PROJECT AGREEMENT FOR THE HARPER CREEK COPPER-GOLD-SILVER MINE IN BRITISH COLUMBIA

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PREAMBLE

WHEREAS the Government of Canada is committed to improving the efficiency of 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 EA, regulatory reviews and Aboriginal consultation activities for major resource projects;

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 Yellowhead Mining Inc. (the Proponent) has submitted a Project Description in support of its proposal to develop a copper-gold and silver mine approximately 90 km north-north-east of Kamloops, British Columbia;

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

AND WHEREAS the CEA Agency, Natural Resources Canada (NRCan), Fisheries and Oceans Canada (DFO) and Transport Canada (TC) may 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;

AND WHEREAS the CEA Agency and the British Columbia Environmental Assessment Office (BCEAO) have agreed to coordinate the federal and provincial EAs to the extent possible pursuant to the Canada-British Columbia Agreement for Environmental Assessment Cooperation;

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.

1.0 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 an open-pit copper-gold-silver mine approximately 90 km north-north-east of Kamloops, British Columbia (the Project) and includes the following components and activities associated with the construction, operation, modification, decommissioning and abandonment of these components:

  • An open pit mine with an estimated production capacity of 70,000 tonnes per day;
  • A tailings storage facility;
  • A water management facility;
  • A waste rock storage area and management facilities;
  • An ore concentrate storage facility;
  • Explosives manufacturing and storage facility;
  • A processing plant;
  • Road and potential bridge upgrades;
  • Rail siding loadout upgrade in Vavenby and rail transport to Port Metro Vancouver;
  • Mine site facilities;
  • BC Hydro powerline upgrade from 100 Mile House to Clearwater; and,
  • A power line to connect to the grid at the Vavenby sub-station.

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 CEAA. In addition, the CEA Agency has administrative responsibilities pursuant to the 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 federal input into the provincial EA, to the extent possible;

  • DFO may haveregulatory and statutory responsibilities under the Fisheries Act and,pursuant to the CEAA, may be aresponsible 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 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;

  • NRCan may have regulatory and statutory responsibilities under the Explosives Act and, pursuant to the CEAA, is a likely RA.  NRCan 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;

  • TC is a Federal Authority (FA) pursuant to the CEAA and has regulatory responsibilities under Section 5(3) of the Navigable Waters Protection Act (NWPA).  A request for approval under the NWPA must be made during the environmental assessment in order to meet the timelines contained in the current Project Agreement.  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 the CEA Agency;

  • Aboriginal Affairs and Northern Development Canada (INAC) has advisory responsibilities to support the Government of Canada's Aboriginal  consultation activities in relation to the Project;

  • Environment Canada (EC) and  Health Canada (HC) are FAs pursuant to the CEAA and are 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 CEA Agency; 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, V and VI.

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 coordinate the federal process with the BCEAO, to ensure that the respective federal and provincial requirements are met in a manner consistent with the Canada-British Columbia Agreement for Environmental Assessment Cooperation.

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. Annexes IV and V show 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 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 is not 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 with the Province of British Columbia 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:  17 months
    1. 13 months 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. 16 weeks from the posting of the final comprehensive study report for public comment to the posting of the Minister of the Environment's EA Decision Statement; and,
    3. 3 weeks from the posting of the Minister of the Environment's EA Decision Statement to the RA(s)' course of action decision(s) under CEAA.
  2. Regulatory decisions pursuant to the Fisheries Act and the NWPA – 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.
  3. Regulatory decision pursuant to the Explosives Act - 1 month from the submission of a complete and acceptable application for an Explosives Factory License.

Situations in which the CEA Agency may pause the timelines during the environmental assessment are identified in the draft Establishing Timelines for Comprehensive Studies Regulations. Situations in which the MPMO may pause the timelines during the regulatory review include:

  1. The regulatory review is delayed at the request of the Proponent and/or another jurisdiction;
  2. 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;
  3. The regulatory 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 regulatory review.

7.0 MITIGATION MEASURES AND FOLLOW-UP PROGRAM

The RAs have responsibilities under the 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.

