Participant Funding Program – Aboriginal Funding Envelope
Funding Review Committee's Report

Allocation of Federal Funds for the Environmental Assessment of the Proposed Josephine Cone Mine Project

The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act (the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels. The PFP also includes an Aboriginal Funding Envelope (AFE) to strengthen the ability of Aboriginal groups to participate in federal or joint federal-provincial environmental assessment (EA) processes and in related consultation activities.

A Funding Review Committee (FRC) independent of the environmental assessment (EA) was established for the proposed Josephine Cone Mine Project (the Project). The EA of the Project is being conducted by means of a comprehensive study (CS). The FRC's purpose was to assess funding applications received under the PFP – AFE for the proposed project, and to provide recommendations to the President of the Canadian Environmental Assessment Agency (the Agency) on whether funding should be provided, and if so, in what amount.

Under the AFE for this project, a total of $292,000 was made available to support Aboriginal participation in the EA, and related consultation and community engagement activities, linked to the:

• review and comment on the Environmental Impact Statement (EIS) Guidelines;
• review and comment on the EIS Summary or the EIS; and
• review and comment on the Comprehensive Study Report (CSR).

The deadline to submit an application was March 23, 2012. Ten applications were received requesting a total of $209,500.

On April 4, 2012, the FRC met to review the applications. The FRC members were: Mr. Bruce Young, retired Director with the Agency, acting as Committee Chairperson, Mr. Guy Riverin, retired Environmental Assessment Specialist, Canadian Nuclear Safety Commission and Ms. Patricia Larkin, Environmental Health Specialist.

Background

Bending Lake Iron Group Limited, the proponent, is proposing to construct, operate and decommission an iron ore mine located approximately 49 kilometres southwest of Ignace, Ontario. The project will process approximately 56 000 tonnes of iron ore per day from one open pit and move approximately 43 000 tonnes of waste rock per day on an average day for the entire mine life. Based upon an expected total resource in excess of 500 million tonnes, the mine is projected to have a life span greater than 25 years.

Eligibility

Under the PFP – AFE, funding may be provided to Aboriginal applicants to support their input to an EA and/or to support their engagement in consultation activities with the federal government. These activities must be linked to the EA of a proposed project through a CS, mediation or review panel.

Eligible recipients must plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project and be able to demonstrate that they meet at least one of the following eligibility criteria:

• Have a direct, local interest in the Project, such as living or owning property in the project area;
• Have community knowledge or Aboriginal traditional knowledge relevant to the EA; or
• Have expert information relevant to the anticipated environmental effects of the Project.

All of the applicants were deemed to have met the eligibility criteria.

Under the PFP – AFE, applicants can request funding for costs related to:

• professional fees;
• staff salaries and benefits;
• travel expenses;
• honoraria for Elders and Chiefs to attend meetings and functions;
• ceremonial offerings related to receiving traditional knowledge in relation to the EA;
• administrative and reporting costs;
• local collection and/or distribution of information;
• office supplies and telephone charges;
• rental of office space and meeting rooms;
• legal fees;
• general media advertising and/or promotion;
• purchase of information material, with supporting documentation; and
• other detailed expenses.

Rationale for Allocation

In reviewing the ten applications and in reaching its conclusions and recommendations, the FRC took into consideration a number of factors, including the following:

• Whether Aboriginal groups could demonstrate that they plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project.
• The ability of the Aboriginal groups to demonstrate that they had met one or more of the eligibility criteria listed above.
• The quality, clarity and content of the application, particularly with respect to the relationship between specific project components and the applicant's traditional lands and resources, and the applicant's proposed EA participation work plan.
• Advice received from the Agency regarding which Aboriginal groups are expected to be participants in the EA, and the role that these groups may play in the review.
• The ability of the applicant to represent the interests of Aboriginal communities that might be impacted by the Project.
• Project impacts on traditional lands and resources, and on the related interests and asserted rights and title of the Aboriginal groups represented by the applicant.
• The eligible activities under the PFP – AFE for the Project, which include reviewing and commenting on the EIS Guidelines, the EIS Summary or the EIS and the CSR.
• The extent to which the proposed activities meet the requirements of the PFP – AFE.
• The maximum funding available to the applicants.

Recommendation

The FRC recommends allocating $198,775 of the available AFE funding to support the ten applicants as follows:

• $19,650 to Lac des Mille Lacs First Nation
• $15,100 to Couchiching First Nation
• $13,150 to Mitaanjigamiing First Nation
• $26,950 to Eagle Lake First Nation
• $24,900 to Lac La Croix First Nation
• $15,900 to Naicatchewenin First Nation
• $25,750 to Métis Nation of Ontario Secretariat, on behalf of the Atikokan and Area Métis Council and the Northwest Métis Nation of Ontario Council
• $26,950 to Wabigoon Lake Ojibway Nation
• $15,900 to Seine River First Nation
• $14,525 to Nigigoonsiminikaaning First Nation

The FRC further recommends that any funding allocation be conditional on the applicants' providing written comments to the Agency on the EIS Guidelines, the EIS Summary or the EIS, and the CSR.

Recommended Participant Funding Allocations
Josephine Cone Mine Project
Aboriginal Funding Envelope

Applicant	Total Allocation Amount Recommended
Lac des Mille Lacs First Nation	$19,650
Couchiching First Nation	$15,100
Mitaanjigamiing First Nation	$13,150
Eagle Lake First Nation	$26,950
Lac La Croix First Nation	$24,900
Naicatchewenin First Nation	$15,900
Métis Nation of Ontario Secretariat, on behalf of the Atikokan and Area Métis Council and the Northwest Métis Nation of Ontario Council	$25,750
Wabigoon Lake Ojibway Nation	$26,950
Seine River First Nation	$15,900
Nigigoonsiminikaaning First Nation	$14,525
Total	$198,775

The Funding Review Committee
Josephine Cone Mine Project
Aboriginal Funding Envelope

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Bruce Young, Committee Chairperson, retired Director with the Agency

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Guy Riverin, retired Environmental Assessment Specialist, Canadian Nuclear Safety Commission

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Patricia Larkin, Environmental Health Specialist