Notice of Determination:

April 7, 2026 - The Federal Authorities have issued their Notice of Determination after evaluation of the project, Cape Breton Operations (PSPC-CBO) Mine Water Retention Pond and have determined that the project is not likely to cause significant adverse environmental effects and can therefore proceed.

This determination was based on a consideration of the following factors:

• Impacts on rights of Indigenous peoples;
• Community and Indigenous knowledge;
• Comments received from the public; and
• Technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination include:

• Avoid vegetation clearing and ground disturbance within coastal cliff areas during the Bank Swallow breeding period.
• Vegetation clearing or maintenance activities are scheduled to avoid the migratory bird breeding season where feasible.
• Where work must occur between April 15 and August 31, nesting bird surveys are conducted in advance. If active nests are identified, work is suspended and species-appropriate buffers are established to prevent nest disturbance, ensuring compliance with the Migratory Birds Convention Act, s.6 and ECCC guidance.
•  Project activities are planned and timed to avoid harm to individuals or destruction of residences, in compliance with Species at Risk Act ss. 32–33 (prohibition on harm to individuals and destruction of residences). Natural erosion processes are maintained, and shoreline stabilization is prohibited in accordance with ECCC Bank Swallow recovery strategies and critical habitat guidance.
• Vegetation management practices are timed to avoid the active insect season, with mowing restricted to periods outside peak foraging and breeding windows.
• Habitat features such as coarse woody debris, stumps, and organic litter are retained to support nesting and overwintering life stages, consistent with the Species at Risk Act and the Nova Scotia Endangered Species Act.
• Mine water treatment systems are operated to ensure treated effluent meets established water quality objectives prior to discharge.
• Constructed wetlands, settling ponds, and sediment controls are maintained to prevent the release of deleterious substances, in compliance with the Fisheries Act, s.34.4 and Fisheries and Oceans Canada guidance.
• Access to sensitive habitats is managed through existing site controls, including fencing and signage.
• Dogs are required to be kept on leash in naturalized areas to reduce disturbance to wildlife. These measures are implemented through routine operational procedures and do not require additional regulatory approvals.