Northern Project Agreement for the Victoria Gold Corp.'s Eagle Gold Project in Yukon

Table of contents

1.0 Introduction

The Government of Canada recognizes that timely, predictable and transparent environmental and socio-economic assessments and regulatory reviews and permitting of major natural resource and regional infrastructure projects will contribute to more effective assessment and mitigation of potential environmental effects, while protecting the health and safety of Canadians and supporting a positive investment climate across Canada. In the territories, the Northern Projects Management Office (NPMO) was established to help facilitate these objectives by coordinating federal participation and activities throughout the environmental assessment and regulatory permitting process.

Federal departments and agencies with regulatory responsibilities in the three territories have signed a Memorandum of Understanding Defining Terms and Scope of Cooperation between Federal Departments, Agencies and the Northern Projects Management Office for Coordination of Northern Projects (the "MOU"). This MOU outlines the manner in which federal departments and agencies will work cooperatively to promote timely, predictable, transparent and accountable processes for carrying out their activities and obligations in relation to environmental assessment and regulatory permitting in the territories. This Northern Project Agreement (the "Agreement") will support coordination activities carried out by all federal participants on the Eagle Gold Project (the "Project"), in relation to the environmental and socio-economic assessment (ESA), regulatory permitting, and Crown consultation and accommodation with Aboriginal peoples ("Crown consultation and accommodation").

2.0 Purpose

The purpose of this Agreement is to clearly articulate the roles, responsibilities, and commitments of each of the federal departments or agencies signatory to the Agreement (the "Parties") in relation to the ESA, regulatory permitting, and Crown consultation and accommodation for the Project.

3.0 Nature of Agreement

The signatories to this Agreement commit to work together to facilitate effective, accountable, transparent, timely and predictable participation by federal departments and agencies in relation to the ESA, regulatory permitting of the Project, including Crown consultation and accommodation.

This Agreement is designed to be a publically accessible document that coordinates federal activities as a Project advances through ESA and regulatory permitting. It is not intended to be legally binding.

This Agreement is to be interpreted in a manner consistent with all applicable statutes, regulations, and rules of natural justice and does not create any new legal powers or duties, or fetter in any way the jurisdiction, powers and duties of the Parties.

For further clarity, the Agreement shall be read together with the Annexes, which form part of this Agreement.

4.0 Regulatory Review Process

The ESA process is governed by the Yukon Environmental and Socio-economic Assessment Act (YESAA).

The Yukon Environmental and Socio-economic Assessment Board's (YESAB) Executive Committee (ExComm) is responsible for analyzing the Project pursuant to the screening process described in YESAA, its corresponding regulations, and the rules of YESAB.

The ExComm will issue a report that either requires a review of the Project or recommends one of the following:

This Agreement acknowledges and respects that the ESA process is managed by the YESAB ExComm, and that applicable timelines are established in YESAB's Rules for Screenings Conducted by the ExComm, as well as the Decision Body Time Periods and Consultation Regulations under YESAA.

If the ExComm does not determine that a review is required, the Eagle Gold report (containing one of the three recommendations noted above) will be provided to each Decision Body (DB). The consideration of the recommendation and issuance of decision documents then occurs pursuant to YESAA and the Decision Body Time Periods and Consultation Regulations.

5.0 Project Description

The Proponent proposes to develop an open-pit gold mine in central Yukon, located within the Dublin Gulch watershed approximately 350 km north of Whitehorse and 45 km northeast of the Village of Mayo. Access to the mine site is approximately 85 km from Mayo via existing access along the Silver Trail, South McQuesten Road, and Haggart Creek Road.

The Eagle Gold Mine will produce 92 million tons of ore (containing 1.8 million ounces of gold) and 132 million tons of waste rock. Gold extraction will utilize sodium cyanide heap leaching technology.

The anticipated life-cycle of the mine, if approved, is expected to be:

The scope of the project review includes:

The Project is currently in the screening stage of the ESA, and a draft screening report was issued by the ExComm on August 31, 2012. The public comment period closed on October 3, 2012. Federal DB and interested/expert departments and agencies have reviewed and provided comments on the draft report.

6.0 Roles and Responsibilities

The following federal departments and agencies have an identified interest in the project:

For greater clarity, all departments and agencies listed above may have responsibilities related to any Crown consultation and accommodation and, where required, accommodation that arises for the Project.

