PROJECT AGREEMENT FOR THE QUEBEC LITHIUM SPODUMENE MINE IN QUEBEC

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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 Quebec Lithium Inc. (the Proponent) has submitted a project description in support of its proposed 3,800 tonnes per day open-pit spodumene mine located about 60 km north of Val-d’Or, 38 km south-east of Amos and 15 km south-west of Barraute, Quebec;

AND WHEREAS the Canadian Environmental Assessment Agency(CEA Agency) has commenced a comprehensive study pursuant to the former Canadian Environmental Assessment Act (CEAA)¹;

AND WHEREAS the CEA Agency and Fisheries and Oceans Canada (DFO) have regulatory and statutory duties in relation to the proposed project;

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

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 Pursuant to section 125 of the Canadian Environmental Assessment Act, 2012, this project must be reviewed in accordance with the former CEAA.

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 on open-pit mining operation for the extraction of 3,800 tons per day of spodumene (the Project) and includes the following components and activities :

  • an ore treatment facility with a daily capacity of 3,800 tonnes;
  • an open-pit mine with a ramp;
  • a refinery with hydrometallurgical processing;
  • storage and impoundment for overburden, tailings and ore;
  • administrative buildings;
  • a dryer section for workers;
  • garages for mechanical equipment maintenance;
  • a drill core storage library;
  • a tailings storage facility;
  • a wastewater treatment plant;
  • retention ponds;
  • relocation of the NRJ radio communications tower;
  • detour of the Quebec-Lithium road over an estimated 1.8 km;
  • the displacement of a 25-kV power line;
  • the extension of a 125-kV power line that passes near the site.

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:

  • The CEA Agency will exercise the powers and perform the duties and functions of the responsible authorities (RAs) in relation to the Project pursuant to the CEAA until the Minister of the Environment is provided with the comprehensive study report, including those requirements of the Species at Risk Act set out in subsection 11.01(3) of the former CEAA. In addition, 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.
  • DFO hasregulatory and statutory responsibilities under the Fisheries Act and,pursuant to the former CEAA, is a 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 Environmental Impact Statement (EIS). 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 CEA Agency;
  • Natural Resources Canada (NRCan), Environment Canada (EC) and Health Canada (HC) are Federal Authorities (FAs) under the former CEAA and may be in possession of specialist or expert information and knowledge with respect to the project (expert FAs) and, on request, shall make available that information or knowledge to the CEA Agency;
  • Aboriginal Affairs and Northern Development Canada (AANDC) has advisory responsibilities in relation to the Project to support the uniformity with the pan-Canadian approach in relation to Aboriginal consultation activities;
  • The MPMO has administrative and advisory responsibilities under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and this Agreement. 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 described herein and in the companion document.

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 as described in the Project Description as provided by the Proponent.

The CEA Agency has commenced a comprehensive study and will seek the participation of RAs and expert FAs to ensure that the EA process results in an efficient and effective EA that complies with the requirements and regulations of the former CEAA. 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 seek the participation of RAs and expert FAs to ensure that the EA process results in an efficient and effective EA that complies with the requirements of the former CEAA and its regulations.

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 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 EIS, for the RAs to meet the regulatory timelines set out in this Agreement.

If a department or agency determines that a regulatory decision or other trigger decision is not required, it may, upon request fromthe CEA Agency 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 CEA Agency 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 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 Province, etc. The target timelines for the federal review are as follows:

  1. Completion of the EA: 16.5 months, including:
    1. 365 days from the posting of the Notice of Commencement (NoC) on the Canadian Environmental Assessment Registry Internet Site (CEARIS) to posting of the final comprehensive study report for public comment;
    2. 110 days from the submission of the comprehensive study report to the Minister of the Environment and the Minister of the Environment's EA Decision Statement; and,
    3. 21 days from the posting of the Minister of the Environment's EA Decision Statement to the RAs' course of action decisions under the former CEAA. 
  2. Regulatory decisions pursuant to the Fisheries Act – 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 EIS.

Situations in which the CEA Agency may pause the timelines during the EA are identified in the Establishing Timelines for Comprehensive Studies Regulations as follows:

  • Any period during which the Proponent prepares or collects any information necessary for the Agency to complete the Environmental Impact Statement guidelines or to complete the requirements of the Environmental Impact Statement guidelines, unless the Agency has sufficient information allowing it to otherwise continue the comprehensive study during this period;
  • Any period requested in writing by the Proponent; and,
  • Any time, to a maximum of 30 days following receipt of the Environmental Impact Statement, needed by the Agency to determine whether the information outlined in the environmental impact statement guidelines has been provided.

Situations in which the MPMO may pause the timelines during the regulatory review include:

  • The regulatory review is delayed at the request of the Proponent and/or another jurisdiction;
  • The RAs have indicated that the Proponent is required to provide additional information necessary for the completion of the regulatory review, or that the information provided is insufficient;
  • The regulatory review cannot proceed as a result of circumstances related to Aboriginal consultation; or,
  • Litigation or other court action prevents the completion or continuation of the regulatory review.

