Indigenous Engagement and Partnership Plan
Troilus Mining Project
Draft Version

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Document Reference Number: 37

March 2023

Table of Contents

1. Introduction

On January 25, 2023, the Impact Assessment Agency of Canada (the Agency) determined that an impact assessment is required for the Troilus Mining Project ("the Project"), pursuant to Subsection 16(1) of Canada's Impact Assessment Act.

The Indigenous Engagement and Partnership Plan (IEPP) outlines opportunities and methods for meaningful engagement and consultation with potentially affected Indigenous communities throughout the impact assessment process for the Project. Meaningful consultations are to be conducted in the spirit of reconciliation, towards a renewed relationship, and in accordance with the Principles respecting the Government of Canada's relationship with Indigenous Peoples.

In order to complete the impact assessment process, the Agency and the Cree Nation Government signed in 2022, the Agreement Concerning the Troilus External Federal Assessment Process Under the James Bay and Northern Quebec Agreement and the Impact Assessment Act. The Agreement delegates to a Joint Assessment Committee (the Committee), comprised of representatives appointed by the Cree Nation Government and the Agency, the carrying out of the activities required under the Act. This IEPP is issued by the Agency, in collaboration with the Cree Nation Government. The IEPP is intended to be flexible and does not preclude the Committee from making changes to the approaches described in this IEPP in order to accommodate changes that may occur during the assessment process.

Throughout this IEPP, the terms "Indigenous community" or "Indigenous communities" refer to Indigenous peoples connected by Nation, Band, geographical location, community roles and other shared values and identities. Within the context of the impact assessment process, the Committee encourages the active participation of a community's diversity such as the Chief and Council, community leaders, as well as other members of the community, such as women, Elders, youth and knowledge holders.

Throughout this IEPP, "engagement" refers to the spectrum of engagement defined in the Policy Context for Indigenous Participation in Impact Assessment (Policy Context: Indigenous Participation in Impact Assessment - Canada.ca) and "consultation" refers to the Government of Canada's duty to consult, and, where appropriate, accommodate, on the potential adverse impacts of the Project on the exercise of Aboriginal and/or Treaty rights of the Indigenous peoples of Canada.

To complement this broader IEPP, interested Indigenous communities may develop community-specific consultation plans, in collaboration with the Committee, to describe the community's specific objectives for consultation, or any unique features of the impact assessment and consultation process pertaining to that community.

The Committee developed a separate Public Participation Plan to describe how the Committee plans to engage with the public during the impact assessment process.

2. Description of the Proposed Project

Troilus Gold Corp. (the Proponent) is proposing to develop the Troilus deposit, a gold project with an average production rate of 20 000-40 000 t/d (depending on the mining scenario chosen by the Proponent) and an average processing rate of 20 000-35 000 t/day. The proposed project, with a total mining area of 1,310 ha, consists of the re-opening of the 87 and J-4 pits (while extending beyond the footprint of these former pits) and the development of a new pit in the southwestern sector. The Project would also include the construction of a new mill complex with a footprint that would overlap the footprint of the old complex.

For more information on the Troilus Mining Project impact assessment or to read the information and comments received, visit the Canadian Impact Assessment Registry (the Registry website) at https://iaac-aeic.gc.ca/050/evaluations/proj/83658.

3. Objectives of Indigenous Engagement and Partnership

Joint Assessment Committee's objectives:

