Webequie Supply Road Project – Agency responses to comments received until December 19, 2019

Commenter Comment Summary Response to Comment Accidents and Malfunctions Environment and Climate Change Commented about potential for accidents, including spills Section 23 of the Tailored Impact Statement Guidelines , Health Canada, Webequie of hazardous substances. will require the proponent to assess the potential for First Nation malfunctions and accidental spills, including effects to water quality. Acoustic Environment Weenusk First Nation, Health Canada Commented on the potential impact of increased noise Section 16 of the Tailored Impact Statement Guidelines levels including from blasting, machinery use and require the proponent to assess the effects of noise on increased vehicle and air traffic. human health.

Section 15.3 of the Tailored Impact Statement Guidelines require the proponent to assess the effects of the Project on wildlife, including noise. Atmospheric Environment Environment and Climate Change Commented that there may be impacts to air quality as a The Agency notes that Section 14.1 of the Tailored Canada, Health Canada result of use of diesel generators, construction equipment, Impact Statement Guidelines requires the proponent to an increase in road traffic, dust, and decreased natural examine potential effects to air quality, including from cover. emissions from diesel generators, emissions from increased vehicle traffic and dust generated by exposed soils that are cleared and stockpiled. Alternative Means of Carrying out the Project Commented on the lack of clarity on the criteria used to Section 4.3 of the Tailored Impact Statement assess potential road routes, including consideration of Guidelines require the proponent to examine and proposals from Noront Resources and Marten Falls First describe feasible alternatives to the Project. Nation. Section 4.4 of the Tailored Impact Statement Guidelines requires the proponent to examine potential alternative means to carry out the Project. Birds, Migratory Birds and their Habitat Environment and Climate Change Commented that the Project may have impacts to Section 8.10 of the Tailored Impact Statement Canada, , migratory birds and their habitat, including potential Guidelines require the proponent to study the baseline Wildlife Conservation Society of mortality, as a result of habitat loss, sensory disturbance, conditions for birds, migratory birds and their habitat. Canada, , disruptions to breeding, and changes to air quality. Attawapiskat First Nation, Osgoode Section 15.2 of the Tailored Impact Statement Hall Law School’s Environmental Guidelines requires the proponent to assess the Justice and Sustainability Clinic Project's adverse effects on birds, migratory birds and their habitat. Climate Change and Greenhouse Gas Emissions Mushkegowuk Council, Wildlife Commented on potential impacts of greenhouse gas Section 15.5 of the Tailored Impact Statement Conservation Society of Canada, emissions from the Project, including impacts on carbon Guidelines require the proponent to assess effects on Osgoode Hall Law School’s stored in peatlands in the region, and as a cumulative climate change, including the effects arising from

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Environmental Justice and effect in the context of future development in the Ring of increased greenhouse gases emissions and the Sustainability Clinic Fire area. removal and alteration of wetlands.

Environment and Climate Change Commented that climate change, including the emissions Section 24 of the Tailored Impact Statement Guidelines Canada of greenhouse gases and the Government of Canada's requires the proponent describe the effects of the ability to meet its environmental obligations, need to be Project in the context of environmental obligations and considered in the impact assessment. commitments in respect of climate change, with a focus on Government of Canada obligations and commitments.

The Agency notes that Section 22 of the Tailored Impact Statement Guidelines require the proponent to carry out a cumulative effects assessment. Past and reasonably foreseeable developments in the Ring of Fire area, including additional roads and mining related activities, will need to be included in the assessment. Country Foods

Health Canada, Weenusk First Nation Concerned about impacts on quality and quantity of The Agency notes that Sections 8 and 12.2 of the country foods, such as, fish, wildlife (including caribou), Tailored Impact Statement Guidelines require that the and plants for medicinal and traditional practices. proponent study baseline conditions of the quality and Concerned about increased access to traditional territory. quantity of country foods.

Section 16 of the Tailored Impact Statement Guidelines require the proponent to assess potential contamination of country foods. Section 19.1 of the Tailored Impact Statement Guidelines require the proponent to assess potential adverse and positive effects to the current use of land and resources for traditional purposes, physical and cultural heritage, and environmental, health, social and economic conditions of Indigenous peoples. Cumulative Effects

Mushkegowuk Council, Environment Commented that cumulative effects will need to be Section 22 of the Tailored Impact Statement Guidelines and Climate Change Canada, Wildlife assessed to adequately understand potential increase in require the proponent to carry out a cumulative effects Conservation Society of Canada, mineral exploration and development activities as well as assessment. Past and reasonably foreseeable Innovation, Science and Economic future road development in the Ring of Fire area. developments in the Ring of Fire area, such as Development Canada represented by additional roads and mining related activities, will need the Federal Economic Development to be included in the assessment. Initiative for Northern , Ontario Ministry of Natural Resources and Forestry, Natural Resources Canada, Health Canada, , Eabametoong First Nation, Kasabonika Lake First Nation, Nibinamik First

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Nation, Attawapiskat First Nation, Neskantaga First Nation, Weenusk First Nation, , Marten Falls First Nation, Osgoode Hall Law School’s Environmental Justice and Sustainability Clinic

Drinking Water

Health Canada, Webequie First Nation Expressed concern that the Project may negatively The Agency notes that Section 14.2 of the Tailored impact the availability of safe drinking water. Impact Statement Guidelines require the proponent to assess any changes to groundwater and surface water.

