PROJECT AGREEMENT FOR THE MARITIME LINK TRANSMISSION PROJECT LOCATED IN NOVA SCOTIA AND NEWFOUNDLAND AND LABRADOR

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PREAMBLE

WHEREAS the Government of Canada is committed to improving the efficiency of the federal environmental assessment (EA) and regulatory review processes for major resource projects to enable a more effective assessment and mitigation of potential environmental effects, while protecting the health and safety of Canadians and promoting innovation and competitiveness within the Canadian resource industry sectors;

AND WHEREAS the Government of Canada is committed to undertaking a process of early, effective and meaningful consultation with Aboriginal groups, including Treaty First Nations, Non-Treaty First Nations, Métis and Inuit people, concerning contemplated federal Crown (Crown) conduct with respect to, among other things, major resource projects that may adversely affect established or potential Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982;

AND WHEREAS the Government of Canada has created the Major Projects Management Office (MPMO) for the purpose of overseeing and tracking the federal review, which includes the EA, regulatory reviews and Aboriginal consultation activities, for major resource projects;

AND WHEREAS Emera Newfoundland and Labrador Maritime Link Inc.(the Proponent) has submitted a project description  in support of its proposal to construct and operate a new electrical power transmission line system between the Island of Newfoundland and Cape Breton, Nova Scotia;

AND WHEREAS Transport Canada (TC), Environment Canada (EC), and Enterprise Cape Breton Corporation (ECBC) may have regulatory and statutory duties in relation to the proposed project;

AND WHEREAS Natural Resources Canada (NRCan) has entered into a Memorandum of Agreement with the Governments of Nova Scotia and Newfoundland and Labrador to provide or purchase a loan guarantee for the proposed Project;

AND WHEREAS Fisheries and Oceans Canada (DFO), NRCan and Public Works and Government Services Canada (PWGSC) have commenced a screening pursuant to the former Canadian Environmental Assessment Act (former CEAA)¹;

AND WHEREAS nothing in this Project Agreement (the Agreement) fetters the powers, statutory authorities and functions of federal departments/agencies and their respective Ministers;

AND WHEREAS the Canadian Environmental Assessment Agency (CEA Agency) has agreed to coordinate the federal EA review with the provincial EAs to the extent possible; and,

NOW THEREFORE the signatories (the Parties) to this Agreement commit to work together to facilitate an effective, accountable, transparent, timely and predictable federal review in relation to the proposed project and to contribute to fulfilling the Crown’s duty to consult with Aboriginal groups.


¹ The Minister of the Environment designated this project pursuant to section 124(2) of the Canadian Environmental Assessment Act, 2012 (CEAA 2012) for completion under the former CEA Act as a screening-type environmental assessment.  The environmental assessment must be completed no later than 365 days of federal government time from the date CEAA 2012 came into force (July 6, 2012).

1.0 PURPOSE

The purpose of this Agreement is to provide an effective tool to enable the Parties to deliver an efficient federal review process. It articulates the roles and responsibilities of each department and agency and timeline based targets for the achievement of process milestones. For further clarity, the Agreement shall be read together with the Annexes, which form part of this Agreement.

2.0 PROJECT DESCRIPTION

The proposed project consists of the construction and operation of a new electrical power transmission system, including a proposed 500-megawatt (MW), +/- 200 to 250-kilovolt high voltage direct current (HVDC) and high voltage alternating current (HVAC) transmission line between the Island of Newfoundland and Cape Breton, Nova Scotia (the Project) and includes the following components and activities associated with the construction and operation of these components:

  • A 500 Megawatt (MW), +/-200 to 250 kV HVDC and a 230 kV HVAC transmission line system;
  • subsea cables;
  • landfall components;
  • converter stations and adjoining substations;
  • grounding facilities;
  • access infrastructure (e.g. construction roads, service roads);
  • temporary infrastructure; and
  • maintenance regimes.