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 - Transport Canada: Roles, Responsibilities, Key Milestones and Service Standards

Annex VI - Other Departments and Agencies: Roles and Responsibilities

Annex I

Gantt Chart: Target Timelines for the Federal Review of the ProjectFootnote 1

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

Annex II

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

No. Milestone Lead Support As Needed Service Standard/
Completion Date
1 Post the Notice of Commencement (NoC) on the CEARIS CEA Agency RAs April 27, 2011
2 Post public participation notice and notify Aboriginal groups that a comprehensive study has commenced CEA Agency   April 28,2011
3 Public comment period on background document CEA Agency   April 29, 2011 – May 30, 2011
4 Aboriginal consultation on the draft EIS guidelines CEA Agency, Province of British Columbia RAs, expert FAs To be determined jointly by the CEA Agency and the Province of British Columbia
5 Provide the EIS Guidelines to the Proponent Province of British Columbia CEA Agency, RAs, expert FAs To be determined jointly by the CEA Agency and the Province of British Columbia
6 Submit draft EIS Proponent CEA Agency, RAs, expert FAs To be determined by the Proponent
7 Accept EIS Province of British Columbia, CEA Agency RAs, expert FAs To be coordinated with the Province of British Columbia, following a review of the Application for completeness against the EIS guidelines (provincial service standard is to a maximum of 30 days)
8 Public Comment Period on the EIS CEA Agency RAs, expert FAs 45 days, starting from the posting of the accepted Application for public comment by the Province of British Columbia
9 Aboriginal  consultation on the EIS CEA Agency RAs, expert FAs 45 days, starting from the posting of the accepted Application for public comment by the Province of British Columbia
10 Review and provide comments on the EIS to the Proponent CEA Agency RAs, expert FAs Within 8 weeks from the acceptance of the EIS
11 Submit the EIS addendum information to respond to federal comments Proponent CEA Agency, RAs, expert FAs To be determined by the Proponent
12 Review of the Proponent's EIS addendum (the response to federal comments) to ensure its completeness and accept, if appropriate CEA Agency RAs, expert FAs Within 4 weeks from receipt of additional EIS information
13 Prepare draft Comprehensive Study Report (CSR) CEA Agency RAs, expert FAs Within 9 weeks from the acceptance of the EIS addendum information as complete
14 Review and provide comments on the draft CSR to the CEA Agency RAs, expert FAs   Within 5 weeks from the circulation of the draft CSR
15 Aboriginal consultation on the draft CSR CEA Agency RAs and/or Expert FAs Concurrent with federal review of the draft CSR
16 Prepare the revised CSR CEA Agency RAs, expert FAs Within 4 weeks from the receipt of comments on the draft CSR
17 Review and provide comments on revised CSR to the CEA Agency RAs, expert FAs   Within 4 weeks from the circulation of the revised CSR
18 Submit the final CSR to the Minister of the Environment CEA Agency   Within 4 weeks from the review and provision of comments on the revised CSR
19 Post the final CSR for public and Aboriginal comment on the CEARIS CEA Agency  

Within 4 weeks from the submission of the final CSR to the Minister of the Environment

20

Public comment period on the final CSR

CEA Agency

RAs,

Expert FAs
30 days, starting from the posting of the final CSR
21 Aboriginal consultation on the final CSR CEA Agency RAs, Expert FAs 30 days, starting from the posting of the final CSR
22 Post the Notice of  the Minister of the Environment's EA Decision Statement on the CEARIS CEA Agency   Within 11 weeks from the close of the comment period on the final CSR
23 Post the EA course of action decisions on the CEARIS RAs CEA Agency Within 3 weeks from the Minister's EA Decision Statement being posted on the CEARIS

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 Legal Duty to Consult (INAC; March 2011).

2.0 Identifying Aboriginal Groups

The CEA Agency, along with RAsand the Province of British Columbia, will:

  • work with the Proponent to identify Aboriginal groups for consultation that may be affected by the Project;
  • conduct background research on Aboriginal groups in the area and their rights;
  • identify potential adverse impacts of the proposed project/activity;
  • undertake initial assessment and analysis (including prima facie strength of claim assessment); and,
  • based on the potential severity of the adverse impacts of the proposed project on the potential or established Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982, establish the initial form and content of a 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;;
    • Coordinate Crown consultation activities with those of the Province;
    • 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 DOJ, INAC and RAs;
    • Coordinate the response, with input from INAC 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; 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 INAC;
  • If appropriate, conduct a prima facie strength of claim analysis with input from DOJ, INAC and the CCC; 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 INAC 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 Authority
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.

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 32 of 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 during the environmental assessment (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 Environmental Impact Statement (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.

