Question Period Note: Baffinland - Mary River Project

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 participated in the review of the potential impacts of the Phase 2 development proposal.

The Department is reviewing the Nunavut Impact Review Board report and assessing the recommendation. We will work with the other implicated departments in making a timely decision on Phase 2 of the project thereafter.

• On May 13, 2022, after due consideration of the extensive Public Hearing Record for the project including all written and oral submissions, the Nunavut Impact Review Board (NIRB) recommended to the Responsible Ministers that the project should not be allowed to proceed at this time. The Board concluded that the project has the potential to result in significant adverse ecosystemic effects on marine mammals and fish, caribou and other terrestrial wildlife, along with vegetation and freshwater, and these effects could lead to associated adverse socioeconomic effects on Inuit harvesting, culture, land use and food security in Nunavut. The Board also found that the project poses the potential for transboundary effects on marine mammals and fish and the marine environment outside the Nunavut Settlement Area. Lastly, the Board found that these potential significant adverse effects cannot be adequately prevented, mitigated, or adaptively managed under proposed mitigation, adaptive management and monitoring programs and/or the revisions to Terms and Conditions of the Project Certificate.
• The Minister of Northern Affairs, with the concurrence of other responsible Ministers, has 90 days from receipt of the report to conduct an analysis of the Board’s recommendations, complete any necessary consultation, and issue the decision. This may be extended by a further 90 days if the proponent is notified in writing.
• Responsible Ministers will make their decision based on due diligence and a comprehensive decision framework that includes whether the duty to consult has been met or not. The Responsible Ministers are the Ministers of: Transport; Fisheries, Oceans and the Canadian Coast Guard; Environment and Climate Change; Natural Resources; and Northern Affairs. The Minister of Northern Affairs, in the role of Federal Minister, will communicate the decision on behalf of all Responsible Ministers.
• The NIRB provided notice to the Minister of Northern Affairs that the panel required additional time to consider the extensive record associated with the file and engage in decision making. The panel’s decision would be conveyed to the responsible ministers on or before May 13, 2022.
• The final closing statement by the proponent was posted on the NIRB registry on January 28, 2022, and the NIRB formally closed the public record the same day.
• Final closing statements for the registered intervenors were filled on January 10, 2022.
• Nunavut Tunngavik Inc. (NTI), Qikiqtani Inuit Association (QIA), the Hunters and Trappers Associations, and the Hamlet of Clyde River all have recommended against the approval of the project in their final submissions. They have stated that the project as proposed will cause impacts that are not adequately monitored and mitigated to the standards required by Inuit. However, the Hamlet of Pond Inlet, Grise Fiord, Igloolik and Sanirajak support the project.
• Fisheries and Oceans Canada’s (DFO) final closing statement, submitted after the public hearings, reiterated the need for measures to manage and monitor the potential impacts but noted that even with these commitments there remains uncertainty in the extent of potential marine impacts, the effectiveness of existing and proposed mitigation measures, and the ability to adaptively manage these impacts. Therefore, DFO noted that it would be essential that Baffinland develops and implements an adaptive management plan in advance of potential Phase 2 operations, if the project is approved.
• The NIRB’s extended public hearings concluded on November 6, 2021.
• On April 14, 2021, the extended public hearing, which started on April 12, 2021, was suspended due to a positive COVID-19 case in Iqaluit.
• On March 16, 2021, NTI announced it was not prepared to support the Phase 2 Development Proposal. The decision was based on technical and procedural concerns with the EA.
• 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.
• The Phase 2 development proposal includes 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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