President's Response

Physical Activities

Coalspur Mines (Operations) Ltd. is proposing to expand the existing Vista Coal Mine Phase I Project, a surface thermal coal mine located about 10 kilometres east of Hinton, Alberta. As proposed, the Vista Coal Mine Phase II Expansion Project (the Project) would expand the Phase I mine pits westward, with an area of about 630 hectares, and will use existing Phase I mine infrastructure like conveyor belts, raw and clean coal storage areas, coal preparation facilities, roads, refuse storage areas, and rail loadout. No new equipment or infrastructure for mining or processing coal will be required. The project would include open surface coal mining, highwall mining, and a freshwater pipeline. The mine is expected to operate for eleven years.

Delegation of Powers to the Impact Assessment Agency of Canada

Under subsection 154(1) of the Impact Assessment Act (the IAA) as amended, 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 (IAAC) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. The Minister has delegated the powers under section 9 of the IAA to the President of IAAC.

Decision

I, Terence Hubbard, President of IAAC, have decided not to designate the Project pursuant to section 9 of the IAA.

Information Considered

In forming my response, I took into account the analysis prepared by IAAC in its Analysis Report.

Reasons

In making my decision to not designate the Project, I considered whether the carrying out of the Project may cause adverse effects within federal jurisdiction, direct or incidental adverse effects and concluded that the Project may cause these potential adverse effects. I also considered public concerns related to these effects; adverse impacts on the Aboriginal and treaty rights of Indigenous Peoples of Canada; and whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction and the direct or incidental adverse effects.

I decided not to designate the Project for the following reasons:

• the Proponent has been actively consulting with numerous Indigenous groups, working to address potential impacts of the Project, and is committed to: meeting with Indigenous groups who reside near, use, or have a specific interest in the Project area; having ongoing dialogue with Indigenous groups directly affected by the Project; addressing concerns where possible; and providing ongoing engagement for the life of the Project; and
• the Project must be carried out in compliance with applicable federal and provincial legislative mechanisms. The requirements under the following legislative mechanisms, and related consultations with potentially impacted Indigenous Peoples, provide a framework to address the aforementioned potential adverse effects and impacts that the Project may cause, and concerns raised by Indigenous Peoples and members of the public. These mechanisms include:
  • provincial legislation, including Environmental Protection and Enhancement Act, Coal Conservation Act, Water Act, Public Lands Act, and Historical Resources Act;
  • federal legislation, including Fisheries Act, Species at Risk Act, Migratory Birds Convention Act, 1994, Canadian Environmental Protection Act, 1999, Canadian Navigable Waters Act, and Explosives Act.