3.0 ROLES AND RESPONSIBILITIES

The following federal departments and agencies have identified an interest in the Project, and will participate in the federal review as follows:

  • NRCan may provide financial assistance in the form of a loan guaranteeand,pursuant to the former CEAA, is a likelyRA. NRCan may also be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;
  • DFO may have regulatory and statutory responsibilities under the Fisheries Act and,pursuant to the former CEAA, is a responsible authority (RA). DFO requires that a complete application for a Fisheries Act authorization be submitted during the EA phase to confirm whether there is a Fisheries Act trigger. In order to meet the regulatory timelines set out in this Agreement for a review under the Fisheries Act, the information requested in the application must be submitted to DFO at the latest, concurrent with the submission of the draft EA report. DFO may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to the RAs;
  • TC may have regulatory and statutory responsibilities under the Navigable Waters Protection Act (NWPA) and, pursuant to the former CEAA, is a likely RA. TC requires that all the information described in the NWPA application form for a review under the NWPA be submitted during the EA phase to confirm whether there is a NWPA trigger. In order to meet the regulatory timelines set out in this Agreement for a review under the NWPA, the information described in the NWPA application form must be submitted to TC at the latest, concurrent with the submission of the draft EA report and the Navigation Impact Assessment (NIA) has to be completed as a component of the EA. TC may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;
  • EC may have regulatory and statutory responsibilities under the Canadian Environmental Protection Act, 1999, and,pursuant to the former CEAA, is a likely RA. EC may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;
  • ECBC may provide federal land under the Enterprise Cape Breton Corporation Act (ECBCA) and, pursuant to the former CEAA, is a likely RA;
  • PWGSC has regulatory and statutory responsibilities for granting access to the sea floor under the Federal Real Property and Federal Immovables Act (FRPFIA) and, pursuant to the former CEAA, is an RA;
  • Aboriginal Affairs and Northern Development Canada (AANDC)has advisory responsibilities to support the Government of Canada’s Aboriginal consultation activities in relation to the Project;
  • Health Canada (HC) and the Department of National Defence (DND) are federal authorities (FAs) pursuant to the former CEAA and may be in possession of specialist or expert information or knowledge with respect to the Project (expert FAs) and, upon request, shall make available that information or knowledge to the RAs;
  • The CEA Agency has administrative responsibilities pursuant to the former CEAA in support of the EA. The CEA Agency will act as the EA Manager and as the Crown Consultation Coordinator (CCC) for the EA in relation to the Project, and will coordinate the federal and provincial EA processes to the extent possible; and,
  • The MPMO has administrative and advisory responsibilities under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and the associated Memorandum of Understanding(MOU). The MPMO will provide oversight and advice throughout the entire federal review in relation to the Project to ensure adherence to the service standards and roles and responsibilities of all Parties.

For further information regarding the roles and responsibilities of the Parties, please see Annexes III, IV and V.

4.0 FEDERAL REVIEW PROCESS

The proposed scope of the Project is the project described in the Project Description as provided by the Proponent.

The CEA Agency will coordinate the federal EA review with provincial processes, to ensure that joint steps are undertaken wherever that can appropriately be done.

Annex I shows a Gantt chart of the federal review process. Annex II shows the key milestones and service standards for the EA as well as Aboriginal consultation. Annex IV shows the milestones and service standards for the regulatory review for each department.

The CEA Agency will work together with the RAs and the expert FAs to ensure that the EA process results in an efficient and effective EA that complies with the requirements of the former CEAA. The type of EA required is ascreening.

During the EA process, RAs will confirm any regulatory or other s. 5 decisions required in relation to the Project that are triggers pursuant to the former CEAA. As such, the Proponent is expected to submit all necessary applications to allow confirmation of triggers prior to the EA decision. Submission of the regulatory and technical information necessary for RAs to make their regulatory decision within the proposed timeframe is at the discretion of the Proponent. Although that information may not be necessary for the EA decision, the Proponent is expected to submit it concurrent with the EA report, for the RAs to meet the regulatory timelines set out in this Agreement.

If a department or agency determines that it is no longer required to make a regulatory decision, it will end it’s participation in the EA as an RA, but may, upon request from an RA, continue to participate as an expert FA should it be in possession of specialist or expert information or knowledge with respect to the Project. In the event that no triggers for the EA remain, the RAs will terminate the EA.

