Question Period Note: Baffinland - Mary River Project

• Protecting the marine environment and marine mammals is a top priority, which is why we are ensuring projects are thoroughly assessed.
• Fisheries and Oceans Canada ensured that conditions are in place to protect the environment and marine mammals in Phase 1 of the project and is also participating in the Nunavut Impact Review Board’s review of the potential impacts of the Phase 2 development proposal.
• DFO is working alongside other stakeholders and Inuit organizations and communities to better understand the potential impacts.

On Narwhal Impacts
• DFO remains committed to assess and provide advice about the impacts to marine mammals, including narwhal.
• DFO continues to be involved in working with and providing advice to the Nunavut Impact Review Board during its review of the Phase 2 development proposal.
• A robust monitoring plan and a commitment to adaptive management is being recommended.

Background
• Once the public hearings have concluded and the public record has closed the Nunavut Impact Review Board (NIRB) will have 45 days to issue an Environmental Assessment (EA) report to the responsible Ministers for decision. The decision by responsible ministers to accept, reject or vary the NIRB’s recommendation must subsequently be communicated to the NIRB in writing within 150 days of receiving the EA Report.
• According to a May 5, 2021 news article, Baffinland sent a letter to employees on April 30 saying that the mine could be shut down in 2022, should the Phase 2 development proposal not be approved. The reason indicated in the letter was a decision by shareholders not to invest more money in the mine because of delays in approval for expansion, and the concern for a potential downturn in the price of iron ore.
• On April 14, 2021, the NIRB extended Public Hearing was suspended due to a positive Covid-19 case in Iqaluit. There is no further information as to when the hearing will resume at this time.
• From April 12-14, 2021, the NIRB resumed the extended Public Hearing in Iqaluit for the Phase 2 development proposal, which has been attracting media attention. Fisheries and Oceans Canada (DFO) is participating in the hearings and has been addressing questions aimed at the Department, like its integration of Inuit Qaujimajatuqangit, or traditional knowledge, into its studies and how the Department will manage the declining population of narwhal.
• On April 12, 2021, the NWT News/North published an article indicating that the Nuluujat Guardians are threatening legal action after the Government of Nunavut would not act upon their written request for an environmental protection investigation of iron ore dust – believing that the issue falls under federal jurisdiction. Environment and Climate Change Canada has taken action in the past, including issuing a direction under the Fisheries Act to reduce the dust issues.
• On March 26, 2021, the Nunatsiaq News published an article stating the Government of Nunavut has rejected a request to investigate iron ore dust from the existing Baffinland mine operations. North Baffin residents had requested the investigation in accordance with a process established under the territory’s Environmental Rights Act, alleging that iron dust from the mine operation is harming plants and wildlife.
• On March 16, 2021, Nunavut Tunngavik Inc. (NTI) announced it is not prepared to support the Phase 2 Development Proposal. The decision is based on technical and procedural concerns with the environmental assessment. NTI would like more Inuit knowledge included in the assessment. NTI staff will still participate in the extended public hearing and continue to try to resolve these issues.
• On March 5, 2021, the Qikiqtani Inuit Association (QIA) announced it will not support the Phase 2 development proposal. The announcement comes after the QIA’s board discussed limited incorporation of Inuit traditional knowledge, the expansion’s impacts on wildlife, including caribou, seal and narwhal, as well as dust produced by mining activities. The next day, Baffinland stated that it will continue community outreach and seek to meet the QIA and others as soon as practicable to discuss a path forward.
• On March 2, 2021, a judge ruled on a decision granting interlocutory injunction against mine site protestors pending court proceedings. Even though their blockade has ended, the protesters are now forbidden from returning to the Mary River iron mine to impede or obstruct activities.
• On February 19, 2020, the media reported on a study linking noise from shipping traffic to adverse effects on Narwhals. The study, conducted by the Scripps Institution of Oceanography, found that shipping in Milne Inlet has increased 583 per cent between 2015 and 2019. Oceans North, who helped fund the study, submitted the study to the NIRB ahead of the public hearings.
• On February 4, 2021, peaceful protesters from Pond Inlet and Arctic Bay formed a blockade at the airstrip and trucking road at the mine site. On February 10, 2021, a judge ordered protestors to allow mine employees to leave the airstrip and operations have resumed.
• The Public Hearing for the phase 2 development proposal resumed on January 26, 2021, and was scheduled to continue for two weeks. On February 1, 2021, the Mittimatalik Hunters and Trappers Organization proposed to extend the hearing after it fell multiple days behind schedule.
• DFO’s Final Written Submission, dated January 15, 2021, states that impacts on freshwater can be mitigated. DFO remains concerned that the impacts to marine mammals from project related shipping activities may not be fully mitigated or avoided. However the extent of these impacts cannot be defined. Thus, robust monitoring and the commitment to adaptive management is crucial to the protection of the marine mammals should the project proceed.
• DFO remains concerned that impacts from ballast water are still possible, thus proposed mitigation and monitoring is crucial to the prevention of an introduction of non-indigenous species and aquatic invasive species. DFO has made recommendations for the NIRB to consider as it drafts the project Terms and Conditions, should Phase 2 be approved.
• The NIRB held Technical Meetings September 14 -18, 2020, for the Mary River Project. A pre-hearing conference was held the week of September 28, 2020. DFO attended by teleconference.
• During the Technical Meetings, DFO noted that narwhal around the community of Kugaaruk are likely influenced by the project shipping activities. Subsequently, the proponent issued a statement to the NIRB that they disagree with DFO’s statement regarding the movement of narwhal and asked that DFO provide data to support its conclusions.
• On September 22, 2020, the NIRB held an emergency meeting to determine if Kugaaruk should be added as an intervener to this hearing because of the potential impacts on the Somerset stock of narwhal.
• Baffinland and the QIA signed an Inuit Certainty Agreement (ICA) on July 6, 2020. The ICA is a new multimillion-dollar benefits agreement that outlines direct community benefits, Inuit oversight of the project and expanded programming for the affected communities.
• On February 11, 2020, the Government of Greenland requested to participate in the environmental assessment of Phase 2 development proposal citing concerns about transboundary impacts on marine mammals, especially narwhal. On June 25, 2020, the Impact Assessment Agency of Canada responded, confirming the application of an international convention (the Espoo Convention) which enables the Government of Greenland to participate in the environmental assessment of Phase 2 development proposal. DFO will continue to provide advice during the environmental assessment related to fish and fish habitat, including narwhal.
• On May 22, 2020, the Minister of Northern Affairs on behalf Responsible Ministers accepted the NIRB recommendation that the Extension Request to the Production Increase Proposal can proceed with revisions to specific Terms and Conditions. Term and Condition 183 was varied as proposed revisions weakened the original intent to address concerns around impacts to marine mammals. The extension would be valid until December 31, 2021 in order to allow for the completion of the Environmental Assessment of Phase 2 development proposal.
• On March 10, 2020, DFO published the most recent Canadian Science Advisory Secretariat Science Response report on its website based on materials provided after the previous reviews were completed.
• The original Production Increase Proposal, which was approved on September 30, 2018, permitted Baffinland (the proponent) to increase the extraction limit of iron ore to 6Mt/year until December 31 2019.
• Phase 2 development proposal will include the construction and operation of a second ore dock capable of berthing Cape-size ore carriers, construction of the North Railway consisting of four bridges and 417 culverts, additional crossings along the Milne Inlet Tote Road, an increase up to 12 Mt/year of iron ore from the Project site and transportation of this ore via the North Railway to Milne Port and increased shipping activities through Milne Inlet to facilitate the transport of the increased ore.

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