Environmental assessment act
section 9
notice of approval to proceed with the undertaking

RE: Amended Environmental Assessment for the Hammond Reef Gold Mine Project

Proponent: Agnico Eagle Mines Ltd.

EA File No.: EA 03-05-01
EAIMS File No.: 11031

Take notice that the period for requesting a hearing, provided for in the Notice of Completion of the ministry review for the above-noted undertaking, expired on November 30, 2018.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved amended terms of reference, the amended environmental assessment, the ministry review of the amended environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act.
  2. The amended environmental assessment has been prepared in accordance with the approved amended terms of reference.
  3. On the basis of the proponent’s amended 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.
  4. The proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated or remedied.
  5. No other beneficial alternative method of implementing the undertaking was identified.
  6. On the basis of the proponent’s amended environmental assessment, the ministry review and the conditions of approval, the construction, operation, maintenance and closure of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  7. The ministry’s review of: the government, public and Indigenous community submissions on the environmental assessment, the amended environmental assessment and the ministry review has indicated no outstanding concerns that have not been addressed or cannot be addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required.
  8. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required; as such, a hearing is unnecessary and would cause undue delay to the implementation of the undertaking.

Conditions

The approval is subject to the following conditions:

  1. Definitions

    For the purposes of these conditions:

    “Construction”
    means physical construction activities, including site preparation works, but does not include the tendering of contracts.
    “Date of Approval”
    means the date on which the Order in Council pertaining to the approval of the amended environmental assessment was signed by the Lieutenant Governor-in-Council.
    “Director”
    means the Director of the Environmental Assessment and Permissions Branch.
    “District Manager”
    means the Manager of the Ministry’s Thunder Bay District Office.
    “District Office”
    means the Ministry’s Thunder Bay District Office.
    “EAPB”
    means the Environmental Assessment and Permissions Branch of the Ministry of the Environment, Conservation and Parks.
    “Environmental Assessment”
    means the document titled Hammond Reef Gold Project Environmental Impact Statement/Environmental Assessment Report, Version 3 – Amended, January 2018.
    “Indigenous Communities”
    means Couchiching First Nation, Lac des Milles Lacs First Nation, Lac La Croix First Nation, Métis Nation of Ontario Region 1, Mitaanjigamiing First Nation, Naicatchewenin First Nation, Nigigoonsiminikaaning First Nation, Rainy River First Nation, Seine River First Nation and Wabigoon Lake Ojibway Nation.
    “Ministry”
    means the Ministry of the Environment, Conservation and Parks.
    “Proponent”
    means Agnico Eagle Mines Ltd., its agents, successors, and assigns.
    “Regional Director”
    means the Director of the ministry’s Northern Regional Office.
    “Site”
    means the approximately 2,300 hectare area of land at the end of Sawbill Road and the peninsula containing Mitta Lake within Upper Marmion Reservoir, located approximately 23 kilometres north of the Town of Atikokan within the Rainy River District.
    “Undertaking”
    means the construction, operation, closure and decommissioning of a new open pit gold mine, ore processing facility and associated ancillary activities, collectively referred to as the Hammond Reef Project, as described in the proponent’s amended environmental assessment.
  1. General Requirements
    1. The Proponent shall implement the Undertaking in accordance with the Environmental Assessment, which is 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 this Undertaking.
    2. The Proponent shall fulfill all commitments made during the environmental assessment process, including those identified in chapter 9 and the accompanying corrections document of the Environmental Assessment.
    3. Should the Proponent wish to make changes to any document required by these conditions after the document has been accepted or approved by the Ministry, the Proponent shall obtain the written approval for the proposed changes from the Ministry decision-maker in the condition requiring the document.
    4. For any document required by these conditions to be prepared, submitted and/or posted publicly by the Proponent, the Director may determine that the Proponent is no longer required to prepare, submit or post the document. The Director shall provide written notice of the decision to the Proponent.
    5. The conditions of the notice of approval do not prevent more restrictive conditions being imposed under other statutes.
  2. Public Record
    1. Where a document is required for the public record, the Proponent shall post the document on the Proponent’s website for the Undertaking and shall provide one hardcopy and one electronic copy of the document to the Director.
    2. The Environmental Assessment reference number 11031 and file number 03‑05‑01 shall be quoted on all documents submitted to the Ministry pursuant to this notice of approval.
    3. For every document submitted to the Ministry, the Proponent shall clearly identify which condition of approval the document is meant to fulfill.
  3. Compliance Monitoring Program
    1. The Proponent shall prepare and submit to the Director for approval an environmental assessment compliance monitoring program.
    2. The compliance monitoring program shall be submitted to the Director within 60 days of the Date of Approval or such other date agreed upon by the Director in writing.
    3. The compliance monitoring program shall include the following components:
