Impact Assessment Agency of Canada: Appearance before the Standing Committee – March 24, 2022
Key projects under assessment
Q1. What is the status of the environmental assessment of the Bay du Nord Development Project?
The Governor in Council has extended the legislated time limit for my decision on whether the Bay du Nord Development Project is likely to cause significant adverse environmental effects by 40 days—to April 15, 2022—to allow more time to review the considerable amount of complex information and make an informed decision.
In making my decision, I will consider the Impact Assessment Agency of Canada’s Environmental Assessment Report, comments received from the public and Indigenous groups, and expert advice from federal departments.
Q2. What is the status of the Roberts Bank Terminal 2 environmental assessment?
The environmental assessment process by an independent review panel, including the public hearing, ensures the views of the public, Indigenous groups, and affected communities are sought and considered.
On August 24, 2020, additional information was required from the Vancouver Fraser Port Authority in order to inform decisions under the Canadian Environmental Assessment Act, 2012.
The time limit for decisions on the Project is now paused. It will resume once the information is provided and deemed to be sufficient. At that point, there will be 89 days left to issue a decision statement to the proponent.
The responses from Vancouver Fraser Port Authority were subject to an extended public comment period which closed on March 15, 2022.
Comments, including from expert federal departments, were posted publicly and are being reviewed.
Based on the comments provided, I will determine whether the information provided by the Vancouver Fraser Port Authority is sufficient to proceed with my decision on whether the project is likely to cause significant adverse environmental effects.
Q3. What is the status of the Énergie Saguenay and of the Gazoduq projects?
The Énergie Saguenay Project underwent a rigorous environmental assessment process. I determined that the project was likely to cause significant adverse environmental effects and referred to the Governor in Council the matter of whether those significant adverse environmental effects were justified in the circumstances. The Governor in Council decided that the significant adverse environmental effects that the designated project is likely to cause are not justified in the circumstances. On February 7, 2022, I issued my decision statement. As a result, the project cannot move ahead.
The impact assessment process of the Gazoduq Project is ongoing. Unless the proponent asks the Impact Assessment Agency of Canada to terminate the assessment process, the proponent must submit an Impact Statement, including all required information and studies, by July 17, 2023.
Q4. What is the status of the Ring of Fire Area Regional Assessment?
Regional Assessments are studies of an area to inform planning and management of cumulative effects and future project impact assessments.
The planning and design of a Regional Assessment centered on the Ring of Fire mineral deposits in northern Ontario is in progress.
This Regional Assessment is providing significant and meaningful opportunities for Indigenous communities to participate fully, and will result in outcomes that incorporate science and Indigenous knowledge.
Further discussions will be required between Canada, Ontario, and Indigenous groups before any decisions can be made on moving forward with the Regional Assessment.
Q5. Which projects have recently been subject to designation requests under the Impact Assessment Act?
The Physical Activities Regulations also referred to as the “Project List” identify the types of projects that must enter the impact assessment process and captures major projects with the greatest potential for adverse effects in areas of federal jurisdiction.
If a project not identified in the regulations has the potential to cause adverse environmental effects in areas of federal jurisdiction, I have the authority to designate it to enter the impact assessment process.
Under the Impact Assessment Act, I must respond within 90 days, with reasons, to a request for designation. Since the coming into force of the Impact Assessment Act in August 2019, I and my predecessor have responded to 38 designation requests, and have designated five projects, namely the Fording River Extension, Highway 413, Tent Mountain Coal Mine Expansion, Coalspur Vista Coal Underground Mine and Vista Coal Mine Phase II Expansion projects. Under a similar provision of the Canadian Environmental Assessment Act, 2012, 33 responses to designation request were provided, and four projects were designated, namely the Victor Diamond Mine Extension, Laurentia, Sundog Renewable Generating Station and Pelican Renewable Generating Station projects.
Designation requests currently under review by the Agency
The Impact Assessment Agency of Canada is currently reviewing the requests to designate the Lambert La Ronge Peat Harvest Project, in Saskatchewan, and the Northern Pulp Proposed Effluent Treatment Plan Project to inform my response to the requests.
In May and June 2021, I have received requests to designate the Highway Tunnel Project between Quebec and Lévis under the Impact Assessment Act. The Impact Assessment Agency of Canada deemed the requests incomplete as the Agency requires additional information to assess the potential effects of the project and on the other legal mechanisms that could be used to address them. The Ministère des Transports du Québec is expected to produce a project description, which will trigger the provincial assessment process and provide the information needed in order for the requestors to finalize and submit their designation requests. Within 90 days following receipt of a complete request, I will issue a response with reasons as to whether the project warrants designation and, if applicable, issue an order designating the project.
Recent responses to designation requests
On February 14, 2022, I responded that the PADCOM Potash Solution Mining Project did not warrant to be designated as the effects in federal jurisdiction will be managed by existing legislative and regulatory mechanisms.
On February 8, 2022, I responded that I cannot designate the Ottawa Hospital Civic Campus Project due to limitations under the Impact Assessment Act to my authority arising from the February 23, 2018, 99-year lease agreement between Public Services and Procurement Canada and the proponent of the project.
In May 2021, the former Minister of Environment and Climate Change responded with reasons to requests to designate the Bradford Bypass Project that the project does not warrant designation under the Impact Assessment Act. The former Minister considered the Impact Assessment Agency of Canada’s analysis in making his decision, including Ontario’s proposal to exempt the project from the requirements of the provincial Class Environmental Assessment. Since the project has not changed since last considered for designation and no new important information has been submitted, I have responded to requests for reconsideration on February 10, 2022, indicating there is no basis for me to revisit the former Minister’s response on the project.