5.0 ABORIGINAL CONSULTATION

The Parties are committed to a “Whole of Government” approach to Aboriginal consultation in the context of major resource projects to ensure that Aboriginal groups are sufficiently consulted, and where appropriate accommodated, when the Government of Canada contemplates actions that may adversely affect established or potential Aboriginal and treaty rights. To the extent possible, and with the CEA Agency responsible for coordination during the EA Phase, the Parties will work together with the Province of Nova Scotia toward a coordinated approach for Aboriginal consultation that is integrated with the EA phase of the federal review. Following the EA phase, the responsibility for Aboriginal consultation will be transferred from the CEA Agency to an RA for the regulatory phase. The Crown will take into account the consultation efforts of the Province and the Proponent, to the extent possible, to meet its duty to consult.

Where applicable, the terms and conditions of all existing agreements or protocols between the Crown and Aboriginal groups will be respected and followed.

The Aboriginal consultation roles and responsibilities are identified in Annex III.

6.0 TIMELINES

Timelines identified in the Agreement represent the time expected to be taken by federal departments and agencies in carrying out their respective tasks for the federal review. The timelines do not account for time taken by participants who are not signatories to this Agreement, such as the Proponent, the Provinces, etc. The target timelines for the federal review are detailed in the Gantt chart in Annex I, and are as follows:

  1. Completion of the federal EA – 6 months from the posting of the Notice of Commencement on the Canadian Environmental Assessment Registry Internet Site (CEARIS) to the posting of EA course of action decisions under the former CEAA;
  2. Regulatory decisions pursuant to the Fisheries Act, NWPA², Canadian Environmental Protection Act, 1999 - 90 calendar days from the EA course of action decisions posted on the CEARIS, assuming submission of all applications no later than the time of the submission of the draft EA report.

The following are examples of situations where the MPMO may pause the timelines of the federal review:

  1. The federal review is delayed at the request of the Proponent and/or another jurisdiction;
  2. The CEA Agency and/or RAshave indicated that the Proponent is required to provide additional information necessary for the completion of the federal review, or that the information provided is insufficient;
  3. The federal review cannot proceed as a result of circumstances related to Aboriginal consultation; or,
  4. Litigation or other court action prevents the completion or continuation of the federal review.

² Due to the number of potential waterway crossings and the issuance of one approval document per crossing, the issuance of approval documents may have to be managed or coordinated with the proponent in order to meet both departmental expectations and construction timelines.

7.0 MITIGATION MEASURES AND FOLLOW-UP PROGRAM

The RAs have responsibilities under the former CEAA to ensure the implementation of any mitigation measures taken into account by the RAs in reaching a conclusion on the significance of adverse environmental effects and which the RAs can ensure. If the RAs determine a follow-up program is appropriate in the circumstance, the RAs will work with the expert FAs, the Proponent and the province, to satisfy those responsibilities. Expert FAs will provide assistance requested by the RAs in ensuring the implementation of a mitigation measure or aspect of the follow-up program on which the expert FA and RAs have agreed.

8.0 ADMINISTRATION

Tracking Progress

The milestones, timelines and service standards set out in this Agreement, subject to any amendments, will provide the basis against which the MPMO will monitor the progress of the federal review and report on this progress in the MPMO Tracker.

Issues Resolution

The Parties will use their best efforts to resolve any differences of opinion in the interpretation or application of this Agreement in an effective and timely manner.

Issues relating to the federal review for the Project will be resolved through direct discussions and collaboration between the involved Parties, supported by the MPMO.

Should issues remain outstanding, they will be referred to the appropriate senior level committee.

Post-Project Evaluation

The Parties will participate in an informal evaluation of the federal review in relation to the Project within 90 days of the completion of the regulatory review. The level of effort and format of the evaluation will be appropriate to the scale of the issues encountered.

Amendments

The Parties may recommend to the MPMO whether a change to the federal review or to the project warrants an amendment to the Agreement. Where there is agreement that an amendment is warranted, and where such amendment is considered significant, the MPMO will provide the proposed amendment to the Major Projects Deputy Ministers for consideration.

Unless otherwise determined by the MPMO in collaboration with the Parties, amendment of the Agreement shall not cause the federal review to stop with respect to any Agreement-related activities that might be ongoing at the time when the need for amendment is identified.

9.0 SIGNATORIES

The Parties hereto have signed the Agreement, in counterpart, on the dates indicated below.