Section 16 of the Tailored Impact Statement Guidelines require the proponent to assess the effects to human health, including contamination of drinking water.

Section 25 of the Tailored Impact Statement Guidelines require the proponent to assess the Project’s contribution to sustainability, including long-term effects. Economic Effects

Employment and Social Development The potential for economic benefits and employment Section 11 of the Tailored Impact Statement Guidelines Canada, Women and Gender Equality opportunities associated with the Project and future require the proponent to provide baseline information Canada, Wildlife Conservation Society developments in the Ring of Fire area. on the economic conditions of potentially impacted of Canada, Nine Individual members of communities for diverse subgroups within the the public, Noront Resources community. Employment and Social Development Commented that community profiles should be provided to Canada understand current economic conditions in the region. Section 18 of the Tailored Impact Statement Guidelines require the proponent to describe both positive and negative economic effects of the Project. Ontario Ministry of Energy, Northern Identified 56 active, unpatented mining claims and one The Agency notes this comment. Section 10 of the Development and Mines mining Tailored Impact Statement Guidelines require the proponent to describe the access, ownership and use of resources (e.g. land tenures, minerals, etc.) for the project area. Effects of the Environment on the Project Environment and Climate Change Commented about the effects of the environment on the Section 23.2 of the Tailored Impact Statement Canada Project (such as extreme weather events and increased Guidelines requires the proponent to describe the precipitation due to climate change), which have not been effects of the environment on the Project, including how characterized or evaluated for the Project at all phases. climate change impacts have been incorporated into the project design and planning over the lifetime of the Project.

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Fish and Fish Habitat Wildlife Conservation Society of Expressed concern about fish and fish habitat resulting Section 8.9 of the Tailored Impact Statement Canada, Environment and Climate from construction and operations, including impacts to Guidelines require the proponent to study the baseline Change Canada, Fisheries and Oceans water quality, stream morphology, change to spawning conditions to fish and fish habitat. Section 15.1 of the Canada, , Mushkegowuk Council, habitat, alterations in community dynamics, disruption or Tailored Impact Statement Guidelines require the Osgoode Hall Law School’s destruction of fish habitat or death of fish, and increased proponent to assess the positive and adverse effects to Environmental Justice and fishing activity. This includes specific fish species, such as fish and fish habitat. Sustainability Clinic Lake Sturgeon, walleye and pike.

Weenusk First Nation Commented that Weenusk First Nation has been Section 7.2 of the Tailored Impact Statement monitoring fish and Lake Sturgeon in the Winisk River and Guidelines indicates that information sources for that the First Nation will be monitoring the baseline information may include the results of coastline. These studies can be used as baseline by the community based monitoring and studies conducted by community. Indigenous groups.

Follow-up and Monitoring Programs

Aroland First Nation, Attawapiskat First Commented that a follow-up and monitoring program is Section 20 of the Tailored Impact Statement Guidelines Nation, Kasabonika Lake First Nation needed to measure and verify mitigation measures require the proponent to describe mitigation measures, selected to manage potential effects of the Project. Follow- and instructs the proponent to engage with Indigenous up and monitoring programs need to include engagement Communities when developing mitigation measures, and participation of First Nation communities. describe mitigation measures that are specific to identified effects to Indigenous peoples, and identify opportunities to involve Indigenous groups in monitoring activities.

Section 26 of the Tailored Impact Statement Guidelines require the proponent to propose follow-up program measures to verity effectiveness of mitigation measures or assessment predictions where there is uncertainty. The assessment is expected to cover all phases of the Project. Neskantaga First Nation Commented on the follow-up and monitoring programs for The Agency notes that the proponent will be required to Ontario's Provincial Environmental Assessment Process. adhere to all requirements of both the federal and In particular, how compliance will be enforced and what provincial individual environmental assessment role Neskantaga First Nation will have in the programs currently underway. Questions and concerns with the within the Provincial process provincial follow-up and monitoring programs will be shared with the Province of Ontario. Funding Programs , Kasabonika Commented that funding is essential for First Nation Through the Participant Funding Program, the Agency Lake First Nation communities to meaningfully participate in the impact provides limited financial assistance to potentially assessment process. impacted Indigenous groups to help prepare for and participate in key stages of the impact assessment. Eligible expenses include review of correspondence,

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participation in meetings and associated travel and related work, review and comment on key documents, professional fees; reporting costs; travel expenses, and honoraria and ceremonial costs.

Indigenous groups were provided with grant funding at two points during the planning phase of the impact assessment process to review, and provide comment on, key documents including the initial Project Description, the Tailored Impact Statement Guidelines, and the Indigenous Engagement and Partnership Plan.

