Question Period Note: Roberts Bank Terminal 2, British Columbia

• My department is actively participating in the environmental assessment for the Roberts Bank Terminal 2 project.
• My department will assess new information requested from the proponent about project impacts and proposed mitigation measures, as it relates to my department’s mandate.
• We will continue to undertake meaningful consultation with Indigenous peoples and stakeholders, as well as continue our work to ensure that fish, marine mammals, and their habitats are protected.

SOUTHERN RESIDENT KILLER WHALE
• Our government is committed to the protection of Canada’s resident killer whales and to the recovery of these populations.
• We will continue to work in partnership with Indigenous peoples, key stakeholders, international partners and the province of British Columbia on immediate actions to reduce the impact of marine shipping and assist in the recovery of the Southern Resident Killer Whale.
• The Government has advanced initiatives to address the three key threats to the Southern Resident Killer Whale through the $1.5-billion Oceans Protection Plan, the $167.4-million Whales Initiative and $61.5 million in additional measures specific to the Southern Resident Killer Whale.

• The Vancouver Fraser Port Authority (VFPA) provided draft responses to all the Minister’s information requests at the end of April 2021. Fisheries and Oceans Canada (DFO) is currently working with other sectors and the Impact Assessment Agency of Canada (the Agency) to review those responses and will provide written comments to the VFPA via the Agency by the end of May 2021.
• On August 25, 2020, the Minister of Environment and Climate Change requested that the VFPA provide additional information in order to inform his decisions under the Canadian Environmental Assessment Act, 2012. The information request was posted on the Canadian Impact Assessment Registry and has paused the federal timelines until the information provided by the proponent satisfies the information request.
• Prior to considering issuance of a Species At Risk Act (SARA) s. 73 permit, the Minister must be of the opinion that s. 73(3) preconditions are met, including that the activity will not jeopardize the survival or recovery of the Southern Resident Killer Whale. There is uncertainty over whether these pre-conditions can be met.
• A SARA-compliant Fisheries Act authorization would be required for the project, should the proponent receive a favourable environmental assessment decision under the Canadian Environmental Assessment Act.
• On March 27, 2020, the Review Panel submitted its Report on the Project. It concluded that the project is likely to cause numerous significant adverse environmental effects taking into account the implementation of mitigation measures.
• DFO is analyzing the report in greater detail and will contribute to a Government Response to the Review Panel Recommendations, provide input to the Impact Assessment Agency of Canada on potential Decision Statement Conditions, and support the Agency in consultations with Indigenous groups and development of the Consultation and Accommodation Report.
• The Minister of Environment and Climate Change has extended the time limit for the issuance of the Decision Statement for the Project by 90 days due to circumstances arising from the COVID-19 pandemic. The Decision Statement is now required by November 23, 2020.
• Roberts Bank Terminal 2 will likely require the issuance of a SARA compliant Fisheries Act authorization for construction of the terminal in Southern Resident Killer Whale Critical Habitat. However, there is still uncertainty that the S.73(3) SARA preconditions, specifically the determination that the activity will not jeopardize the survival or recovery of the species, can be met.
• The proponent proposes to construct and operate a new three-berth container terminal at Roberts Bank in the Fraser River Estuary in British Columbia. The Project would be adjacent to the existing terminals. The proponent has stated that the new terminal would handle up to 260 container ships per year (520 ship movements) by 2030.

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