P.O. Box 509 Tel: (819) 964 – 0888 Kuujjuaq Fax: (819) 964 – 0241 Quebec Email: [email protected] J0M 1C0 Website: www.nmrirb.ca WITHOUT PREJUDICE Friday June 6th, 2012 The Honourable John Duncan Aboriginal Affairs and Northern Development Canada Terrasses de la Chaudière 10 Wellington, North Tower Gatineau, Quebec K1A 0H4 Sent via electronic mail: [email protected]; [email protected] Re: Baffinland Iron Mine Corp.’s Mary River Iron Ore Project Dear Honourable Minister John Duncan, The Nunavik Marine Region Impact Review Board (NMRIRB) and the Nunavik Marine Region Planning Commission (NMRPC) are institutions of public government established pursuant to the Nunavik Inuit Land Claims Agreement (NILCA) and the associated Nunavik Inuit Land Claims Agreement Act. The primary functions of the NMRIRB are, amongst others, to gauge and define the extent of the regional impacts of a project, to screen project proposals and to review the ecosystemic and socio- economic impacts of the same. The functions of the NMRPC include the development and implementation of land use plans and the determination of the conformity of project proposals with such plans. The Mary River project proposal of Baffinland Iron Mines Corporation (BIMC) involves a rate of shipping that is unprecedented in the North and will undoubtedly impact the Nunavik Marine Region (NMR). The NMRIRB and NMRPC have great concerns respecting not only the impacts of the Mary River project in itself, but also regarding the cumulative impact of the Mary River project in relation to other activities, actual or projected, in the NMR. Our understanding is that those concerns are shared by Federal authorities1. 1 In a science advisory report, number 2011/65, dated March 2012 and entitled “Technical Review of Baffinland’s Mary River Project draft environmental impact assessment” prepared for Fisheries and Oceans Canada, the Canadian Science Advisory Secretariat mentions that : “Although the draft EIS indicates that the ships will follow established shipping routes, for the most part the established routes through Hudson Strait are in the Nunavik Marine region of the Northern Québec. The draft EIS suggest that icebreaking activities in Hudson Strait would not impact marine mammals because no adverse effects have been documented from other shipping activity in this area. However, between 2005 and 2008 the number of ships arriving at Deception Bay for the Raglan Mine only numbered between four and nine per year. Therefore the size and frequency of 1 P.O. Box 509 Tel: (819) 964 – 0888 Kuujjuaq Fax: (819) 964 – 0241 Quebec Email: [email protected] J0M 1C0 Website: www.nmrirb.ca However, although: 1. scientific analysis made publicly available by Fisheries and Oceans Canada (DFO), including the Final Intervention Comments to the Nunavut Impact Review Board (NIRB)2, the proceedings of the Technical Review for the Mary River project3, and the research document of the Canadian Science Advisory Secretariat4 repeatedly outlines the significant potential impacts of the Mary River project on the Hudson Strait and the NMR, and criticizes the evaluation made by BIMC of various aspects of the project which will undeniably impact the NMR, such as the risks to marine mammals, the necessary deviations from the shipping routes, cumulative effects, the environmental effect of potential oil spills and the impact of the project on Inuit harvesting rights; 2. documents made available by DFO have repeatedly discussed the need to involve Nunavik5; and 3. the key issues for consideration at the Final Hearing for the NIRB final review of the Mary River project, identified by NIRB in a communication dated May 11, 2012, include many issues impacting the NMR (such as the potential for accidents and malfunctions associated with proposed marine transport, the adequacy of marine baseline information, the management of ballast water, the potential impacts to marine mammals and Inuit harvesting, the potential for transboundary impacts associated with shipping activities, etc.); neither BIMC nor any Federal authority has formally consulted with the NMRIRB or the NMRPC regarding the Mary River project, as should have been the case, pursuant to the provisions of the NILCA and the duties of the Crown. We believe, based on our reading of the scientific analyses mentioned above, that impacts on the NMR that are significant have not been given sufficient consideration. We, of the NMRIRB and the NMRPC, have great concerns regarding the potential impacts of the Mary River project on the existing and future well-being of the Inuit of Nunavik, as well as on the ecosystemic integrity of the NMR. ore carriers that would travel through Hudson Strait and Foxe Bassin for the Mary River Project would greatly exceed any current shipping activities in Nunavut or Nunavik. Moreover, the existing southerly routes avoid the biologically sensitive polynyas as of the south coast of Baffin Island. For this reason, the impacts of shipping in Hudson Strait on marine mammals should be thoroughly assessed. In summary, it is clear that shipping is likely to occur west of Koch, Rowley, and the Spicer islands, as well as north of Mill island at the western end of Hudson Strait, and in Nunavik waters. Given most of these shipping routes are new, not existing, and the scope of proposed shipping activity is significantly greater than current levels, and impact assessment for all probable shipping routes should be undertaken. ” 2 Dated May 30, 2012. 3 Which took place in March and September, 2011. 4 Number 2011/086. 5 For instance, page 2 of the proceedings mention that: “Community consultations were confined to Nunavut, as the Proponent argued that they would not use shipping routes in Nunavik. However, as participants pointed out, the range of underwater noise propagation for the cape size carriers is 250km, therefore the sound of ships would affect the marine environment of Nunavik. The effects of sound transmission, transboundary issues associated with marine mammals, and risks associated with catastrophic events such as large fuel spills also require the inclusion of Nunavik in the EIS assessment. The Regional Study Area includes Hudson Strait thus, again, Nunavik must be involved.” 2 P.O. Box 509 Tel: (819) 964 – 0888 Kuujjuaq Fax: (819) 964 – 0241 Quebec Email: [email protected] J0M 1C0 Website: www.nmrirb.ca This letter therefore serves as formal request to the Federal authorities that the NILCA processes be followed and that the Mary River project be submitted to the NMRIRB and the NMRPC for review and screening. We trust that the Federal authorities will support the NMRIRB and the NMRPC and ensure that the Federal Government’s obligations are fulfilled. Specifically, until the NILCA processes are followed, NMRIRB and NMRPC request that no licence or approval required in order to allow the Mary River project to proceed be issued. Given the advanced state of the NIRB assessment of impacts on the Nunavut Settlement Area of the proposed Mary River project, we request an answer to this letter by July 11th, 2012. We look forward to receiving your response. Sincerely, Mr. Putulik Papigatuk Mr. Henry Alayco Chairperson Chairperson Nunavik Marine Region Impact Review Board Nunavik Marine Region Planning Commission c.c. Margaux Brisco - Aboriginal Affairs and Northern Development Canada Mark Dahl - Environment Canada Derrick Moggy - Fisheries and Oceans Canada Doug Soloway - Transport Canada Marc Gregoire - Canadian Coast Guard Kelly Senkiw - Health Canada Cindy Parker - Canadian Environmental Assessment Agency Amie Baker - Natural Resources Canada Ryan Barry - Nunavut Impact Review Board Johnny Oovaut - Nunavik Marine Region Wildlife Board Cathy Towtongie - Nunavut Tunngavik Inc. Navarana Beveridge - Qikiqtani Inuit Association William Napier - Baffinland Iron Mines Corporation Michael T. Zurowski - Baffinland Iron Mines Corporation Jobie Tukkiapik - Makivik Corporation Johnny Peters - Makivik Corporation Adamie Delisle Alaku - Makivik Corporation Stas Olpinski - Makivik Corporation 3 .