Further information regarding the roles and responsibilities of the Parties is provided in the Annexes.

7.0 Crown Consultation and Accommodation

The Government of Canada is committed to undertaking a process of early, effective and meaningful consultation and accommodation with Aboriginal groups concerning contemplated Crown conduct that may adversely impact potential or established Aboriginal or Treaty rights under section 35 of the Constitution Act, 1982.

The Parties will use the existing ESA process, including the YESAB hearings, as their primary avenue for consulting with Aboriginal groups and collecting information on potential Project impacts to potential or established Aboriginal or Treaty rights. Through the ESA and regulatory permitting processes, NPMO will house the official record of Crown consultation and accommodation for the Project, and will work with other federal departments and agencies to coordinate Crown consultation and accommodation, including identification and resolution of issues, as needed. Crown consultation and accommodation roles and responsibilities are identified in Annex II of this Agreement.

8.0 Service Standards

Service standards are identified in this Agreement to promote accountable and transparent participation of the Parties in the ESA and regulatory permitting of the Project. It is recognized that the timelines for the ESA are set by YESAB, pursuant to their rules, the YESAAct and Regulations. The services standards outlined in this Agreement during the ESA process are designed to ensure the Parties work together to meet the YESAB ExComm's timelines. Federal Decision Bodies have also identified service standards they will meet in relation to the permitting phase of the Project. Service standards are outlined in Annexes III and IV.

9.0 Administration

Reporting Progress

The activities and service standards set out in this Agreement, subject to any amendments, will provide the basis against which the NPMO will monitor the progress of the federal involvement in relation to the ESA and regulatory permitting. NPMO will report on progress of the Project as necessary through the MPMO Major Projects Deputy Ministers' Committee, and will inform other federal departments involved in the Project of the updates.

Project milestones identified in Annexes III and IV will be uploaded and tracked on the NPMO Tracker to provide publicly accessible monitoring of the progress of federal activities in relation to the ESA and regulatory review.

Issue 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 involving multiple federal departments relating to the ESA or regulatory permitting of the Project will be resolved through direct discussions and collaboration between the involved parties, supported by NPMO.

Should issues remain outstanding, NPMO will refer them to the appropriate senior level committee.

Post Review Evaluation

NPMO will lead the design and implementation of an evaluation to determine the effectiveness of federal participation in relation to the ESA and regulatory permitting processes. Parties will participate in a meeting organized by NPMO to discuss lessons learned during the review within three months following the completion of the ESA process. The level of effort and format of the evaluation will be appropriate to the scale of the issues encountered.

Amendments

One or more of the Parties may recommend to NPMO whether a change to in relation to the ESA, the regulatory permitting, or the Project warrants an amendment to the Agreement. Where there is agreement among the majority of Parties that an amendment is warranted, and where such amendment is considered significant, NPMO, on behalf of the Parties, will provide the proposed amendment to the Major Projects Deputy Ministers' Committee for consideration. If a Party requires an amendment to their own specific regulatory Annex, they may bring the proposed changes to NPMO for incorporation into the Agreement, without agreement from the other Parties.

Amendment of the Agreement shall not cause the participation of federal departments and agencies in the ESA and regulatory permitting to stop with respect to any Agreement-related activities that might be ongoing at the time the amendment is identified.

10.0 Signatories

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

Original signed by
Patrick Borbey
President
Canadian Northern Economic Development Agency
February 02, 2013
Date  

 

Original signed by
Michael Wernick
Deputy Minister
Aboriginal Affairs and Northern Development Canada
March 13, 2013
Date

 

Original signed by
Bob Hamilton
Deputy Minister
Environment Canada
January 11, 2013
Date

 

Original signed by
David Bevan
A/Deputy Minister
Fisheries and Oceans Canada
January 04, 2013
Date 

 

Original signed by
Serge Dupont
Deputy Minister
Natural Resources Canada
January 11, 2013
Date 

 

Original signed by
Marie Lemay
Associate Deputy Minister
Infrastructure Canada
(on behalf of Louis Lévesque, Deputy Minister
of Transport, Infrastructure and Communities)
January 09, 2013
Date 