  • Conduct meaningful Crown consultation on the potential positive and adverse effects (direct, indirect, cumulative, residual and incidental) of the Project and adverse impacts of the Project on the exercise of Aboriginal and/or Treaty rights of the Indigenous peoples of Canada recognized and affirmed in section 35 of the Constitution Act, 1982 (Aboriginal or Treaty rights);
  • Meaningfully engage with Indigenous communities regarding Indigenous knowledge they may wish to apply when considering potential effects and impacts of the Project and impacts on the exercise of Aboriginal or Treaty rights by referring to the Indigenous Knowledge Framework and guidance documents;
  • Meaningfully engage with Indigenous communities throughout the impact assessment process with opportunities to provide comments on key documents and the engagement process;
  • Ensure engagement is consistent with the Government of Canada's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as a comprehensive international human rights instrument and Canada's roadmap for reconciliation. The Declaration also emphasizes the need to work together in partnership and respect, as articulated through the principle of free, prior and informed consent. This principle reflects working together in good faith on decisions that impact Indigenous peoples, with the intention to achieve consensus;
  • Encourage Indigenous communities to share Indigenous knowledge and expertise early in the impact assessment process to facilitate its integration into key documents such as the proponent's Impact Statement;
  • Include Indigenous knowledge, if provided, in the assessment of potential effects and impacts of the Project and impacts on the exercise of Aboriginal or Treaty rights, and explain how Indigenous knowledge was considered or used in the assessment;
  • Provide meaningful opportunities for collaboration with Indigenous communities' assessment of the impacts of the Project on the exercise of Aboriginal or Treaty rights. This may include, where appropriate, collaboration with Indigenous communities on community developed methodology or processes to assess the impact of the Project on Aboriginal or Treaty rights; and
  • Conduct meaningful consultation with Indigenous communities on measures to avoid, mitigate or minimize potential adverse impacts of the Project on Aboriginal or Treaty rights.

Objectives identified by Indigenous communities during the Planning Phase:

  • Consultation approach needs to be clear, timely and transparent, and adhered to;
  • Consultation needs to include efforts that actively uphold traditional land-use practices, values, and areas of interest throughout the federal assessment process;
  • Meaningful consultation needs to occur during the development of scoping elements of the impact assessment (valued ecosystem components, indicators, objectives, spatial and temporal study area boundaries) and all subsequent phases of the impact assessment; and
  • Meaningful consultation needs to include identification, assessment and determination of appropriate mitigation and monitoring measures for any adverse effects and enhancements for positive impacts of the Project, including those on health and socio-economic conditions.

4. Indigenous Communities

The Committee identified the following lists of communities that may be potentially impacted by the Project. This includes communities where the Project may adversely impact the exercise of Aboriginal or Treaty rights of Indigenous peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982 and also Indigenous peoples with asserted rights where an assessment of effects under section 22 of the IAA may be required. This list is based on information available in the Government of Canada's Aboriginal and Treaty Rights Information System, as well as information shared by Indigenous communities during initial meetings and throughout the Planning Phase.

Although the impact assessment process is not a rights-determination process, the Crown acknowledges that the content and extent of the duty to consult and, where appropriate, accommodate varies according to the nature of the rights (established or potential) and the severity of the Project's potential impact on these rights. The Committee's assessment of the extent of the duty to consult and, where appropriate, accommodate is at its preliminary phase. The Committee wishes to complete this exercise in collaboration with Indigenous communities during the Impact Statement Phase.

The Government of Canada is committed to renewing its relationship with Indigenous peoples, which is based on the recognition of rights, respect, cooperation and partnership. Through this IEPP, the Committee supports this commitment. In addition to the IEPP, the Committee plans to engage Indigenous organizations that have indicated an interest in the impact assessment process using the engagement tools and methods outlined in the Public Participation Plan.

4.1. Crown consultation list of Indigenous communities

The Crown will consult with Indigenous communities listedFootnote 1 below to understand the concerns and potential impacts of the Project on their exercise of potential or established Aboriginal or Treaty rights and, where appropriate, make accommodations. These consultations will comprise an integral part of the work that will support the assessment of the Project.

The Indigenous communities that make up the Crown Consultation list were informed of the Troilus Mining Project during the Planning Phase of the Project's Impact Assessment process.

Cree Nation of Mistissini

Cree Nation of Oujé-Bougoumou

Cree Nation Government

4.2. Crown list of additional Indigenous communities to be engaged

The Commitee will engage with Indigenous communities listedFootnote 2 below to understand the concerns and impacts where an assessment of effects under section 22 of the IAA may be required.

The Committee has not identified Indigenous communities at this time.

