Approval of the Côté Gold Project environmental assessment

The Ministry of the Environment and Climate Change’s approval of the environmental assessment for a new open pit gold mine in the Côté Lake Area.

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Notice of approval

Proponent: iamgold Corporation
Environmental assessment file number: EA-05-09-02
EAIMS file number: 13022

Take notice that the period for requesting that the application or matters related to the application be referred to the Environmental Review Tribunal for a hearing and decision, provided for in the Notice of Completion of the Ministry Review for the above noted Environmental Assessment, expired on April 29, 2016.

I received no submissions under Subsection 7.2(3) of the Environmental Assessment Act requesting that the application or matters that relate to the application be referred to the Environmental Review Tribunal for a hearing and decision. Therefore consider referring the application or matters that relate to the application to the Tribunal to be unnecessary.

Having considered the matters, as set forth under Subsection 9(2) of the Environmental Assessment Act, that should be considered when making a decision under Subsection 9 of the Act, I hereby give approval to proceed with the Undertaking subject to the conditions set out below.

Reasons

My reasons for giving approval are:

The Proponent has complied with the requirements of the Environmental Assessment Act.
The Environmental Assessment has been prepared in accordance with the approved Terms of Reference.
On the basis of the Proponent’s Environmental Assessment and the Ministry Review, the Proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
No other beneficial alternative method of implementing the undertaking was identified.
The Proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated, or remedied.
On the basis of the Proponent’s Environmental Assessment, the Ministry Review and the conditions of approval, the Construction, operation and maintenance of the Undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
The government agency, public and Aboriginal review of the Environmental Assessment has indicated no outstanding concerns that cannot be addressed through commitments made in the Environmental Assessment, through the conditions set out below, or through future additional approvals that will be required.

Conditions

The approval is subject to the following conditions:

1. Definitions

For the purposes of these conditions:

Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment

means Aundeck Omni Kaning First Nation; Beaverhouse First Nation; Brunswick House First Nation; Chapleau Ojibwe First Nations, Conseil de la Premiere Nation Abitibiwinni, Flying Post First Nation (represented by Wabun Tribal Council); Matachewan First Nation; Mattagami First Nation (represented by Wabun Tribal Council); Missanabie Cree First Nation; M'Chigeeng First Nation; Serpent River First Nation; Taykwa Tagamou Nation; Wahgoshig First Nation; Metis Nation of Ontario – Region 3 (which represents Northern Lights and Temiskaming Metis Councils).

Construction

refers to physical construction activities, including Site preparation, but does not include the tendering of contracts . Site preparation includes: initiation of overburden stripping; establishment of water management and flood protection infrastructure; construction of dams and water realignment channels/ditches; and, construction of support buildings and infrastructure.

Director

means the Director of the Environmental Approvals Branch.

Date of Approval

means the date on which the Order in Council pertaining to the approval of the Environmental Assessment was signed by the Lieutenant Governor-inCouncil.

District Manager

means the Manager of the Ministry’s Timmins District Office.

EAB

means the Environmental Approvals Branch of the Ontario Ministry of the Environment and Climate Change.

Environmental Compliance Approval Director

means the director within the Ministry of the Environment and Climate Change responsible for approving Environmental Compliance Approval applications.

Environmental Assessment

means the document titled Final Environmental Assessment Report (Amended Environmental Impact Statement) Cote Gold Project, January 2015.

Ministry

means the Ontario Ministry of the Environment and Climate Change.

Permit to Take Water Director

means the director within the Ministry of the Environment and Climate Change responsible for approving Permit to Take Water applications.

Proponent

means iamgold Corporation, its agents, successors and assigns.

Regional Director

means the Director of the Ministry’s Northern Regional Office.

Site

means the physical area overprinted by mine-related project components (e.g. open pit, tailings management area, mine rock area, ore stockpiles, polishing pond, processing plant, transmission line), in the Townships of Chester and Neville, in the District of Sudbury.