Annex I: Roles, Responsibilities and Expertise in relation to Environmental and Socio-Economic Assessment and Regulatory Permitting Processes

Environmental and Socio-economic Assessment (ESA)

The Parties commit to the following activities in relation to the Project ESA:

  • Participate in the Eagle Gold project working group, led by NPMO.
  • Attend meetings with NPMO and other parties (including the Proponent and territorial government), as appropriate.
  • Review, analyze, and provide comment on the ESA and other information submitted to the YESAB ExComm, as appropriate.
  • Provide expert advice to the YESAB ExComm, based on their respective mandates, regulatory responsibilities, and areas of interest, throughout the ESA, as appropriate.
  • Advise NPMO, in advance, of any potential federal requests to the YESAB ExComm that could impact the timelines associated with the review process (i.e. requests for additional information or timeline extensions).
  • Seek to gather sufficient information from the proponent to inform Decision Bodies' decisions with respect to regulatory permitting.
  • With NPMO as the coordinator, Federal Decision Bodies and expert federal departments will work together to review the YESAB ExComm's draft screening report, including any mitigation measures, and provide relevant comment back to the ExComm within the prescribed time period.
  • Should the final ESA report contain a recommendation and not a requirement for review, Federal Decision Bodies and expert federal departments will work together to review the ExComm's final ESA report, including any mitigating measures.
  • With the assistance of NPMO, prior to issuing any decision document, each Federal Decision Body and expert federal departments will consult with the others in accordance with the Decision Body Time Periods and Consultation Regulations for the purpose of conformity. If deemed appropriate, consolidation of decision documents may be considered. Consultation and accommodation and consideration of conformity between the Federal Decision Bodies and the Government of Yukon in its role of decision body must also occur in accordance with YESAA and the above noted Regulations.
  • At first instance, YESAA dictates that each Decision Body must decide whether to accept the recommendation (which includes any terms and conditions) or refer the recommendation back to the ExComm for reconsideration. The Federal Decision Bodies commit to doing so within the prescribed time period.
  • In the case of any new recommendation resulting from a referral for reconsideration, Federal Decision Bodies shall, within the prescribed time period, issue a decision document accepting, rejecting, or varying the new recommendation.

Regulatory Permitting

Federal Decision Bodies commit to the following activities in relation to the regulatory permitting of the Project:

Yukon Water Board Process:

  • Participate on the Eagle Gold project working group, led by NPMO.
  • Participate in meetings with other federal and territorial authorities, as appropriate.
  • Participate in the YWB review and provide expert advice with respect to their mandate, and regulatory responsibilities, as appropriate.
  • Coordinate submissions, by sharing them and discussing content with other departments and agencies, prior to them being filed with the YWB. NPMO will coordinate and be responsible for compiling them into a single, Government of Canada submission.
  • Advise NPMO, in advance, of any potential federal requests to the YWB that could impact the timelines associated with the review process (i.e. requests for timeline extensions, requests for additional information).
  • Participate in the YWB public hearing and submit final reports to the board, as appropriate.

Federal authorizations:

  • Review applications and make a regulatory decision as outlined in Annex IV.
  • If necessary, undertake any additional required activities related to their mandate, regulatory responsibilities, and/or areas of interest including consulting with affected/potentially affected Aboriginal groups, as appropriate, to support a regulatory decision.
  • Update NPMO on the progress of the regulatory review to ensure milestones (from Annex IV) are tracked in the NPMO Tracker and that any consultation and accommodation records are provided for keeping in the official record of Crown consultation and accommodation.
  • Ensure that terms and conditions within individual permits/authorizations/licences are consistent with their YESAA decision documents, and that they have coordinated with other Decision Bodies, to the extent possible, within existing legislation, to ensure their YESAA decision document implementation obligations are met.
  • Conduct site visits and inspections to support regulatory decisions, as required.

