Terms of Reference

Science Review of Additional Supporting and Supplementary Materials for the Final Environmental Impact Statement (FEIS) Addendum for the Baffinland Mary River Project Phase 2

Regional Science Response Process – Central and Arctic Region

July 16, 2019
Winnipeg, MB

Chairperson: Lianne Postma

Context

The Baffinland Mary River Project is an operating iron ore mine located on North Baffin Island within the Qikiqtani Region of Nunavut. The mine site is connected to the Milne Inlet Port via the Milne Inlet Tote Road, and ore is transported to Europe via the Northern Shipping Route through Eclipse Sound, Pond Inlet and Baffin Bay. The Nunavut Impact Review Board (NIRB) issued a Project Certificate to the Proponent Baffinland Iron Mines Corporation (BIM) in December 2012, enabling the Mary River Project Northern and Southern routes to proceed to the regulatory phase.

DFO Science conducted technical reviews of the marine components of both the Draft Environmental Impact Statement (DFO 2012a), and the Final Environmental Impact Statement (FEIS) (DFO 2012b) for the Project (Northern and Southern routes). A review of the Early Revenue Phase (3.5 million tonnes per annum [Mtpa]) was also conducted by Science (DFO 2013), which only assessed the Northern Transportation Route (i.e., Milne Port). Since then, BIM has successfully submitted for two Project amendments to increase the volume of ore shipments (4.2 Mtpa, 6 Mtpa) at Milne Port.

On October 5, 2018, BIM submitted an FEIS Addendum for Phase 2 of the project to the NIRB which includes the construction and operation of a Second Ore Dock, construction of a North Railway and increased shipping activities through Milne Inlet to accommodate the planned production increase up to 12 Mt/a. This increase also requires ice breaking in the spring and fall to extend the existing shipping season. On October 12, 2018, BIM received its positive conformity decision from the NIRB initiating the NIRB’s technical review process. DFO Science was asked by the Fisheries Protection Program to review and provide advice on the Phase 2 Addendum (DFO 2019).

Between April 8–10, 2019, the NIRB held the first Technical Review meeting with interveners to highlight concerns and information gaps contained within the FEIS impact assessment and/or resolve identified technical issues where the methodology, analysis or conclusions presented by the Proponent are not supported by reviewer. The outcome of Technical Review meeting was a series of commitments from BIM to provide additional supporting materials to address and resolve outstanding issues. As part of the technical review stage, DFO Fish and Fish Habitat Protection Program (FFHPP; formally Fisheries Protection Program) has requested that DFO Science review and provide advice on the FEIS Phase 2 Addendum and the additional supporting and supplementary materials, with an emphasis on the assessment of impacts to marine mammals and the marine environment.

Objective

The objective of this review is to assess whether the new supporting and supplementary materials provided up to June 17, for the Phase 2 Addendum to the FEIS provides sufficient evidence to support the Proponent’s conclusions regarding potential ecosystem impacts of the expanded Mary River Project on marine aquatic species and habitats (particularly as it relates to marine mammals and shipping). More specifically, the objectives are to:

assess the quality and adequacy of information presented, and determine if any relevant information is missing and if there are gaps in the analyses;
determine if appropriate methods were used to develop BIM’s conclusions, and if the information presented supports those conclusions;
determine the appropriateness and adequacy of the proposed mitigation and monitoring measures;
if necessary, recommend additional or alternative mitigation and monitoring measures to reduce or avoid impacts to fish and fish habitat, including marine mammals, and;
if necessary, recommend additional information, studies, data collection, etc. that is required for DFO to complete its assessment.