5. Engagement and Consultation Tools, and Methods

The following is a list of tools and methods identified by the Committee and Indigenous communities during the Planning Phase to ensure meaningful consultation in the impact assessment process:

  • Providing funding under the Participant Funding Program (https://www.canada.ca/en/impact-assessment-agency/services/public-participation/participant-funding-application-environmental-assessment.html) to support Indigenous communities in participating in the impact assessment process;
  • Providing clear and timely information on available funding, milestones in the impact assessment process timelines, and the workload expected of Indigenous communities to ensure meaningful participation and consultation;
  • Communicating with Indigenous communities in an ongoing, open, and transparent manner;
  • Considering cultural needs including seasonal issues (e.g., harvesting and hunting periods) and cultural protocols (e.g., offerings, such as tobacco) and spirituality (e.g., opening prayers);
  • Following community consultation policies or protocols in consultation activities, to the extent possible;
  • Establishing clear processes for identifying and designing accommodation measures, as applicable;
  • Holding technical meetings with Indigenous communities and the Proponent and/or expert authorities to support Indigenous communities' technical review of key documents and participation throughout the impact assessment process while considering timelines and capacity of Indigenous communities;
  • Offering to collaborate on the assessment of impacts on the exercise of rights;
  • Providing reasonable time for in-community visits, as appropriate;
  • Establishing requirements for diverse participation (e.g., accessibility of meeting locations, timing of meetings, transportation);
  • Providing individualized and/or group training on the impact assessment process and how to effectively participate in the process, including offering the Agency's Level 1 and Level 2 trainingFootnote 3;
  • Providing translators and/or interpreters to support consultations between Indigenous communities and the Crown; and
  • Providing summaries of key documents, fact sheets, infographics, PowerPoint tools, booklets, and audio-visual materials in plain language and in an accessible format.

In addition, the Committee will explore opportunities for:

  • Translating key high-level summary documents whenever reasonably possible;
  • Accommodating communication and consultation processes according to the communities' schedule, where possible; and
  • Workshop formats to discuss key documents through the impact assessment process, where appropriate.

The Committee will work bilaterally with individual Indigenous communities, on items not listed above, in the development of an Indigenous community-specific consultation work plan as appropriate.

6. Engagement and Consultation Approach

The table below provides a description of the main phases in the impact assessment process and an explanation as to how the Committee, on behalf of the federal Crown, proposes to engage and consult with Indigenous groups during each phase. This table describes objectives of each phase and engagement methods throughout the impact assessment process.

During the planning phase, and prior to the determination that an impact assessment was required, the Committee consulted with Indigenous communities on the Initial Project Description and prepared the Summary of Issues. Subsequently, the Committee provided the Summary of Issues to the Proponent for preparation of the Detailed Project Description, including a response to the Summary of Issues. The Committee included the key issues identified by Indigenous communities in the Summary of Issues, and directed the Proponent to refer back to the Indigenous community submissions to ensure they use the appropriate context and intent of the comments in their response. The Committee is now seeking input from indigenous communities for the development of the Tailored Impact Statement Guidelines (Guidelines) and the IEPP.

Specific Indigenous communities to whom the Agency owes a duty to consult and who wish to work with the Committee to identify consultation activities beyond those included within this IEPP are welcome to express their interest in an Indigenous community-specific consultation work plan during the Impact Statement Phase. The Committee will work with Indigenous communities to develop community-specific consultation work plans, as needed. Table 1 provides a high-level list of the proposed approaches and activities.

Table 6.1 – Table of Indigenous Engagement Approaches and Activities

Expected Committee activities

Expected Indigenous communities' participation/activities

Engagement and consultation method

Phase 1: Planning

Objectives:

  • Support understanding of the proposed Project
  • Provide Indigenous communities funding to support participation during the Planning Phase
  • Increase Indigenous communities awareness of the impact assessment process and meaningful participation
  • Obtain comments and feedback on documents related to the Planning Phase such as the Initial Project Description and to inform the development of Indigenous Engagement and Partnership Plan (IEPP) and Tailored Impact Statement Guidelines (Guidelines)
  • Share information on the impact assessment process and on opportunities for participation