Areas of Expertise

Department/Agency Areas of Expertise/Interest
AANDC
  • Advisory role with respect to the implementation of YESA Act
  • Advice on crown consultation and accommodation
Environment Canada
  • Wildlife, including:
    • Migratory birds
    • Species at risk (terrestrial)
    • Biodiversity
    • Habitat conservation
    • Wetlands
  • Water quality
  • Acid rock drainage
  • Waste and effluent management
  • Mine design alternatives
  • Air quality
  • Hazardous waste management
  • Hydrogeology
  • Solid waste management
  • Environmental emergencies and spill contingency planning
Fisheries and Oceans Canada
  • Fish habitat
  • Fish passage
  • Fish health and mortality
  • Aquatic ecosystems
  • Species at risk (aquatic)
Natural Resources Canada
  • Minerals and metals science
  • Manufacturing and storage of explosives
Transport Canada
  • Right to Navigate
  • Aviation Safety
  • Marine Safety and Security

Annex II: Crown Consultation and Accommodation: 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 legal reasons. The legal duty to consult is grounded in section 35 of the Constitution Act, 1982, which recognizes and affirms "existing Aboriginal and Treaty rights."

The Crown has a duty to consult and, where appropriate, accommodate when the Crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights. Federal departments and agencies commit to working together to develop a coordinated approach to Crown consultation and accommodation that will ensure the duty to consult is met. The Parties will use the consultation and accommodation efforts of the Proponent and the existing ESA and the Eagle Gold YESAB public hearings as their primary avenues for consulting with Aboriginal groups and collecting information on project impacts to potential or established Aboriginal or Treaty rights.

2.0 The Federal Crown Consultation and Accommodation Process

The Crown's approach to consultation and accommodation will be consistent with Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011). Federal departments and agencies will work collaboratively, as the Crown, to assess roles and responsibilities, and ensure that their process fulfills the Crown's duties to consult, and where appropriate, accommodate any project impacts on potential or established Aboriginal or Treaty rights. This work will be outlined in a Crown consultation and accommodation work plan that is developed by NPMO, in collaboration with the other Parties. Best efforts will be made to ensure that the timeframe for Crown consultation and accommodation activities coincides with key milestones and processes, but it is important to acknowledge that timeframes may diverge based on consultation and accommodation requirements.

When Crown conduct is proposed, federal departments and agencies, led by NPMO, must assemble information to assess whether the Crown has a duty to consult, determine the scope of that duty, and design a consultation and accommodation process. The Crown will use and rely on, where appropriate, existing consultation and accommodation mechanisms such as the ESA and regulatory permitting processes to support decision-making and will assess, as necessary, if additional consultation and accommodation activities are required. The Crown will also take into account, to the extent possible, any additional engagement efforts of the proponent or other party to meet the duty to consult.

When accommodation is appropriate, the Crown, coordinated by NPMO, will monitor and determine whether recommended measures have reasonably addressed concerns regarding potential adverse impacts on potential or established Aboriginal or Treaty rights.

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 and accommodation activities undertaken by the Crown.

3.0 Roles and Responsibilities of Parties

Participating federal departments and agencies hereto agree to work together to ensure a coordinated, whole-of-government approach to Crown consultation and accommodation activities in relation to the ESA and regulatory permitting processes.

The NPMO will act as CCC in relation to the ESA and regulatory permitting processes and will:

  • Lead, with input from other federal departments and agencies, the development and implementation of a Crown consultation and accommodation plan that is consistent with the Aboriginal Consultation and Accommodation: Updated Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (AANDC, March 2011).
  • Coordinate and provide logistical support, as necessary, to federal departments and agencies when they consult with potentially impacted Aboriginal groups (i.e. ensure all departments/agencies are aware when a consultation and accommodation meeting is planned, help organize venues, etc.).
  • Monitor Crown consultation and accommodation activities and processes to ensure they meet the objectives of the agreed-upon consultation and accommodation plan;
  • Compile, house and maintain the official record of Crown consultation and accommodation for the Project, which will include records of activities undertaken by each department and agency.
  • Coordinate the development of the Crown Consultation Assessment (CCA) report which includes compiling the other federal decision bodies' substantive input on the adequacy of their consultation obligations. The CCA must be complete prior to the Decision Bodies making a final decision on the Eagle Gold Project ExComm's Report. Any unresolved issues between the federal decision bodies' on the adequacy of Crown consultations must be included in the CCA report.
  • Following completion of the CCA, lead, with input from departments and agencies, the drafting of a Government of Canada response to potentially impacted Aboriginal groups outlining how any outstanding issues will be addressed (if necessary).
  • Coordinate outstanding consultation and accommodation activities in relation to the regulatory process if more than one federal department or agency is involved; and
  • Document lessons learned.