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 32 of 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 (as part of the authorization or in the EIS) 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 environmental assessment (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 Within 4 weeks of submission of the draft EIS
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 additional information by the proponent.
Review and response and request for additional information, if required

DFO reviews the accepted EIS 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 fish habitat compensation since it will form part of the mitigation plan for the EA.
DFO Within 8 weeks from the acceptance of the EIS.
Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum 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 EIS addendum 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 4 weeks from the submission of the EIS addendum by the Proponent.
Course of Action Decision under CEAA

DFO reaches a course of action decision under 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 3 weeks from the Minister's EA Decision Statement being posted on the CEARIS.
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 authorization2 to the Proponent for impacts to fish and fish habitat

2 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).

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.
Natural Resources 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
Submission of an application for an Explosives Act Licence The Supplier compiles information and submits an application to NRCan for a Licence under the Explosives Act paragraph 7(1)(a) for an explosives factory and magazine. Explosives Supplier selected by the Proponent

Determined by the Proponent and its Explosives Supplier; may not occur until late in the Project

Review of the application NRCan reviews the Explosives Supplier's application to ensure that all of the required information is included. NRCan

If the application is complete, require 30 days to review and process the application and issue the Explosives Act Licence

Request for clarification or additional information

If there are aspects of the application that are unclear or additional information is required, NRCan will request clarification or additional information from the Explosives Supplier.

NRCan Within 15 days of receipt of the application

Resubmission of a complete application for an Explosives Act Licence

Explosives Supplier re-submits a completed application for an Explosives Act Licence. Supplier Dependent on the Explosives Supplier
Review Supplier's revised application

NRCan continues its review of the application, which includes clarifications or additional information requested.

NRCan Within 30 days from receipt of revised application
Make regulatory decision Once a determination under the CEAA has been rendered and a Notice of Decision has been posted on the CEARIS, NRCan can make a decision under the Explosives Act for an explosives factory(ies) or magazine(s). NRCan Within 30 days from the receipt of all necessary information to form a complete application (as per User Fees Act performance standard commitments).

Annex V

Transport Canada
Roles, Responsibilities, Key Milestones and Service Standards

Upon request from the CEA Agency or, during the regulatory phase, an RA, as an expert FA, Transport Canada 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;
  • 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;
  • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s);
  • 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; and,
  • Review and submit comments on the EIS and comments received on it.

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

Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. 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.
TC

8 weeks after application submission

NIA process - on-site inspection(s)

Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year.

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 if such information is available.

TC

Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process

Within 2 weeks of receiving the draft FHCP

Notice to the Proponent to advertise pursuant to the NWPA s. 9, 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 regarding navigational impacts, if required

Seek information regarding navigational concerns from Aboriginal groups, if possible, through the federal EA process. 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.

Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available.

Proponent and 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. Proponent Determined by the Proponent, if required.
Final application review process Perform a final review of all information on file, including technical information and public comments. TC Within 4 weeks of the resubmission of NWPA application(s), if required

Make regulatory decision

Make regulatory decision under NWPA. TC

Within 90 calendar days following the EA Decision Statement being posted on the CEARIS if NWPA application(s) submitted no later than the time of the submission of the EIS.  The regulatory decision will be contingent on:

  1. The discharge of any legal Aboriginal consultation obligations associated with the approval(s).
  2. Mitigation of public concerns to the satisfaction of the Minister of Transport.

Annex VI

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 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 CEAA;
  • Provide advice in regard to the application of the CEAA;
  • Draft and finalize the EA work plan and the Aboriginal consultation work plan;
  • Act as the EA Manager and CCC for the EA;
  • 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 they 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
PARTY ROLES / RESPONSIBILITIES
HC
  • Air quality health effects;
  • Contamination of country foods (e.g. fish, wild game, garden produce, berries, etc);
  • Drinking and recreational water quality;
  • Radiation effects;
  • 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 including:
    • Migratory birds;
    • SARA species;
    • Biodiversity;
    • Habitat conservation; and,
    • Wetlands.
  • Water quality, including:
    • Metal mining effluent; and,
    • Municipal wastewater.
  • Metal leaching/acid rock drainage;
  • Waste and effluent management;
  • Mine design alternatives;
  • Air quality;
  • Chemicals management;
  • Hydrogeology;
  • Solid waste management; and,
  • Environmental emergencies.
NRCan
  • Hydrogeology;
  • Engineering geology;
  • Seismicity;
  • Mine effluents; and,
  • Minerals and metals science.
INAC
  • 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.