Watershed group hopes 'fast-tracking' won't let Sisson mine off the hook for environmental protections

An environmental protection group in New Brunswick is hoping piqued interest in critical mineral projects will lead to higher, not lower, standards for developments such as the proposed Sisson mine, north of Fredericton.

"Maybe this is a test case," said Peter Toner of the Nashwaak Watershed Association.

After years of delays because of low mineral prices and lack of financing, the Sisson project to mine tungsten and molybdenum recently got an injection of cash and the attention of government officials again.

"We recognize that we're repositioning ourselves globally in terms of trade," Toner said.

"Our position all along has not been to oppose mining outright. … We want the proposed mine to be world class in terms of its environmental protections and … to ensure that … when they pack up and leave, that the environment is in the same condition it was in when they started. Our main concerns are that that won't be the case."

The watershed group's board of directors has been hearing from its membership since Premier Susan Holt addressed the Dominion Club in Toronto earlier this spring and talked about how the province is open for business, Toner said.

Prime Minister Mark Carney has taken a similar position, he noted.

Both political leaders have talked about aligning provincial and federal environmental impact assessments to fast-track economic development, he said. 

The association is looking for assurance that standards, such as the conditions of Sisson's provincial environmental approval, will not be compromised in the process.

"The 40 EIA conditions were to protect the environmental assets of our province. … Our role is to hold both the government and the proponent of the mine accountable for making sure that those conditions are met, with no exceptions, special deals, or further extensions," Toner said.

Provincial approval for the Sisson project was issued in December 2015, and construction was supposed to start within five years.

Thirteen other things were supposed to be done first, including a financial security plan, which would say how much money the company guaranteed for any required cleanups, including perpetual water treatment at the tailings pond.

To date, no dollar figure for the financial security plan has been disclosed, Toner said.

Another condition was a third-party assessment of what the impact would be in the event of a tailings-pond failure.

Given the size of the pond — 7.5 square kilometres — and the "very, very high quality" of the ecosystem, including as an index river for salmon, a breach would have significant effects, said Toner.

People deserve to have a good idea of those consequences upfront, he said.

Keeping track of progress on meeting the conditions hasn't been easy, said Toner.

The Sisson Partnership has "a very impressive looking website" with "a big section on environmental protections," but details are missing, he said.

The Nashwaak Watershed Association had to file requests using the Right to Information and Protection of Privacy Act to try to get information that Toner feels the government and the proponent should be freely providing.

"A small environmental organization made up of a lot of volunteer labour shouldn't be having to unearth and uncover every rock to find every bit of information necessary. The provincial government should have a very accessible scorecard on their own website to say here's our 40 conditions. … and this is the scorecard so far."

Company still completing obligations

Northcliff Resources is still completing its obligations, John Herron, New Brunswick minister of natural resources, said in an interview with Information Morning Fredericton on Tuesday. 

"The company would suggest that if all goes well … the mine could be operable within a five-year horizon," he said.

That's "still lots of time."

The minister said he'd be happy to meet with any interested group between now and then.

"There could be different discussions with respect to treatment on tailings," he said.

Heron is working on a provincial mining strategy that he said in March would be done within a year.

"We will have an environmentally responsible regime," he said. "We're going to test project proponents at every corner."

What mining companies want, he said, is clarity and predictability — to know what hoops they have to go through to get a permit down the road — so they can get projects going as quickly as possible.

The Sisson Partnership itself missed deadlines for meeting certain conditions in its environmental approval, said Toner, and has had its construction start deadline extended two years, then another three.

A lot can change in that amount of time, he said, including technology, best practices, environmental conditions, scientific knowledge and the positions of stakeholders, including Indigenous people. 

"We hope that the government and the proponent are both interested in introducing the best available technology for something that's as consequential as this particular mine," Toner said.

The watershed group is concerned the minister will approve another extension with no public consultation, he said. It's calling instead for a whole new environmental impact assessment process.

"We're coming up to 10 years. We feel like it's time for a reset."

CBC News asked the natural resources Minister, the environment minister and Northcliff Resources if they had any further responses to the watershed group's concerns. None were provided.