During the impact statement phase, potentially impacted Indigenous groups will be invited to apply for further funding to support participation in the remainder of the impact assessment process. Type of Assessment

Aroland First Nation, Environment and Commented on the need for a federal assessment due to The Agency has announced that a federal impact Climate Change Canada, the regional context, potential conflict of interest with the assessment is required for the Project. Mushkegowuk Council, Wildlife Ontario government, the potential for social, economic, Conservation Society of Canada, , environmental and cumulative effects. The proponent signed a voluntary agreement with Nibinamik First Nation, Eabametoong Ontario's Ministry of the Environment Conservation and First Nation, Kasabonika Lake First Parks to make the Webequie Supply Road subject to Nation, Osgoode Hall Law School’s Ontario’s Environmental Assessment Act. When Environmental Justice and appropriate, the Agency will coordinate the federal Sustainability Clinic impact assessment with the provincial environmental assessment as outlined in the Cooperation Plan. Aroland First Nation, Wildlife Commented on the need for a regional assessment. In accordance with subsection 97(1) of the Impact Conservation Society of Canada, Assessment Act, the Minister of Environment and Individual member of the public Climate Change Canada will provide a response on this matter at a later date. Comments on Project Description

Ontario Ministry of Heritage, Sport, Commented on the lack of clarity, missing or outdated The Agency posted comments received by the public, Tourism and Culture Industries, information in the Initial Project Description, including Indigenous groups, federal departments and provincial Fisheries and Oceans Canada, information on location of project and associated ministries on the Canadian Impact Assessment Environment and Climate Change infrastructure, access controls and road ownership, Registry and issued a summary of issues. The Agency Canada, Noront Resources, Health relationship to future mineral development in the Ring of directed the proponent to review the comments, Canada, Transport Canada, Ontario Fire area, effects on the environment and potential including comments on information provided in the Ministry of Natural Resources and impacts on Indigenous peoples. Initial Project Description, to support preparation of their Forestry, Kasabonika Lake First Nation, Detailed Project Description. The Agency accepted the Employment and Social Development proponent's Detailed Project Description on November Canada, Attawapiskat First Nation, 29 2019. Wildlife Conservation Society of

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Canada, Weenusk First Nation, The Agency will issue the Tailored Impact Statement Mushkegowuk Council, Neskantaga Guidelines to the proponent by February 24, 2020 First Nation, Women and Gender which provides direction to the proponent on the factors Equality Canada, Ontario Ministry of to be considered, the methodology to be followed and Energy, Northern Development and information requirements, in order to guide preparation Mines of the Impact Statement. The draft Tailored Impact Statement Guidelines can be found on the Registry and are available for public comment from December 19, 2019 to January 28, 2020. Geology, Geochemistry and Geological Hazards

Wildlife Conservation Society of Commented that the proposal discusses using locally Section 8.3 of the Tailored Impact Statement Canada sourced gravel as construction material for road building, Guidelines requires the proponent to characterize the specifically mentioning eskers or other glacial deposits as geochemical composition of expected construction potential sources. Such materials are suspected to be a materials, and to describe methods to prevent or source of chromium and, potentially, other metals naturally control metal leaching. Section 3.2.2 of the Tailored abundant in the region to northern rivers and lakes. The Impact Statement Guidelines requires the proponent to extensive geological and metal surveys of the Ontario describe the characterization and management of Ministry of Northern Development and Mines should be borrow material. reviewed when choosing source materials for aggregate to avoid tills with potentially high chromium or other elements Section 4.4 of the Tailored Impact Statement of concern. Guidelines requires the proponent to assess alternative locations of borrow pits, quarries and gravel pits. Groundwater Quality Natural Resources Canada, Weenusk Commented that impacts to groundwater quality, including Section 14.2 of the Tailored Impact Statement First Nation temporary and localized impacts during construction Guidelines indicates that effects of the Project on should be assessed during the impact assessment. groundwater quality must be assessed during all phases of the Project. Human Health and Well-Being

Health Canada, Women and Gender Noted that the Project may have complex positive and Section 16 of the Tailored Impact Statement Guidelines Equality Canada adverse effects on human health throughout its life. The requires the proponent to assess potential effects of the Project may affect human receptors due to effects on air Project to human health, and must include an quality, noise, water quality and country foods. Well-being assessment of how social determinants of. and human health may be affected by changes to the local In addition, Sections 16, 17, and 18 of the Tailored economies and influx of workers. Impact Statement Guidelines indicate that the proponent must apply Gender-based Analysis Plus to the assessment of effects to the health, social and economic valued components. Health Canada Commented that a detailed health impact assessment Section 16 of the Tailored Impact Statement Guidelines should be conducted for the Project, inclusive of requires the proponent to consider conducting a Human reasonably foreseeable future projects in the area. The Health Risk Assessment for the Project. If the health impact assessment would consider community proponent determines that Human Health Risk

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socio-economic concerns and incorporate Gender-based Assessment is not required, a rationale must be Analysis Plus. provided to explain why. Health Canada Expressed concern that the Project may negatively impact Section 14.2 of the Tailored Impact Statement the availability of safe drinking water. Guidelines require the proponent to assess any changes to groundwater and surface water.

Section 16 of the Tailored Impact Statement Guidelines require the proponent to assess the effects to human health, including contamination of drinking water.

