Amendment to the
Terms of Reference for the Federal Panel
Reviewing the New Prosperity Gold-Copper Mine Project

August 3, 2012

1. The Introduction is amended by adding the following paragraph at the end of the current Introduction section:

Pursuant to section 126 of the Canadian Environmental Assessment Act, 2012, the assessment by the review panel is continued under the process established under the Canadian Environmental Assessment Act, 2012 as if it had been referred to a review panel under section 38 of the Canadian Environmental Assessment Act, 2012.

1. Section 2.1 is amended by replacing the existing paragraph with the following paragraph:

   2.1

   The Panel shall conduct an assessment of the environmental effects of the Project referred to in the Scope of the Project (Part 1) in a manner consistent with the requirements of the Canadian Environmental Assessment Act, 2012 (the Act) and these Terms of Reference.

2. Section 2.2 is amended by replacing the existing section with the following:

   2.2

   The assessment by the Panel shall include a consideration of the following factors:

   1. the environmental effects of the Project including the environmental effects of malfunctions or accidents that may occur in connection with the Project and any cumulative environmental effects that are likely to result from the Project in combination with other projects or activities that have been or will be carried out;
   2. the significance of the environmental effects referred to in the above paragraph;
   3. comments from the public and Aboriginal groups that are received during the review;
   4. measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the Project;
   5. the need for the Project and alternatives to the Project; *
   6. the purpose of the Project; *
   7. alternative means of carrying out the Project that are technically and economically feasible, and the environmental effects of any such alternative means;
   8. the need for, and the requirements of, any follow-up program in respect of the Project; and
   9. the capacity of renewable resources that are likely to be significantly affected by the Project to meet the needs of the present and those of the future.

3. Section 2.3 is amended by replacing the existing paragraph with the following paragraph:

   2.3

   As per section 19(3) of the Act, community and Aboriginal traditional knowledge will be considered in conducting the environmental assessment.

4. Section 3.1 is amended by replacing the existing section with the following:

   3.1

   The Panel shall, in accordance with the Act and with these Terms of Reference:

   1. ensure that the information required for the environmental assessment is obtained and made available to the public;
   2. hold hearings in a manner that offers the public and Aboriginal groups an opportunity to participate in the assessment;
   3. prepare a report setting out:
      1. its rationale, conclusions and recommendations relating to the environmental assessment of the project, including any mitigation measures and follow-up program; and
      2. a summary of any comments received from the public and from Aboriginal groups; and
   4. submit its report to the Minister of the Environment.

5. Section 3.6 is amended by replacing the existing section with the following:

   3.6

   The Panel shall undertake its mandate in four stages:

   1. Review the information, submissions and testimony generated as part of the 2009/2010 environmental assessment, including the 2009 EIS and the previous panel's report, particularly as they relate to the components of the Project outlined in article 3.4;
   2. Review the EIS as set out in articles 4.14 to 4.18 of these Terms of Reference;
   3. Conduct public hearings as set out in articles 4.19 to 4.23; and
   4. Prepare and submit a report to the Minister of the Environment.

6. Section 4.4 is amended by replacing the existing paragraph with the following paragraph:

   4.4

   The Panel shall have all the powers and duties of a panel described in section 45 of the Act and those set out in the Terms of Reference.

7. Section 4.11 is amended by replacing the existing paragraph with the following paragraph:

   4.11

   The Panel shall complete its mandate and submit its final report to the Minister of the Environment within 235 days from the submission by the proponent of the EIS to the Panel in accordance with article 4.10

8. Section 6.1 is amended by replacing the existing paragraph with the following:

   6.1

   Following the completion of the public hearing, the Panel shall prepare and submit to the Minister of the Environment a report including, but not limited to, a description of the panel process, and the rationale, conclusions and recommendations of the Panel relating to the environmental assessment of the Project, including any recommended mitigation measures and follow-up programs. The report will include an executive summary in both official languages of the finding and recommendations of the Panel. The report shall include:

   • an identification of those conclusions that relate to the environmental effects to be taken into account under section 5 of the Canadian Environmental Assessment Act, 2012; and
   • an identification of recommended mitigation measures that relate to the environmental effects to be taken into account under section 5 of the Canadian Environmental Assessment Act, 2012.

9. Section 6.8 is amended by replacing the existing paragraph with the following paragraph:

   6.8

   The Minister of the Environment may require the Panel to clarify any of the recommendations set out in its report.

10. The section "Definitions" is amended by replacing the following definitions:

    "the Act" refers to the Canadian Environmental Assessment Act, 2012;

    "Panel" means the review panel established by the Minister of the Environment pursuant to the Act and composed of the persons appointed by the Minister of the Environment pursuant to section 33(1) of the former Act and continued under section 126 of the Canadian Environmental Assessment Act, 2012 to conduct an assessment of the New Prosperity Gold-Copper Mine project;

    "Public Registry" means a registry established by the Agency in accordance with section 78 of the Act.

* Consideration of these factors is to be from the proponent's perspective as set out in the Agency's Operational Policy Statement on Addressing "Need for", "Purpose of", "Alternatives to" and "Alternative Means" under the Canadian Environmental Assessment Act.