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THE RESPONSE OF THE GOVERNMENT OF NEWFOUNDLAND AND LABRADOR
TO THE VOISEY'S BAY ENVIRONMENTAL ASSESSMENT PANEL RECOMMENDATIONS
1.The Panel recommends that the Voisey's Bay Mine and Mill Project be authorized to
proceed, subject to the terms and conditions identified in the rest of the Panel's
recommendations.
Disposition
The project is released from any further requirements of the Environmental Assessment Act,
subject to the terms and conditions ordered by Cabinet.
2.The Panel recommends that the Province and VBNC negotiate a mining lease that promotes
the attainment of durable and equitable social and economic benefits to the people of
Labrador and of the Province through resource stewardship. The following conditions should
be attached to that lease: VBNC must proceed as soon as possible with an underground
exploration program and, if reserves are proven, commit to early development to blend
underground output with the late stages of open pit production; and if initial underground
exploration does not confirm current reserve projections, VBNC must extend the life of the
open pit by reducing the annual production rate to ensure that the Project can continue to
operate for at least 20 to 25 years.
Disposition
The Province accepts the principle of a long term, sustainable mining project
at Voisey's Bay with the Minister of Mines and Energy to set the final terms and
conditions of the mining lease as appropriate to achieve this objective.
3. The Panel recommends that Canada and the Province conclude and ratify land claims
agreements in principle with the Inuit of Labrador, represented by LIA, and with the Innu
of Labrador, represented by the Innu Nation, before issuing any project authorizations.
The agreements in principle should include binding and enforceable interim measures for
co-management to provide a bridge between the end of this environmental assessment and the
full operation of the co-management elements of the agreements. This will require Canada
and the Province to amend their approaches to claims negotiations to ensure that the
required interim measures are put in place as an integral part of an agreement in
principle.
Failing that, the Panel recommends that, before issuing any project authorizations,
Canada and the Province negotiate equivalent alternative measures with LIA and the Innu
Nation, as outlined in Chapter 17. Such measures must provide for Inuit and Innu
participation, consultation and compensation in respect of the Project, in keeping with
the fiduciary obligations of Canada and the Province.
4. The Panel recommends that, whichever option in Recommendation 3 is adopted, as long as
the arrangements are legally binding and enforceable, conditional authorization be given
that would provide VBNC with satisfactory assurance to plan the Project and apply for
permits while negotiations continue. This would allow both processes to occur concurrently
rather than consecutively. However, actual construction should not be authorized to
proceed until the conditions of Recommendation 3 have been fulfilled.
Disposition (3 and 4)
The Province has offered to expedite discussions with the LIA and Innu leading
to the timely conclusion of land claims matters, but does not agree to make project
approval or commencement of construction conditional upon resolution of land claims or
interim measures agreements.
5. The Panel recommends that Canada and the Province issue no Project authorizations until
LIA and the Innu Nation have each concluded Impact and Benefit Agreements (IBAs) with
VBNC. Whether these occur inside or outside the context of a settled land claims
agreement, IBA negotiations should be concluded within an agreed time frame, or, if
necessary, the Minister authorizing the Project should impose a time frame. The
negotiating framework should also include provision for dispute resolution, including the
use of compulsory arbitration if required.
Disposition
The Province accepts the principle which supports the timely completion of
IBAs, but does not agree to make project approval or commencement of construction
conditional on the resolution of IBAs. The Province is prepared to make itself available
to assist with the IBA discussions as appropriate should the parties so wish.
6. The Panel recommends that VBNC, as part of its environmental protection plan, do the
following: VBNC should develop a dust management plan that incorporates best management
practices derived from other mining and related operations, to minimize the creation and
mobilization of dust. This plan should include preventive measures, such as appropriate
speed limits for truck traffic on haul roads and dust suppression techniques.
VBNC should develop a comprehensive energy conservation program, to prevent air
pollution effects by reducing the combustion of fossil fuels. The program should include
an energy review of the planned Project design before construction starts.
Disposition
The Province accepts this recommendation.
7. The Panel recommends that VBNC ensure the final design of all dams includes provision
for the worst possible seismic event; evaluate best environmental management practices in
Canada and elsewhere for dam design and construction in order to identify provisions for
seepage collection and treatment; and prepare and implement a dam safety inspection and
maintenance program for all Project phases.
Disposition
The Province accepts this recommendation.
8. The Panel recommends that, before deciding to commission the North Tailings Basin, VBNC
should evaluate the potential for using the mined-out Ovoid as a disposal site for either
tailings or waste rock. It should also investigate, when adequate samples are available,
the adequacy of both acid-generating waste rock and tailings as underground backfill
material. During this environmental evaluation, the company should consider the best
currently available technology for disposing of tailings and the results of the harlequin
duck monitoring program (see Recommendation 65). This evaluation should be subject to
review and recommendations by the proposed Environmental Advisory Board.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94.
9. The Panel recommends that VBNC prepare and implement a program, which can be carried
out throughout the life of the Project, to verify and monitor open pit and underground
waste rock that is disposed of on the surface; develop procedures to segregate all waste
that originates from potentially acid-generating zones but is sorted as non
acid-generating, and to assign this waste to a specific dump site so that the company can
take mitigative measures if monitoring reveals a problem; outline contingency plans for
dealing with reactive material encountered in the non-mineralized piles, particularly for
managing runoff; and ensure that the waste handling system designed for the underground
operation allows separate handling and disposal of acid-generating material.
Disposition
The Province accepts this recommendation.
10. The Panel recommends that VBNC further develop its water recycling plans, in
consultation with Environment Canada, incorporating procedures to maximize the volume of
recycled water of acceptable quality, taking into account factors that could limit the use
of recycled water in the mill process; and contingency plans to deal with potential
requirements for additional raw water withdrawals and wastewater treatment.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
11. The Panel recommends that VBNC integrate into its environmental protection plan, in
consultation with Environment Canada, pollution prevention procedures that apply the best
management practices for minimizing the salt production; pollution prevention procedures
that reconcile pH levels and ammonia concentrations in ponds and effluents, taking into
account the potential accumulation of ammonia under ice; and a sludge management plan that
takes into account alternative sludge disposal options, the long-term potential for metal
dissolution from sludge co-disposed with tailings, and the implications of mill shutdowns
and decommissioning.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
12. The Panel recommends that VBNC develop a long-term management and rehabilitation plan
for the open pit. The plan should be subject to review and recommendations by the
Environmental Advisory Board, and should include ongoing modeling and laboratory testing
of evolving water quality in the flooded pit, of discharge rates and of the type and
length of treatment required; a strategy to reduce the time that the open pit walls will
be exposed before the pit is flooded, developed by evaluating best environmental
management practices; and measures to reclaim the surrounding area to promote wildlife
safety and the development of appropriate shoreline habitat.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94.