Federal Decision Bodies and Regulatory Authorities will:

  • Contribute to the development and implementation of a Crown consultation and accommodation plan for the Project.
  • Participate in Crown consultation and accommodation activities, as appropriate, throughout the entire federal review (including before, during, and after the ESA and regulatory permitting) in areas relevant/appropriate to their mandates and areas of statutory and policy responsibility.
  • Inform NPMO and provide summaries of any interactions with Aboriginal groups (outside of the public ESA and regulatory permitting processes).
  • Work together to encourage Aboriginal groups to make their concerns known about the Project's potential impacts on their potential or established Aboriginal or Treaty rights during the ESA and regulatory permitting process.
  • Decision bodies will address aboriginal concerns that fall within their mandate, but will not have the ability to address aboriginal concerns that fall outside of department mandates.
  • Contribute to the Crown consultation and accommodation record, including the issues management tracking table, to aid in follow-up efforts.
  • Contribute, for compilation by NPMO into a single CCA report, their substantive assessment of the adequacy of their consultation obligations. The CCA must be complete prior to the Decision Bodies making a final decision on the Project's ExComm Report. Any unresolved issues between the responsible ministers and regulatory authorities on the adequacy of Crown consultations must be included in the CCA report.
  • Following completion of the CCA, with NPMO coordination, support the drafting of a response to the potentially impacted Aboriginal groups on how any outstanding issues will be addressed (if necessary).
  • Address any additional concerns that are raised by Aboriginal groups during the regulatory process (if necessary).
  • Ensure that the duty to consult has been discharged prior to making a regulatory decision(s).

Annex III: Key Federal Milestones and Service Standards in relation to the Environmental and Socio-Economic Assessment (ESA)

Milestone Activities/Description Lead Support or other agencies Federal Service Standard
ESA Adequacy Stage Parties review Project Proposal. Some federal departments may be requested by ExComm to submit comments with regards to adequacy of information ExComm Federal Decision Bodies (FDBs) ESA timelines determined by YESAB Rules
Parties make preliminary determination if Crown Consultation (CC) duty exists FDBs DOJ / NPMO As per Project-specific Consultation Plan timelines
ESA Screening Stage During public comment period, Parties submit information relevant to project screening to ExComm, including whether, in their view, supplemental information is required from the Proponent. ExComm FDBs ESA timelines determined by YESAB Rules
ESA Screening Stage
  • Draft Screening Report (DSR) Issued
ExComm   ESA timelines determined by YESAB Rules
  • Parties review DSR and coordinate review activities. Parties submit comments directly to ExComm.
NPMO    
  • Review / comment on supplementary information may be required.
NPMO FDBs
&
NPMO
 
  • Parties may engage potentially affected Aboriginal groups, if required as per consultation plan
NPMO
(as CCC)
FDBs Consultation and accommodation activities align with ESA process and role of ExComm YESAA REGS timelines (eg sec.74(2)
ESA Recommendation Stage
  • Final ESA report (recommendation) issued to Decision Bodies, etc.
ExComm FDBs ESA timelines determined by YESAB Rules
  • Parties identify lead Federal Decision Body and notify YESAB and other DBs.
FDBs FDBs  
  • DBs collaborate on preparation of decision documents with the aim of conforming, including consultation and accommodation, with any non-federal Decision Bodies.
FDBs NPMO  
  • Parties may engage potentially affected Aboriginal groups, if required, as per consultation plan
NPMO (CCC) FDBs Consultation and accommodation activities align with ESA process and role of ExComm YESAA REGS timelines (e.g. sec.74(2)
ESA Decision Stage Decision Documents submitted to ExComm. (If DBs request reconsideration of Recommendation, another round of comment may be required. FDBs NPMO ESA timelines determined by YESAB Rules

Annex IV: Roles, Responsibilities and Milestones for Authorizing Agencies in relation to the Regulatory Process

Note: The following milestones represent the key activities associated with the regulatory review process and are not intended to reflect the entire workplan schedule associated with the project. The milestones may need to be adjusted as additional information is made available.

