Terms of Reference

Science Review of Additional Documents Submitted October 8, 2019 – January 8, 2020 for the Final Environmental Impact Statement (FEIS) Addendum for the Baffinland Mary River Project Phase 2

Regional Science Response Process – Central and Arctic Region

February 4, 2020
Winnipeg, MB

Chairperson: Joclyn Paulic

Context

The Baffinland (BIM) Mary River Project is an operating open pit iron ore mine located on North Baffin Island in Nunavut. The mine site is connected to 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 Southern Transportation Corridor via Steensby Port has not been constructed to date (see Baffinland 2018, DFO 2019a).

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 DFO 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.

In December 2018 the Phase 2 Addendum was submitted to the Nunavut Impact Review Board (NIRB), which describes the activities associated with the second phase of the Project (an increase to a total of 12 Mtpa road/rail haulage and marine shipping through Milne Port) and provides an updated Effects Assessment. Throughout the technical review stage of the Phase 2 project, Fisheries and Oceans Canada’s (DFO) Fish and Fish Habitat Protection Program (FFHPP; formerly Fisheries Protection Program) requested that DFO Science review and provide advice on the additional materials submitted by BIM to support BIM’s conclusions in the Phase 2 Addendum to the Final Environmental Impact Statement (FEIS). The results of these reviews were presented to the NIRB during the first (April 2019) and second (June 2019) technical review meetings as well as in preparation for the November 2019 final hearings (DFO 2019a,b,c).

Leading up to and after the final November 2019 hearings, BIM submitted additional supporting documents for the FEIS. As part of the technical review process, DFO FFHPP has requested that DFO Science review and provide advice on the FEIS Phase 2 Addendum additional supporting materials submitted to DFO Science between October 8, 2019 to January 8, 2020, with an emphasis on the assessment of impacts to marine mammals and the marine environment.

Objectives

The objective of this review is to assess whether the new supporting and supplementary materials provided between October 8, 2019 and January 8, 2020 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.