Undertaking

means the planning, design, Construction, operation, closure and eventual rehabilitation of an open pit mine and ancillary components, as described in the Proponent’s Environmental Assessment, generally comprised of but not limited to the following elements:

Open pit, approximately 210 hectares (ha) in area, with a depth of approximately 550 metres
Mine rock area for approximately 20 million tonnes (Mt) of overburden and 850 Mt of mine rock
Ore processing plant
Tailings management area covering an area of approximately 840 ha to provide capacity for the storage of approximately 261 Mt of tailings over the expected life of the Undertaking
Water management facilities including drainage works, pipelines, water management ponds, dams, and watercourse realignments
Support facilities and infrastructure including but not limited to administrative buildings, accommodations, explosive facilities, as well as water and waste management facilities
Transportation infrastructure for the Site, including a realignment of two kilometres (km) of the existing EACOM forestry road and a new 8.5 km main access road
A new 230 kilovolt (kV) transmission line (approximately 120 km in length) connected to the existing Hydro One network in Timmins
The decommissioning, closure and post-closure of the mine and mine-related infrastructure

2. General requirements

The Proponent shall comply with the provisions in the Environmental Assessment, which are hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and as provided in any other approval or permit that may be issued for the Site.
These conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.

3. Public record

Where a document, plan or report is required to be submitted to the Ministry, the Proponent shall provide two copies of the final document, plan or report to the Director: a copy for filing in the specific public record file maintained for the Undertaking, and a copy for use by Ministry staff. The Proponent shall provide additional copies of the documents required for the public record file to the following for access by the public:
1. Regional Director
2. District Manager
3. iamgold Corporation office in Gogama, Ontario
The EAB file number EA-05-09-02 and "EAIMS" file number 13022 shall be quoted on all documents submitted by the Proponent pursuant to Condition 3.1 of this Notice of Approval.
Without removing the requirement to comply with the foregoing Public Record conditions, the Proponent should also provide the documents itemized above on the Proponent’s website for the Undertaking and through other means, as it considers appropriate.

4. Environmental assessment report

The Proponent shall post the Côté Gold Environmental Assessment Errata document dated June 15, 2015 on the Proponent’s website for the Undertaking. The Proponent shall update the Summary of the Environmental Assessment Report to reflect the addition of the Errata and to itemize what sections of the Environmental Assessment Report have been impacted by it, and shall post the updated Summary on the website. The Proponent shall update the Table of Contents of the Environmental Assessment Report to reflect that the Errata is included as part of Environmental Assessment Report, and shall post the updated Table of Contents on the website.

5. Compliance Monitoring Program report

The Proponent shall prepare and submit to the District Manager and Director, and make available to the public on the Proponent website, an Environmental Assessment Compliance Monitoring Program.
The Compliance Monitoring Program Report shall be submitted 60 days before the start of Construction or by such other date as may be agreed to in writing by the District Manager and Director.
The Compliance Monitoring Program Report shall describe how the Proponent will monitor its fulfilment of:
1. the provisions of the Environmental Assessment pertaining to mitigation measures, public consultation, and additional studies and work to be carried out
2. all other commitments made by the Proponent during the Environmental Assessment process including the Commitments Registry as contained in the Environmental Assessment Commitment Tables dated February 8, 2016
3. the conditions included in this Notice of Approval
The Compliance Monitoring Program Report must contain an implementation schedule for Construction, operations, and closure, as well as for monitoring during Construction, operations and closure.
When the Proponent submits the Compliance Monitoring Program Report to the District Manager and Director, the Proponent shall append a statement indicating that the Compliance Monitoring Program Report is intended to fulfil Condition 5 of this Notice of Approval.
The District Manager or Director may require the Proponent to amend the Compliance Monitoring Program Report at any time. Should an amendment be required, the District Manager/Director will notify the Proponent, in writing, of the required amendment and the date by which the Proponent must complete the amendment and submit it to the District Manager/Director.
The Proponent shall carry out the Compliance Monitoring Program, as detailed in the Compliance Monitoring Program Report, and as it may be amended by the District Manager/Director.
The Proponent shall make the documentation resulting from the fulfillment of the Compliance Monitoring Program available to the District Manager or Director upon request, in a timely manner, when so requested by Ministry staff in relation to an on-Site inspection, an audit, a pollution incident report, or compliance.

