Windfall Mining Project

President's response

Physical activities

Windfall Mining Group Inc., a subsidiary of Gold Fields Limited, is proposing the construction, operation and decommissioning of a new underground gold mine. The site would be located approximately 115 km east of Lebel-sur-Quévillon, in the Nord-du-Québec region, in Quebec. The project would have an ore production capacity of 4,950 tonnes per day and an approximate mine life of 10 years. The project would include two underground access ramps (tunnels), an ore processing plant with a processing capacity of 4,080 tonnes per day, facilities for the management of mine waste and tailings, and a camp for approximately 600 workers.

These physical activities are not prescribed by regulations made under subsection 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, the Minister of the Environment (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 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 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 a federal 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 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 in relation to adverse federal effects.
• There are means other than a federal 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, Migratory Birds Convention Act, 1994, Species at Risk Act, and Canadian Navigable Waters Act; and
  • the environmental and social protection regime that applies in the James Bay region set out in Section 22 of the James Bay and Northern Quebec Agreement (JBNQA), including an environmental and social impact assessment.