Timeline: 180 days (excluding any timeline suspension)
  • From June 7 to June 9, 2022, Committee hosted virtual meetings to support Indigenous communities' understanding of Impact Assessment and sought key issues and concerns
  • From May 30, 2022 to June 24, 2022, Agency provided grant funding during the first comment period of the Planning Phase to support participation
  • Committee responded to any inquiries, sent letters / emails informing the Cree Nation of Mistissini of upcoming Project, and posted key documents on the Registry website
  • Committee provided online training on Impact Assessment process
  • The Proponent requested a timeline suspension which was in effect between July 25, 2022 and December 31, 2022.
  • In January 2023, the Committee included the Cree Nation of Oujé-Bougoumou as part of the Crown consultation list.
  • From March 6 to April 4, 2023, Agency made grant funding available for the second comment period of the Planning Phase
  • Committee offered to host meetings with Indigenous communities to support their understanding of Impact Assessment and seek their engagement in development of the draft Guidelines and IEPP
  • From May 30, 2022 to June 24, 2022, the Cree Nation of Mistissini participated in the first comment period on the Initial Project Description
  • The Cree Nation of Mistissini commented on the Initial Project Description
  • Indigenous communities applied for available grant funding to support participation during the Planning Phase
  • Indigenous communities participated in meetings to discuss and inform key planning documents
  • Indigenous communities commented on the draft Guidelines and the IEPP
  • From March 6 to April 4, 2023, the Committee invited comments on the draft IEPP and draft Guidelines including the identification of any existing regional studies or plans that could inform the assessment of the Project.
  • Emails and/or calls
  • Online comments
  • Meetings, information sessions and/or workshops
  • Posting of relevant documents and Notices on the Registry website
  • Notify via email of relevant documents and Notices on the Registry website to Indigenous communities indicated in sections 4.1 and 4.2
  • Follow-up to confirm receipt of materials

Phase 2: Impact Statement

Objectives:

  • Increase Indigenous communities' awareness and understanding of the impact assessment process
  • Provide Indigenous communities funding to support participation for the remainder of the impact assessment process
  • Encourage Indigenous communities to share Indigenous Knowledge and information with the proponent to inform the development of the proponent's Impact Statement
  • Obtain comments / views on the proponent's Impact Statement
  • Notify communities of key steps in the process such as the receipt of the Impact Statement and the comment period on the Impact Statement
  • Identify potential impacts on exercise of Aboriginal or Treaty rights and avoidance, mitigation or accommodation measures in collaboration with Indigenous communities

Timeline: Up to 3 years (excluding any timeline extension)
  • Committee shares how feedback has been reflected or not in the Guidelines and IEPP with rationale;
  • Committee makes participant funding available for the remainder of the impact assessment process;
  • Committee administers participant funding throughout the impact assessment process;
  • Committee works with Indigenous communities to implement the IEPP, to develop and implement Indigenous community-specific consultation plans and has dialogue with interested Indigenous communities to finalize approach to the assessment of impacts on their exercise of Aboriginal or Treaty rights.
  • Committee provides Indigenous communities with guidance on how to protect confidential information;
  • Committee posts the Proponent's Impact Statement on the Registry website and sends notification emails to Indigenous communities;
  • Committee seeks the views of Indigenous communities on the project's potential impacts on the exercise of their rights and discuss whether the Proponent has adequately identified mitigation and/or accommodation measures, as appropriate, in its Impact Statement;
  • Committee holds a comment period on the Impact Statement. The comments will assist in determining whether the Impact Statement contains all the information and studies requested in the Guidelines;
  • Committee issues requests to the Proponent for information or studies required to satisfy the Guideline.
  • Indigenous communities apply funding to participate in the remaining phases of the impact assessment process
  • Indigenous communities present comments on the partnership possibilities and the ways they wish to participate in the assessment process to inform the drafting, and implementation of, community-specific consultation plans
  • Indigenous communities work with the Committee, if interested, in the approach to conduct a collaborative assessment of potential project impacts on Indigenous communities and on the exercise of their Aboriginal or Treaty rights
  • Indigenous communities submit comments related to Indigenous knowledge, if applicable, that the proponent considers when drafting the Impact Statement Indigenous communities share their points of view on the project's potential impacts on the exercise of their Aboriginal or Treaty rights with the proponent to inform the Impact Statement and with the Committee to support the Committee's review of the Impact Statement
  • Indigenous communities collaborate with the proponent to collect relevant information about the Project's potential positive and adverse effects (direct and incidental), as well as discuss mitigation and monitoring measures to address possible adverse effects with the proponent to inform the proponent's Impact Statement
  • Indigenous communities express to the proponent any interest in funding for studies conducted by potentially affected Indigenous communities
  • Indigenous communities submit opinions or comments on the proponent's Impact Statement
  • Emails and/or calls
  • Online comments
  • Meetings, information sessions and/or workshops
  • Main community communication tools
  • Posting of relevant documents and Notices on the Registry website
  • Notify via email of relevant documents and Notices on the Registry website to Indigenous communities indicated in sections 4.1 and 4.2
  • Follow-up to confirm receipt of materials

