Dewatering Exemption for 28 James Bay Waters

Summary#

This is the federal order titled Order Exempting Certain Navigable Waters Located in Quebec from the Application of Section 23 of the Canadian Navigable Waters Act: SOR/2023-213. It lets a mining proponent lower water levels (dewater) in 28 specified lakes and streams near James Bay, Quebec, which will make boat navigation impracticable. The order took effect when it was published in the Canada Gazette on October 25, 2023.

What it does#

• Exempts the listed waterbodies from the relevant part of the Canadian Navigable Waters Act, so dewatering that would otherwise be prohibited can proceed.
• Allows the mining project proponent to use open-pit mining methods that require pumping water out of the pit and nearby waters.
• States that the exemption is limited to the specific 28 named lakes and waterways in the schedule to the order.
• Notes that the mining project must follow conditions already set through the federal environmental assessment, including mitigation measures related to fish habitat and Indigenous uses.

Who's affected#

• Critical Elements Lithium Corporation (the project proponent) — the company can proceed with the open-pit mine work that depends on dewatering.
• The local Cree communities, represented by the Cree Nation Government, whose traditional land use (notably beaver trapping) and access in the area are directly involved.
• Local residents of the nearby community (about 760 people) and the regional economy, which the government says would see jobs (about 580) from the mine over its lifetime.
• Recreational users who occasionally paddle or boat those small waterbodies — the order applies only to the named waters, and the source says they are not widely used for recreation.

If it is unclear who is affected in a particular way, the order’s own analysis says impacts are expected to be minimal where mitigation measures are implemented.

Why it matters#

• It removes a legal barrier so the open-pit Rose Lithium‑Tantalum Mining Project can proceed in a form that requires pumping down nearby waters. That is the practical change: some small lakes and streams will be pumped out and not usable by boats.
• The order aims to balance local impacts against benefits the government highlights: the mine’s 580 jobs and supply of materials used in parts for zero-emission vehicles.
• The government document says Indigenous concerns were consulted and that mitigation (like relocating a trapping camp and a beaver management plan) is required. The source also says a full environmental assessment found the project unlikely to cause significant adverse environmental effects if its conditions are followed.
• In plain terms: if you live, trap, fish, or paddle in that part of James Bay country, some waterways named in the order will no longer be navigable by boat while the mine operates. The order is narrowly written and applies only to the listed waters; other approvals and conditions tied to the mining project still apply.