6. Compliance reporting

The Proponent shall prepare an annual Compliance Report which describes its compliance with the conditions of approval set out in this Notice of Approval, and which describes the results of the Proponent’s Environmental Assessment Compliance Monitoring Program required by Condition 5 of this Notice of Approval.
The first annual Compliance Report shall be submitted to the District Manager and Director and made available to the public on the Proponent website within one year from the start of Construction and shall cover all activities of the previous 12 month period.
Subsequent Compliance Reports shall be submitted to the District Manager and Director, and made available to the public, on or before the anniversary of the start of Construction each year thereafter, until it has submitted its final Compliance Report. Each Compliance Report shall cover all activities of the previous 12 month period.
Once all conditions in this Notice of Approval have been satisfied, the Proponent shall indicate in its annual Compliance Report that the Compliance Report is its final Compliance Report, and that all conditions in this Notice of Approval have been satisfied. The District Manager and Director may vary the time at which the Proponent is to provide its final Compliance Report, and will state this in writing to the Proponent.
The Proponent shall retain, either on Site or in another location approved by the District Manager or Director, a copy of each of the annual Compliance Reports and any associated documentation of compliance monitoring activities.
The Proponent shall make the Compliance Reports and associated documentation available to the District Manager and Director in a timely manner when requested to do so by Ministry staff.

7. Complaint protocol

The Proponent shall prepare and implement a Complaint Protocol that sets out how it will deal with and respond to inquiries and complaints received during the design, Construction, operation, and closure of the Undertaking.
The Proponent shall submit the Complaint Protocol to the District Manager and Director, for the public record, 60 days before the start of Construction or such other date as may be agreed to in writing by the District Manager/Director.
The District Manager or Director may require the Proponent to amend the Complaint Protocol at any time. If an amendment is required, the District Manager/Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete the amendment and submit it to the District Manager/Director.
The Proponent shall carry out the Complaint Protocol, as it may be amended by the District Manager/Director.

8. Community Communication Plan

The Proponent shall prepare and implement a Community Communication Plan that sets forth:
1. How the Proponent will disseminate information to interested persons;
2. How the Proponent will notify interested persons and keep them informed about Site activities; and,
3. What procedures the Proponent will use to keep interested persons apprised of information about documents related to the Undertaking, and when and how the Proponent will make updated information and documents available to them.
The Proponent shall submit a Community Communication Plan to the Director 60 days before the start of Construction or by such other date as may be agreed to in writing by the Director.
The Proponent shall implement the Community Communication Plan during Construction, operations, and closure phases of the Undertaking.

9. Consultation with Aboriginal Communities

The Proponent shall prepare, in consultation with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment process, an Aboriginal Consultation Plan that sets forth:
1. How, during the planning, design, Construction, operation, monitoring and closure of the Undertaking, the Proponent will consult with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment;
2. How the Proponent will fulfill all commitments made to Aboriginal communities during the Environmental Assessment process, including ongoing consultation about the planning, design, Construction, operation, monitoring and closure of the Undertaking;
3. How the Proponent will notify Aboriginal Communities, using a Notification Protocol, if archaeological resources or Aboriginal remains are encountered during the life of the Undertaking;
4. How the Proponent will issue notices and updates on key steps in the planning, design, Construction, operation, and closure of the Undertaking, including how the Proponent will inform the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment as to when impacting activities will occur so that interested communities have reasonable opportunity to carry out specific cultural practices beforehand, as they consider appropriate;
90 days before the start of Construction or by such other date as may be agreed to in writing by the Director, the Proponent shall submit the Aboriginal Consultation Plan to the Director, with an outline of how the Proponent consulted on it as per Condition 9.1 above.
Once the Director is satisfied with the Aboriginal Consultation Plan, the Proponent shall implement the Aboriginal Consultation Plan during the planning, design, Construction, operation, and closure of the Undertaking.

10. Archaeological assessment

If during the life of the Undertaking any archaeological resources are discovered, all Construction activities within 100 metres of the archaeological resources will cease immediately and a licensed archaeologist will be retained to carry out the necessary fieldwork in compliance with Section 48(1) of the Ontario Heritage Act.
Archaeological resources that require removal from the place where they are discovered will be transferred to a public institution selected through consultation with local Aboriginal communities, in consultation with the Ministry of Tourism, Culture and Sport.

A Ministry of Tourism, Culture and Sport collection transfer form will be completed by the surrendering licensee and the institution accepting the materials. Collection shall be curated to current standards.

