Question Period Note: Copper Redhorse / Port of Montreal Expansion

• Protecting the environment and biodiversity is a priority for our government.
• The environmental assessment process for the Port of Montreal expansion project is now complete. The Impact Assessment Agency of Canada concluded that the project is not likely to cause significant adverse environmental effects.
• Protecting species at risk is a shared responsibility, and our government is committed to working with provinces, territories, Indigenous peoples and all Canadians in implementing the Species at Risk Act and protecting critical habitat.
• No decisions have been made at this time as to whether authorizations or permits under the Fisheries Act or Species at Risk Act will be issued.
Port of Montreal Expansion (Contrecoeur project)
• DFO has reviewed the avoidance, mitigation and offsetting measures proposed by the proponent. My officials believe these measures would make it feasible for the project to occur without jeopardizing the survival and recovery of the Copper Redhorse.
• DFO is of the opinion that offsetting the impacts on Copper Redhorse for this project is possible, and the Department remains committed to protecting fish and fish habitat. We will continue to work with all interested parties prior to making any decisions on the project.

Copper Redhorse Critical Habitat
• The Copper Redhorse Critical Habitat Order was published in the Canada Gazette, Part II, on May 26, 2021.
• The Critical Habitat Order for the Copper Redhorse protects grass beds in the Montréal to Sorel portion of the St. Lawrence River, the littoral zone of the Richelieu River, and the rapids downstream from the Saint-Ours and Chambly dams of the Richelieu.
• While activities in areas of critical habitat may be permitted under the Species at Risk Act, the Government of Canada remains committed to helping this species recover.

Copper Redhorse CHO
• Copper Redhorse is listed under the Species at Risk Act (SARA) as an endangered species. Critical habitat (the habitat necessary for survival or recovery of the species) for Copper Redhorse was identified in the Recovery Strategy published in 2012.
• The Critical Habitat Order (CHO) for the Copper Redhorse was published in the Canada Gazette, Part II, on May 26, 2021, which triggered a prohibition under section 58(1) of SARA against the destruction of critical habitat for this species. This CHO was developed jointly with the Parks Canada Agency since part of the critical habitat found in the Richelieu River is managed by that agency.
• Activities, including those in areas of critical habitat, may be permitted under SARA as long as they meet certain conditions, most particularly, that mitigation measures are taken and that the activities do not jeopardize the survival or recovery of the species.
• Copper Redhorse critical habitat is also protected by other federal regulatory mechanisms, including subsection 35(1) of the Fisheries Act, which prohibits carrying on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.

Port of Montreal
• On April 6, 2021, DFO sent a letter to the proponent to inform them that their application for a Fisheries Act authorization was incomplete and that additional information was required. DFO is still waiting for the proponent’s responses. The proponent would like to start project construction by spring 2022.
• On March 25, 2021, media outlets reported on a publication by respected scientist Dr. Louis Bernatchez, that claims negative impacts on Copper Redhorse from the Contrecoeur port terminal expansion project are being underestimated by the federal government and that the benefits of the measures proposed to offset the loss of critical habitat remain speculative and hypothetical.
• On March 2, 2021, one day after the Minister of Environment and Climate Change concluded the federal environmental assessment process in favor of the project, CPAWS and the CQDE reiterated their intention to use all legal tools at their disposal to protect Copper Redhorse.
• It is anticipated that the implementation of avoidance, mitigation and offsetting measures proposed by the proponent will make it feasible to prevent the proposed activity from jeopardizing the survival and recovery of the Copper Redhorse. As such DFO anticipates that the Department will likely be able to issue authorizations under the Fisheries Act and SARA. However, a complete application for authorization has not yet been received and will need to be fully considered before a final decision is made.
• On August 30, 2016, the proponent submitted an application for authorization under the Fisheries Act; however, the timelines for review of the application were ceased pending the completion of the environmental assessment.
• An environmental assessment under the Canadian Environmental Assessment Act, 2012, led by the Agency was initiated in January 2015.
• The Montreal Port Authority is proposing the construction of a container port terminal with a maximum annual capacity of 1.15 million containers on its property located in Contrecoeur, approximately 40 km downstream from Montreal, on the St. Lawrence river. The project would also include a seven-track classification yard, a container storage and handling area, an intermodal rail yard, support facilities, rail and road accesses, a truck control area and a viaduct on Route 132. The project also involves the construction of a 675-metre dock for two berths to accommodate vessels between 39,000 and 75,400 deadweight tonnage.

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