Annexes

Annex I - Gantt Chart: Target Timelines for the Federal Review of the Project

Annex II - Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation

Annex III - Aboriginal Consultation Approach and Associated Roles and Responsibilities

Annex IV - Responsible Authorities: Roles, Responsibilities, Key Milestones and Service Standards

Annex V - Other Departments and Agencies: Roles and Responsibilities

Annex I

Gantt Chart: Target Timelines for the Federal Review of the Project³

A Gantt chart that is a visual representation of the milestones and service standards in Annex II and Annex IV

[Larger Image]


³ The Gantt chart is a baseline against which the timelines, identified in the Project Agreement expected to be taken by federal departments and agencies in carrying out their respective tasks for the federal review, will be tracked. The timelines do not account for time taken by participants who are not signatories to this Agreement, such as the Proponent, provinces, Aboriginal groups, the public or other stakeholders.

Annex II

Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation

  Milestone Lead Support As Needed Service Standard, or
Completion Date
1 Post the Notice of Commencement (NoC) on the CEARIS NRCan RAs, CEA Agency February 2, 2012
2 Notify Aboriginal groups that a federal EA is required CEA Agency   February 3, 2012
3 Draft Guidelines CEA Agency, NSE, NL-ENVC RAs, Expert FAs February 22, 2012
4 Finalize Guidelines CEA Agency, RAs, NSE, NL-ENVC Expert FAs March 29, 2012
5 Provide Guidelines to Proponent* NL-ENVC RAs, CEA Agency, NS-E May 25, 2012
6 Notify Aboriginal groups that Guidelines have been provided to the proponent CEA Agency   May  25, 2012
7 Submit the draft EA Report to the province* Proponent   September 28, 2012
8 Provincial review of draft EA Report* NSE CEA Agency, RAs, Expert FAs November 13, 2012
9 Province to consolidate comments on the draft EA Report and provide to proponent* NSE CEA Agency, RAs, Expert FAs November 19, 2012
10 Submit EA Report Proponent   To be determined by the Proponent
11 Register the EA Report* NSE, NL-ENVC   Within 1 week of submission of the EA Report
12 Public Participation on the EA* Report NSE, NL-ENVC   5 weeks starting from registration of the EA Report
13 Consultation with Aboriginal groups NSE, RAs, CEA Agency   5 weeks starting from registration of the EA Report
14 Government review of EA Report NSE, NL-ENVC, CEA Agency, RAs, expert FAs   6 weeks starting from submission of the EA Report
15 Consolidate comments and provide to the Proponent CEA Agency RAs, expert FAs Within 1 week from receiving comments on the EA Report
16 Respond to Aboriginal comments CEA Agency, RA Proponent Within 2 weeks of providing consolidated comments to the proponent
17 Submit response to comments on the EA Report Proponent   To be determined by the Proponent
18 Review Proponent responses and indicate whether RAs and expert FAs are satisfied with the information received CEA Agency RAs, expert FAs Within 3 weeks of the submission of the responses to comments on EA Report
19 Prepare material to be included in addendum (to meet requirements of a screening report) CEA Agency RAs, expert FAs Within 3 weeks of the submission of the responses to comments on EA Report
20 Submit Screening Report Proponent   To be determined by the Proponent
21 Final review of Screening Report CEA Agency RAs, expert FAs Within 3 weeks of submission of final EA Report/addendum
22 Approval of final Screening Report RAs   Within 2 weeks of receiving the final Screening Report from the CEA Agency
23 Post the EA course of action decision(s) on the CEARIS NRCan RAs Within 1 week of receiving signatures from all RAs on the final Screening.

* NOTE: Timelines for these provincial process steps are controlled by the Province.

Annex III

Aboriginal Consultation Approach and Associated Roles and Responsibilities

1.0 Context

The Government of Canada consults with Aboriginal people for reasons of good governance, sound policy development and decision-making as well as for legal reasons. Canada has statutory, contractual and common law obligations to consult with Aboriginal groups. The Government of Canada will take a “Whole of Government” approach to Aboriginal consultation in the context of major resource projects to ensure that Aboriginal groups are sufficiently consulted, and where appropriate accommodated, when it contemplates actions that may adversely affect established or potential Aboriginal and treaty rights. These rights are recognized and affirmed in Section 35 of the Constitution Act, 1982.

This approach is mandated by both the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and the associated Memorandum of Understanding(MOU) (June, 2007). The Directive states that Parties will work together towards a coordinated approach for Aboriginal consultation that is integrated with the EA, to the extent possible. The approach for federal consultation of Aboriginal groups for major resource projects was created in accordance with Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Duty to Consult (AANDC; March 2011).

