird season for the Project area (i.e. April 25 – August 15) to avoid contravening the Migratory Birds Convention Act, 1994.

Areas to be cleared of vegetation will be minimized to the extent feasible and disturbed areas will be allowed to revegetate naturally and augmented using an approved native seed mixture and native plantings if required. The footprint area of each well cluster will be minor (i.e. 0.20 ha to 0.28 ha), with only seven well clusters active at any one time and other clusters being progressively rehabilitated. The footprint area of the pumping stations will also be minor, approximately 63 m² each.

Wildlife species present in the vicinity of the Project are anticipated to be accustomed to some level of noise due to the presence of existing developments. Light pollution emanating from the well cluster/work areas can disturb wildlife, but these impacts will be mitigated through fully shielded directional lighting fixtures to focus light specifically to work areas and minimize dispersal of light.

Environmental effects may potentially occur due to fuel or chemical spills (such as diesel fuel, lubricants, oils and hydraulic fluid); safe work practices and proposed mitigation measures will adequately minimize this risk.

Probability of occurrence in the Project Site for Golden-winged Warbler and Red-headed Woodpecker is ranked as low to moderate.

Less than half (45%) of the Project Site is forested with agriculture fields being the next most common cover type (31%). An additional 13% of the Project Site includes other types of land development such as quarry pits, residential lots, transmission line corridor and municipal and provincial roads.

The physical activities would be subject to the Migratory Birds Convention Act, 1994.

Compliance with the Species at Risk Act is required.

A permit would be required under the Species at Risk Act for terrestrial wildlife species listed in Schedule 1 of the Act as Extirpated, Endangered or Threatened, for activities that affect any part of its critical habitat, or the residences of its individuals, where those prohibitions are in place.

A licence under Manitoba's The Environment Act would include provisions to minimize adverse impacts on the environment, as well as set out requirements for land rehabilitation.

The physical activities would be subject to Manitoba's The Endangered Species and Ecosystems Act.

The physical activities would be subject to Manitoba's The Mines and Minerals Act, and associated Regulations include mining and borehole requirements for drilling, reclamation and abandonment. Provincial Closure Plan Approval and provincial Borehole Licence(s) for extraction wells (both authorizations approved by Agriculture and Resource Development – Mines Branch) are required pursuant to The Mines and Minerals Act.

A change to the environment that would occur on federal lands

Public and Indigenous Concerns: Potential impacts to water quality or quantity of the Brokenhead River could influence reserve lands downstream (~50 km).

Proponent Perspective: The closest First Nation reserve land in relation to the Project Site is the Brokenhead Ojibway Nation's Na-Sha-Ke-Penais Indian Reserve (3 ha), approximately 38 km northwest of the Project Site.

FA perspective:

Natural Resources Canada: The extent and duration of predicted drawdown are small when one considers the distance between the Project and the areas of federal jurisdiction (e.g,. reserve lands or fish-bearing waters). It is unlikely that pumping at such a distance could reduce surface water sufficiently to significantly influence fish or aquatic species in a stream/river with sufficient flow to support fish and aquatic species. In NRCan's opinion, potentially significant impacts to fisheries, aquatic species and Indigenous people due to drawdown are not anticipated and are highly unlikely with respect to groundwater quantity.

A determination under section 82 of the Impact Assessment Act would be required for projects on federal lands, but is not applicable to the physical activities.

A change to the environment that would occur in a province other than the one in which the project is being carried out or outside Canada

Note: the distance from the extraction activities to the nearest provincial and international borders is approximately 100 kilometres.

Public and Indigenous Concerns: Potential impacts to quality and/or quantity of the aquifer could result in transboundary water effects.

FA perspective:

Natural Resources Canada: The extent and duration of predicted drawdown are small when one considers the distance between the proposal site and the areas of federal jurisdiction. It is unlikely that pumping at such a distance could reduce surface water sufficiently to significantly influence fish or aquatic species in a water course with sufficient flow to support fish and aquatic species. In NRCan's opinion, potentially significant impacts to fisheries, aquatic species and Indigenous people due to drawdown are not anticipated and are highly unlikely with respect to groundwater quantity.

It does not appear that the removal of silica sand would significantly reduce groundwater resources at a regional scale.

Environment and Climate Change Canada: ECCC has advised that concentrations of NO₂ have the potential to exceed the 1-hour Canadian Ambient Air Quality Standards (CAAQS) as the operations schedule is 24 hours per day/7 days per week. This impact may be mitigated by the use of newer vehicles/equipment with lower emissions. Extraction activities near residences would best be performed during the summer months when vertical mixing of emissions by the atmosphere is maximized.