      1. Project status update on the implementation of the Undertaking;
      2. A framework for compliance monitoring for the commitments made during the environmental assessment process, including those identified in chapter 9 and the accompanying corrections document of the Environmental Assessment;
      3. A framework for compliance monitoring for environmental monitoring, mitigation measures, additional studies and work as described in the Environmental Assessment, including those identified in chapter 8 and the accompanying corrections document of the Environmental Assessment, and when these activities have been or will be carried out;
      4. A framework for compliance monitoring for the conditions in this notice of approval;
      5. A framework for a summary of ongoing public and Indigenous consultation activities, including consultation that was committed to in the Environmental Assessment, and when these activities have been or will be carried out; and
      6. A complaint protocol that sets out provisions for dealing with and responding to inquiries and complaints during all stages of the Undertaking.
    4. The Director may require the Proponent to amend the compliance monitoring program at any time. Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete and submit the amendment to the Director.
    5. The Proponent shall submit the amended compliance monitoring program to the Director within the time period specified by the Director in the written notice.
    6. The Proponent shall implement the compliance monitoring program, including any amendments to it.
    7. The Proponent shall post the approved compliance monitoring program to its website for the Undertaking.
  4. Compliance Reporting
    1. The Proponent shall prepare an annual compliance report outlining the results of the compliance monitoring program (Condition 4).
    2. The first compliance report shall be submitted to the Director for review one year following the Date of Approval. Each subsequent annual compliance report shall be submitted on the date that is the anniversary of the Date of Approval thereafter. Each report shall cover the previous year.
    3. The Proponent shall submit annual compliance reports until all conditions in this Notice of Approval are satisfied or the Proponent is instructed otherwise in writing by the Director.
    4. The Proponent shall notify the Director in writing when the final annual compliance report is being submitted. The Director will confirm in writing whether the annual compliance reporting requirements in Conditions 5.1-5.3 have been fulfilled.
    5. The Proponent shall retain, either on Site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities. The Proponent shall post the annual compliance reports for each reporting year on its website for the Undertaking.
    6. The proponent shall make the compliance reports and associated documentation available to the Director or a designate in a timely manner when requested to do so by the Ministry.
  5. Consultation with Indigenous Communities
    1. The Proponent shall prepare an Indigenous consultation plan that shall include, but not be limited to, the following:
      1. The identification of each key milestone during the Undertaking;
      2. How the Proponent will consult the Indigenous Communities about each key milestone during the Undertaking;
      3. How the Proponent will share or exchange information with the Indigenous Communities as part of each key milestone during the Undertaking;
      4. A list of permits or approvals required by any government agency or jurisdictional authority required for the Undertaking;
      5. How the Proponent will engage or consult with the Indigenous Communities as part of the application process for the permits or approvals required by any government agency or jurisdictional authority for the Undertaking;
      6. How the Proponent will make opportunities available for the Indigenous Communities to receive any information required by the conditions in this notice of approval;
      7. A list of the environmental monitoring and reporting activities that are to be completed as part of the Undertaking;
      8. How the Proponent will engage or consult with the Indigenous Communities as part of the environmental monitoring and reporting activities that are to be completed for the Undertaking, including a commitment to consider any requests from Indigenous Communities to receive information about or participate in environmental monitoring and reporting activities;
      9. How the Proponent will fulfill the commitments made to the Indigenous Communities during the environmental assessment process;
      10. How the Proponent will inform the Indigenous Communities when impacting activities will occur so that the communities will have a reasonable opportunity to carry out specific cultural practices beforehand, as they consider appropriate;
      11. How the Proponent will notify the Indigenous Communities if archaeological resources or Indigenous remains are encountered during the Undertaking.
    2. The Proponent shall consult with the Indigenous Communities during the development of the plan and incorporate comments received as appropriate.
  6. Traditional Knowledge
    1. The Proponent shall make opportunities available for the Indigenous Communities to provide additional traditional knowledge and traditional land and resource use information during implementation of the Undertaking. At a minimum, this shall occur as part of the Proponent’s notifications and consultation to the Indigenous Communities about key milestones and permit and approval applications as required by Condition 7.1.
    2. The Proponent shall consider and address, as appropriate, any additional traditional knowledge and traditional land and resource use information that Indigenous Communities may provide during implementation of the Undertaking.
  7. Water Taking Contingency Planning
    1. Prior to the start of Construction, the Proponent shall prepare, to the satisfaction of the District Manager, water taking contingency planning measures related to avoidance or mitigation of conflicts between the Proponent’s water taking activities for the Undertaking and the Seine River Water Management Plan 2004-2014 (as amended).