2.0 Identifying Aboriginal Groups

The CEA Agency, along with RAs, and the Province of Nova Scotia will:

  • work with the Proponent to identify Aboriginal groups for consultation that may be affected by the Project; and,
  • undertake preliminary assessment of the identified Aboriginal groups, including the nature, location and exercise of potential or established Aboriginal or Treaty rights that may be affected by the Project. Together with the severity of potential adverse impacts of the project, this will inform the scope of the consultation process.

Aboriginal groups consulted may change over time based on information received during the course of the assessment and information received from Aboriginal groups, as may the level of consultation activities undertaken by the Crown.

3.0 The Crown Consultation Process

The “Whole of Government” approach for Aboriginal consultation activities will be implemented throughout the entire federal review. Best efforts will be made to ensure that the timeframe for consultation activities coincides with key milestones and processes. It is important to acknowledge that timeframes for consultation activities may diverge from pre-established federal review timeframes, based on consultation requirements. Should modifications to timeframes be required due to the consultation process, revisions will be discussed by all Parties.

Where accommodation is appropriate, the Crown, coordinated by the CEA Agency during the EA phase, will monitor to determine whether identified mitigation measures reasonably address concerns regarding potential adverse impacts on established or potential Aboriginal and treaty rights. The Crown may also examine the role of third parties in addressing adverse impacts on established or potential Aboriginal and treaty rights. The Crown will work with Aboriginal groups and attempt to identify options or solutions that balance the interests of those Aboriginal groups with other societal interests. The Crown will take into account the consultation efforts of the Province and the Proponent, to the extent possible, to meet its duty to consult.

4.0 Roles and Responsibilities of Parties

The CEA Agency will:

  • Act as the CCC for the EA phase of the federal review in relation to the Project, coordinate and facilitate the Crown’s consultation activities before and during the EA, and ensure a smooth transition to the regulatory review if required. As the CCC, the CEA Agency will:
    • Develop and implement a Crown consultation plan that is consistent with a “Whole-of-Government” approach to Crown consultation by the federal Crown through close collaboration with RAs and with support from expert FAs as appropriate;
    • Coordinate federal Crown consultation activities with those of Nova Scotia;
    • Invite Aboriginal groups to participate in the EA process and make their concerns known about EA matters, as well as the project impacts on their established or potential Aboriginal and treaty rights;
    • Coordinate the involvement and provide updates to RAs and expert FAs regarding federal Crown consultation activities with Aboriginal groups as it relates to the EA;
    • Represent the Crown with RAs during consultation activities, and work with those authorities to appropriately consider and address issues raised by Aboriginal groups;
    • Compile the Crown consultation record, including a tracking table for those issues that may require a response from the RAs and expert FAs;
    • Coordinate the evaluation of the scope, nature, and sufficiency of the Crown’s consultation efforts, with input from the Department of Justice (DOJ), AANDC and RAs;
    • Coordinate the response, with input from AANDC and the RAs, on behalf of the Government of Canada to Aboriginal Groups on how concerns were addressed during the EA;
    • Coordinate discussions amongst the RAs for the purposes of identifying a lead CCC for Aboriginal consultation activities related to the regulatory phase;
    • Coordinate the ongoing assessment of the identified Aboriginal groups’ potential or established Aboriginal or Treaty rights, with input from the RAs, AANDC and DOJ. This will enable the necessary adjustments to the consultation process, as required.; and,
    • Document lessons learned.

The MPMO will:

  • Provide oversight to ensure the overall consistency, accountability, and transparency of the Aboriginal Crown consultation effort, for the entire federal review;
  • House and maintain the official Record of Crown Consultation Activities for the Project; and,
  • Incorporate information relating to consultation activities into the MPMO Tracker.