Health Canada: Health Canada advises that there could potentially be Project-related impacts due to changes in noise and air quality.

Proponent Perspective: Emissions will be minimized by regularly maintaining equipment and vehicles and minimizing idling, alongside ensuring that vehicles and equipment will meet required emission standards.

There are no stockpiles or silica dust risks during the extraction process. The slurry line will transport the sand wet. The sand comes out of the ground in water and remains wet and/or in water at all times throughout the process. The stockpiles that currently exist have been covered and are monitored closely. The sand was deposited on these piles wet and the results of air dispersion modeling predict no exceedances of air quality guidelines at the nearest residences for any of the parameters that were modeled (e.g. dust, including silica dust).

Licences, permits and approvals required for the physical activities are pursuant to Manitoba's The Environment Act. Manitoba Conservation and Climate would set requirements to ensure that environmental effects are localized and mitigated within provincial jurisdiction.

Facilities are subject to federal greenhouse gas emissions reporting requirements, pursuant to the Canadian Environmental Protection Act, 1999, if they emit 10 kilotonnes or more of greenhouse gas emissions, in carbon dioxide equivalent units per year.

With respect to the Indigenous peoples of Canada, an impact - occurring in Canada and resulting from any change to the environment - on physical and cultural heritage

Public and Indigenous Concerns: Inadequate consultation efforts by the Proponent with the Indigenous groups to understand Project activities and potential impacts.

FA Perspective:

Health Canada: Health Canada noted the absence of First Nation and Métis engagement on potential effects of the proposed Project. Project activities could result in adverse health effects due to changes in air quality, drinking water quality, country food quality and noise from unconsidered interactions between the Project and these communities.

Provincial Perspective: Requests for Crown Indigenous Consultation have been received and an initial assessment will be conducted to determine if the proposed development may adversely affect Indigenous peoples and their rights as protected under section 35 of the Constitution Act, 1982.

The review and licensing process under Manitoba's The Environment Act includes consideration of potential impacts to Indigenous peoples and their rights under section 35 of the Constitution Act, 1982. Representatives from the Historic Resource Branch are part of the Technical Advisory Committee that review The Environment Act proposals and the provincial Heritage Resources Act sets out requirements in relation to heritage objects.

Proponent Perspective: The Project is located within Treaty No. 1 area; there are no First Nation reserve lands within the local or regional Project area. The closest First Nation reserve lands to the Project Site is the Brokenhead Ojibway Nation's Na-Sha-Ke-Penais Indian Reserve (3 ha) approximately 38 kilometres northwest of the Project Site.

The Project is not expected to adversely impact the exercise of Indigenous or Treaty rights because:

• the Project Site consists of private land with private surface rights that do not have public access;
• no fish or fish habitat will be impacted by the Project;
• the residual environmental impact of the Project on vegetation beyond the Project Site is assessed to be negligible; and,
• the residual environmental impacts of the Project on regional wildlife populations is assessed to be negligible.

If heritage resources are discovered, work will be stopped, Historic Resources Branch will be advised, and discovered resources will be adequately recorded and protected.

The Proponent has had meetings with several Indigenous groups and will continue to have discussions with local Indigenous communities in the area.

A licence under Manitoba's The Environment Act would include provisions to minimize adverse impacts on the environment, as well as set out requirements for land rehabilitation. The licence application process includes consultation. Proponents are expected to address concerns raised by provincial ministries, Indigenous groups and the public.

Manitoba's Heritage Resources Act applies to historical or archeological objects.

With respect to the Indigenous peoples of Canada, an impact - occurring in Canada and resulting from any change to the environment - on current use of lands and resources for traditional purposes

Requester and Indigenous Concerns: Potential impacts of the Project on water quality or quantity could adversely impact traditional lands, wildlife and the fish-bearing water bodies of Cook's Creek, the Brokenhead River, and Red River.

FA Perspective:

Natural Resources Canada: The extent and duration of predicted drawdown are small when one considers the distance between the proposal site and the areas of federal jurisdiction. It is unlikely that pumping at such a distance could reduce surface water sufficiently to significantly influence fish or aquatic species in a water course with sufficient flow to support fish and aquatic species. In NRCan's opinion, potentially significant impacts to fisheries, aquatic species and Indigenous people due to drawdown are not anticipated and are highly unlikely with respect to groundwater quantity.

It does not appear that the removal of silica sand would significantly reduce groundwater resources at a regional scale.

