Scully Mine: Exempt 13 Nearby Waterbodies

Summary#

This is the Order Exempting Certain Navigable Waters Located in Newfoundland and Labrador from the Application of Sections 22 and 23 of the Canadian Navigable Waters Act: SOR/2026-111. It lets a mining company permanently fill and drain 13 small, unnamed waterbodies near Wabush, Newfoundland and Labrador so they are no longer usable for navigation. The order comes into force on publication in the Canada Gazette, Part II (June 17, 2026).

What it does#

• Exempts the listed waterbodies from subsections 22(1) and 23(1) of the Canadian Navigable Waters Act.
• That exemption allows depositing of mining tailings into those waterbodies and removing water (dewatering) even though those activities will make navigation impracticable or impossible.
• The change applies only to the 13 named lakes and streams in the Order’s schedule around the mine site.

Who's affected#

• Tacora Resources Limited, the company expanding the Scully Mine, which needs extra tailings space to keep operating.
• Five Indigenous communities whose territories overlap the project area: Innu Nation, Innu Takuaikan Uashat mak Mani-Utenam (ITUM), Innu Nation of Matimekush‑Lac John (MLJ), Naskapi Nation of Kawawachikamach (NNK), and NunatuKavut Community Council (NCC).
• Local towns and residents near Wabush and Labrador City may notice economic and environmental effects.
• The general public is unlikely to be directly affected because Transport Canada assessed current navigation on these waterbodies as very low or negligible.

Why it matters#

• The exemption clears the legal barrier that would otherwise prevent the mine expansion from using nearby waterbodies for tailings and drainage. That enables the project to proceed.
• The expansion increases the mine footprint from 3,152 hectares to 4,563 hectares — an increase of 1,411 hectares (45%) — and is expected to support 334 direct jobs over about 22 years. The proponent says 96% of its workforce is local.
• It also permanently ends any future practical use of those 13 waterbodies for boating or water travel in that area. Transport Canada and the Impact Assessment Agency of Canada reviewed the project and found it did not require a federal impact assessment designation because impacts are expected to be managed through other permits and mitigation measures.
• Indigenous communities raised environmental and cultural concerns during consultations (for example about water quality, wildlife, and tailings dam stability). Some communities said the waterways are not currently used, while at least one said it might use them in the future. The decision notes those differing views.