Question Period Note: Status of the Environmental Assessment of the Grassy Mountain Coal Mine Project

Status of the Environmental Assessment of the Grassy Mountain Coal Mine Project

• We recognize these projects play a vital role in our economy in creating jobs and economic growth.

GRASSY MOUNTAIN COAL MINE PROJECT
o On July 16, 2015, Canada announced that the Project will undergo an assessment by an independent review panel.
o The environmental assessment will be based on science and evidence, and informed by meaningful public participation and consultation with potentially affected Indigenous groups.

• We are conducting environmental assessments using fair, predictable processes that are grounded in science and Indigenous knowledge and will make a final decision following receipt of the Panel’s report and recommendations.

• Benga Mining Limited (the Proponent) proposes to construct and operate an open-pit metallurgical coal mine near the town of Blairmore in the Crowsnest Pass in southwestern Alberta.
• On July 16, 2015, the environmental assessment was referred to an independent review panel because the mine permit area overlaps with mapped critical habitat for the Westslope Cutthroat Trout, listed as threatened on Schedule 1 of the Species at Risk Act (SARA).
• Fisheries and Oceans Canada has not yet issued an Action Plan under SARA for the Alberta population of the Westslope Cutthroat Trout on provincial lands to expressly prohibit the destruction of critical habitat for the species. In September 2015, the Alberta Wilderness Association and the Timberwolf Wilderness Society initiated legal action against the Minister of Fisheries and Oceans regarding the absence of a SARA protection order and on February 11, 2019, a second judicial review was launched by the Timberwolf Wilderness Society regarding the absence of an Action Plan. In mid-April, Timberwolf Wilderness Society agreed to suspend the proceedings until May 17, based on an undertaking that the Minister was preparing to release the plan. On May 14, 2019, Fisheries and Oceans Canada released the proposed Recovery Strategy and Action Plan for Westslope Cutthroat Trout for 60 days of public consultation.
• On August 16, 2018, the Canadian Environmental Assessment Agency announced the establishment with the Alberta Energy Regulator of a three-member Joint Review Panel to review the Project. Once the Joint Review Panel determines that it has sufficient information, it will hold a public hearing for the Project, likely in spring 2020.
• Under the Joint Review Panel Agreement, the Joint Review Panel will conduct a review of the potential environmental effects of the Project, consider mitigation measures, determine whether the Project is likely to cause significant adverse environmental effects, and identify any follow-up programs required.
• The Joint Review Panel held a public comment period from November 5, 2018 to January 21, 2019, on the sufficiency and technical merit of the Proponent’s Environmental Impact Assessment and related information. On March 22, 2019, the Joint Review Panel determined that additional information is required before proceeding to a public hearing. Additional information was provided by the Proponent on September 6, 2019. The Joint Review Panel held a public comment period from September 9, 2019 to October 24, 2019, on the sufficiency and technical merit of the additional information.
• The Impact Assessment Agency has identified 14 Indigenous groups who may be potentially affected by the Project. Comments received to date relate to potential adverse effects to country foods, to social and ceremonial uses of the Project area, to air quality, to cumulative effects on the watershed and biodiversity and changes to Indigenous community health and
socio-economic conditions.

• Under the Canadian Environmental Assessment Act, 2012, timelines have been established for this Project as follows:
• The timeline for the Panel to be established was 150 days (five months) from the referral of the Project to an environmental assessment by review panel.
• The timeline for the Panel to submit its report is 430 days (14 months) from the establishment of the Panel.
• The timeline for you to issue the Decision Statement is 150 days (five months) from submission of the Panel’s report.

• These time limits do not include any time required by the Proponent to respond to information requests or undertake further studies as may be sought by you, the Agency or the Joint Review Panel.

Question Period notes as provided by the Department to the Minister’s Office