Public Services and Procurement Canada – Cape Breton Operations (PSPC-CBO) Mine Water Retention Pond, (DFRP# 03759), Hinchey Avenue, Lingan, Cape Breton County, NS

Notice of Determination:

July 14, 2026 - The Federal Authorities have issued their Notice of Determination after evaluation of the project, Cape Breton Operations (PSPC-CBO) Mine Water Retention Pond and have determined that the project is not likely to cause significant adverse environmental effects and can therefore proceed.

This determination was based on a consideration of the following factors:

• Impacts on rights of Indigenous peoples;
• Community and Indigenous knowledge;
• Comments received from the public; and
• Technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination include:

• PSPC should be aware of their responsibilities under Section 5.1 of the MBCA, which describes prohibitions related to the deposition of substances harmful to migratory birds:

  "5.1 (1) No person or vessel shall deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area.

  (2) No person or vessel shall deposit a substance to be deposited in any place if the substance, in combination with one or more substances, result in a substance – in waters or an area frequented by migratory birds or in a place from which it may enter such waters or such an area – that is harmful to migratory birds."

• PSPC must make every effort to avoid contamination of migratory bird habitats on land and in marine/coastal environments with toxic waste, impacted water runoff, and any other harmful substance, and develop contingency plans for responding to scenarios that could impact migratory birds. It is the responsibility of PSPC to ensure their activities are in compliance with the MBCA and its regulations.

• Vegetation clearing or maintenance activities are scheduled to avoid the migratory bird breeding season where feasible.

• Where work must occur between April 15 and August 31, nesting bird surveys are conducted in advance. If active nests are identified, work is suspended and species-appropriate buffers are established to prevent nest disturbance, ensuring compliance with the Migratory Birds Convention Act, s.6 and ECCC guidance.

• PSPC should incorporate a Wildlife Emergency Response Plan into the Project's emergency response contingency plans for scenarios that may impact avifauna directly (e.g., polluting incident causing injury or mortality) or indirectly (e.g., collisions causing mortality, stranding due to light attraction).

• For consideration in emergency response and contingency planning related to accidents and malfunctions, ECCC has prepared Guidelines for Effective Wildlife Response Plans (ECCC 2022) available online at: https://www.canada.ca/en/services/environment/wildlife-plants-species/national-wildlife-emergency-framework.html.

• Plans should include:

  • Measures to deter migratory birds from coming into contact with oil or other polluting substance;
  • Measures undertaken if individuals of migratory birds and/or sensitive habitat become contaminated; and,
  • The type, extent of monitoring, and reporting in relation to various spill events.

• The proponent is responsible for ensuring that all precautions are taken by the contractors to prevent spills or leaks of contaminated waste and/or fuel, and that a contingency plan is prepared in the case of spills. Furthermore, the proponent should ensure that contractors are aware of s.5.1 MBCA prohibitions. Events involving a polluting substance should be reported to the 24-hour environmental emergencies reporting system: 1-800-565-1633.

• Bird mortality incidents of 10 or more birds in a single event, or an individual species at risk, should be reported via ECCC-CWS Main Office (506) 364-5044 or via email to SCFATLEvaluationImpactCWSATLImpactAssessment@ec.gc.ca.

• The proponent should evaluate the available suites of deterrents and hazing tools in case of a wildlife emergency. However, note that an MBCA permit may be required for these activities. MBCA permit applications can be obtained via email at: Permi.Atl@ec.gc.ca

• If contaminated water is exposed and accessible to migratory birds following project construction (i.e., while the mine retention pond is operational), PSPC must develop mitigation measures to deter migratory birds from contacting harmful substances during any time of year (e.g., breeding, migration, and overwintering periods) and for the entire lifetime of the mine retention pond. PSPC should contact ECCC to discuss proposed mitigation approaches prior to their implementation.

• PSPC must demonstrate how they will ensure birds are not exposed to contaminants through direct contact or prey consumption at the artificial pond, and that the concentration of contaminants in the sediment and prey at the discharge site does not increase over time through deposition and lead to increased risk of exposure to staging birds (e.g., shorebirds). 

• Vegetation management practices are timed to avoid the active insect season, with mowing restricted to periods outside peak foraging and breeding windows.

• Habitat features such as coarse woody debris, stumps, and organic litter are retained to support nesting and overwintering life stages, consistent with the Species at Risk Act and the Nova Scotia Endangered Species Act.

• Mine water treatment systems are operated to ensure treated effluent meets established water quality objectives prior to discharge.

• Constructed wetlands, settling ponds, and sediment controls are maintained to prevent the release of deleterious substances, in compliance with the Fisheries Act, s.34.4 and Fisheries and Oceans Canada guidance.

• Access to sensitive habitats is managed through existing site controls, including fencing and signage.

• The proponent should develop mitigations for programs that introduce very loud and random noise disturbance (e.g., blasting programs) during the migratory bird breeding season for their region.

• The proponent should, where possible, prioritize construction works in areas away from natural vegetation while working during the migratory bird breeding season. Conducting loud construction works adjacent to natural vegetation should completed outside the migratory bird breeding season.

• The proponent should keep all construction equipment and vehicles in good working order and loud machinery should be muffled if possible.

• Dogs are required to be kept on leash in naturalized areas to reduce disturbance to wildlife. These measures are implemented through routine operational procedures and do not require additional regulatory approvals.