11. Surface water quality

When applying for an industrial sewage works Environmental Compliance Approval , the Proponent shall provide, to the satisfaction of the Ministry, updated baseline data and assessment of potential impacts from the discharge of seepage and effluent to specific surface water receivers.
Prior to submitting its application for an industrial sewage works Environmental Compliance Approval, the Proponent shall develop, to the satisfaction of the Ministry’s Regional Technical Support Section, receiver-based effluent discharge criteria consistent with provincial water management policies and Procedure B-1-5 (Deriving Receiving-Water Based, Point-Source Effluent Requirements for Ontario Waters, July 1994). If necessary, the Proponent shall propose enhanced treatment or alternate treatment to achieve receiver-based effluent discharge criteria. The Proponent shall submit these materials to the Environmental Compliance Approval Director when applying for its industrial sewage works Environmental Compliance Approval.
When developing receiver-based effluent discharge criteria, the Proponent shall provide, to the satisfaction the Ministry’s Regional Technical Support Section, updated baseline data to characterize temporal variability, and to ensure data adequacy for the provincial approval process and for statistical design of the Environmental Compliance Approval monitoring program. The updated baseline data shall include depth-stratified sampling from Neville and Mesomikenda Lakes during summer thermal stratification.
When developing receiver-based effluent discharge criteria, the Proponent shall submit an assessment of mine-origin nutrient impacts to surface water that have been completed to the satisfaction of the Ministry’s Regional Technical Support Section. This assessment shall include updated baseline data with additional multiple years of low level total phosphorus samples in proposed receivers of domestic sewage effluent and mine effluent, and multiple years of end-of-summer (mid-August to mid-September) temperature and dissolved oxygen profiles from the deepest locations in Neville Lake and every basin of Mesomikenda Lake. The Proponent shall evaluate the potential for mine development (effluent discharge, changes in land use, altered hydrology) to impact thermal and dissolved oxygen habitat for lake-dwelling cold water fish species, including in Neville Lake and Mesomikenda Lake, and if necessary shall develop mitigation measures such as receiving water-based effluent criteria for nutrients. The Proponent shall include these details in its mine-origin nutrient impact assessment.

12. Groundwater

The Proponent shall submit to the Environmental Compliance Approval Director a waste rock adaptive management approach proposal, prepared to the Ministry’s satisfaction, which outlines the Proponent’s strategy for ensuring that waste material that is potentially acid generating (based on geochemical monitoring) will ultimately be randomly distributed in the waste rock area during Construction, operations and closure phases of the Undertaking. The Proponent shall submit its waste rock adaptive management approach proposal with its industrial sewage Environmental Compliance Approval application and in its Closure Plan submission to the Ministry of Northern Development and Mines.
The Proponent shall submit a hydrogeological model sensitivity analysis with the submission of its industrial sewage Environmental Compliance Approval application to the Environmental Compliance Approval Director and Permit to Take Water application. The Proponent shall assess the model’s sensitivity to changes in the hydraulic conductivity of each model layer, both individually and across a wider range of realistic values, to demonstrate that it can accurately represent field test results.
To the satisfaction of the Ministry, the Proponent shall collect geological and hydrogeological field data and carry out modelling to adequately characterize seepage pathways from the tailings management facility , and develop: robust mitigation measures; a visual inspection program; a seepage monitoring program; a groundwater monitoring program; and a tailings management facility seepage contingency plan including an explanation of what mechanisms will trigger the application of the seepage contingency plan. The Proponent shall submit this information to the Environmental Compliance Approval Director together with its industrial sewage works Environmental Compliance Approval application and Permit to Take Water application.
The Proponent shall provide specific details regarding waste rock pile seepage and runoff collection, monitoring, treatment and contingencies in support of its industrial sewage works Environmental Compliance Approval application and in its Closure Plan submission to the Ministry of Northern Development and Mines.