Phase 3: Impact Assessment

Objectives:

  • Increase Indigenous communities' awareness and understanding of the impact assessment process
  • Develop, consult on and submit Committee's preliminary analysis and conclusions related to potential project impacts on Indigenous communities
  • Obtain comments / views on the Committee's draft Impact Assessment Report and draft potential conditions
  • If interested, collaborate with the Committee's on the assessment of potential project impacts on Indigenous communities and on the exercise of their Aboriginal or Treaty rights
  • Notify communities of key steps in the process such as the comment period on the draft Impact Assessment Report and draft potential conditions

Timeline: Up to 300 days (excluding any timeline extension)
  • Committee administers participant funding throughout the impact assessment process;
  • Committee works collaboratively with interested Indigenous communities on completing the assessment of impacts on the exercise of Aboriginal or Treaty rights;
  • Committee works with Indigenous communities to validate the Committee's preliminary analysis and conclusions related to potential project impacts on Indigenous communities and on the exercise of their Aboriginal or Treaty rights;
  • Committee posts draft Impact Assessment Report and draft potential conditions on the Registry website and sends notification emails to Indigenous communities;
  • Committee holds a comment period on the draft Impact Assessment Report and draft potential conditions. The comments will assist in finalizing the Committee's recommendation to the Minister of Environment and Climate Change.
  • Indigenous communities collaborate on or validate the Committee's preliminary analysis and conclusions related to potential project impacts on Indigenous communities and on the exercise of their Aboriginal or Treaty rights
  • Indigenous communities present their points of view to the Committee on the adequacy of the consultation throughout the impact assessment process
  • Indigenous communities submit opinions or comments on the Committee's draft Impact Assessment Report and draft potential conditions
  • Emails and/or calls
  • Online comments
  • Meetings, information sessions and/or workshops
  • Main community communication tools
  • Posting of relevant documents and Notices on the Registry website
  • Notify via email of relevant documents and Notices on the Registry website to Indigenous communities indicated in sections 4.1 and 4.2
  • Follow-up to confirm receipt of materials

Phase 4: Decision

Objectives:

  • Inform the proponent, Indigenous communities and the public about the Decision Statement issued by the Minister
  • Increase awareness of the Decision Statement, including reasons for the public interest determination, and the conditions, where applicable

Timeline: Up to 30 days if the determination is made by the Minister, or up to 90 days if the Minister refers the determination to Governor in Council (excluding any timeline extension)
  • Committee posts on the Registry website the Decision Statement, including the reasons for the public interest determination and conditions, where applicable;
  • Committee has ongoing dialogue with Indigenous communities, briefs them on the Minister's Decision Statement and provides them with opportunities to learn about next steps post-impact assessment decision.
  • Indigenous communities learn about Minister's decision and about next steps post-impact assessment decision
  • Posting of relevant documents and Notices on the Registry website
  • Notifications sent by email
  • Follow-up to confirm receipt of email

Phase 5: Post-Decision

Objectives: if the Project is approved

  • Post-Decision follow-up, monitoring activities and results from follow-up program on the Registry website
  • Obtain comments on potential amendments to the Decision Statement, should an amendment be required

