President's Response

Physical Activities

Wyloo Ring of Fire Ltd. is proposing to construct, operate, decommission and abandon a multi-metal underground mine to produce and supply nickel, copper, and platinum group metals. The proposed Eagle's Nest Mine Project (the project) is located approximately 540 kilometres north of Thunder Bay, Ontario, and 240 kilometres west of James Bay in the Ring of Fire mining area. The project will produce approximately 3,000 tonnes of ore per day and is expected to operate for approximately 12 to 15 years. The on-site metal mill would have an ore input capacity of approximately 3,000 tonnes per day. The project would have a surface footprint of approximately 100 hectares.

These physical activities are not prescribed by regulations made under paragraph 109(b) of the Impact Assessment Act (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, Climate Change and Nature (the Minister) 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 to not designate the project, I considered whether the carrying out of the project may cause adverse effects within federal jurisdiction, direct or incidental effects, and concluded that the project may cause these potential adverse effects. I then considered 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 and the direct or incidental adverse effects.  

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 proponent has been actively consulting with numerous Indigenous groups, working to address potential impacts of the project, and is committed to: continuing their relationship-building efforts through all phases of the project, transparently sharing baseline data and project activities with Indigenous groups; having timely and ongoing dialogue with Indigenous groups; addressing concerns where possible; and providing ongoing engagement through all phases of the project.
• The requirements under the legislative mechanisms listed below, 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.
• There are means other than an impact assessment, such as the following federal and provincial mechanisms, that would permit a jurisdiction to address the adverse effects within federal jurisdiction and the direct or incidental adverse effects that may be caused by the carrying out of the project. These legislative mechanisms include:
  • the federal Fisheries Act, Metal and Diamond Mining Effluent Regulations, Species at Risk Act, Migratory Birds Convention Act, 1994; and,
  • the provincial Mining Act, Environmental Protection Act, Endangered Species Act and the Species Conservation Act, 2025 (when proclaimed in force to replace the Endangered Species Act), Ontario Heritage Act, and the Ontario Water Resources Act.