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. The CEA Agency will work in cooperation with RAs, expert FAs, the Province and the Proponent to identify and evaluate means by which the RAs will ensure or be satisfied that the mitigation measures are implemented, and to ensure the follow-up programs are implemented. 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 effectiveness 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 CEA Agency or, during the regulatory phase, an RA, may recommend to the MPMO whether a change to the federal review or to the Project warrants an amendment to this 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 signatories for consideration.

9.0 SIGNATORIES

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

Serge Dupont
Deputy Minister
Natural Resources Canada
March 11, 2013
Date
Elaine Feldman
President
Canadian Environmental Assessment Agency
March 15, 2013
Date
Matthew King
Deputy Minister
Fisheries and Oceans Canada
March 14, 2013
Date
Bob Hamilton
Deputy Minister
Environment Canada
March 15, 2013
Date
Michael Wernick
Deputy Minister
Aboriginal Affairs and Northern Development Canada
March 14, 2013
Date

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 Project²

Gantt Chart - Target Timelines for the Federal Regulatory Process for the Project


² The Gantt chart is a baseline against which the timelines, identified in the 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 Engagement and Consultation

  Milestone Lead Support As Needed Service Standard/Completion Date

1

Post the Notice of Commencement (NoC) on the CEARIS

CEA Agency

RAs

June 8, 2012

2

Post public participation notice and notify Aboriginal groups that a comprehensive study has commenced

CEA Agency

 

June 8, 2012

3

Public comment period on the draft EIS Guidelines

CEA Agency

 

June 8, 2012 to July 23, 2012 (45 days)

4

Aboriginal consultation on the draft EIS Guidelines

CEA Agency

 

June 8, 2012 to July 23, 2012 (45 days)

5

Provide the EIS Guidelines to the Proponent

CEA Agency

 

August 6, 2012 (14 days)

6

Submit draft EIS

Proponent

RAs

To be determined by the Proponent

7

Review of the EIS to ensure the requirements of the EIS Guidelines are met

CEA Agency

RAs, expert FAs

Within 30 calendar days following presentation of the EIS by the Proponent

8

Public comment period on the EIS

CEA Agency

RAs, expert FAs

Between day 60 and 136 (77 days)

9

Aboriginal consultation on the EIS

CEA Agency

RAs, expert FAs

Between day 60 and 136 (77 days)

10

Review and provide comments on the EIS to the Proponent

CEA Agency

RAs, expert FAs

Between day 60 and 157 (98 days)

11

Submit revised EIS or additional information, as appropriate

Proponent

 

To be determined by the Proponent

12

Analyze the revised EIS and provide comments to the Proponent

CEA Agency

RAs, expert FAs

Between day 158 and 206 (49 days)

13

Prepare draft of Comprehensive Study Report (CSR)

CEA Agency

RAs, expert FAs

Between day 207 and 252 (46 days)

14

Review and provide comments on the  draft CSR to the CEA Agency

RAs, expert FAs

CEA Agency

Between day 253 and 280 (28 days)

15

Aboriginal consultation on the draft CSR

CEA Agency

RAs, expert FAs

Between day 253 and 280 (28 days)

16

Prepare the revised CSR

CEA Agency

RAs, expert FAs

Between day 281 and 301 (21 days)

17

Review and provide comments on the revised CSR to the CEA Agency

RAs, expert FAs

CEA Agency

Between day 302 and 350 (49 days)

18

Submit the final CSR to the Minister of the Environment (including translation time)

CEA Agency

RAs

Between day 351 and 364 (14 days)

19

Post the final CSR for public and Aboriginal comment on the CEARIS

CEA Agency

 

Between day 365 and 371 (7 days)

20

Public comment period on the final CSR

CEA Agency

RAs

Between day 372 and 403 (32 days)

21

Aboriginal consultation on the final CSR

CEA Agency

RAs, expert FAs

Between day 372 and 403 (32 days)

22

Post the Notice of the Minister of the Environment’s EA Decision Statement on the CEARIS

CEA Agency

 

Between day 404 and 474 (71 days)

23

Post the EA course of action decisions on the CEARIS

RAs

CEA Agency

Between day 475 and 495 (21 days)

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 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 and 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.

Following the EA phase, the CEA Agency will transfer the role of the CCC to an assigned RA for the regulatory review phase.

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;
    • 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;
    • Provide funding for consultation activities in support of the comprehensive study process through the Aboriginal Funding Envelope of the CEA Agency’s Participant Funding Program;
    • 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, in concert with the 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 and comment on the EA work plan;
  • Review and comment on the Aboriginal consultation work plan;
  • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the final comprehensive study report);
  • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, when requested by the CEA Agency;
  • Participate in consultations with affected/potentially affected Aboriginal groups as described in Annexes II and III;
  • Take EA course of action decision following the Minister of the Environment’s EA Decision Statement;
  • 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; and,
  • Where appropriate, work with other RAs, expert FAs, the Proponent and the Province 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.