Section 25 of the Tailored Impact Statement Guidelines require the proponent to assess the Project’s contribution to sustainability, including long-term effects. Indigenous Consultation Nibinamik First Nation, Marten Falls Commented on the need for an early collaborative The proponent is required to engage with potentially First Nation, Attawapiskat First Nation, planning process with meaningful Indigenous consultation impacted Indigenous groups in the development of the Individual member of the public, throughout the federal impact assessment, including proponent’s Impact Statement. The Agency will Kasabonika Lake First Nation, during the design of the Project and the baseline studies continue to lead federal Crown consultation for the Neskantaga First Nation, being conducted as well as, material being developed by Project as the impact assessment continues. Mushkegowuk Council, Weenusk First the Agency for consultation Information collected by the Nation, Aroland First Nation, proponent and the Impact Assessment Agency of Canada The Agency consults with Indigenous groups as part of Indigenous Services Canada, must be informed by Indigenous knowledge and land use. the impact assessment process for a variety of Eabametoong First Nation, Webequie Without adequate consultation and information collection, reasons, including: to ensure that impact assessments First Nation, Long Lake #58 First Indigenous groups will be unable to inform the Crown's take into account Indigenous knowledge, cultural Nation, Osgoode Hall Law School’s decision-making process. Commented on the importance considerations and customs, to promote Environmental Justice and of baseline data collection by the proponent. communication, relationship building, cooperation and Sustainability Clinic partnership with Indigenous peoples, to meet the crown’s common law duty to consult by ensuring Neskantaga First Nation Asked how previous Indigenous knowledge, including oral respect and protection of rights and to work towards evidence, would be incorporated in the assessment securing the free, prior and informed consent of process. Indigenous peoples for projects that are in the public interest.

Comments and questions from Indigenous groups received by the Agency prior to and thus far during the planning phase informed the draft Tailored Impact Statement Guidelines. Indigenous groups are invited to provide further feedback during the upcoming comment period to support the Agency in finalizing the Tailored Impact Statement Guidelines.

Section 12 of the Tailored Impact Statement Guidelines

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require the proponent to engage with Indigenous groups to gather baseline information, incorporate Indigenous knowledge, identify potential effects of the Project on Indigenous peoples, and identify potential impacts of the Project on the exercise of Aboriginal and Treaty rights.

The proponent must meaningfully engage with Indigenous groups throughout the impact assessment process. Section 6 of the Tailored Impact Statement Guidelines instructs the proponent to describe their record of engagement including the means and the results of that engagement.

Attawapiskat First Nation Commented that participation in the comment period does The Agency acknowledges that participation in the not imply the consent for any developments within the comment period does not imply the consent for any Ring of Fire area, including developments related to developments within the Ring of Fire area, including transport and resource exploitation within that area. developments related to transport and resource exploitation within that area. Eabametoong First Nation, Kasabonika Commented that Indigenous land and resource policies The Agency invites discussions to identify flexible Lake First Nation, Neskantaga First and protocols inform the assessment process. participation approaches that support working with Nation, Nibinamik First Nation, Indigenous communities to find opportunities for Individual member of the public, innovative practices that reflect the needs of Webequie First Nation communities and respect Indigenous cultures, traditions, customary laws and protocols, while ensuring transparency and fairness for all participants in the assessment.

The Agency's Indigenous Engagement and Partnership Plan outlines how participation and consultation will occur throughout the impact assessment process, including where Indigenous communities are seeking collaboration and partnership. Community-specific consultation work plans may also be developed identify additional opportunities for participation or consultation during the impact assessment not already identified in the Indigenous Engagement Partnership Plan. Neskantaga First Nation Asked if Webequie First Nation is prepared to negotiate a The Agency will share comments directed at the Supply Road impact and benefit agreement with proponent with Webequie First Nation. Comments Neskantaga First Nation. pertaining to Ontario will be shared with provincial Asked if Webequie First Nation would consider officials. establishing a joint Matawa remotes technical working group to examine and agree on the cumulative effects methodology, an environmental effects evaluation

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methodology-working group with the remote Matawa and a joint body with the Matawa remote First Nations to seek to reach consensus on the EA recommendations. Asked if the proponent would consider a partnership with Neskantaga to implement the Project. Asked if the proponent will pursue a consensus-based approach within the existing decision-making processes of Ontario and the Neskantaga First Nation under the Relational Tier Approach. Asked the proponent to share material and records related to the Provincial environmental assessment process. Attawapiskat First Nation Noted that any engagement will require reaching a The Agency has shared Attawapiskat First Nation’s satisfactory resolution of Attawapiskat First Nation's interest to satisfactorily resolve legacy issue with the outstanding legacy issues with De Beers Canada, and relevant federal and provincial authorities. evidence that Canada and Ontario are fully committed to, and are working towards, honouring the commitments set out in Mino-Wha-Ko-Me-To-Win, signed by Canada, Ontario, and Attawapiskat First Nation on July 29th, 2019. Requested clarification regarding engagement with off- The proponent has explained their approach to reserve members of First Nation communities. engaging with off-reserve community members in Table 7-4 of the Detailed Project Description.

The Agency will continue to lead federal Crown consultation for the Project as the impact assessment continues. The Agency's consultation plans will be outlined in the Indigenous Engagement and Partnership Plan. The Agency is accepting comments on the draft Indigenous Engagement and Partnership Plan between December 19, 2019 and January 28, 2020.

Indigenous Peoples Current Use of Lands and Resources for Traditional Purposes

Attawapiskat First Nation ,Wildlife Concerned about the impacts on Indigenous peoples' Section 19 of the Tailored Impact Statement Guidelines Conservation Society of Canada, ability to continue traditional practices, such as trapping require the proponent to engage with Indigenous Marten Falls First Nation, Natural and use of trap lines, hunting, fishing, harvesting, berry groups, in order to identify and understand the potential Resources Canada, Kasabonika Lake picking, medicinal plant harvesting, teaching, and spiritual impacts of the Project on Indigenous peoples, and to First Nation, Aroland First Nation, practices as a result of the Project and future development include Indigenous knowledge into the impact Weenusk First Nation, Nibinamik First activities in the Ring of Fire area. This included the assessment. This includes an assessment of potential Nation concern of impacts from non-community members hunting effects of the Project on Indigenous people’s current and fishing in First Nation’s traditional territory. use of lands and resources for traditional purposes (e.g. hunting, fishing, harvesting etc.)