RAs will:

  • Contribute to the “Whole of Government” approach by participating in consultation activities throughout the entire federal review (including before, during and after the EA) in areas relevant/appropriate to their mandates and areas of statutory and policy responsibility;
  • Represent the Crown in concert with the CCC and the province, and work with the Proponent and other Parties to address Aboriginal issues, as appropriate/required;
  • Take on the role of the CCC from the CEA Agency following the EA course of action decision;
  • Report on consultation activities to the CEA Agency and the MPMO in accordance with the established records-management process;
  • Provide input into the response to Aboriginal groups on how concerns were addressed;
  • Support issues analysis work, where required;
  • Contribute to the evaluation of the scope, nature, and sufficiency of the Crown’s consultation efforts, with CEA Agency, the DOJ, and AANDC
  • Contribute to the ongoing assessment of the identified Aboriginal groups’ potential or established Aboriginal or Treaty rights, with input from other RAs, AANDC and DOJ. This will enable the necessary adjustments to the consultation process, as required; and,
  • Develop, review and approve the Aboriginal consultation work plan for the regulatory phase, if required.

Expert FAs will:

  • Support any of the above activities upon request of the CCC and/or RAs, as appropriate.

DOJ and AANDC will:

  • Provide legal services (DOJ), information and advice to the CEA Agency, MPMO and RAs as appropriate and required throughout the federal review; and,
  • Assist in the evaluation of the scope, nature, and sufficiency of the Crown’s consultation efforts.

Annex IV

Responsible Authorities
Roles, Responsibilities, Key Milestones and Service Standards

EA
  • Participate in meetings with other federal/provincial authorities, where appropriate;
  • Review, comment on and approve the EA work plan and Aboriginal consultation work plan;
  • Provide guidance with respect to the content of the Screening Report to the EA Manager or to the Proponent where they have been delegated to prepare the Screening Report;
  • Manage the Registry Project File and CEARIS;
  • Review, comment on and approve appropriate federal EA documents (e.g., scoping document, screening report);
  • Review and comment on the EA report, and participate in the analysis of comments on the EA report;
  • Consult with affected/potentially affected Aboriginal groups as described in Annexes II and III;
  • Take EA course of action decision following the finalization of the Screening Report;
  • Work with other RAs, expert FAs, the Proponent and the province to ensure implementation of mitigation measures and the design and implementation of a follow-up program, if a follow-up program was determined to be appropriate in the circumstances; and,
  • Where appropriate, work with other RAs, expert FAs, the Proponent and the Provinces to identify measures or means to accommodate adverse impacts on potential or established Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982.
Regulatory
  • Prepare regulatory work plan;
  • Participate in meetings with other federal/provincial authorities as appropriate;
  • Participate in public comment period, public notice and possible public consultations, as appropriate;
  • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate;
  • If appropriate, take regulatory decision following the EA course of action decision;
  • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and,
  • Conduct site visits to support regulatory decisions, as required.

Transport Canada

Note:  The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available.

MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD
Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing
Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Provide TC with a completed application for each proposed work no later than the time of submission of the draft EA Report. Proponent Determined by the Proponent.
Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review.
Request further information if required to proceed with application.
If applicable, review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation.
TC 8 weeks after application submission.

 

 

 

Within 2 weeks of receiving the draft FHCP, if applicable

NIA process - on-site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process.
Notice to the Proponent to deposit plans and to advertise pursuant to the s. 9 of the NWPA, if required Provide the Proponent with advertisement package pursuant to NWPA s. 9. TC Within 3 weeks of completed initial on-site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues.
Deposit and advertise, if required Deposit all plans in the local land registry or land titles office or other place specified by the Minister and advertise in the Canada Gazette and in one or more newspapers that are published in or near the place where the work is to be constructed.
Provide proof of deposit and advertising to TC.
Proponent Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in s.9(3) or 9(4) of the NWPA.
Consult with Aboriginal groups, as required Seek information regarding adverse impacts to potential or established Aboriginal or treaty rights related to Transport Canada’s conduct.  Information can be provided by the Proponent and/or by Aboriginal groups during the federal EA process, to the extent possible, or if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport.
Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns.
Should TC receive concerns from Aboriginal groups regarding navigation, the Proponent and TC will work together to resolve the concerns.
Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works.
TC will facilitate public comment process if required.
Proponent and TC

 

TC

To be completed within 2 months of completion of advertisement process.
Resubmission of NWPA application(s),
if required
Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required.
Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval, if applicable.
Proponent Determined by the Proponent, if required.
Final application review process Perform a final review of all information on file, including technical information and ensure all public comments are addressed. TC 4 weeks
Course of Action Decision under the former CEAA TC reaches course of action decision under former CEAA.   As per EA work plan.
Make regulatory decision Make regulatory decision under NWPA. TC Within 90 calendar days after TC makes an appropriate course of action decision if the NWPA application(s) submitted no later than the time of the submission of the EA Report.  The regulatory decision will be contingent on:
  1. The discharge of any legal Aboriginal consultation obligations associated with the approval(s).
  2. An EA course of action decision under s. 20(1) of former CEAA.
  3. Mitigation of public concerns to the satisfaction of the Minister of Transport.

