Part IIOrderVolume 158, Number 12Published: June 5, 2024

Kapisikama Lake Dewatering Approved

Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act: SOR/2024-102

An exemption order (SOR/2024-102) authorizes dewatering of Kapisikama Lake in Quebec to enable an open‑pit lithium mine, which will extinguish navigation on the lake. The order took effect on 2024-06-05; the project proponent (Galaxy Lithium) and Indigenous communities were consulted and the mine was subject to a federal environmental assessment with binding mitigation conditions.

Published
June 5, 2024
Department
Unavailable
Section
Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act
Comment deadline
Unavailable
Effective date
June 5, 2024
Publication part
Part II

Summary

Summary#

The Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23 of the Canadian Navigable Waters Act (SOR/2024-102) lets a company dewater Kapisikama Lake to support an open‑pit lithium mine. The order was published and took effect on June 5, 2024 and allows actions that would otherwise be banned under the Canadian Navigable Waters Act because they would stop navigation on the lake.

What it does#

  • Exempts Kapisikama Lake (approx. 52°14′22″ N, 77°04′29″ W) from the application of section 23 of the Canadian Navigable Waters Act, removing the ban on dewatering that would extinguish navigation on that waterbody.
  • Authorizes the pumping out of lake water for mine construction (including a temporary concrete plant) and for pit dewatering during mining operations, which the statement says will make navigation impracticable and likely permanently remove the lake as a usable waterbody.
  • Lets the proponent proceed with an open‑pit lithium mine project that Transport Canada and other federal review processes have assessed; dewatering may begin as soon as the order is in force (publication day, June 5, 2024).

Who's affected#

  • Galaxy Lithium (Canada) Inc., the project proponent, which needs the exemption to use open‑pit mining methods.
  • The Cree Nation of Eastmain and nearby Cree communities, whose traditional territory includes the site. The document says those communities were consulted and that the project was considered acceptable provided mitigation measures are met.
  • Local workers and the regional economy: the proponent estimates 280 jobs during construction (about 1.5 years) and an average of 167 jobs per year during operations (about 18.5 years).
  • Recreational paddlers or other members of the public who might use the lake. The government review says the lake is not currently used for regular recreational navigation and is mostly accessed by foot or ATV, but traditional canoe routes were used in the past.

Why it matters#

  • In practical terms, the order removes a legal barrier so the mine can be built using open‑pit methods. That directly enables extraction of lithium, a metal used in batteries for zero‑emission vehicles.
  • The government says the lake’s loss of navigability is expected to have minimal effects because the Cree report they no longer use the lake for travel and access is now mainly by ATV. Still, the change ends any chance of future water‑based travel on that lake.
  • The mine was subject to an environmental assessment and the Minister of the Environment required 271 legally binding conditions (including fish salvage and fish habitat offsetting) that the proponent must follow; those conditions are meant to limit environmental and Indigenous impacts.
  • The real‑world tradeoffs are local environmental change and permanent loss of the lake as a water route versus new local jobs and increased lithium supply for electric vehicles. The source presents the exemption as approved after consultation and assessment, but outcomes depend on the proponent meeting the required mitigation and monitoring measures.

Key topics

Canadian Navigable Waters ActCNWANavigation Protection ProgramNPPKapisikama LakeGalaxy Lithium (Canada) Inc.James Bay Lithium Mining Projectlithiumzero-emission vehiclesZEVTransport CanadaEnvironment and Climate Change CanadaImpact Assessment Agency of CanadaCree Nation of Eastmainopen-pit mining

Source: Canada Gazette

Official source