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Neskantaga First Nation Commented that the Project will allow Webequie community members to put their boats in at new access points, which will impact resources Neskantaga First Nation currently uses.

Indigenous Peoples' Economic Conditions

Marten Falls First Nation, Commented that the project could have effects on current The federal impact assessment process considers both Eabametoong First Nation, Kasabonika economic opportunities in the region (tourism, fishing etc.). positive and negative environmental, social, health and Lake First Nation, Innovation, Science More information is required on opportunities for economic economic effects of the Project including potential and Economic Development Canada development, employment and business opportunities for impacts on the exercise of Aboriginal and Treaty rights represented by the Federal Economic Indigenous communities in the region from the Project and of Indigenous peoples. Development Initiative for Northern development in the Ring of Fire. Ontario, Individual member of the Section 19 of the Tailored Impact Statement Guidelines public, Weenusk First Nation, require the proponent to assess potential effects on Employment and Social Development economic conditions of Indigenous peoples. The Canada proponent is also encouraged to describe economic Indigenous Services Canada, Weenusk Commented that there could be both positive and negative opportunities for Indigenous peoples. First Nation, Employment and Social impacts (including environmental, economic, health and Development Canada social) to First Nations communities as a result of the Funding for training for Indigenous people is provided Project. Those impacts will be disproportionally felt in the by the Government of Canada. Employment and region. Social Development Canada’s Indigenous Skills and Employment Training (ISET) Program is delivered through a vast network of Indigenous agreement holders across the country including Ontario First Nations. ISET Program agreement holders provide a variety of services and wrap-around supports to ensure clients’ success along the skills development, employment and earnings continuum. For example, Marten Falls First Nation is served by the Kiikenomaga Kekenjigewen Employment and Training Services (KKETS) www.kkets.ca. Along with the ISET Program agreement, KKETS also has an agreement under the ESDC’s Skills and Partnership Fund (SPF), with projects focusing on mining and construction sectors.

Indigenous Peoples' Heath Conditions

Health Canada, Wildlife Conservation Concerned about impacts on quality and quantity of Sections 8 and 12.2 of the Tailored Impact Statement Society of Canada country foods, such as, fish, wildlife, and plants for Guidelines require that the proponent study baseline medicinal and subsistence uses. Commented that conditions of the quality and quantity of country foods. chromium, arsenic, and mercury are elevated in fish

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across the Ring of Fire area, which is a concern for local Section 16 of the Tailored Impact Statement Guidelines Indigenous communities who rely on these country foods require the proponent to assess the future availability, and medicines. quality and contamination of country foods. Environment and Climate Change Concerned that reduced air quality, air emissions and Section 19 of the Tailored Impact Statement Guidelines Canada dust, as well as atmospheric changes may cause adverse require the proponent to assess potential positive and effects on sensitive receptors, such as Indigenous negative effects on social, health and economic Peoples. conditions of Indigenous peoples. Kasabonika Lake First Nation, Commented about the familial links that exist amongst Neskantaga First Nation communities in the project area. The Project may impact these familial relationships and health of community members. Neskantaga First Nation Commented about mental health, issues of self-esteem, and spiritual health. Indigenous Peoples: Exercise of Aboriginal and Treaty Rights

Nibinamik First Nation, Neskantaga Commented that consultation with Indigenous peoples is Section 19 of the Tailored Impact Statement Guidelines First Nation, Aroland First Nation, required to understand the Project's potential impacts on require the proponent to engage with each Indigenous Marten Falls First Nation, Kasabonika the exercise of Aboriginal and Treaty rights, including group potentially impacted by the Project and document Lake First Nation, Wildlife Conservation impacts on traditional territory and way of life. The each community’s exercise of Aboriginal and Treaty Society of Canada, Osgoode Hall Law assessment should consider access and use of land and rights protected under section 35 of the Constitution School’s Environmental Justice and resources, Indigenous language, spirituality, Indigenous Act,1982. The proponent is expected to seek the Sustainability Clinic child rearing and parenting skills, family trap lines, community's perspectives on the lands, resources and , Eabametoong First Nation, Webequie Nationhood, Indigenous values, culture and heritage, and exercise of rights in the areas that could change as a First Nation choice of livelihood and vocation. result of the Project. In addition, the Impact Statement must document the potential project-related impacts on those exercise of rights (including due to effects on the valued components) and include appropriate mitigation and follow-up program measures. These may be suitable accommodation measures proposed to address impacts on the exercise of rights. The Impact Statement must also document each Indigenous group's views on the effects, impacts and measures. Indigenous Peoples' Social Conditions

Eabametoong First Nation Commented that a joint approach between the Agency The Agency notes that Sections 17 and 19.1 of the and Indigenous groups to assess the effects of the Project Tailored Impact Statement Guidelines require the to understand the potential impacts to social wellbeing as proponent to assess the Project's adverse effects on a result of the Project. social conditions. Section 19 of the Tailored Impact Indigenous Services Canada Commented that there could impacts to social wellbeing Statement Guidelines directs the proponent to engage amongst First Nations, but these impacts will be with Indigenous groups, and must provide an disproportionally felt in the region. opportunity for Indigenous groups to review the information, including appropriateness of selected mitigation measures, prior to submission of the Impact Statement.