Fisheries and Oceans Canada

The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2) and/or Section 32of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review.

Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s EA report submitted during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EA guidelines or terms of reference.

Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation

Note:  The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available.

MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD
Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32of the Fisheries Act.
The application must be complete and be supported by adequate plans, maps, reports and data to support the review.
The application should also be supported by proposed mitigation (as part of the authorization or in the EA report) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate).
This information will be used to support the Fisheries Act review and EA4.
Proponent Dependent upon timing of the submission of the application by the Proponent but, at the latest, it must be submitted concurrently with the submission of the draft EA Report.
Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EA report (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EA report.
If the FHCP is provided separately from the EA report, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period).
Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review.
DFO Within 6 weeks from the submission of the draft EA Report
Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the Proponent. Proponent Dependent upon timing of the submission of the additional information related to Fish, Fish Habitat and the FHCP
Review and response and request for additional information, if required DFO reviews the additional information related to fish, fish habitat and the FHCP.
DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA.
DFO Within 7 weeks from submission of additional information related to Fish, Fish Habitat and the FHCP
Submission of additional information DFO receives additional information, including FHCP, from the Proponent. Proponent Dependent on timing of the submission of additional information by the Proponent.
Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat.
DFO informs Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation.
DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues.
OR
If the additional information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the Proponent. Sufficient information is required before the next step can be undertaken.
DFO Within 2 weeks of additional information
Course of Action Decision under the former CEAA DFO reaches a course of action decision under the former CEAA that will determine whether the authorization(s) may be issued.

If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.

DFO Within 1 weeks from the approval of final screening report
Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA.
Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision.

Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period.

Proponent Dependent on timing of the submission by the Proponent
Review and response regarding detailed information for Fisheries Act authorization DFO notifies the Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made.

Sufficient information is required before the next step can be undertaken.

DFO Within 30 days of receipt of the information

If multiple information requests are required DFO will respond within 15 days of the Proponent responding to the previous request.

Issuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization5 to the Proponent for impacts to fish and fish habitat. DFO DFO issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization.

Issuance of the authorization(s) may also consider the Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate.


4HMP Assessor to specify which Fisheries Act provision(s) apply(ies) for each case and to ensure that subsequent references are accurate. This footnote should be removed when the provision(s) are identified.

5 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to writing a subsection 35(2) Fisheries Act authorization for DFO Habitat Management staff, (v1.1); and Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1).

Environment Canada

Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available.

MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD
Disposal at Sea Sampling and Analysis Plan A detailed characterization of the waste material proposed for Disposal at Sea is required.  Ideally, a sampling and analysis plan should be prepared and implemented as part of the EA. The Proponent submits sampling and analysis plan to EC.

EC reviews sampling and analysis plan and advises on adequacy.

Proponent

 

 

 

EC

Determined by the Proponent.

 

 

Acceptance by EC of the Plan contingent on the quality of information received.

Disposal at Sea Permit Application is submitted The Proponent publishes Notice of Intent in a newspaper of general circulation, consults with other users of the sea, and submits permit application. Proponent Determined by the Proponent.(Not submitted before EA course of action decision)
Disposal at Sea Application review EC conducts a preliminary review of the permit application to ensure it is complete.

EC distributes the application to the appropriate agencies for review.

EC 30 days from receipt of the application.
Request for additional information If necessary, EC will request additional information should the application not be complete EC Following review of the application.
Technical Review of the application and  additional information EC  and other appropriate agencies complete the technical review of the application and any additional information received. from the Proponent EC 75 days from initial receipt of the application.
Disposal at Sea Permit Preparation and Regulatory Decision Disposal at sea permit terms and conditions are drafted. Permit contains conditions necessary for the protection of marine life, any legitimate uses of the sea or human life.