Timeline: Begins after the Decision Statement is issued to the proponent and is ongoing
  • Committee conducts compliance and enforcement activities consistent with the Compliance Promotion and Enforcement Policy for designated projects subject to the Act and post results as per section 152 of the IAA on the Registry website
  • Committee consults on potential amendments to the Decision Statement, should an amendment be required
  • Submit comments to the Committee on potential amendments to the Decision Statement, should an amendment be required
  • For questions or comments about the Agency's compliance and enforcement program and policies, or if the public has reason to believe that there has been a contravention of the IAA, please report it to the Agency at: compliance-conformite@iaac-aeic.gc.ca
  • Emails
  • Online comments on potential amendments to Decision Statement
  • Posting of relevant documents and Notices on the Registry website

7. Participant Funding

During the Planning Phase, Indigenous communities received grant funding to support their comments on the Initial Project Description. Grant funding was also available to support the review and comment on the draft Guidelines, and the draft IEPP. Funding is also available to support Indigenous communities to participate throughout the impact assessment process. The opportunity to submit applications for funding will be made available to the Indigenous communities during the Impact Statement phase. These participant-funding opportunities will support the Indigenous communities to comment on the proponent's Impact Statement and the Committee's draft Impact Assessment Report and potential conditions.

For information about the activities that are eligible for funding or to apply for funding, see the National Program Guidelines and application at: https://www.canada.ca/en/impact-assessment-agency/services/policy-guidance/participant-funding-program-national-program-guidelines.html

8. Federal Agencies' Roles and Responsibilities

The Permitting Plan issued at the end of the Planning Phase describes the permits and authorizations that may be required for the Project to proceed.

Federal authoritiesFootnote 4 identified in the Permitting Plan as well as those with additional expert advice will engage as needed with the Committee, proponent, Indigenous communities and other parties to clarify information requirements related to its specialist or expert information and knowledge. Throughout the impact assessment process, federal authorities may also review and analyze the proponent's Impact Statement; support and participate in the Committee's Crown consultation activities; and support the Committee and Indigenous communities in understanding, assessing and addressing impacts on the exercise of Aboriginal and Treaty rights.

The Committee is the Crown Consultation Coordinator for the purpose of streamlining the impact assessment process. The Committee has collaborated and will continue to collaborate with all federal authorities and use their expertise throughout all impact assessment phases.

9. How To Submit Comments

Comments can be submitted at any time during the impact assessment process by using the "submit a comment" feature on the Registry website (Reference Number 83658). Attachments can also be uploaded using this function.

If you have any difficulties with the submission process, please contact the Committee, using the contact information below. Comments may also be submitted through other means, including by email to troilus@iaac-aeic.gc.ca.

Comments and other documents received by the Committee will form part of the Project file and will be posted on the Canadian Impact Assessment Registry website. The Agency's Submission Policy determines what information can be shared publicly and what information should remain private. For more information on how we protect your privacy, please refer to the Agency's Privacy Notice. If you do not want your comment to be posted on the Registry website, please contact the Committee before submitting your comment

Indigenous Knowledge shared in confidence is protected from disclosure under section 119 of the IAA, except if written consent is provided, or if the information is publicly available. In addition, Indigenous Knowledge shared in confidence could be shared with certain parties if disclosure is necessary for procedural fairness and natural justice or for use in legal proceedings. This ensures that interested persons have a fair opportunity to participate in processes that would likely affect their interests, and that they have access to all necessary information and evidence relied on by the decision-maker. Should you wish to provide any comments or documents that contain confidential or sensitive information that should be protected from release to the public, please contact the Troilus Mining Project Team (contact below) before submitting the information. This will ensure that your submission is handled appropriately. Note, the Agency will consult with you prior to disclosing Indigenous Knowledge shared in confidence under an exception.

If you have questions or need information, please contact:

Troilus Mining Project
Impact Assessment Agency of Canada
Quebec Regional Office
Email: troilus@iaac-aeic.gc.ca

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