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Weenusk First Nation Commented that the positive and negative impacts of the The federal impact assessment process considers both Project need to be communicated to Indigenous groups. positive and negative environmental, social, health and economic effects of the Project including potential impacts on the exercise of Aboriginal and Treaty rights of Indigenous peoples.

The proponent is required to engage with Indigenous communities during the planning phase and the impact statement phase as a requirement of the Impact Assessment Act. Section 6 of the Tailored Impact Statement Guidelines instructs the proponent to describe its record of engagement. Weenusk First Nation Commented about Indigenous groups' safety as a result of Sections 16, 17 and 19.1 of the Tailored Impact new activities, such as the use of alcohol, drugs, and Statement Guidelines require the proponent to assess human trafficking the Project's adverse effects on health and social conditions, including effects arising from substances misuse. Indigenous Physical and Cultural Heritage

Kasabonika Lake First Nation Commented on the need to consult with First Nation communities to understand the Project's potential to Section 12.1 of the Tailored Impact Statement impact Indigenous cultures and way of life. Guidelines requires the proponent to describe the Attawapiskat First Nation, Kasabonika Commented about impacts to cultural heritage and historical baseline conditions associated with Lake First Nation, Aroland First Nation, archaeological resources of Indigenous groups, such as Indigenous physical and cultural heritage, including Neskantaga First Nation, Eabametoong burial sites and locations used for the purpose of teaching. archaeological resources. First Nation, Neskantaga First Nation, Long Lake #58 First Nation In particular, the Muketei River is mentioned as an Section 17.6 and Section 19 of the Tailored Impact important cultural site. Statement Guidelines require the proponent to assess the Project's adverse effects on traditional cultural activities and cultural heritage and archaeological resources of importance to Indigenous groups. Mitigation Measures

Kasabonika Lake First Nation, Wildlife Mitigation measures will be needed to minimize the The proponent will be expected to identify mitigation Conservation Society of Canada, impacts to the natural environment and peoples using the measures to address adverse effects as well as follow- Weenusk First Nation land. Commented that there is a lack of detail provided by up program measure to verity mitigation measures and the proponent regarding mitigation measures. assessment predictions and include these in the Impact Kasabonika Lake First Nation, Commented that the proponent will need to implement Statement. Section 19 of the Tailored Impact Statement follow-up and monitoring programs to mitigate the Guidelines require the proponent to engage with each potential impacts of the Project. Indigenous communities Indigenous groups. need to be part of the implementation and executing the programs.

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Navigable Waterways

Transport Canada Commented that more information on current use of Sections 10, 17.3 and 20 of the Tailored Impact waterbodies for navigation by the public and Indigenous Statement Guidelines require a description of the groups is required. Information on project activities that current use of waterways in the project area for obstruct or restrict access to navigable waterways (e.g. navigation and the potential adverse effects of the portage routes and access roads) or cause safety Project on navigation. concerns for navigation is required. Section 26 of the Tailored Impact Statement Guidelines require the proponent to propose follow-up program measures to verity effectiveness of mitigation measures or assessment predictions where there is uncertainty. The assessment is expected to cover all phases of the Project

General Comments

Aroland First Nation, Weenusk First Expressed general concerns about the Project and its Section 12 of the Tailored Impact Statement Guidelines Nation potential to cause adverse environmental effects, including instructs the proponent to identify impacted Indigenous on down river communities. communities and the extent of their traditional lands, the location of their reserves and the distance from the Project. In addition, Section 19 of the Tailored Impact Statement Guidelines indicates that impacts of the Project on Indigenous people and Indigenous peoples' rights must be assessed. Weenusk First Nation If the Project proceeds others will see the benefits, but The federal impact assessment process considers both First Nations in the region will not. positive and negative environmental, social, health and economic effects of the Project. Section 19 of the Tailored Impact Statement Guidelines requires the proponent to assess impacts on Indigenous people and Indigenous people’s rights Noront Resources, Individual members Commented that the Project will have positive benefits for The Agency has noted this comment. The federal of the public the area. impact assessment process considers both positive and negative environmental, social, health and economic effects of the Project including potential impacts on the exercise of Aboriginal and Treaty rights of Indigenous peoples. The Minister will evaluate proposed mitigation measures in making his decision on whether the Project can proceed. Webequie First Nation Commented that people dump diesel fuel and nothing has The Agency will determine if there is a contact at been done about it. Indigenous Services Canada to whom such spills should be reported.