Departement of Fisheries and Oceans (DFO)

The following milestones occur after DFO's review of a complete Project Proposal and determination that an authorization under paragraph 35(2)(b) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will advise the Proponent to submit an application for Fisheries Act authorization.

Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation measures (including fish habitat compensation plan) to address those effects should be provided by the proponent 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 by DFO through its input to the Executive Committee screening process.

Aboriginal consultation activities related to the EA are captured in Annex II: Crown Consultation and Accommodation: Approach and Associated Roles and Responsibilities.

Step Milestone Activities / Description Lead Service Standard
1. Project Proposal posted for Public Comment by the Yukon Environmental and Socio-economic Assessment Board (YESAB) DFO reviews the project proposal (including proposed mitigation measures, proposed fish habitat compensation plan (FHCP), associated estimate of financial security, if provided, and other related information) for adequacy and provides its comments to YESAB and copies the proponent. DFO As outlined in Annex III: Key Federal Milestones and Service Standards for the Environmental and Socio-Economic Assessment.
2. Review and comment on the draft screening report DFO, in consultation with other federal parties and the decision bodies, reviews and coordinates provision of comments, as appropriate, to YESAB and copies the proponent. DFO As outlined in Annex III: Key Federal Milestones and Service Standards for the Environmental and Socio-Economic Assessment.
3. Decision under section 76, and where appropriate section 77, of the Yukon Environmental and Socio-economic Assessment Act DFO, as a decision bodyFootnote 1 issues a decision document accepting, rejecting or varying the recommendation made by the executive committee, or a panel of the Board, as the case may be. If the decision document allows for the project to be undertaken, the subsequent activities and milestones will apply. DFO As outlined in Annex III: Key Federal Milestones and Service Standards for the Environmental and Socio-Economic Assessment.
4. Receipt of detailed information for Fisheries Act authorization(s) DFO receives Project Notification and Review Application Form with associated information, including the Fish Habitat Compensation Plan (FHCP) and financial security (if required) to support the decisions to be made under section 35(2)(b) of the Fisheries Act.

Upon receipt of the detailed FHCP, DFO will ensure that a copy is provided to Transport Canada for a 14-day comment period.
Proponent Dependent on timing of the submission of application by the proponent.
5. First Nations Consultation DFO to conduct any additional Aboriginal consultation, if appropriate. DFO As per Annex II: Aboriginal Consultation Approach and Associated Roles and Responsibilities
6. DFO's review and response regarding impacts to fish and fish habitat, and adequacy of information included in the application for Fisheries Act section 35(2)(b) Authorizations DFO reviews the application for authorization (including proposed mitigation measures, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy of information and to determine if the FHCP is acceptable to DFO, and to verify consistency with the decision document. If information is found to be acceptable, adequate and consistent with the decision document, DFO notifies the proponent accordingly. If the information is inconsistent or inadequate, DFO will notify the proponent of this and indicate what supplementary information is required from the proponent in order to complete the review. DFO Within 60 days of the date of receipt of an application for authorization, DFO will notify the proponent of whether or not the information submitted is adequate, the FHCP is acceptable and consistent with the decision document.

If information is found to be inadequate or inconsistent, DFO will notify the proponent and indicate what additional information is required.

When additional information is required, DFO will have 30 days from the date of receipt of the additionally requested information to review the information and notify the proponent of whether the information received is complete. (This process may be iterative and for each information request DFO will have 30 days from the date of receipt of the information to respond to additional information submissions.)
7. Issuance of section 35(2)(b) Fisheries Act authorization

If appropriate, DFO issues a Fisheries Act authorizationFootnote 2 to the proponent for impacts to fish and/or fish habitat.

DFO

DFO issues the authorization within 60 days from the date on which DFO notifies the proponent that information submitted is complete (as referred to in step 6).
However, DFO must also be satisfied of the following conditions prior to issuing the authorization(s):

  1. Decision document(s) under YESAA has been issued for the Project that allows it to proceed.
  2. There are no other legislative requirements to be met and no other legal requirements to be considered that would preclude the Department from issuing its authorization.
Issuance of the authorization(s) may also consider the proponent's timing needs for the authorization(s). For example, should an authorization not be required until much later than the timeline outlined above, DFO may issue the authorization(s) at a later time, when appropriate.
8. Notification of issuance of authorization, amendment or revocation of an authorization (section 89 of YESAA) DFO to notify YESAB if it authorizes, amends or revokes an authorization required for the Project to be undertaken. DFO Concurrent with the notification provided to the proponent of the authorization, amendment or revocation.