Environment and Climate Change Canada: ECCC has advised that concentrations of NO₂ have the potential to exceed the 1-hour Canadian Ambient Air Quality Standards (CAAQS) as the operations schedule is 24 hours per day/7 days per week. This impact may be mitigated by the use of newer vehicles/equipment with lower emissions. Extraction activities near residences would best be performed during the summer months when vertical mixing of emissions by the atmosphere is maximized.

Activities linked to the construction, operation and decommissioning of a silica sand mine and associated infrastructure can have negative effects on wildlife.

Health Canada: Health Canada advised that there could potentially be Project-related impacts due to changes in noise and air quality.

Proponent Perspective: The closest First Nation reserve lands to the Project Site is the Brokenhead Ojibway Nation's Na-Sha-Ke-Penais Indian Reserve approximately 38 kilometres northwest of the Project Site.

The Project is not expected to adversely impact the exercise of Indigenous or Treaty rights because:

• the Project Site consists of private land with private surface rights that do not have public access;
• no fish or fish habitat will be impacted by the Project;
• the residual environmental impact of the Project on vegetation beyond the Project Site is assessed to be negligible; and,
• the residual environmental impacts of the Project on regional wildlife populations is assessed to be negligible.

The regional Project area is within an area recognized by the Manitoba Métis Federation as an area for Métis Natural Resource Harvesting (The Métis Economic Development Organization, 2018). This area corresponds with the Manitoba Conservation and Climate Game Hunting Areas numbers 34A, 35 and 35A.

The Proponent has had, and will continue to have, discussions with local Indigenous communities in the area. The opportunity for public review of the proposed Project will occur during the public review period.

A licence under Manitoba's The Environment Act would require the proponent to address concerns raised by potentially affected Indigenous groups.

With respect to the Indigenous peoples of Canada, an impact - occurring in Canada and resulting from any change to the environment - on any structure, site, or thing that is of historical, archaeological, paleontological or architectural significance

Public and Indigenous Concerns: Potential for irreversible impacts to our Indigenous and Métis cultural heritage, historical and archaeological resources through this Project.

Proponent Perspective: Results of an on-site archaeological investigation found the Project Site to have substantial previous disturbances and concluded that there were no heritage concerns regarding development of the Project. If heritage resources are discovered, work will be stopped, Historic Resources Branch will be advised, and discovered resources will be adequately recorded and protected.

The Proponent has had, and will continue to have, discussions with local Indigenous communities in the area. The opportunity for public review of the proposed Project will occur during the public review period.

A licence under Manitoba's The Environment Act would require the Proponent to address concerns raised by potentially affected Indigenous groups.

Manitoba's Heritage Resources Act applies to historical or archeological objects.

Any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada

Public and Indigenous Concerns: Potential adverse effects to air and water quality could impact the health of Indigenous peoples through direct impacts or through consumption of traditional foods, including compromising food security (economic impact).

FA perspective:

Environment and Climate Change Canada (ECCC): ECCC has advised that concentrations of NO₂ have the potential to exceed the 1-hour Canadian Ambient Air Quality Standards with elevated concentrations at nearby receptors. ECCC notes the impact may be mitigated by the use of newer vehicles/equipment with lower emissions and by performing extraction activities near residences during the summer months when vertical mixing of emissions by the atmosphere is maximized.

Health Canada: Health Canada notes that sand extraction activities in the local area by the Proponent are reportedly causing public concerns and complaints due to noise and silica dust emissions. This is consistent with the potential for Project-related impacts due to changes in noise and air quality, as indicated previously by Health Canada.

Provincial Perspective: Crown Indigenous Consultation will be carried out for this Project in order to understand potential impacts to Indigenous peoples and their rights as protected under section 35 of the Constitution Act, 1982.

Proponent perspective: There is no credible pathway for any interaction between the Project and the health, social or economic conditions of Indigenous peoples.

The Project is not expected to adversely impact the exercise of Indigenous or Treaty rights because:

• the Project Site consists of private land with private surface rights that do not have public access;
• no fish or fish habitat will be impacted by the Project
• the residual environmental impact of the Project on vegetation beyond the Project Site is assessed to be negligible
• the residual environmental impacts of the Project on regional wildlife populations is assessed to be negligible.

The Proponent has had, and will continue to have, discussions with local Indigenous communities in the area. The opportunity for public review of the proposed Project will occur during the public review period.

A licence under Manitoba's The Environment Act would require the proponent to address concerns raised by potentially affected Indigenous groups.

Adverse direct or incidental effects

Proponent Perspective: No federal licences, permits, authorizations, approvals or financial assistance will be required or sought for the extraction activities.