13. Polishing pond discharge pipeline alignment

Prior to obtaining Ministry of Natural Resources and Forestry approval to construct the polishing pond discharge pipeline, the Proponent shall submit, to the satisfaction of the Timmins District Planner at the Ministry of Natural Resources and Forestry, a report that describes the polishing pond discharge pipeline’s proposed alignment from the polishing pond to the effluent discharge location.
The report shall, at a minimum, describe:
1. the preferred pipeline alignment
2. the activity and works required for the construction of the pipeline
3. potential impacts from the pipeline to fish and wildlife, and proposed mitigation steps
4. details of property ownership over lands where the pipeline will be located
5. best management practices acceptable to the Ministry of Natural Resources and Forestry, for the construction of the pipeline

14. Transmission line crossing at Mesomikenda Lake

Prior to obtaining the necessary approvals in order to construct the transmission line, the Proponent shall consult with staff at the Ministry of Natural Resources and Forestry’s Timmins District Office about the final details regarding the transmission line crossing at Mesomikenda Lake.
The Proponent shall then prepare a report, to the satisfaction of the Ministry of Natural Resources and Forestry, that at a minimum will describe:
1. the final location of the transmission line crossing at Mesomikenda Lake
2. the activity and works required for the construction of the transmission line crossing at Mesomikenda Lake
3. potential impacts to fish and wildlife from the construction of the transmission line crossing at Mesomikenda Lake, and proposed mitigation steps
4. details of property ownership over lands where the transmission line crossing will be located
5. best management practices, acceptable to the Ministry of Natural Resources and Forestry, for the construction of the transmission line crossing at Mesomikenda Lake

15

The Proponent shall provide copies of the reports referenced in Conditions 13 and 14, plus its applications for Permits to Take Water and Environmental Compliance Approvals, to the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment process, when it submits those materials to the Ministry of Natural Resources and Forestry and the Ministry, respectively.

16. Tailings management and related climate change considerations

The Proponent shall fulfill all requirements and commitments related to tailings management , including maintaining a sufficient water cover over deposited tailings and fulfilling monitoring requirements detailed in provincial regulatory documents , including the Closure Plan and any other permits and approvals associated with the Undertaking. In addition, the Proponent shall consider deterrent systems to ward off bird and animal life from accessing the tailings management area and polishing pond during operation and decommissioning.
The Proponent shall assess and utilize provincial, national and international industry best practices for tailings management and water management containment facilities as they relate to climate change and the increasing frequency of severe weather abnormalities. The management of tailings, based on this assessment, shall be done in a manner adequate to ensure the appropriate management of any contaminants that may be present during and beyond the operating life of the Undertaking. The Proponent shall, as part of the Compliance Reports required under Condition 6, or otherwise specified in writing by the Director, provide details to the Ministry on how actions required by this condition have been considered in the project design, operations and the Closure Plan for the Undertaking.

17. Protection of biodiversity and the Terrestrial Systems and Habitat Monitoring Plan

The Proponent shall assess and utilize best practices to protect the biodiversity of existing species within the area of the Undertaking. In consultation with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment, and building on the baseline studies already completed during the Environmental Assessment process including aquatic resources, terrestrial and species at risk baselines, the Proponent shall establish a pre-Construction biodiversity baseline and report on biodiversity levels within the area of the Undertaking. The Proponent shall, as part of the Compliance Reports required under Condition 6 or as otherwise specified in writing by the Director, provide details to the Ministry on how the requirements set out in this condition have been and are being met.

The Proponent shall as part of the Compliance Reports required under Condition 6, or otherwise specified in writing by the Director, provide details to the Ministry and to staff at the Ministry of Natural Resources and Forestry’s Timmins District Office on how the requirements set out in this condition are being met.
In addition to fulfilling all commitments with regard to rehabilitating wildlife habitat and terrestrial systems, the Proponent shall consult with the Ministry of Natural Resources and Forestry and with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment on the development of a monitoring plan for terrestrial systems and habitat. The Proponent shall prepare a draft monitoring plan before the start of Construction, and shall provide a draft of it to the Ministry of Natural Resources and Forestry and the Aboriginal Communities for review before the plan is finalized. The monitoring plan for terrestrial systems and habitat shall at a minimum include:
1. The monitoring of ungulates and furbearers in impacted and reference locations. This monitoring would include winter track surveys prior to construction and regularly during operations to determine trends in the frequency and extent of habitat utilization within affected habitat types and to confirm the presence and/or absence of species at risk in the area potentially affected by the Undertaking; and
2. The monitoring of avian species in impacted and reference locations. This monitoring would include a reasonable number of avian point counts every year to determine trends in the frequency and extent of habitat utilization within affected habitat types and to confirm the presence and/or absence of species at risk in the area potentially affected by the Undertaking.
The Proponent shall carry out the plan during Construction, operation and closure of the Undertaking. The purpose of the monitoring plan is to verify the accuracy of the predictions the Proponent made during the Environmental Assessment about the Undertaking’s impacts on terrestrial systems and habitat, to monitor the effectiveness of rehabilitation efforts for wildlife habitat and terrestrial environments, and to implement adaptive management measures to protect biodiversity within the area potentially affected by the Undertaking. The Proponent shall report on biodiversity baseline and results required by Condition 17.1 through the Terrestrial Systems and Habitat Monitoring Plan.