Fisheries and Oceans 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

The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under 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 EIS submission 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 EIS 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.

Receipt of an application for a Fisheries Act authorization

DFO receives an application from the Proponent under 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 EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with authorization under the Fisheries Act (if it is determined that one is appropriate).
This information will be used to support the Fisheries Act review and EA.

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 first draft of the EIS.

Review and response regarding impacts to fish and fish habitat, and adequacy of information

DFO reviews the application package/EIS (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 EIS.
If the FHCP is provided separately from the EIS, 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

Between day 60 and 157 (98 days)

Receipt of additional information related to Fish, Fish Habitat and the FHCP

DFO receives additional information from the Proponent.
If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation

Proponent

Dependent upon timing of the submission of the revised EIS or additional information, as the case may be

Review response and request for additional information, if required

DFO reviews the EIS or additional information, including any 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 the FHCP, since it will form part of the mitigation plan for the EA.

DFO

Between day 158 and 206 (49 days)

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 by the Proponent 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 revised EIS 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

Between day 207 and 252 (46 days)

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 21 days from the Minister of the Environment’s EA Decision being posted.

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 from the Proponent, 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 Fisheries Act authorization

If appropriate, DFO issues a Fisheries Act authorization³ 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 may also consider the Proponent’s timing needs for the authorization in that, should an authorization not be required immediately, DFO will issue it when it is appropriate.


³ 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).

Annex V

Other Departments and Agencies
Roles and Responsibilities

PARTY ROLES / RESPONSIBILITIES

CEA Agency

  • Exercise the powers and perform the duties and functions of the RA in relation to the project under the former CEAA until the Minister is provided with the comprehensive study report as required, including those requirements of the Species at Risk Act set out in ss. 11.01(3) of the former CEAA;
  • Provide advice in regard to the application of the former CEAA;
  • Draft and finalize the EA work plan and the Aboriginal consultation work plan;
  • Act as the EA Manager and CCC for the EA in relation to the project;
  • Coordinate EA and Aboriginal consultation activities with other jurisdictions during the EA;
  • Manage the Registry Project File and CEARIS up until the Minister of the Environment’s EA decision is posted at which point the responsibility will be transferred to an RA;
  • Make participant funding available;
  • Work in cooperation with RAs, expert FAs, the Province and the Proponent to identify and evaluate means by which RAs will either ensure or be satisfied mitigation measures and follow-up programs are implemented; and,
  • Prepare and coordinate the review of documents including the CSR, EIS Guidelines and other EA documents as appropriate.

Expert Federal Authorities

Upon request from the CEA Agency or, during the regulatory phase, 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 that is available. Advice will be provided within the timelines identified by the CEA Agency;
  • Review and submit comments on EA documents as appropriate;
  • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency;
  • Participate in meetings of other federal/provincial authorities as appropriate;
  • Support Aboriginal consultation activities as appropriate; and,
  • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA.

Area of Expertise/Interest

HC

  • Effects on air quality;
  • Contamination of country foods (e.g., fish, wildlife, garden produce, berries, etc.);
  • Quality of drinking water and recreational water;
  • Radiological effects;
  • Effects of electrical and magnetic fields;
  • Effects of noise;
  • Human health risk assessment (HHRA) and risk management;
  • Federal guidelines and standards used in HHRA for air, water and soil quality;
  • Toxicology (multimedia – air, water, soil);
  • First Nations and Inuit health.

EC

  • Migratory birds and their habitats;
    • Migratory bird sanctuaries and national wildlife reserves;
  • Non-aquatic species at risk and their habitats, and recovery plans;
  • Wetlands that are habitats for migratory birds and species at risk;
  • Water quality, including:
    • Effluent management and water use;
    • Water quality of the receiving environment;
    • Metal leaching and acid mine drainage;
    • Mine waste management (tailings, waste rock and other);
    • Domestic wastewater.
  • Hydrology (quality and quantity);
  • Hydrogeology (groundwater quality);
  • Contaminated site management;
  • Air quality;
  • Air emissions, including greenhouse gases;
  • Weather, ocean conditions, climate and ice conditions, including climate change;
  • Chemical product management;
  • Solid waste management;
  • Environmental emergencies.

NRCan

  • Explosives;
  • Hydrogeology;
  • Geology;
  • Geotechnical aspects;
  • Environmental mining and mineral sciences;
  • Metal leaching and acid mine drainage.

AANDC

  • Provide advice in regard to Aboriginal consultation.

MPMO

  • Coordinate the development and approval of the 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 the Proponent on the EA and regulatory milestones into the MPMO Tracker.