Vice-President's Response Regarding the Battery Production Plant and the Crushing and Sorting Facility of the Northvolt Six Complex

 

Physical Activities

Northvolt Batteries North America Inc. is proposing to construct and operate a lithium-ion battery manufacturing complex in the cities of Saint-Basile-le-Grand and McMasterville, Quebec. As proposed, the Northvolt Six complex would include a battery cell component production and assembly plant, a crushing and sorting facility, and a battery recycling plant.

The battery cell component and assembly plant and the crushing and sorting facility are the physical activities to which this response applies (the physical activities).

The designation request analysis process continues for the battery recycling plant.

Delegation of Powers to the Impact Assessment Agency of Canada (IAAC)

Under subsection 154(1) of the Impact Assessment Act (the IAA), the Minister of Environment and Climate Change (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to IAAC any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. On July 26, 2024, the Minister delegated the authority to respond to requests for designation, for which limitations on designation described under subsection 9(7) of the IAA apply, to the President or Vice-President of Operations of IAAC.

Decision

Non-designated physical activities

Reasons

Pursuant to paragraph 9(7)(a) of the IAA, the Minister must not exercise their power to designate if the carrying out of the physical activity has substantially begun. I have considered the Guidance for interpreting "substantially begun" under subsection 9(7) and "substantially begin" under subsections 70(1) and 70(3) of the Impact Assessment Act. Therefore, the Minister cannot designate the battery cell component production and assembly plant nor the crushing and sorting facility for the following reason:

• The carrying out of the physical activities has substantially begun; as permanent works have started that have a direct linkage to the physical activities, and are an essential part of the physical activities that are long-lasting and occurred over an extended period of time from January 8 to March 1^st, 2024:
  • Land clearing (tree cutting and stump removal)
  • Wetland backfilling
  • Other site preparation work