18. Methyl mercury monitoring

To establish baseline conditions, the Proponent shall undertake monitoring of methyl mercury levels prior to dam construction as well as post dam construction to determine if methyl mercury levels in fish tissue and surface water have become elevated as a result of alterations to waterways. The mercury monitoring program shall include, but need not be limited to, data from lakes with water level increases (Bagsverd Lake, Chester Lake), lakes downstream of Chester Lake exposed to re-directed flow (Clam Lake), and other lakes exposed to potential effluent sulfate stimulation (Neville Lake). The Proponent must conduct the methyl mercury sampling and analysis in accordance with Ministry guidance and protocols. The Proponent must prepare a study plan outlining the frequency of proposed sampling during the pre-dam construction and post-dam construction periods, and include this study plan in the Compliance Monitoring Program Report required by Condition 5 of this Notice of Approval. The results of the monitoring will be submitted to the District Manager and made available to the public on the proponent website.

19. Review of the environmental assessment

If, within 5 years of the date on this Notice of Approval, the Proponent has not submitted its applications for Environmental Compliance Approvals and Permits to Take Water to the relevant Ministry Directors, then the Proponent shall engage with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment process in order to conduct a review of the Environmental Assessment to determine if there have been any changes in the uses of lands and resources around the Site for traditional purposes by the Aboriginal Communities who were notified of the Undertaking during the Environmental Assessment process.
The Proponent shall prepare a report that sets out the findings of its review and includes a record of consultation with Aboriginal communities that participated in it, and submit it no later than 90 days after the 5 year anniversary of the date of this Notice of Approval to the Director who will confirm whether the Proponent has complied with Condition 19.1, and to the Aboriginal Communities who were notified of the Undertaking during the Environmental Assessment process. This review report shall detail any changes in the uses of lands and resources around the Site for traditional purposes, and shall state whether and how the Environmental Assessment’s effects analysis, anticipated impacts, and associated mitigation measures remain comprehensive and effective in light of these evolving land uses.
If the review report identifies uses of lands and resources around the Site for traditional purposes that were not considered in the Environmental Assessment, the review report will describe those changes and explain how impacts from the Undertaking on those practices will be mitigated.

20. Duration of approval

If, within 1O years of the date on this Notice of Approval, the Proponent has not started Construction, the Proponent shall prepare a further report in consultation with the Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment, and submit it to the Director, that shall detail any changes in the uses of lands and resources around the Site for traditional purposes, and shall state whether and how to show that the Environmental Assessment’s effects analysis, anticipated impacts, and associated mitigation measures remain comprehensive and effective in light of these evolving land uses. If this further report identifies uses of lands and resources around the Site for traditional purposes that were not considered in the Environmental Assessment, the report must describe those changes and explain how impacts from the Undertaking on those practices will be mitigated. The further report shall also include a detailed description of: the consultation undertaken with the Aboriginal communities that were notified of the Undertaking during the Environmental Assessment in preparation of the report; the Undertaking’s progress to that point in time; the reasons why Construction has not yet commenced; and a forecast of the likelihood that Construction will commence within the following five years.
No later than 90 days after the 10-year anniversary of this Notice of Approval, the Proponent shall submit this further report to the Director who will confirm whether the Proponent has complied with Condition 20.1.
If Site Construction has not commenced within 15 years of the date of this Notice of Approval, the Approval will expire.