13. The Panel recommends that VBNC establish monitoring wells between the open pit and
Reid Brook, and develop suitable threshold levels for contaminants and a contingency plan
to take corrective action if contaminants are found in groundwater flowing towards Reid
Brook.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
14. The Panel recommends that VBNC develop an appropriate effects monitoring program for
metals and other contaminants, in cooperation with DFO, Environment Canada, LIA and the
Innu Nation. The program should include a protocol for interpreting results and for taking
remedial action. The program should be in place before construction starts and should be
subject to ongoing modification, as appropriate.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
15. The Panel recommends that a program be established to monitor contaminant levels in
country foods on a continuing basis in northern Labrador. This general program should be a
cooperative one involving primarily governments, LIA, and Innu Nation, although VBNC
should contribute some technical and material support. The lead agency for this program
should be designated by DFO, in its capacity as the Responsible Authority. This lead
agency should be the primary funder of the program, and provide scientific resources to
it, but the program should be under the direction of the Environmental Advisory Board
(EAB). The objective of the program should be to address public concerns, and to minimize
misunderstandings about the actual effects of the Project on the regional environment. The
program should address the cumulative and synergistic effects of contaminants from all
sources, and should include provisions for interpreting and communicating the results to
the regional public on a continuing basis. It should fully incorporate the knowledge and
experience of the federal Northern Contaminants Program and also develop cooperative links
with it. The program should, at the outset, ensure that adequate baseline data are
obtained on contaminant levels (not restricted to metals) in a broad spectrum of biota and
locations in the region. It should assemble all existing contaminants data for the region
from all relevant public and private agencies, and then add to them as required. These
baseline data should be available prior to construction, subject to review and
recommendations of the EAB.
Disposition
The Province accepts this recommendation in principle, with VBNC to develop and
implement a program to monitor contaminant levels in country foods that may result from
the project under parameters, including the collection of baseline data prior to
commencement of construction, to be developed in consultation with the Federal Government,
the Innu, the LIA and, as appropriate, the Province. The mechanism for consultations with
the Aboriginal groups would be determined pursuant to the process proposed in response to
Recommendation 94.
16. The Panel recommends that DFO and Environment Canada jointly develop a problem
statement and research design to identify the means by which mercury could become
mobilized in the environment, within the parameters of this Project. If this exercise
results in a clear hypothesis linking the Project to mercury mobilization at levels
potentially hazardous to fish, wildlife, or humans, then DFO, Environment Canada, and VBNC
should develop and fund a cooperative research program leading to prevention or
mitigation.
Disposition
The Province supports any initiatives of the Federal Government which will
assist in ensuring a further appropriate understanding of the environmental impacts of the
project on the environment.
17. The Panel recommends that, before DFO provides authorizations under subsection 35(2)
of the Fisheries Act, VBNC prepare a fish habitat protection report on the proposed
prevention and mitigation elements of both the Project design and the environmental
protection plan. This report should address mitigation of effects arising from flow
alterations during construction, pump down periods, operation and decommissioning; minimum
(and, where appropriate, maximum) flows to be maintained, including information on how
these flows were determined; the sources of water to maintain flows and control mechanisms
required to deliver this mitigation; the extent to which char use habitat in Camp Pond
Brook; ways that the Project could affect this use and, if necessary, details of any
additional mitigation measures proposed to ensure that no significant effects will occur;
and an appropriate environmental effects monitoring program.
Disposition
The Province accepts the principle which seeks to ensure VBNC implements
appropriate measures to minimize the negative environmental effects of the project on fish
and fish habitat, acknowledging that legislative responsibility for this area rests with
the Federal Government.
18. The Panel recommends that DFO provide LIA, the Innu Nation and the general public with
adequate opportunity to review and comment on the draft fish habitat compensation
agreement.
Disposition
The Province accepts the principle which seeks to ensure that appropriate
stakeholders are consulted on the fish habitat compensation agreement, acknowledging that
legislative responsibility for this area rests with the Federal Government.
19. The Panel recommends that DFO indicate to VBNC that the Department will not accept
subsequent requests for HADD authorizations for the proposed Project. In the overall
environmental effects monitoring program outlined in its fish habitat protection report
(see Recommendation 18), VBNC should include a monitoring component designed to validate
the predicted effects of the Project on fish habitat and to assess the effectiveness of
mitigation measures. If, at some later date, monitoring results indicate that flow
alterations have destroyed or harmfully altered additional habitat, the onus should be
placed on VBNC to restore that habitat as quickly as possible.
Disposition
The Province accepts the principle which seeks to ensure that VBNC develop and
implement an appropriate environmental plan and effects monitoring programs for fish and
fish habitat, acknowledging that legislative responsibility for this area rests with the
Federal Government.
20. The Panel recommends that DFO develop a proponent's guide to HADD identification and
the development of fish habitat compensation options that clearly lays out the steps a
proponent should take, the methods to be used and the criteria by which the proponent's
work will be judged. DFO should complete the criteria for standing water and marine
habitat as soon as possible and include them in the guide.
Disposition
The Province accepts the principle which seeks to ensure that the Federal
process for dealing with HADD matters is clearly articulated for the proponent and the
general public at large, acknowledging that legislative responsibility for this area rests
with the Federal Government.
21. The Panel recommends that VBNC and DFO jointly review potential sources and pathways
of sedimentation, and currently proposed mitigation with respect to Camp Pond, to avoid or
minimize sediment transport into the pond wherever possible, so that fish habitat loss
does not occur.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
22. The Panel recommends that, as part of the environmental protection plan, VBNC develop
blasting procedures that incorporate DFO's guidelines with respect to protecting fish and
fish habitat.
Disposition
The Province accepts the principle which seeks to ensure that VBNC take
appropriate measures to minimize the environmental impact of its blasting activities,
acknowledging that legislative responsibility for this area rests with the Federal
Government.
23. The Panel recommends that VBNC develop, as part of the Environmental Management
System, an environmental protection plan for Reid Brook that incorporates the following,
as required: adjustments to the main access road route and design to minimize potential
impacts on Reid Brook; design and construction of appropriate stream crossings on
tributaries; specific traffic management procedures at key locations along the road;
seepage collection at the toe of Dam H2; and additional mitigation measures to improve the
quality of water leaving Camp Pond, if necessary (for example, additional water retention
or development of an engineered wetland).
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
24. The Panel recommends that VBNC develop monitoring studies for contaminant effects in
freshwater with input from DFO, Environment Canada and other stakeholders, and consider
the findings of the Aquatic Effects Technology Evaluation (AETE) program. To provide early
warning of effects, serious consideration should be given to monitoring at least at the
benthic macro invertebrate level, if not at a lower trophic level, provided there is
reasonable assurance that the program will be able to deliver clear cause and effect
information that is scientifically valid. Additional baseline information need only be
collected if required to support the selected monitoring component. VBNC should also offer
to collaborate with any research carried out as a follow-up to the AETE program by
providing monitoring information from the Project to be used as a case study.
Disposition
The Province accepts the principle which seeks to ensure that proper monitoring
for environmental effects of the project (in this case, contaminant effects in freshwater)
is undertaken by VBNC, acknowledging that legislative responsibility for this area rests
with the Federal Government.
25. The Panel recommends that VBNC carry out hydrometrical, water quality and fish
population monitoring in the Reid Brook system; that DFO initiate appropriate studies to
increase understanding of fish and fish habitat in the wider Kogluktokoluk-Ikadlivik-Reid
system, involving LIA and the Innu Nation in this process; and that VBNC contribute
significantly to these studies by providing information and other resources.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
26. The Panel recommends that, if the North Tailings Basin is required during the
underground phase, before approvals are given for its construction, VBNC prepare a report
to review the environmental advantages and disadvantages of consolidating effluent
discharge into Edward's Cove instead of constructing a second diffuser in Kangeklualuk
Bay. The report should examine the results of the compliance and effects monitoring
carried out for the existing Edward's Cove diffuser, and should be subject to review and
recommendations by the Environmental Advisory Board.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94.
27. The Panel recommends that DFO, Environment Canada, the Canada Center for Mineral and
Energy Technology and VBNC, in consultation with LIA and the Innu Nation through
monitoring partnerships, should develop a research program using the Voisey's Bay Mine and
Mill Project as the central case study, to increase the level of knowledge about the
effects of nickel-copper-cobalt effluents in the marine environment, particularly with
respect to effluent discharge standards, mitigation measures, and monitoring methods and
procedures.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Departments of Environment and Labour and Mines and Energy.
28. The Panel recommends that VBNC commit, through its environmental protection plan, to
reducing total marine pollutant loadings on a continuous improvement basis, and work with
Environment Canada to develop policies and procedures that would improve mill processes to
reduce pollutants at source; ensure, through a preventive maintenance program and other
approaches, that treatment facilities operate at the highest standards of effectiveness;
and upgrade treatment technology as needed.
VBNC should report regularly to the Environmental Advisory Board on the results of this
pollution prevention program.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94.
29. The Panel recommends that VBNC be required to include the following in its follow-up
program: a marine water and sediment quality monitoring program that includes threshold
criteria related to existing water and sediment quality guidelines (threshold levels
should be set at a point that gives suitable early warning); mandatory mitigative action
if these thresholds were exceeded; and research studies designed to identify any adverse
health effects in marine biota, followed by revision of the threshold criteria if
necessary.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
30. The Panel recommends that VBNC monitor shellfish for metals, bacterial contamination
and hydrocarbon tainting to identify the extent of the area affected by the Project.
Disposition
The Province accepts this recommendation.
31. The Panel recommends that vessels built or contracted by VBNC to ship
nickel-copper-cobalt concentrates be designed or tested for equivalency to CAC3 standards
to ensure such vessels can travel safely through the worst potential ice conditions.
Disposition
The Province accepts the principle which seeks to ensure that VBNC use
appropriately built vessels for its operations in northern Labrador, acknowledging that
legislative responsibility for this area rests with the Federal Government.
32. The Panel recommends that VBNC incorporate Arctic Ice Regime Shipping System
procedures into the Marine Transportation Management Plan to ensure the safe passage of
both dedicated and contracted concentrate vessels. VBNC should implement these procedures
in consultation with the regulators and with the LIA as part of a bilateral shipping
agreement (see Recommendation 97).
33. The Panel recommends that VBNC implement a program, in conjunction with LIA and
regulators, to explore the requirement for and viability of winter shipping through
landfast ice, which should include the following: additional research into concentrate
behaviour and measures to lengthen storage time as operating volumes of concentrate become
available; additional study of the behaviour of ship tracks in ice, based on experience
from the Raglan operation; and trial voyages by concentrate carriers during initial
operating years, under differing winter conditions, to examine the actual behaviour of
landfast ice and to assess the safety of such an operation.
34. The Panel recommends that VBNC undertake further modeling studies of the
performance limitations of candidate vessels for navigating in ice, and further evaluate
their ice navigation performance limitations, including shaft horsepower, hull
strengthening, ice-ingestion hazards and ability to operate in ballast condition close to
load displacement draft.
35. The Panel recommends that VBNC incorporate the following elements into the Marine
Transportation Management Plan to ensure the safety of vessels while shipping in landfast
or pack ice: establish a dedicated coordination center for all shipping to and from the
Project area and for all phases of the project; review and adjust shipping plans before
the ice season starts to reflect the availability of icebreaker resources and ice
conditions; before allowing ships to enter pack ice, ensure that they have sufficient
strength and power to operate in ice, that crews are competent in ice and that icebreaker
support is readily available, so that such ships are not beset in ice and forced into an
uncharted area; provide an ice information system that extends to the limits of pack ice
along the route planned for the vessel; and establish protocols to ensure that the
icebreaker commander and bulk carrier master reach consensus about procedures to be
adhered to during escort, before the ship enters the ice.
36. The Panel recommends that Canadian Hydrographic Service survey additional areas
adjoining the proposed route in the interests of ship safety, environmental response,
search and rescue operations, and icebreaker operations.
Disposition (32-36)
The Province accepts the principle which seeks to ensure that VBNC take
appropriate measures for safe shipping activities, acknowledging that legislative
responsibility for this area rests with the Federal Government.
37. The Panel recommends that VBNC, in consultation with DFO and LIA, review one or
more alternate shipping route(s) into Anaktalak Bay, and that hydrographic surveys and
subsequent charting of these route(s) to modern Canadian Hydrographic Service hydrographic
standards be carried out within the next three years.
Disposition
The Province accepts the principle which seeks to ensure VBNC undertakes
appropriate efforts to identify the most environmentally appropriate shipping routes,
acknowledging that legislative responsibility for this area rests with the Federal
Government.
38. The Panel recommends that the Atlantic Pilotage Authority declare Edward's Cove a
compulsory pilotage area to ensure that non-Canadian vessels chartered on the spot market
are required to carry a pilot with local knowledge.
Disposition
The Province accepts the principle which ensures that appropriate measures be
put in place by VBNC to ensure safe shipping activities in Edward's Cove, acknowledging
that legislative responsibility for this matter rests with the Federal Government.
39. The Panel recommends that, before shipping begins, VBNC install the best available
electronic and fixed navigational aids, including a fixed tide gauge, to ensure precise
vessel locating along the shipping route.
Disposition
The Province accepts the principle which seeks to ensure that VBNC implements
appropriate measures to ensure safe shipping activities, acknowledging that legislative
responsibility for this matter rests with the Federal Government.
40. The Panel recommends that VBNC integrate concentrate loading procedures and
controls into the Marine Transportation Management Plan in consultation with Transport
Canada. VBNC must provide the services of a port warden when required, especially when
loading copper concentrate on non-Canadian vessels. VBNC should also monitor dockside
concentrate handling operations, and take corrective action if it observes chronic
concentrate losses.
Disposition
The Province accepts the part of the recommendation addressing chronic dockside
concentrate loss and loading procedures, with referrals on these issues also to be made to
the Department of Environment and Labour. Respecting the remaining aspects of the
recommendation, the Province accepts the principle which seeks to ensure VBNC employs
appropriate procedures for the proper loading of concentrate onto vessels, acknowledging
that legislative responsibility for this matter rests with the Federal Government.
41. The Panel recommends that, before any Project-related shipping begins, VBNC be
required to develop a ballast water management program in consultation with DFO. This
program should give a high degree of ecological protection to marine waters near the
Project. Requirements of the program should be made part of all shipping contracts, which
should include a financial penalty for non-compliance.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
42. The Panel recommends that VBNC implement its proposed safety and emergency
preparedness measures with respect to oil spills.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
43. The Panel recommends that VBNC and DFO reach agreement on a credible worst case
scenario for oil spills, and that all responsible parties then base their oil spill
response planning on this scenario. Response equipment should be positioned, response
plans reviewed and updated, and emergency preparedness maintained and tested accordingly,
throughout the shipping component of the Project. VBNC and LIA should also include
response planning in their proposed bilateral shipping agreement. VBNC should continue to
develop oil spill scenarios and fate modelling and should incorporate DFO and public
concerns, as appropriate, in its ongoing emergency response planning. Emergency response
plans should include specific provisions for effects monitoring, and evaluation of the
effectiveness of response measures, that would begin immediately if a major spill
occurred. VBNC should ensure that its shippers are fully aware of and prepared to
implement this requirement.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
44. The Panel recommends that VBNC require ships carrying fuel to the site to carry oil
spill response equipment on board, including booms, skimmers, sorbents and storage.
Disposition
The Province accepts the principle which seeks to ensure that ships carrying
fuel to the site can properly respond to oil spill emergencies, acknowledging that
legislative responsibility for this matter rests with the Federal Government.
45. The Panel recommends that VBNC provide a support vessel at Edward's Cove to respond
to minor incidents, provide docking support, maintain navigational aids and serve as a
first line of response to a major oil spill along the shipping route.
Disposition
The Province accepts the principle that VBNC take appropriate steps to ensure
safe shipping activities and adequate response to oil spill emergencies, acknowledging
that legislative responsibility for this matter rests with the Federal Government.
46. The Panel recommends that the Canadian Coast Guard, with the cooperation and
assistance of VBNC, and in consultation with LIA, update and complete existing sensitivity
mapping of shoreline types, critical coastal habitat, key harvesting areas and other areas
of local importance, as a basis for cooperative planning of response strategies and
priorities.
Disposition
The Province accepts the recommendation, with referrals on these issues also to
be made to the Department of Environment and Labour.
47. The Panel recommends that DFO fund, conduct or sponsor additional marine mammal
studies that contribute to the understanding of cumulative and Project effects, and that
Canada provide DFO with the resources necessary to do so. These studies should include
regional research, and general studies of noise and ice effects.
LIA should be involved in the design and conduct of these studies, which should be
subject to the review and recommendations of the Environmental Advisory Board.
Disposition
The Province accepts the principle which seeks to improve, as appropriate, the
current base of knowledge on the environmental effects of the project, acknowledging that
legislative responsibility for this matter rests with the Federal Government. The
mechanism for consultations with the Aboriginal groups would be determined pursuant to the
process proposed in response to Recommendation 94.
48. The Panel recommends that VBNC determine, in cooperation with LIA, ringed seal
whelping times near the shipping route, before beginning winter shipping.
Disposition
The Province accepts the principle which seeks to improve, as appropriate, the
current base of knowledge on seals, acknowledging that legislative responsibility for this
matter rests with the Federal Government.
49. The Panel recommends that VBNC develop contingency plans for dealing with the
effects of oil spills or chronic pollution on polar bears, and for encounters between
humans and bears. These should be developed in cooperation with LIA in the context of the
proposed shipping agreement, and LIA should advise VBNC in a timely manner of any polar
bear denning activity near the shipping route.
Disposition
The Province accepts the recommendation, with referrals on these issues also to
be made to the Department of Forest Resources and Agrifoods, but does not agree to make
project approval or commencement of construction conditional on finalizing the shipping
agreement.
50. The Panel recommends that Canada and the Province act to clarify jurisdiction over
polar bears off the Labrador coast. The responsible party should enhance its enforcement
capability. It should also establish an effective reporting system for problem kills, such
as the system that exists in the Northwest Territories, to ensure conservation and to use
as a basis for the compensation recommended in Chapter 14.
Disposition
The Province commits to work with the Federal Government to resolve any
uncertainty over jurisdiction concerning the protection of polar bears off coastal
Labrador.
51. The Panel recommends that VBNC develop an environmental protection plan with
respect to plant community and terrain disturbance that would identify sensitive land
types and avoid them to the greatest extent possible; and restrict off-road vehicle
traffic to designated routes as much as possible when the ground is not frozen, limit such
traffic to essential monitoring functions, favour the use of helicopters for exploration
and isolated construction activities, and restrict off-road use of heavy vehicles to
winter.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
52. The Panel recommends that VBNC maintain adequate on-site equipment and emergency
preparedness to respond to forest fires as early as possible, to minimize damage. These
plans should be subject to review and approval by the Forestry and Wildlife Branch of the
provincial Department of Forest Resources and Agrifoods.
Disposition
The Province accepts this recommendation.
53. The Panel recommends that the Province review the effectiveness of the revised
Mineral Act Regulations, and of its monitoring activities, with respect to the cumulative
effects of mineral exploration on terrestrial and aquatic habitat in northern Labrador, in
consultation with the Innu Nation and LIA.
Disposition
The Province accepts this recommendation.
54. The Panel recommends that the Province, LIA and the Innu Nation ensure that future
environmental assessments of major developments in the range of the George River caribou
herd (whether in Labrador or Quebec) pay particular attention to the cumulative effects of
range fragmentation.
Disposition
The Province accepts this recommendation.
55. The Panel recommends that VBNC establish appropriate mitigative measures, as it has
proposed to do, with respect to roads, pipelines and other linear facilities. These should
facilitate unimpeded travel by caribou and ensure that caribou are kept away from the
airstrip, by using fencing if necessary. These measures should also conform to best
practices existing at the time they are implemented.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
56. The Panel recommends that VBNC develop an environmental protection plan for caribou
that would provide for regular monitoring of caribou in the Claim Block, and in adjacent
areas when caribou may be congregating or migrating, as appropriate; establish a graduated
set of responses to caribou presence and movements near the Project, beginning with limits
on traffic speed and volume, up to and including complete cessation of traffic during
migration events; and provide for monitoring of and reporting on the effectiveness of
VBNC's caribou mitigation measures, and their modification, as appropriate.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
57. The Panel recommends that VBNC, and its contractors and subcontractors, clean up
and remove all equipment immediately after any exploration or other activities occurring
anywhere outside fenced-in Project operations, whether within the Claim Block or elsewhere
in northern Labrador.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Mines and Energy.
58. The Panel recommends that VBNC and LIA, as part of the shipping agreement, develop
a program to monitor and minimize the effects of winter shipping on caribou.
Disposition
The Province accepts the principle which seeks to ensure that the effects of
winter shipping on caribou are minimized, acknowledging that the legislative
responsibility for this area rests with the Federal Government.
Further,
the Province does not agree to make project approval or commencement of construction
conditional on finalizing the shipping agreement.
59. The Panel recommends that the Province, LIA and the Innu Nation enter into
co-management arrangements for the George River caribou herd with the Government of Quebec
and Quebec Aboriginal users.
Disposition
The Province will continue to pursue steps appropriate to enhance the
management and protection of the George River Caribou herd.
60. The Panel recommends that the Province undertake or sponsor further research to
establish black bear population definition, abundance, structure, dynamics and critical
life history requirements, to ensure the appropriateness and effectiveness of adaptive
management strategies for black bears. The Innu Nation and LIA should be involved in the
design and conduct of this research, and the research should be subject to the review and
recommendations of the Environmental Advisory Board.
Disposition
The Province accepts this recommendation, with implementation subject to the
availability of provincial resources. The mechanism for consultations with the Aboriginal
groups would be determined pursuant to the process proposed in response to Recommendation
94.
61. The Panel recommends that VBNC develop an environmental protection plan with
respect to black bears that would continue to implement and refine measures to improve
food storage and waste management, restrict on- and off-road traffic, and train personnel;
provide for the use of electric fencing in Project areas, as appropriate; regularly
monitor black bear presence and denning activities; and establish a protocol for avoiding
bears and dens during Project activities, by relocating, reducing or temporarily stopping
activities, as appropriate.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
62. The Panel recommends that VBNC, in consultation with Environment Canada, LIA, the
Innu Nation and other interested parties, develop and implement an environmental
protection and emergency response plan for seabirds and waterfowl that clearly identifies
all sensitive areas and time periods for seabirds and sea ducks, identifies all potential
Project interactions and ensures adequate protection of these areas. These plans should
include consideration of all sea ducks and seabirds that migrate through the area and that
come into contact with the shipping route.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
63. The Panel recommends that VBNC, in consultation with Environment Canada and LIA,
develop a vessel oily waste management plan that includes procedures for identifying all
potential sources of chronic, relatively small discharges of oil, both accidental and
deliberate, as well as large oil spills; an explicit zero-discharge goal for chronic oil
pollution originating from Project vessels; best management practices designed to achieve
zero discharge, to be reviewed regularly; and provisions for adequate, land-based
reception facilities for oily wastes from Project vessels, at both Edward's Cove and at
the reception port, including a disposal plan for such wastes.
Disposition
The Province accepts the principle which seeks to ensure that VBNC properly
manages its oily waste, acknowledging that legislative responsibility for matters other
that land-based facilities rests with the Federal Government. The Province accepts the
recommendation dealing with land-based facilities, with referrals to be made to the
Department of Environment and Labour.
64. The Panel recommends that VBNC, in consultation with Environment Canada and LIA,
develop a monitoring program to evaluate the effects of noise and disturbance from passing
vessels on breeding colonies. Based on the results of this program, VBNC should, if
necessary, develop and implement additional mitigation measures that may involve alternate
shipping routes (these are addressed in Recommendation 37).
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
65. The Panel recommends that VBNC develop an ongoing research and monitoring program
for harlequin ducks in the Project area, in consultation with the Canadian Wildlife
Service and other interested parties, to better understand the physical, biological and
chemical attributes of harlequin duck habitat and to refine an effective mitigation and
monitoring strategy.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
66. The Panel recommends that VBNC incorporate the following measures into its
environmental protection plan in order to protect harlequin ducks and their habitat:
construction standards and procedures that require bridges instead of culverts for
crossings of waters frequented by harlequin ducks (harlequin duck nest surveys should be
carried out 100 m upstream and 100 m downstream of each potential stream crossing site to
ensure a minimum separation zone); design standards that ensure appropriate buffer zones
between roads and streams that provide harlequin duck habitat, where physically
achievable; and procedures to control dust and noise in critical habitat areas.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Forest Resources and Agrifoods.
67. The Panel recommends that VBNC collaborate with Environment Canada, the Department
of National Defence, the Province of Newfoundland and Labrador, and other relevant parties
to integrate the methodologies and results of VBNC's on-site harlequin duck monitoring
program with those of other monitoring programs or studies related to present, proposed or
future developments in Labrador, to ensure valid assessment of the cumulative effects of
the Project, including shipping activities.
Disposition
The Province accepts this recommendation.
68. The Panel recommends that, in view of risks to waterfowl habitat and populations,
and to the success of Aboriginal harvesting efforts, VBNC should pursue one of the
following strategies to develop the airport in its proposed location:
(A) It should realign the runway so that aircraft would not fly directly over the
gooselands, and operate the airport as a non-precision approach facility until new landing
technology permits it to operate it as a category 1 facility.
OR
(B) Before constructing and operating the proposed category 1 airport, it should
develop an air traffic management plan, which would include measures, up to and including
temporary restriction of flights during critical migratory waterfowl staging periods, to
ensure that flights would not unduly disturb waterfowl using the gooselands or disrupt
aboriginal harvesting. The plan should include effects monitoring provisions, and VBNC
should remove air traffic restrictions only if the results of this monitoring justify
doing so. The air traffic management plan should be subject to the review and
recommendations of the environmental advisory board.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Department of Environment and Labour.
The mechanism for
consultations with the Aboriginal groups would be determined pursuant to the process
proposed in response to Recommendation 94.
69. The Panel recommends that VBNC continue its current no-hunting and no-fishing
policy on site, and ensure that it is strictly enforced. The policy should be expanded to
include a ban on egging. The policy should also provide for termination of employment in
the case of unlawful trafficking in fish and wildlife, and ensure that employees are made
aware of these consequences.
Disposition
The Province will encourage VBNC to implement employment measures as
appropriate to minimize, to the extent possible and practical, the impact of employee
activities on local wildlife.
70. The Panel recommends that VBNC implement its proposed policy of returning employees
to their point of pick-up, to ensure that they cannot use the site as a base for hunting
and fishing during their time off.
Disposition
The Province will encourage VBNC to implement employment measures as
appropriate to minimize, to the extent possible and practical, the impact of employee
activities on local wildlife.
71. The Panel recommends that VBNC reach agreement with LIA and the Innu Nation about
harvesting compensation regimes before the project is authorized. These compensation
regimes should be negotiated in the context of impact and benefit agreements and be in
place before construction begins. They should include protocols for compensating
Aboriginal people for increased harvesting costs incurred by displacement or impaired
access; benefits they might have realized from commercial opportunities that they will not
be able to exploit because of the project; damage to equipment or property; and
subsistence and commercial harvests that do not happen because the project has reduced the
abundance or impaired the quality of wildlife.
Liability should be sufficient to cover catastrophic events, and the harvesting
compensation regime should apply to VBNC's contractors and subcontractors, including their
shippers.
Disposition
The Province suggests that VBNC, the LIA and the Innu Nation respond to this
recommendation as appropriate, but does not agree to make project approval or commencement
of construction conditional on the resolution of these issues.
72. The Panel recommends that VBNC commit to providing compensation on a case by case
basis for traditional harvesters, other than LIA or Innu Nation members, who may be
adversely affected by, for example, disruption of travel on the sea ice in winter.
Disposition
The Province suggests that VBNC respond to this recommendation as appropriate.
73. The Panel recommends that VBNC, as part of its environmental protection plan, reach
agreement with LIA and the Innu Nation on the provisions of an historical resources
protection and management plan, based on a revision of the existing historical resources
contingency plan, before the project is authorized. This plan should be negotiated in the
context of impact benefit agreements and be in place before construction begins.
Disposition
The Province accepts the part of the recommendation calling for the development
of a historic resources protection and management plan, but does not agree to make project
approval or commencement of construction conditional on its completion.
74. The Panel recommends that, to improve access to appropriate training opportunities
for as many north coast residents as possible, the parties involved in the multi-party
training program (the federal and provincial governments, the Innu Nation, LIA, College of
the North Atlantic and VBNC) collaborate to identify new or reallocate existing resources
to ensure that aboriginal participants who do not meet the employment insurance
eligibility requirements could still qualify for training assistance.
Disposition
The Province accepts the principle which seeks to ensure that all residents of
northern Labrador have appropriate access to project specific training and job
opportunities, with the federal and provincial governments, LIA, Innu Nation and VBNC to
continue discussions on how best to achieve this objective.
75. The Panel recommends that the Province, in cooperation with VBNC, LIA, the Innu
Nation and the College of the North Atlantic, coordinate the development of a skills
inventory to help parties develop both appropriate training programs and individual career
planning.
Disposition
The Province accepts the principle which seeks to ensure that all residents of
Labrador and in particular northern residents, have appropriate access to project specific
training and job opportunities, with the federal and provincial governments, LIA, Innu
Nation and VBNC to continue discussions on how best to achieve this objective.
76. The Panel recommends that VBNC, in consultation with LIA and the Innu Nation and
prior to project approval, establish a quota for apprenticeships during the construction
phase, with emphasis on skills that would be transferable to the operations phases.
Through the tendering process, VBNC should require contractors to establish these
apprenticeship positions.
Disposition
The province will encourage VBNC and the Aboriginal groups to pursue this
initiative, but does not agree to make project approval or commencement of construction
conditional on its resolution.
77. The Panel recommends that, upon project approval, the parties to the multi-party
training plan develop a strategy for doing the following: locating some training programs,
beyond adult basic education, in appropriate north coast communities; developing formal
and informal support programs, such as support groups, counseling or mentoring, for
aboriginal students who have to leave their home communities for training; providing extra
supports, such as child care, to give women, especially single-parent women, equal access
to training; developing a monitoring program to track training outcomes, including
trainees' participation in, completion of or failure to complete the program, and their
ability to obtain employment to help the parties improve the program, as necessary.
Disposition
The Province accepts the principle which seeks to ensure that all residents of
Labrador and in particular northern residents have appropriate access to project specific
training and job opportunities, with the federal and provincial governments, LIA, Innu
Nation and VBNC to continue discussions on how best to achieve this objective.
78. The Panel recommends that VBNC, to build on the search and recognition process,
work in partnership with LIA and the Innu Nation to further develop and implement the
process. LIA and the Innu Nation should play the major role in workshop delivery. This
partnership should involve the Tongamiut Inuit Annait and Innu women designated by the
Innu Nation, to ensure that the search and recognition workshops for women respond
effectively to the concerns and requirements of aboriginal women.
Disposition
The Province accepts the principle which seeks to ensure that all residents of
Labrador and in particular northern residents have appropriate access to project specific
training and job opportunities, with the federal and provincial governments, LIA, Innu
Nation and VBNC to continue discussions on how to best achieve this objective.
79. The Panel recommends that VBNC designate Cartwright as a pick-up point for project
employment, and consider the possibility of a pick-up point in an additional community
south of Cartwright, if circumstances warrant.
Disposition
The Province will encourage VBNC to pursue this initiative as circumstances
warrant.
80. The Panel recommends that, before hiring aboriginal employment coordinators, VBNC
set up a joint committee with LIA and the Innu Nation to finalize job descriptions and
requirements for these coordinators. This committee should also work with the coordinators
to establish guidelines for the anti-racism and cross-cultural programs to be delivered on
site.
Disposition
The Province will encourage VBNC to pursue these initiatives as appropriate.
81. The Panel recommends that VBNC develop a policy to establish the process and
criteria to be used to determine if and when an employee who leaves voluntarily or is
dismissed for just cause can re-apply for employment on the project. Through its
aboriginal employment coordinators, VBNC should be prepared to work with prospective
employees to discuss ways VBNC can personally support them in a second employment attempt,
and ways in which VBNC can address specific workplace problems.
Disposition
The Province will encourage VBNC to develop and implement employee assistance
programs applicable to all employees as appropriate.
82. The Panel recommends that VBNC, through the aboriginal employment coordinators,
monitor aboriginal employee satisfaction with language and cultural aspects of the
workplace, including reasons why aboriginal employees leave, and use this information to
maintain and improve the aboriginal employee retention rate.
Disposition
The Province will encourage VBNC to implement the recommended initiatives as
appropriate.