EC makes decision on issuing permit

EC 90 days from the initial receipt of the application.
Disposal at Sea Permit is published in the Canadian Environmental Protection Act Environmental Registry EC publishes the permit in the CEPA Environmental Registry: Permits (http://www.ec.gc.ca/CEPARegistry/
permits/DisposalAtSea.cfm
).
EC 100 days from the initial receipt of the application.
Disposal at Sea Activities The Proponent may begin disposal activities no sooner than 7 days following the CEPA Environmental Registry permit publication date and not before  the start date published in the permit.

A disposal at sea permit is valid for a particular date or dates or for a particular period that does not exceed one year.

Proponent Not before the start date published in the permit.

Annex V

Other Departments and Agencies Roles and Responsibilities

PARTY ROLES / RESPONSIBILITIES
CEA Agency
  • Provide advice in regard to the application of the former CEAA;
  • Act as the EA Manager and CCC for the EA in relation to the Project, including the development of detailed work plans;
  • Work in cooperation with RAs, expert FAs, the Province and the Proponent to identify and evaluate means by which they will either ensure or be satisfied mitigation measures and follow-up programs (if appropriate) are implemented;
  • Fulfill the Canadian Environmental Assessment Registry requirements to provide convenient public access to a paper based project file of documents associated with a specific assessment pursuant to section 55.4 of the former CEAA up to but not including the posting of the EA course of action decision;
  • Fulfill as the requirements for posting documents on the CEARIS following the posting of the Notice of Commencement up to but not including the posting of the EA course of action;
  • Coordinate EA and Aboriginal consultation activities with other jurisdictions during the EA;
  • Prepare and coordinate the review of the Screening Report
  • Lead and coordinate the federal review and ensure overall quality control of the Screening Report
Expert Federal Authorities Upon request from an RA, expert FAs will perform and fulfill the following roles and responsibilities:

 

  • Review and submit comments on the EA work plan and Aboriginal consultation work plan;
  • Participate in federal project review committee meetings for provision of relevant expertise;
  • Review and submit comments on EA documents as appropriate;
  • Provide any assistance requested by a RA in ensuring the implementation of a mitigation measure and/or follow-up program (if appropriate) on which the expert FA and RA(s) have agreed;
  • Participate in meetings with other federal/provincial authorities as appropriate;
  • Support Aboriginal consultation activities as appropriate;
  • Provide advice in respect of their respective mandate and area(s) of expertise when requested by the RAs. Advice will be provided within timelines requested by an RA; and,
  • Review and submit comments on the EA Report, and comments received on it.
HC
  • Air quality health effects;
  • Contamination of country foods (e.g. fish, wild game, garden produce, berries, etc);
  • Electric and magnetic fields;
  • Noise impacts;
  • Health risk assessment and risk management;
  • Federal air, water, and soil quality guidelines/standards used in human health risk assessments; and,
  • Toxicology (multimedia - air, water, soil).
EC
  • Wildlife and Wildlife Habitat:
  • Wetlands;
  • migratory birds;
  • species at risk;
  • Air Emissions and Air Quality;
  • Meteorological and Climatological Conditions:
  • physical oceanography
  • wind, waves, extreme weather
  • climate change
  • sea ice and ice bergs
  • Pollution Prevention
  • Environmental Emergencies
  • Greenhouse Gas Emissions
NRCan
  • Marine and coastal geology and processes; and,
  • Geohazards.
DFO
  • Fish and fish habitat;
  • Aquatic Species at Risk;
  • Integrated Oceans Management;
  • Marine Protected Areas; and
  • Commercial, recreational and aboriginal fisheries.
TC
  • Navigable waters
DND
  • Provide advice in regard to defence matters in the Cabot Strait
ECBC
  • Provide advice in regard to federal property in Cape Breton
PWGSC
  • Provide advice in regard to real property under the FRPFIA
AANDC
  • Provide advice in regard to Aboriginal consultation.
MPMO
  • Coordinate the development and approval of the Project Agreement;
  • Monitor and report on the progress of the Project through the federal review;
  • Take proactive steps to identify opportunities to streamline the federal review to meet government timelines and identify bottlenecks that could cause delay; and,
  • Incorporate information received from the CEA Agency, expert FA(s) RA(s), and Proponent on the EA and regulatory milestones into the MPMO Tracker.