President's Response

McIlvenna Bay Mine Project

Physical Activities

McIlvenna Bay Operating Ltd., a subsidiary of Foran Mining Corporation, is proposing the construction, operation, decommissioning and abandonment of a base and precious metals underground mine and surface mineral processing facility located 65 kilometres southwest of Creighton, Saskatchewan. As proposed, the project would produce copper and zinc ore concentrates containing gold and silver up to a total production rate of 4,200 tonnes per day. Concentrate products from the processing plant are proposed to be transported by truck to a third-party rail loading facility to be distributed for smelting. The lifespan of the project is expected to be up to 40 years.

Delegation of Powers to the Agency

Under subsection 154(1) of the Impact Assessment Act (IAA), the Minister of Environment and Climate Change (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to the Impact Assessment Agency of Canada (the Agency) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. On June 15, 2023, the Minister delegated the authority to respond to requests for designation, for which limitations on designation described under subsection 9(7) of the IAA apply, to the President or Vice-President of Operations of the Agency.

Decision

Non-designated physical activities

Reasons

Pursuant to subsection 9(7) of the IAA, the Minister must not exercise their power to designate a physical activity that is not prescribed in the Physical Activities Regulations if a) the carrying out of the physical activity has substantially begun; or b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than the IAA that could permit the physical activity to be carried out, in whole or in part. Therefore, the Minister cannot designate the project for the following reason:

• On March 17, 2023, Transport Canada issued an approval under the Canadian Navigable Waters Act for an outfall structure that, according to the Project's Environmental Impact Statement issued to the Saskatchewan Ministry of Environment as part of Saskatchewan's The Environmental Assessment Act process, is an element of the Project and therefore, could permit the physical activities to be carried out in whole or in part.