Natural Resources Canada

Step Milestone Activities / Description Lead Service Standard
1. 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/or magazine. Explosives Supplier selected by the Proponent Determined by the Proponent and its Explosives Supplier; may not occur until late in the Project.
2. 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.

3. 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.
4. Resubmission of a complete application for an Explosives Act Licence Explosives Supplier resubmits a completed application for an Explosives Act Licence. Supplier Dependent on the Explosives Supplier.
5. 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.
6. Make regulatory decision (Issuance of an Explosives Act Licence)

NRCan makes decision to issue a licence under the Explosives Act for an explosives factory(ies) and/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).

Transport Canada

Within 30 days from the receipt of all necessary information to form a complete application (as per User Fees Act performance standard commitments).

Step Milestone Activities / Description Lead Service Standard
1. Liaise with the Proponent regarding potential works in regards to impacts on navigability Inform proponent that any works within a navigable waterway may require an approval under the NWPA TC Ongoing
2. Issuance of Decision Document pursuant to YESAA

Where YESAB's ExComm issues a recommendation, each decision body must consider it and issue a decision document.

If the decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.
Lead federal Decision Body As per Annex II: Crown consultation and accommodation approach and associated roles and responsibilities and Annex III: Key federal milestones and service standards for the environmental socio-economic assessment.
3. Submission of NWPA application(s), including information required to process applications under the NWPA, for each proposed work

Provide TC with a completed application for each proposed work, no later than the time of submission of the PP.

Proponent The application should be submitted during the ESA process, ideally no later than the submission of the PP.
4. Determination and comment on NWPA application(s)

Review application package and information/plans for adequacy to support NWPA review.

Make information request to proponent within the ESA Adequacy Stage (or, if necessary, during the ESA Screening Stage) if the information is insufficient for assessment purposes.
TC 8 weeks after application submission.
5. Review Fisheries Habitat Compensation Plan for potential impacts to navigation

Review of Fisheries Habitat Compensation Plan for potential impacts to navigation and provide comments to DFO.

TC/DFO

Within 2 weeks of receiving the draft FHCP.

6. NIA process - on-site inspection(s) Complete on-site NIA of the Project, site and waterway(s). TC

Within one complete navigation season following submission (site inspections can only be conducted during open water season).

7. 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 ESA issues.

Should be 3 months prior to the proposed construction date as determined by the proponent and based on substantial or non substantial interference.
8. Deposit and advertise, if required Deposit "Final Plans" and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and/or the Canada Gazette as directed by TC. 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.
9. Crown Consultation and accommodation Coordinated by NPMO with other federal departments, TC will follow the Crown consultation work plan (as outlined in Annex II) throughout the ESA and regulatory process, and, if necessary, will undertake additional Crown consultation and accommodation activities until the duty has been met to the satisfaction of the Minister. TC As per Crown Consultation work plan.
10. Address public comments and issues raised by Aboriginal groups regarding the Project's potential impact on navigation Through the ESA process and the additional NWPA proponent advertising requirements, should TC receive concerns from the public or Aboriginal groups regarding navigation, the Proponent and TC will work together to resolve concerns.

Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works.

TC will facilitate public comment process if required.
Proponent and TC To be completed within two months of completion of advertisement process.
11. 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.

12. Final application review process

Consistent with the Minister's decision above, perform a final review of all information on file, including technical information and public comments.

TC 4 weeks – following the receipt of any required additional information (section 3) and any necessary site inspection, public consultation and advertising.
13. Make regulatory decision Make regulatory decision under NWPA. TC

Within 90 calendar days after the Minister's decision if the NWPA application(s) submitted no later than the time of submission of the ESA. The regulatory decision will be contingent on

  1. The discharge of any legal Aboriginal consultation and accommodation obligations associated with the approval(s).
  2. Mitigation of public concerns to the satisfaction of the Minister of Transport.
Ongoing approvals may be issued as the development progresses, due to the restrictions with commencement and completion dates.
Date modified: