Vol. 147, No. 14 — July 3, 2013

Registration

SOR/2013-141 June 20, 2013

NAVIGABLE WATERS PROTECTION ACT

Proclamation Exempting the Mink Arm portion of South McMahon Lake from the Operation of Section 22 of the Act

DAVID JOHNSTON

[L.S.]

Canada

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO ALL TO WHOM these Presents shall come or whom the same may in any way concern,

Greeting:

WILLIAM PENTNEY
Deputy Attorney General

A PROCLAMATION

Whereas section 23 of the Navigable Waters Protection Act provides that when it is shown to the satisfaction of the Governor in Council that the public interest would not be injuriously affected thereby, the Governor in Council may, by proclamation, declare any rivers, streams or waters in respect of which section 22 of that Act applies, or any parts thereof, exempt in whole or in part from the operation of that section;

Whereas the Governor in Council is satisfied that the public interest would not be injuriously affected by exempting the Mink Arm portion of South McMahon Lake, located in Saskatchewan, from the operation of section 22 of the Navigable Waters Protection Act;

And whereas, by Order in Council P.C. 2013-614 of May 30, 2013, the Governor in Council directed that a proclamation do issue declaring that the Mink Arm portion of South McMahon Lake, located in Saskatchewan, be exempt from the operation of section 22 of the Navigable Waters Protection Act;

Now know you that We, by and with the advice of Our Privy Council for Canada, do by this Our proclamation direct that the Mink Arm portion of South McMahon Lake, located in Saskatchewan, be exempt from the operation of section 22 of the Navigable Waters Protection Act.

Of all which Our Loving Subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly.

In testimony whereof, We have caused this Our proclamation to be published and the Great Seal of Canada to be hereunto affixed. WITNESS: Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this seventeenth day of June in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign.

By Command,
JOHN KNUBLEY
Deputy Registrar General of Canada

GOD SAVE THE QUEEN

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Proclamation.)

Background

The Navigable Waters Protection Act (NWPA) protects the public right of navigation. It ensures that works constructed in navigable waterways are reviewed and regulated to minimize the overall impact on navigation.

The NWPA also prohibits the dumping of materials into any navigable waterway, unless it is shown to the satisfaction of the Governor in Council that the public interest would not be injuriously affected by that activity.

Since 1968, mining-related activities have been on-going at the current site of the Midwest Uranium Mining and Milling Project (Midwest Project), which is located near the eastern margin of the Athabasca Basin in northern Saskatchewan, approximately 700 km north of Saskatoon and 350 km north of the town of La Ronge. Project proposals have been reviewed and consulted on in the local communities by various proponents, joint panels and government agencies over the years.

In 1968, in order to facilitate the safe development of a test mine, a portion of the Mink Arm of South McMahon Lake had to be dewatered. In order to accomplish this, a dam was constructed at the time.

AREVA Resources Canada Inc. (AREVA) is now the majority owner, operator and proponent for the Midwest Project. The Midwest Project involves the development of a new uranium mine at its Midwest site and the transport of the mined ore for milling at their McClean Lake operation in northern Saskatchewan. Specifically, the development proposal consists of the mining and milling of a uranium deposit, including mining uranium ore at the Midwest development by open pit mining methods, which involves utilizing the existing Mink Arm dam, with some modifications and the dewatering of 52 hectares of the Mink Arm of South McMahon Lake; hauling ore along a road linking the Midwest development with the existing McClean Lake Operation; and milling uranium ore. The Midwest ore body lies approximately 200 m below the Mink Arm of South McMahon Lake.

The scope of the Midwest Project includes the physical works and activities associated with the construction, operation and decommissioning of the following project components:

Issue

Section 22 of the NWPA prohibits the dumping of materials into any navigable waterway unless it is shown to the satisfaction of the Governor in Council that the public interest would not be injuriously affected by that activity, which is subsequently authorized by proclamation.

In this instance, a proclamation is required in order to proceed with certain aspects of the Midwest Project at this time. The proclamation will declare the Mink Arm portion of South McMahon Lake exempt from the application of section 22 of the NWPA. This will allow for the deposit of waste mining material in the Mink Arm portion of South McMahon Lake and for the dewatering of Mink Arm, including the installation of a dewatering well ring around the proposed open mining pit by AREVA.

Objectives

The purpose of this proposal is to have the waters of the Mink Arm portion of South McMahon Lake declared, by proclamation, exempt from the application of section 22 of the NWPA. Once a proclamation is issued, AREVA will be authorized to proceed with certain aspects of the Midwest Project. Specifically, this will include the deposit of waste mining materials and the subsequent dewatering of the Mink Arm portion of South McMahon Lake.

The purpose of the Midwest Project is to mine the Midwest ore body and to produce a uranium concentrate, which is commonly referred to as yellowcake. The Midwest Project is needed to add to the ore reserves available for processing at the McClean Lake Operation and thereby add to the positive economic, employment and business opportunities related to uranium developments in northern Saskatchewan. From a broad perspective, world uranium production currently falls far short of projected future demands. Uranium from the Midwest Project will help meet the future needs for nuclear power and assist in reducing greenhouse gas emissions on a global scale.

As well, this mining project will have significant positive economic impacts for local residents and for all Canadians and will generate jobs and long-term benefits for the entire region.

Description

In accordance with section 23 of the NWPA, this proposal will declare the Mink Arm portion of South McMahon Lake exempt from the application of section 22 of the NWPA.

Specifically, an order-in-council, pursuant to section 23 of the NWPA, directed that a proclamation be issued declaring that the waters of the Mink Arm portion of South McMahon Lake, located in Saskatchewan, be exempted from the operation of section 22 of the NWPA with respect to the depositing of materials by AREVA.

Benefits and costs

As previously indicated, AREVA is the majority owner and operator of the Midwest Project. AREVA is also the majority owner and operator of the McClean Lake Operation, a uranium mine and mill facility located approximately 17 km east of the Midwest Project. Both the Midwest Project and the McClean Lake Operation lie within the eastern margin of a region in northern Saskatchewan known as the Athabasca Basin.

AREVA is planning on extending mining activities at the McClean Lake Operation to include the Midwest Project. Due to the proximity of the Mink Arm portion of South McMahon Lake to the extended mining activities and related operations, for safety reasons the installation of a dewatering well ring around the proposed open pit will be undertaken to lower the water level and maintain a safe, dry site. As well, mining activities will also include the deposit of materials and subsequent dewatering of the Mink Arm portion of South McMahon Lake.

The scope of the Midwest Project includes the physical works and activities associated with the construction, operation and decommissioning of the identified project components.

AREVA was informed that the Midwest Project would require an environmental assessment under both the Environmental Assessment Act of Saskatchewan and the Canadian Environmental Assessment Act (CEAA). As a result, AREVA conducted a full environmental assessment in accordance with the previous CEAA and prepared an Environmental Impact Statement for technical and public review.

The assessment of significance of effects of the Midwest Project, in conjunction with the cumulative assessment, determined that the effects of the Midwest Project were not significant. Furthermore, these individual determinations, when considered together, support the conclusion that, taking into account the implementation of any available mitigation measures, the Midwest Project is not likely to cause significant adverse environmental effects.

As previously indicated, activity has been ongoing at the Midwest site since 1968. A “surface lease” has been in place since 1987, and a locked gate intended to restrict access to the Midwest site has been in place for over 20 years. Parties interested in accessing the Midwest site for any purpose must contact personnel at AREVA’s McClean Lake Operation for access. No records or evidence indicate there to be any concerns regarding the loss of navigability on the Mink Arm portion of South McMahon Lake. As well, AREVA has no records of requests to access the site for the purposes of navigation (either commercial or recreational). As a result, no social impacts have been identified.

Previous activities such as the construction of the dam, dewatering, test mining, and natural re-flooding have had minimal influence or effects on Mink Arm. The proposed dewatering takes into consideration experience gained from previous dewatering activities.

Prior to commencement of dewatering activities, a fish removal and/or transfer program will be undertaken to capture and transfer fish from Mink Arm to South McMahon Lake. In order for the Department of Fisheries and Oceans to fulfill its obligations and make a significance determination on the Midwest Project Environmental Impact Statement, a Fish Habitat Compensation Plan has been developed for the 52 hectares of habitat to be lost with the dewatering of the Mink Arm portion of South McMahon Lake proposed to be dewatered.

With respect to potentially adverse impacts associated with this proposal, the operational focus is minimizing waste production, and having in place appropriate waste management facilities and systems, and effective mitigation measures, if and as may be determined to be required.

Further to the detailed review and analysis of the project undertaken by Transport Canada (TC), TC determined that filling in the Mink Arm portion of South McMahon Lake would be acceptable given the low potential of using these waters for navigation.

As is the case with the McClean Lake Operation, the Midwest Project will have significant positive economic impacts for local residents and for all Canadians, and will generate jobs and long-term benefits for the entire region. Local and regional labour, both Aboriginal and non-Aboriginal, will have the chance to contribute to the Midwest Project. As part of the Environmental Impact Statement process undertaken in accordance with the previous CEAA, commitments to using local, regional and Saskatchewan suppliers, to hiring northern contractors, and to creating opportunities for northern businesses have been made, thus ensuring further economic benefits for local residents.

Consultation

Over the years, proponents have met with various northern communities to provide information on the Midwest Project, including community leaders of Wollaston Lake, Black Lake, Stony Rapids, Fond-du-Lac, Uranium City and Camsell Portage. On-going contact was made with these communities by AREVA, which continued during the delivery of the Environmental Impact Statement developed in accordance with the previous CEAA and following completion of activities, including tours of the site during test mining.

To date, there are no previous records, nor does AREVA have any records or evidence to indicate that there are, or will be, any concerns regarding the loss of navigability of the Mink Arm portion of South McMahon Lake.

Overall, there has been little feedback or discussion related to the proposal to declare the waters of the Mink Arm portion of South McMahon Lake, located in Saskatchewan, exempt from the operation of section 22 of the NWPA with respect to the depositing of materials by AREVA and the subsequent dewatering of the Mink Arm portion of South McMahon Lake.

The notice of the proposed Order-in-Council and Proclamation was published in the Canada Gazette, Part I, on December 22, 2012, followed by a 30-day public comment period. No comments were received.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal.

Small business lens

The small business lens does not apply to this proposal.

Rationale

As a result of a detailed review and analysis of this proposal, TC is of the view that the public interest will not be injuriously affected by the deposit of materials into the Mink Arm portion of South McMahon Lake.

Transport Canada has determined that the filling in and subsequent dewatering of the Mink Arm portion of South McMahon Lake would be acceptable given the low potential of using these waters for navigation.

The assessment of significance of effects of the Midwest Project, in conjunction with the cumulative assessment, determined that the effects of the Midwest Project were not significant.

As previously indicated, there are no records or evidence to indicate that there are, or will be, any concerns regarding the lost of navigability of the Mink Arm portion of South McMahon Lake. Overall, there has been little feedback or discussion related to this proposal.

The potential impacts on navigation of depositing waste mining material in the Mink Arm portion of South McMahon Lake, including the dewatering of Mink Arm, were evaluated pursuant to the NWPA during the analysis and consultation phases of the Midwest Project as a whole. As previously indicated, it was determined that the potential of using the water body for navigation is low.

Implementation, enforcement and service standards

The Proclamation declared the waters of the Mink Arm portion of South McMahon Lake exempt from the operation of section 22 of the NWPA and therefore, it removed the right to public navigation. In this instance, there will be no additional regulatory requirements under the NWPA and no future regulatory requirements for these waters under the Navigable Waters Protection Program and the NWPA.

Contact

Tia M. McEwan
Manager
Regulatory Affairs (AMSXR)
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-5352
Fax: 613-991-5670
Email: tia.mcewan@tc.gc.ca