83. The Panel recommends that VBNC, prior to project authorization, revise existing
VBNC employment assistance programs, including, but not limited to, the women's employment
plan and the harassment policy, to address women's concerns. In developing the revised
programs VBNC should hold consultations with Innu women chosen by the Innu Nation and with
representatives from Tongamiut Inuit Annait, Women's Resource Development Committee, the
Provincial Advisory Council on the Status of Women and the Women's Policy Office of the
Provincial Government; use gender-based analysis; and include measurable goals and
procedures to monitor compliance with federal employment equity legislation and the
Provincial Government's harassment policy.
Disposition
The Province accepts the principle which supports employment equity for women
employed at the project. A woman's employment plan with measurable goals will be
negotiated with VBNC as part of the overall project benefits.
84. The Panel recommends that, during bilateral negotiations related to impact and
benefit agreements, VBNC, LIA and the Innu Nation address resource requirements that would
permit LIA and the Innu Nation to develop a comprehensive program of community child care
for families with a parent or parents at the work site.
Disposition
The Province will encourage the parties to consider this initiative,
recognizing that the Province is not a party to the IBA negotiations, but does not agree
to make project approval or commencement of construction conditional on its resolution.
85. The Panel recommends that VBNC develop a policy to provide for family leave for
employees with child care or elder care responsibilities who face an emergency situation.
Disposition
The Province will encourage VBNC to pursue this initiative as appropriate.
86. The Panel recommends that, as soon as possible and before construction, VBNC, in
consultation with representatives of aboriginal and other Labrador businesses and relevant
federal and provincial agencies, establish an explicit supplier development strategy that
includes contract procurement procedures and supplier development initiatives. The
strategy should include objectives for aboriginal and Labrador procurement that VBNC could
monitor and evaluate. All provisions of this strategy should conform to commitments made
in impact benefit agreements.
Disposition
The Province accepts this recommendation, with the initiatives to be extended
to include all aspects of project design, construction, and operation, and also involve
businesses from the Island portion of the province. The Province does not agree to make
project approval or commencement of construction conditional on resolution of the IBAs.
87. The Panel recommends that VBNC pay a grant-in-lieu of taxes to the Town of Nain to
offset some of the increased costs incurred by the Town as a result of the construction
and operation of the project. The formula used to calculate the grant-in-lieu should be
negotiated by the Newfoundland and Labrador Department of Municipal and Provincial
Affairs, the Town of Nain and VBNC. It should reflect expected project-related uses of
community infrastructure and services, projected municipal costs attributable to
project-related in-migration and any project-related revenues accruing to the community.
Disposition
The Province suggests that the issue of grants payable by VBNC to the Town of
Nain shall remain an issue between the two parties, with the Province available to assist
in discussions as appropriate if requested to do so.
88. The Panel recommends that the Town of Nain, LIA, the Newfoundland and Labrador
Department of Municipal and Provincial Affairs, and Indian and Northern Affairs Canada
jointly develop a five-year housing strategy for Nain, including funding sources, to meet
the housing needs of existing and potential residents.
Disposition
The Province accepts the principle of this recommendation, with implementation
of the 5-year strategy to be subject to the availability of provincial resources.
89. The Panel recommends that VBNC and the Town of Nain develop a communications
protocol to keep each party regularly informed about issues and activities of mutual
interest. The protocol should include arrangements for representatives to meet when
necessary to discuss concerns. The purpose of the communications protocol would be to
provide opportunities to address problems at the earliest stages and to promote
initiatives that might be of mutual benefit.
Disposition
The Province will encourage VBNC and the Town of Nain to pursue this
initiative.
90. The Panel recommends that the LIA, the Town of Nain, and the Newfoundland and
Labrador Department of Development and Rural Renewal collaborate in a community economic
development planning process for Nain. The overall goal should be to achieve a diverse and
sustainable local economy that can maximize participation in project-related enterprises,
while strengthening existing businesses and seeking out new community-based possibilities.
The process should encourage the involvement of the various interest groups, including
VBNC, as appropriate.
Disposition
The Province accepts this recommendation.
91. The Panel recommends that the Province, in consultation with the Labrador Inuit
Association, initiate discussions with Transport Canada to develop a five-year strategy to
upgrade air transportation facilities on the north coast to meet category 1 requirements.
Because of the limitations of the existing strip at Nain, and increased levels of air
traffic, the Panel recommends that Nain receive top priority.
Disposition
The Province accepts in principle the recommendation to initiate discussions
concerning air transportation needs for the north coast, with the Department of Work
Services and Transportation to be directed to take the lead in initiating said
discussions, and Nain to be given top priority in this assessment. Implementation of any
final strategy, however will be subject to the availability of provincial resources.
92. The Panel recommends that the Province, through Health Labrador Corporation and in
consultation with the Labrador Inuit Health Commission and the Innu Health Commission,
assess future preventive and community-based health care needs, set priorities for new or
enhanced programs and services, and establish those programs and services, as required.
Disposition
The Province accepts this recommendation.
93. The Panel recommends that VBNC negotiate the proposed monitoring partnerships with
both LIA and the Innu Nation through their respective impact benefit agreements. The
monitoring partnerships should ensure Inuit and Innu participation in the design,
implementation and evaluation of the monitoring program. They should also provide
opportunities for Inuit and Innu to obtain necessary training and to collect and analyse
data, using both scientific methods and aboriginal knowledge and observation.
Disposition
The Province accepts the principle of involving Aboriginals groups in project
monitoring activities, but leaves the appropriateness or otherwise of including this
activity under an IBA framework to the parties to determine. The Province does not agree
to make project approval or commencement of construction conditional on resolution of this
matter.
94. The Panel recommends that, before construction begins, Canada, Newfoundland and
Labrador, LIA and the Innu Nation negotiate an environmental co-management agreement to
address both biophysical and socio-economic aspects of mineral resources development in
northern Labrador. The agreement should establish an appropriate mechanism for ongoing
four-party involvement in associated regulatory processes, the review of future related
project developments and the administration of the follow-up program.
Disposition
The Province agrees to expedite discussions on the development of a
project-specific environmental consultation arrangement with the Aboriginal groups to
address the bio-physical and socio-economic aspects of the project, but does not agree to
make project approval or commencement of construction conditional on resolution of this
matter.
95. The Panel recommends that, under the terms of the environmental co-management
agreement, the four parties to the memorandum of understanding should establish an
Environmental Advisory Board (EAB) for northern Labrador. Its mandate would be to review
the results of compliance monitoring and of the follow-up program established under the
Canadian Environmental Assessment Act; to review permit applications and future project
development proposals; and to address ongoing environmental management issues and
concerns. Canada and the Province should fund the board's operations, which should include
a secretariat to coordinate administrative and scientific functions. The EAB should
publish an annual report.
Disposition
Consistent with the position taken in Recommendation 94 above, the final
decision on the suitability or otherwise of an Environmental Advisory Board along the
lines proposed by the Panel is subject to the outcome of the discussions on the
environmental consultation arrangements.