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Long Lake #58 First Nation Commented about complex provincial and federal Section 2.4 of the Tailored Impact Statement Aroland First Nation regulations, policies and government bureaucracy, Guidelines require a description of legislation and including roles and responsibilities regulatory approvals applicable to the Project at all levels of government (federal, provincial, and municipal). Anticipated federal permits for the Project are outlined in the Permitting Plan. Neskantaga First Nation, Attawapiskat Questions directed at the province regarding specific The Agency will share comments directed at the First Nation elements of the provincial environmental assessment Province of Ontario or regarding the provincial process and Ontario's approach to the assessment. environmental assessment, including comments and concerns regarding the Terms of Reference, Record of Consultation and any provincial Memorandums of Understanding. Project Contribution to Sustainability Eabametoong First Nation, Weenusk Commented how locally relevant sustainability criteria Section 25 of the Tailored Impact Statement Guidelines First Nation informed by Indigenous communities will be examined require an assessment of how the Project will with Indigenous groups and be need to be included in the contribute to sustainability, with a consideration to the assessment. valued components that participants (such as Indigenous groups) characterize as important. Purpose of and need for the Project

Kasabonika Lake First Nation, Noront Commented about the lack of information on Project's Section 2.2 of the Tailored Impact Statement Resources, Weenusk First Nation, scope and potential expansion, including cumulative Guidelines requires the proponent to indicate if the Wildlife Conservation Society of effects and future connections to the public highway. Project is part of a larger sequence of projects, and Canada, Nibinamik First Nation, Indigenous communities need clarity on the Project and must outline the larger context, including likely future Neskantaga First Nation, Marten Falls certainty on any possible expansion of the Project so that developments by other proponents that will use project First Nation they can identify impacts. infrastructure, and activities that may be enabled by the current project.

In addition, Section 22 of the Tailored Impact Statement Guidelines require the proponent to identify and assess cumulative effects of the Project. This assessment must consider the larger context surrounding the Project, including reasonably foreseeable future developments that will use project infrastructure and activities that may be enabled by the Project. Residual Effects

Eabametoong First Nation Commented on the impacts of the Project with possible The Agency notes that Section 21 of the Tailored residual effects following mitigation efforts for the varied Impact Statement Guidelines requires the proponent to role of multiple communities within the major watersheds. describe any residual environmental, health; social or economic effects of the designated project after mitigation measures are applied.

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Kasabonika Lake First Nation Commented on the need to understand how the environment will be impacted 50-100 years in the future to understand impacts of the Project to Indigenous communities. Riparian and Wetland Environments

Individual member of the public Suggested that explicit mention of the impact of carbon Sections 14.3 and 20 of the Tailored Impact Statement function of wetlands be made in Section 8.8 Riparian and Guidelines requires the proponent to assess Wetland Environments of the Tailored Impact Statement hydrological or drainage changes that may alter Guidelines. moisture regimes and effects of related changes to Mushkegowuk Council, Ontario Ministry Commented about effects to riparian and wetland vegetation and wetland function; soils, peat or muskeg. of Natural Resources and Forestry, environment, wetland plant species, water levels in the Environment and Climate Change muskeg, due to changes to water levels, water Sections 8.5 and 15.5 of the Tailored Impact Statement Canada, Natural Resources Canada contamination, habitat loss, spread of invasive species, Guidelines requires the proponent to assess effects and disturbance. related to carbon sinks, including from the removal and alteration of wetlands, and on wetland evaluation.

Section 26 of the Tailored Impact Statement Guidelines require the proponent to propose follow-up program measures to verity effectiveness of mitigation measures or assessment predictions where there is uncertainty. The assessment is expected to cover all phases of the Project. Social Effects

Women and Gender Equality Canada, Commented that there may be immediate economic and Sections 17 and 18 of the Tailored Impact Statement Wildlife Conservation Society of social benefits of the Project, including increased access Guidelines requires the proponent to assess the effects Canada to social services for isolated communities. of the Project on the social and economic conditions of impacted communities, including access to social services. Species at Risk

Fisheries and Oceans Canada, Natural Concerned about the impacts to species at risk including Section 15.4 and 20 of the Tailored Impact Statement Resources Canada, Attawapiskat First habitat destruction and fragmentation, increased Guidelines require the proponent to assess adverse Nation, Kasabonika Lake First Nation, competition from invasive species, changes to air quality, effects on Species at Risk (such as caribou, lake Wildlife Conservation Society of sensory disturbance, increased predation, and collisions sturgeon, wolverine, yellow rail, eastern whip-poor-will, Canada, Environment and Climate with vehicles. Species include, but are not limited to, Lake and common nighthawk). The proponent would also Change Canada, Osgoode Hall Law Sturgeon, Caribou, Wolverine, Yellow Rail, Eastern Whip- assess changes to habitat, including impacts from School’s Environmental Justice and poor-will, and Common Nighthawk. habitat destruction and fragmentation, barriers to Sustainability Clinic, Weenusk First migration, sensory disturbance (such as noise and Nation vibration), increased competition from invasive species, increased predation, mortality due to vehicle collisions, and impacted air quality. The proponent must indicate

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how they intend to mitigate the effects in the Impact Statement. Structure, Site, Things of Historical, Archaeological, Paleontological or Architectural Significance

Ontario Ministry of Heritage, Sport, Commented that a cultural heritage existing conditions The Agency has shared the comments with the Tourism and Culture Industries and preliminary impact assessment report should be proponent. undertaken for the entire study area with consultation from Section 12.1 of the Tailored Impact Statement Indigenous communities. There are no Stage 2 Guidelines require the proponent include baseline assessment reports for the area that have been submitted information on the current physical and cultural heritage to Ontario Ministry of Heritage, Sport, Tourism and Culture in the Project area, which includes but is not limited to, Industries. any structure, site or thing of archaeological, paleontological, historical or architectural significance. Section 19.1 of the Tailored Impact Statement Guidelines require the proponent to assess the Project's adverse effects on cultural heritage and archaeological resources of importance to Indigenous groups. Surface Water Quality/Quantity