21. Notice of construction

60 days prior to the start of Construction, or at such other time as may be stipulated in writing by the Director, the Proponent shall provide notification to the Director of the Proponent’s intention to proceed with Construction of the Undertaking. If, since the date of the Notice of Approval shown below, significant changes have occurred to applicable regulatory regimes or to the existing environment around the Site and those changes could affect the Undertaking or result in any new potential adverse environmental effects from it, the Proponent shall include a description of those changes in its notice of Construction. The Proponent shall provide the notice of Construction to: the Director; the Regional Director of the Ministry; Northeast Regional Director of the Ministry of Natural Resources and Forestry; the Timmins Office Regional Supervisor of the Ministry of Northern Development and Mines; and any other relevant agencies that the Proponent or the Director determine may have an interest in any changes described in the notice of Construction.

22. Climate change

The Proponent shall ensure that the Undertaking is capable of adapting to climate change during all phases of the Undertaking, and to that end the Proponent shall:
1. Plan its Construction practices, operational procedures and design of the Undertaking to respond to storms, flooding (including consideration of the 500-year flood level), drought or other severe weather events resulting from climate change
2. Design the post-closure aspects of the Site to ensure its resilience to climate change impacts, such as by maintaining an appropriate Site water balance and sufficient water cover over the tailings management area
3. Undertake an updated review of climate change scenarios at a point approximately two years prior to implementing final closure of the tailings management area to confirm or modify anticipated future hydrological conditions related to climate change scenarios
4. As part of the Compliance Reports required under Condition 6 above, or otherwise specified in writing by the Director, provide details to the Ministry on how climate change has been incorporated into the design of the Undertaking
5. Include these Climate Change considerations, as appropriate, in the Closure Plan or future Closure Plan amendments that it submits to the Ministry of Northern Development and Mines

23. Best management practices and best available technology

One year prior to the start of the Construction, operation, and closure phases of the Undertaking, or at such other time as may be stipulated in writing by the Director, the Proponent shall undertake reviews of the preferred methods for the following elements of the Undertaking, and shall prepare and submit written reports of the reviews to the Director: the ore processing plant, tailings management facility, mine water management , mine rock area and overburden management, process effluent treatment, water supply and discharge, watercourse realignments, waste management facilities and domestic sewage treatment, and mine closure. In the review reports, the Proponent shall explain whether and how the preferred methods for the aforementioned elements of the Undertaking continue to reflect industry best practices and the best technology available, and whether and how they continue to appropriately balance environmental, economic, and technical considerations. If, following the reviews, the Proponent determines that changes are necessary to the Construction, operation, and/or closure phases of the Undertaking, the Proponent shall include a description of those changes in the review reports.

24. Other permits and approvals

The Proponent shall obtain other necessary permits and approvals including, but not limited to, those to which it has committed in the Environmental Assessment.

25. Construction, operation, maintenance, commitments and contracts

In carrying out the Undertaking, the Proponent shall:
1. Fulfil the commitments it made in the Côté Gold Environmental Assessment process, including those made in the Environmental Assessment and in the Proponent’s responses to comments received during the formal Environmental Assessment public comment periods
2. Meet the regulatory standards applicable throughout the life of the Undertaking, including regarding the Construction, operation and maintenance of the Undertaking. The applicable standards include the conditions of approval contained within this Notice of Approval
3. Obtain any necessary approvals, permits or licenses
4. Require that its contractors, subcontractors, and employees likewise fulfill all applicable conditions and meet all applicable regulatory standards

26. Amending procedures

Prior to implementing any proposed changes to the Undertaking, the Proponent shall determine what Environmental Assessment Act requirements are applicable to the proposed changes and shall fulfill those Environmental Assessment Act requirements. If a contemplated change to the Undertaking would result in no new net effects, it shall be considered a minor amendment. In such cases, the Proponent will be required to provide an Addendum to the Ministry to document the change and demonstrate that there are no new net effects associated with it. The Proponent shall consult with the Ministry about any consultation requirements that may apply, and whether any changes can be permitted without an amendment to the Environmental Assessment.

Dated the 22^nd day of December, 2016

Original signed by:
Minister of the Environment and Climate Change
77 Wellesley Street West, 11^th floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. number: 238/2017
Date O.C. approved: January 19, 2017

Updated: July 05, 2021

Published: February 13, 2017