96. The Panel recommends that, before construction starts, VBNC prepare an
environmental performance document that clearly lays out all key terms and conditions
under which the project would operate and all commitments made by VBNC, including all
performance standards, financial assurances, targets, quotas and reporting procedures. The
document should indicate in each case the appropriate legal basis (for example, attached
as a condition to a navigable waters protection act approval, included in an impact and
benefit agreement or voluntary agreement). This document would be designed to help VBNC
report its environmental performance and to help governments, aboriginal organizations and
the public evaluate it.
Disposition
The Province accepts this recommendation.
97. The Panel recommends that VBNC negotiate a shipping agreement with LIA before
project construction starts. Initially, this agreement should address protocols for
shipping during the open water period, as well as the processes to be followed to address
outstanding issues of concern around winter shipping. The Panel also recommends that DFO
play a role in this process as an advisor on matters of marine safety and environmental
protection.
Disposition
The Province accepts the principle which seeks to ensure VBNC takes appropriate
measures to safeguard shipping activities, recognizing that legislative responsibility for
this area rests with the Federal Government. The Province does not agree to make project
approval or commencement of construction conditional on the conclusion of the shipping
agreement.
98. The Panel recommends that DFO and LIA start talks to identify areas of interest,
priorities, resources and opportunities related to marine management planning, to
determine which elements of an integrated resource management planning process can
proceed. These talks should be designed to produce a memorandum of understanding on these
issues in a timely fashion. This planning process should preferably take place under the
terms of section 31 of the Oceans Act; if they do not, DFO should identify an alternative
approach.
Disposition
The Province accepts this recommendation in principle, acknowledging that
legislative responsibility for this area rests with the Federal Government.
99. The Panel recommends that VBNC prepare its environmental protection plans,
emergency response and contingency plans, and occupational health and safety plans in
consultation with appropriate regulatory agencies, before construction begins, and that
these plans be subject to review and recommendations by the Environmental Advisory Board.
The environmental protection plans and emergency response and contingency plans should be
developed as field-usable documents, and be reviewed and updated regularly.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94. The Province does not agree to make project approval or commencement
of construction conditional on finalization of an environmental consultation arrangement
with the Aboriginal groups.
100. The Panel recommends that VBNC, LIA and the Innu Nation, through the monitoring
partnerships, negotiate an agreement to include significant levels of aboriginal
participation in the research, planning, implementation and monitoring of the reclamation
plan through the post-decommissioning phase. This agreement should include appropriate
transfers of aboriginal knowledge and technical reclamation knowledge and skills. Through
this agreement, VBNC and its Innu and Inuit partners should collaboratively develop
reasonable and achievable objectives for the reclamation process.
Disposition
The Province accepts the principle which supports Aboriginal participation in
the review of reclamation plans, but does not agree to make project approval or the
commencement of construction conditional on finalizing this arrangement.
101. The Panel recommends that VBNC, as soon as possible and before construction
starts, develop policies and reporting and accountability systems to ensure that
reclamation objectives are built into all aspects of the project's design, construction
and operations, particularly with respect to minimizing the extent of disturbance. VBNC
should continue to develop the reclamation plan in partnership with LIA and the Innu
Nation; review all construction and operating plans from the perspective of reclamation;
conduct appropriate employee and contractor training and awareness sessions; monitor
compliance with the reclamation plan; and report progress, both internally and externally.
Disposition
The Province accepts this recommendation, but will not make project approval or
the commencement of construction conditional on the resolution of reclamation objectives
and policies in the IBAs.
102. The Panel recommends that the Department of Mines and Energy consult with the
Environmental Advisory Board before deciding on appropriate requirements for financial
assurances to be attached to the mining lease. Such assurances should be phased in to
cover estimated reclamation and post-decommissioning monitoring costs at any given point
in the life of the project, and should include an appropriate cash component. These
assurances may also include bonds, dedicated assets or irrevocable guarantees.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94. The Province does not agree to make project approval or the
commencement of construction conditional on resolution of this matter.
103. The Panel recommends that VBNC develop the biophysical monitoring framework
collaboratively. The framework should be based on sound scientific principles, the need
for practical environmental management feedback, and the concerns of northern Labrador
residents and resource users. The monitoring framework should include a data access
policy, reporting protocols and monitoring benchmarks to be used to trigger action. It
should also emphasize the need for process transparency and public access to information.
Disposition
The Province accepts this recommendation, with referrals on these issues also
to be made to the Province.
104. The Panel recommends that the Province designate a provincial department or agency
to develop and oversee a counterpart to the follow-up program under the Canadian
Environmental Assessment Act, which would focus on the socio-economic effects of the
project. The purpose of this program would be to verify the predictions of the
environmental impact statement, to ensure that VBNC is keeping its socio-economic
commitments, to evaluate the effectiveness of mitigative measures, and to guide provincial
resource allocations for services and infrastructure. This socio-economic follow-up
program should be developed in collaboration with the Environmental Advisory Board.
Disposition
The Province accepts the need for recommendation for a central provincial
agency to coordinate overall monitoring of the project from an environmental and
socio-economic perspective, and so designates the Department of Environment and Labour.
The mechanism for consultations with the Aboriginal groups would be determined pursuant to
the process proposed in response to Recommendation 94.
105. The Panel recommends that VBNC be required to submit an annual report to the
provincial department designated as holding responsibility for the socio-economic
follow-up program (see recommendation 104), and to the Environmental Advisory Board. This
report would describe the project's performance in delivering socio-economic benefits to
Labrador Inuit Association and Innu Nation members and to Labrador residents and
businesses. If necessary, the Environmental Advisory Board should provide recommendations
on mitigation or enhancement measures to appropriate provincial and regional economic
agencies and to VBNC.
Disposition
The Province accepts this recommendation, with the mechanism for consultations
with the Aboriginal groups to be determined pursuant to the process proposed in response
to Recommendation 94.
106. The Panel recommends VBNC provide a gender breakdown for all employment figures
submitted in its quarterly reports to the Province.
Disposition
The Province accepts this recommendation.
107. The Panel recommends that both Canada and the Province should incorporate into
their respective environmental assessment processes the principle of full consideration of
traditional ecological knowledge. The Panel further recommends that this consideration be
expanded to include all Aboriginal knowledge. Governments should provide guidance to
proponents on their basic obligations and options with respect to using Aboriginal
knowledge in an Environmental Impact Statement or ensuring its presentation in the public
review process. More specific guidance on using Aboriginal knowledge in future reviews
should be provided by the responsible panels on a case by case basis.
Disposition
The Province agrees to consult further with the Federal Government and the
Aboriginal groups on this recommendation.
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