Environment and Climate Change Commented about potential effects on water quality and Section 14.2, 14.3 and 20 of the Tailored Impact Canada, Health Canada, Weenusk quantity, including from contamination, sedimentation, Statement Guidelines requires the proponent to assess First Nation, Transport Canada, Wildlife dust deposition, erosion, petroleum/chemical spills, water effects of the Project on surface water quality, including Conservation Society of Canada, quality and quantity, permanent disruption of wetlands effects from dust deposition, chemical spills, or runoff of Attawapiskat First Nation, Fisheries and hydrology, cumulative effects, potable water and other sediments during all phases of the Project, and any Oceans Canada, Natural Resources adverse effects to surface water quality and waterbeds. hydrological or drainage changes that may alter Canada, Neskantaga First Nation moisture regimes and related changes to vegetation and wetland function. Section 26 of the Tailored Impact Statement Guidelines require the proponent to propose follow-up program measures to verity effectiveness of mitigation measures or assessment predictions where there is uncertainty. The assessment is expected to cover all phases of the Project.

Environment and Climate Change Commented about effects to water quality. The Agency notes that Section 8.6 of the Tailored Canada, Fisheries and Oceans Canada Impact Statement Guidelines require the proponent to study the baseline conditions of water quality and Section 14.2 requires the proponent to assess changes to water quality due to the Project.

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Terrestrial Wildlife and Habitat

Attawapiskat First Nation, Commented about effects on wildlife, including due to Sections 15.3 and 15.4 of the Tailored Impact Eabametoong First Nation, noise, habitat disruption, changes to home range and Statement Guidelines require the proponent to address Environment and Climate Change movement patters, road collisions, human disturbance, matters related to terrestrial wildlife and their habitat Canada, Weenusk First Nation sensory disturbance, and increased recreational activities. and on species at risk such as caribou. Key changes to species that are important for current use of land and resources must also be assessed. Impacts such as from habitat destruction and fragmentation, sensory disturbance (such as noise and vibration), mortality due to vehicle collisions, and barriers to migration must also be assessed. Topography, Soil and Sediment

Wildlife Conservation Society of Commented that the impact assessment needs to address Sections 8.3, 8.6 and 14.3 of the Tailored Impact Canada destabilization of road infrastructure in northern regions Statement Guidelines require the proponent to assess if from sporadic, discontinuous and warming permafrost. permafrost occurs in the project area and describe the current permafrost conditions and any changes expected as a result of the Project.

Section 23.2 instructs the proponent to describe how the permafrost conditions may impact the Project. Vegetation

Mushkegowuk Council, Weenusk First Commented there may be effects on aquatic plants, Section 15.1 of the Tailored Impact Statement Nation including from changes to hydrology and invasive species, Guidelines requires the proponent to describe the water quality. effects of the Project to fish and fish habitat, including aquatic plants.

Vulnerable Population Groups (GBA+) Health Canada, Women and Gender Commented that Gender-based Analysis Plus should be Throughout the text, the Tailored Impact Statement Equality Canada, Eabametoong First conducted to adequately understand the Impacts on Guidelines directs the proponent to undertake Gender- Nation, Employment and Social vulnerable population groups, such as women, disable based Analysis Plus to characterize the impacts of the Development Canada, Osgoode Hall persons, elders and youth as a result of gender-based Project on vulnerable population groups. This includes Law School’s Environmental Justice violence, greater spread of sexually transmitted infections, an assessment of potential adverse and positive and Sustainability Clinics human trafficking, the influx of male workers, increased changes to human health, social conditions and mobility and job opportunities as a result of the Project and economic conditions disaggregated by gender. Effects foreseeable future projects in the area. to human health may include access to health services Women and Gender Equality Canada Commented that there is a lack of detailed overview of the by various subgroups of the population. Effects to target group(s) and local context in the Initial and Detailed social conditions may include impacts to gender-based Project Descriptions to clearly identify the segments of the violence, human trafficking, sexual and physical population that will either benefit or be negatively impacted violence, and employment opportunities. (directly or indirectly) by the Project.

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Waste and Waste Water

Health Canada Commented that the details on portable treatment facilities Section 3 of the Tailored Impact Statement Guidelines for domestic wastewater and sewage should be require the proponent to describe how waste and considered in the effects associated with the Project. wastewater will be managed, treated and/or disposed in the Impact Statement. They must also describe the types of waste that will be generated during all phases of the Project. Section 23.1 of the Tailored Impact Statement Guidelines requires the proponent to identify any local drinking water treatment plants or facilities that may treat water sources impacted by the Project and the capacity of the drinking water treatment plant or facilities to treat water sources impacted by an accidental release from the designated project during all project phases Federal and Provincial Permits

Fisheries and Oceans Canada, Federal and provincial permits and authorizations may be Detail regarding federal permits and authorizations that Environment and Climate Change required for components of the Project. Further may be required for the Project will be listed in the Canada, Ontario Ministry of Heritage, consultation may be required on certain permits and Permitting Plan. Comments the Agency receives from Sport, Tourism and Culture Industries , authorizations. the province regarding provincial permits are posted on Natural Resources Canada, Transport the Registry for the proponent's review. Canada, Indigenous Services Canada, Webequie First Nation

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