President's Response

Physical Activities

West High Yield Resources Ltd. is proposing to construct and operate an open-pit mine for the extraction of magnesium-bearing ore at a maximum production capacity of up to 63,500 tonnes per year for approximately two years. The Record Ridge Mine Project (the project) would be located seven kilometres southwest of Rossland, British Columbia.

These physical activities are not prescribed by regulations made under paragraph 109(b) of the Impact Assessment Act (the IAA).

Delegation of Powers to the Impact Assessment Agency of Canada

Under subsection 154(1) of the IAA as amended, the Minister of the Environment may, subject to any terms and conditions that the Minister specifies, delegate to the Impact Assessment Agency of Canada (IAAC) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. The Minister has delegated the powers under section 9 of the IAA to the President of IAAC.

Decision

I, Terence Hubbard, President of IAAC, have decided not to designate the project pursuant to section 9 of the IAA.

Information Considered

In forming my response, I took into account the analysis prepared by IAAC, in its Analysis Report.

Reasons

In making my decision not to designate the project, I considered whether the carrying out of the project may cause adverse effects within federal jurisdiction, or direct or incidental effects, and concluded that the project may cause limited adverse effects within federal jurisdiction. I then considered public concerns related to these effects; the adverse impacts on the Aboriginal and treaty rights of Indigenous Peoples of Canada; and whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction.  

I decided not to designate the project for the following reasons:

• the project must be carried out in compliance with applicable federal and provincial legislative mechanisms;
• the requirements under the below-listed legislative mechanisms, and related consultations with potentially impacted Indigenous Peoples and public engagement, provide a framework to address concerns raised by Indigenous Peoples and members of the public in relation to adverse federal effects; and
• there are means other than an impact assessment, such as the following federal and provincial mechanisms, that provide a framework to address the potential adverse effects within federal jurisdiction that may be caused by the carrying out of the project. These legislative mechanisms include:
  • the federal Fisheries Act, Migratory Birds Convention Act, 1994, Species at Risk Act; and
  • the provincial Mines Act, Environmental Management Act, Wildlife Act and Heritage Conservation Act.