Pursuant to section 98 of the Canada Transportation Act, a company shall not construct a railway line without the approval of the Canadian Transportation Agency (CTA). The proponent has indicated that the railway spur is part of CN's network and is likely to require approval from the CTA.

A permit would be required under the Species at Risk Act for terrestrial wildlife species listed in Schedule 1 of the Act as Extirpated, Endangered or Threatened, for activities that affect any part of its critical habitat, or the residences of its individuals, where those prohibitions are in place.

Cumulative effects on areas of federal jurisdiction

Public and Indigenous Concerns: Concerns regarding development in the area and public and Indigenous groups have indicated that a federal impact assessment should be carried out, there are often effects to federal lands from projects that are not considered by the province. As an example, concern was expressed that contaminants will effect regional ground water aquifers.

FA Perspective:

Health Canada: Health Canada noted the incorporation of the extraction project and processing facility as an inclusive approach. The inclusive approach supports a cumulative effects assessment. The railway yard is another local project in the area which would be relevant to a cumulative effects assessment.

A licence under Manitoba's The Environment Act would include provisions to minimize adverse impacts on the environment.

Canadian Transportation Agency (CTA) approval under section 98 of the Canada Transportation Act

If the railway spur related to the processing activities is part of CN Rail's network, then pursuant to section 98 of the Canada Transportation Act, a company shall not construct a railway line without the approval of the CTA. The Proponent has indicated that the railway spur is part of CN Rail's network and is likely to require approval from the CTA.

Fisheries Act Authorization

As proposed, it appears that the extraction activities will have no in-water works, and no impacts to watercourses from groundwater drawdown. Should works be proposed that may impact fish and fish habitat, this information should be provided to DFO. For example, water crossings that may be required for access roads.

A Fisheries Act paragraph 35(2)(b) Authorization will be required if the activities are likely to cause the harmful alteration, disruption, or destruction to fish habitat and/or a Fisheries Act paragraph 34.4(2)(b) Authorization if the activities are likely to result in the death of fish. The Proponent should submit a Request for Review for DFO which outlines the specific impacts of the activities on fish and fish habitat for review under the Fisheries Act.

DFO also reviews proposals for effects to listed aquatic species at risk, any part of their critical habitat or the residences of their individuals in a manner which is prohibited under sections 32, 33 and subsection 58(1) of the Species at Risk Act.

The Fisheries Act 36(3) prohibits the deposit of deleterious substances into waters frequented by fish, unless authorized by regulations or other federal legislation.

Species at Risk Act Permit

For non-aquatic species listed in Schedule 1 of the Species at Risk Act (SARA) as Extirpated, Endangered or Threatened, a permit may be required from ECCC (e.g. under section 73 of SARA) for activities that affect a listed terrestrial wildlife species, any part of its critical habitat, or the residences of its individuals, where those prohibitions are in place. Such permits may only be issued: if all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted; all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and if the activity will not jeopardize the survival or recovery of the species.

The Environment Act Licence issued by Manitoba Conservation and Climate

A licence under Manitoba's The Environment Act would include provisions to minimize adverse impacts on the environment, as well as set out requirements for land rehabilitation.

The licence application process includes consultation. Proponents are expected to address concerns raised by provincial ministries, Indigenous groups and the public. The Environment Act licensing would include assessment by all impacted departments including but not limited to; Manitoba Health, Mines Branch, Groundwater Management Section, Water Quality Management Section, Water Science and Watershed Management Branch, Forestry Branch, Wildlife and Fisheries Branch, Agriculture and Resource Development, Environmental Compliance and Enforcement, Lands Branch.

Borehole Licence and Closure Plan Approval pursuant to The Mines and Minerals Act

Approval is granted by the Manitoba Agriculture and Resource Development – Mines Branch and is required for drilling, construction and abandonment (sealing) of extraction wells.

Injection permit pursuant to The Groundwater and Water Well Act

Approval of these permit is granted by the Manitoba Agriculture and Resource Development – Water Branch and is required for returning water safely to the aquifer it came from without contamination.

Burning permit pursuant to subsection 19(1) of The Wildfires Act

Approval granted by Manitoba Conservation and Climate and is required for disposing of woody debris through burning. Approval is subject to assessment of the timing of any burning, size of the burn, location of the burn and methods of safety and mitigation.

Water Rights Licence pursuant to The Water Rights Act

Approval granted by Manitoba Conservation and Climate – Drainage and Water Rights Licensing Branch and required to withdraw and divert groundwater for extraction wells.