Appendix B
Participant Funding Program
Aboriginal Funding Envelope
Participant Funding Review Committee's Report

Allocation Of Funds For Participation In The Joint Review Panel Process For The Matoush, Quebec,
Uranium Exploration Project

The Participant Funding Program (PFP) was established pursuant to the legislative provision contained in 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 environmental assessment (EA) processes and in related consultation activities.

A funding review committee (FRC), independent from the environmental assessment (EA) process, has been established to review the funding applications submitted under the Aboriginal Funding Envelope (AFE) and to recommend allocation of funds to applicants. A total of $50,000 has been made available through the AFE to enable applicants to participate in the environmental assessment process for the Matoush exploration Project (the Project).

On January 25, 2010, the FRC met to review three applications totalling $166,921.80 submitted under the PFP-AFE. The FRC members were François Boulanger, Regional Director, Quebec Regional Office, Canadian Environmental Assessment Agency (the Agency), who chaired the FRC; Paul Charest; and Guy Demers.

Background

On July 18, 2008, the Canadian Nuclear Safety Commission (CNSC) received a project proposal from Strateco Resources Inc. (the proponent) to develop an underground uranium exploration ramp in order to conduct an advanced exploration phase of a uranium ore body on its Matoush claim. The Matoush Project is located 260 km northeast of Chibougamau in the Province of Quebec, and therefore within the James Bay and Northern Quebec Agreement (JBNQA) territory.

This project triggers the application of the Canadian Environmental Assessment Act, but as a result of the Vanadium Decision, its environmental assessment process, which would have been a comprehensive study, is replaced by the federal process set out in Chapter 22 of the JBNQA substitutes. However, the project remains eligible for the Participant Funding Program.

The infrastructures associated with the Matoush Project (access route, landing strip) will result in a new access to the James Bay Territory, from Chibougamau to the Otish Mountains area. Opening up the territory, with the related social impacts, could be a source of concern in the Cree communities.

Pre-consultation sessions were organized by the proponent at Mistissini in December 2008. Several concerns were raised by the participants, including:

1. health and safety (effects of radiation, health of workers, fishers and hunters);
2. environmental management (emergency procedures);
3. socio-economic issues (compensation for users of the territory, contracts and training, etc.); and
4. survival and movements of terrestrial and avian fauna and their impact on hunting activities.

In view of the previous public consultations conducted by the Federal Environmental and Social Impact Review Panel (COFEX-South) on the JBNQA territory, the communities will probably wish to conduct studies and analyses to gain a better understanding of the issues associated with the project, as well as the risks to their health and environment.

The Grand Council of the Crees has made a request to the CNSC and COFEX-South for information about the Project, its environmental and social impacts and the review process, and the potential for participation in the review by the Aboriginal communities. This initiative confirms the Crees' interest in the Project and in participating in the EA process. An information session was held at Mistissini on September 18, 2009.

Given that the communities are located in a remote area, transportation may prove expensive, be it to participate in the public hearings or to conduct preparatory activities eligible for the Participant Funding Program (inter-council meetings, field studies, pre-consultations, etc.). At the same time, since the CNSC process is quasi-judicial, it is expected that the Crees will use the services of legal counsel to plan their participation in the consultation process that will be part of the hearings to be held by the CNSC.

The proponent's impact study was filed on November 12, 2009. Following that date, two public consultation sessions may be held early in 2010 on the JBNQA territory.

Eligibility

Under the PFP-AFE, funding may be provided for Aboriginal groups who plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project through a comprehensive study, mediation or review panel. The funds can be used to support their engagement in consultation activities and their input to the EA.

The applicants must demonstrate that they meet at least one of the following three eligibility criteria. They must:

• have a direct, local interest in the Project, such as a residence in the area or historical or cultural ties to the area likely to be affected by the Project;
• have community knowledge or Aboriginal traditional knowledge relevant to the EA; and/or
• have expert information relevant to the anticipated environmental effects of the Project.

Funding from other sources made available to or received by Aboriginal groups related to the review of the Project is examined and considered by the FRC, as are any partnerships between the applicants and other participants in the project assessment.

Rationale For Allocation

The FRC found that the applicants had a legitimate and important role to play in the EA.

The FRC noted that the three applicants plan to hire specialists to carry out similar tasks. The FRC found that there was a potential for duplication of activities under the three applications in the area of assessment of impacts on the environments of the Cree communities, especially trap line zones.

The FRC recognizes the importance of communication among the participants and recommends that they adopt a cooperative approach with a view to sharing information and expertise.

Recommendation

The FRC recommends an allocation of funds totalling $45,567 to the applicants to participate in conducting the environmental assessment of the Project.

It is recommended that the funds allocated to the applicants by the PFP be used to coordinate consultation activities in the Cree communities, conduct an analysis of and provide feedback on the impact study report, and present their arguments at the hearings to be held by the COFEX-South.

Funding Review Committee
Aboriginal Funding Envelope

Matoush, Quebec, Uranium Exploration Project

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François Boulanger, Committee Chairperson
Regional Director, Quebec Regional Office, Canadian Environmental Assessment Agency

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Paul Charest

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Guy Demers

Recommendation On Allocation Of Funds To Participants - Aboriginal Funding Envelope

Matoush, Quebec, Uranium Exploration Project