    2. The Proponent shall consult with the District Office, the Ministry of Natural Resources and Forestry’s Fort Frances District Office and the signatories to the Seine River Water Management Plan, including Valerie Falls Limited Partnership and H2O Power (as amended), during the development of the water taking contingency planning measures.
    3. Pursuant to Condition 6.1(f), the Proponent shall provide feedback to any Indigenous Communities that provided comments on draft water taking contingency planning measures on how the comments were considered and addressed, as appropriate.
    4. The Proponent shall submit the final water taking contingency planning measures to the District Manager prior to the submission of any final applications for permits or approvals required under the Environmental Protection Act or Ontario Water Resources Act for the Undertaking or such other time as agreed to in writing by the District Manager.
    5. The Proponent shall implement the water taking contingency planning measures until such time as the District Manager>, in consultation with the parties in Condition 8.2, notifies the Proponent in writing that it is no longer required for the water taking contingency planning measures to be in place for the Undertaking.
    6. The District Manager may require changes to be made to the water taking contingency planning measures. The Proponent shall consult on the changes with the parties in Condition 8.2 and implement the measures in accordance with the required changes.
  8. Surface Water Quality Monitoring
    1. Prior to the start of Construction, the Proponent shall prepare, in consultation with the District Office, and to the satisfaction of the District Manager, a comprehensive surface water quality monitoring program, including trigger values and appropriate mitigation measures to minimize impacts to the environment.
    2. Pursuant to Condition 6.1(f), the Proponent shall provide feedback to any Indigenous Communities that provided comments on the draft surface water quality monitoring program on how the comments were considered and addressed, as appropriate.
    3. The Proponent shall submit the final surface water quality monitoring program to the District Manager prior to the submission of any final applications for permits or approvals required under the Environmental Protection Act or Ontario Water Resources Act for the Undertaking or such other time as agreed to in writing by the District Manager.
    4. The Proponent shall implement the surface water quality monitoring program until such time as the District Manager notifies the Proponent in writing that the program is no longer required.
    5. The District Manager may require changes to be made to the surface water quality monitoring program and the Proponent shall make the changes and implement the program in accordance with the required changes.
  9. Ambient Air Quality Monitoring
    1. The Proponent shall develop an ambient air quality monitoring plan for the Undertaking in consultation with the District Office and for approval by the District Manager.
    2. Prior to the submission of the final monitoring plan, the Proponent shall, as appropriate, amend or revise the plan to address any comments received from the Ministry and/or from any Indigenous Communities. The Proponent shall include in the submission a description of how comments were considered and/or incorporated.
    3. The Proponent shall submit the ambient air quality monitoring plan to the District Manager a minimum of 90 days prior to the start of Construction or by such other date as agreed to in writing by the District Manager.
    4. The Proponent shall implement the ambient air quality monitoring program prior to the start of Construction or at such other time that may be determined by the District Manager and shall continue monitoring until such time as the District Manager notifies the Proponent in writing that the ambient air monitoring program is no longer required.
    5. The Proponent shall report the results of ambient air quality monitoring program to the District Manager in accordance with the ambient air quality monitoring plan.
    6. The District Manager may require changes to be made to the ambient air monitoring plan and the Proponent shall make the changes and implement the plan in accordance with the required changes.
  10. Notice of Construction
    1. The Proponent shall notify the Director and Regional Director and the Indigenous Communities 90 days prior to the start of Construction, or such other date as agreed to in writing by the Director, of the Proponent’s intention to proceed with Construction of the Undertaking.
  11. Incorporation of Corrections Document
    1. The Proponent shall update the Environmental Assessment to accurately incorporate the corrections document dated May 2018 that was submitted after the submission of the Environmental Assessment. All components of the corrections document shall be incorporated in order that the standalone corrections document will no longer be necessary.
    2. The Proponent shall submit the updated Environmental Assessment to the Director prior to Construction or such other date as agreed to in writing by the Director.
    3. The Proponent shall post the updated Environmental Assessment on the Proponent’s website for the Undertaking, with the date of posting clearly marked on the updated Environmental Assessment.
  12. Amending Procedures
    1. Prior to implementing any proposed changes to the Undertaking, the Proponent shall arrange a meeting with the Director to determine if any Environmental Assessment Act requirements may be applicable to the proposed changes.
  13. Duration of Approval
    1. If Construction has not commenced within 10 years of the Date of Approval, this notice of approval shall expire.

Dated the 5 day of May 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks
777 Bay Street, 5th Floor
Toronto, Ontario
M7A 2J3

Approved by O.C. No. _____________
Date O.C. Approved ______________

Order in Council 768/2019