Issue and objectives

Sandy Pond is a small body of water located approximately 5 km from the community of Long Harbour-Mount Arlington Heights. Sandy Pond is not part of any water supply and is at the top of a watershed.

This proclamation would enable the development of a residue storage facility for the proposed Vale Inco Hydromet facility at Long Harbour. The residue storage facility will be designed to accept approximately 381 000 tonnes per year of residue.

This proposal would proceed with a section 23 order in council (OIC) under the Navigable Waters Protection Act (NWPA). The NWPA section 23 OIC would permit the deposition of residue into Sandy Pond by exempting it from section 22 of the NWPA. Section 22 prohibits the dumping of material into a navigable waterway.

The objective is to protect the environment and the public from residue that has the potential to acidify if not disposed under water. The OIC would result in the loss of the public right to navigate on Sandy Pond.

Description and rationale

The Government proposes to proceed with a section 23 OIC under the NWPA. The NWPA section 23 OIC would permit the deposition of residue into Sandy Pond.

The objective is to protect the environment and the public from residue that has the potential to acidify if not disposed under water. The OIC would result in the loss of the public’s right to navigate on Sandy Pond, but the waste by-product would remain stable.

The residue is a waste by-product produced from the proposed nickel-processing facility to be constructed in Long Harbour, Newfoundland and Labrador. The proposed residue deposition would interfere with the public’s right to navigate on Sandy Pond in its entirety. Sub-aqueous deposition of the residue into Sandy Pond will inhibit the acidification of the elemental sulphur contained in the residue and therefore limit the production of a hazardous substance. Dams will be constructed along the shoreline of Sandy Pond to ensure that the residue remains under 1 m of water.

Access to Sandy Pond for public navigation is presently difficult due to current geographical limitations. Research into the history of Sandy Pond conducted by Transport Canada determined that boating has been very limited due to Sandy Pond’s location and current restricted accessibility.

This project does not require any extra infusion of funds into the normal operation of the Navigable Waters Protection Program (NWPP) of Transport Canada. There is no requirement for enforcement, compliance, or follow-up monitoring on this specific project, hence no expenditures or resources allocation are required.

The construction phase for the Hydromet Plant and/or Matte Plant will require approximately 5 750 and 4 950 person-years of employment respectively. Operations of the Hydromet and/or Matte Plant will require 450 and 400 employees respectively. The entire development proposal is estimated to be valued at US$2.2 billion.

Consultation

Several consultations on this OIC were held by Transport Canada, including public presentations on June 10, 2008, at Long Harbour, Placentia Bay, and on June 12, 2008, in Gatineau, Quebec. Members of the public and local environmental groups have expressed concern with the disposal of residue into a natural fish-bearing pond and have suggested that the proponent construct a man-made storage facility. The proponent has determined that construction of a man-made facility is not economically feasible for this development proposal. However, during both consultation periods, no public concern was expressed on the OIC removing the public right to navigate on Sandy Pond. The issues pertaining to the environment and the protection of fish habitat are being addressed by the Department of Fisheries and Oceans and the Department of Environment, under proposed amendments to the Metal Mining Effluent Regulations.

Aboriginal consultation was not deemed necessary during the environmental assessment process for the Long Harbour development proposal, because there are no known Aboriginal interests in the surrounding project area. In addition, no aboriginal groups have to date indicated an interest in Sandy Pond.

Implementation, enforcement and service standards

If the OIC is proclaimed, Sandy Pond, as per subsection 23 of the NWPA, will be legislated as “removing the right to public navigation.” In this situation, there are no additional regulatory requirements under the NWPA, hence, no future requirement for Sandy Pond under the NWPP.

Ann Gillen
Navigable Water Protection Officer
Navigable Waters Protection Program
Transport Canada, Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-0657
Fax: 613-993-8196
Email: ann.gillen@tc.gc.ca

Notice is hereby given that the Governor in Council, pursuant to section 23 of the Navigable Waters Protection Act (“Act”), proposes to direct that a proclamation be issued declaring that the waters of Sandy Pond be exempt from the operation of section 22 of the Act with respect to the depositing of residue by Vale Inco Newfoundland & Labrador Limited.

Interested persons may make representations concerning the proposed proclamation within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Ann Gillen, Navigable Waters Protection Officer, Navigable Waters Protection Program, Transport Canada Marine Safety, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-998-0657; fax.: 613-993-8196; email: ann.gillen@tc.gc.ca).

Ottawa, February 12, 2009

MARY PICHETTE
Assistant Clerk of the Privy Council

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