Question Period Note: Copper Redhorse/Port of Montreal Expansion

Copper Redhorse/Port of Montreal Expansion

• Protecting the environment and biodiversity is a priority for the Government of Canada. Protecting and recovering species at risk is a shared responsibility, and our government is working with all Canadians in implementing the Species at Risk Act.
• The Port of Montreal Expansion Project is currently undergoing a rigorous environmental assessment, a process based on science and extensive consultations with Indigenous peoples and the public.
• No decisions have been made at this time as to whether the Project will be allowed to proceed to the regulatory phase and whether authorizations or permits under the Fisheries Act or Species at Risk Act will be required. As Copper Redhorse is an endangered species, it and other aquatic species will be carefully considered when reviewing such applications.

Background
Copper Redhorse
• Copper Redhorse is listed under the Species at Risk Act 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.
• A joint Ministerial Order to protect the critical habitat is required and is under development with the Parks Canada Agency since part of the critical habitat found in the Richelieu River is managed by the Parks Canada Agency. The critical habitat Order would trigger a prohibition under section 58(1) of SARA against its destruction.
• Copper Redhorse habitat is currently 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
• The Montreal Port Authority proposes 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 kilometers downstream from Montreal.
• The project would include the construction of a 675-metre dock for two berths to accommodate vessels between 39,000 and 75,400 deadweight tonnage (DWT).
• 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 is currently undergoing an environmental assessment under the Canadian Environmental Assessment Act, 2012, led by the Impact Assessment Agency of Canada (the Agency).
• The public comment period on the Environmental Impact Statement concluded in March 2018. The Agency is currently preparing the draft environmental assessment report for public and Indigenous consultation. Comments received during the consultation sessions will be considered by the Agency prior to releasing the final report.
• On August 30, 2016, the Fisheries Protection Program received an application for authorization under the Fisheries Act; however, the timelines for review of the application have currently ceased pending the completion of the environmental assessment.

Critical Habitat for Species at Risk
• Critical habitat of listed species at risk is protected under the Species at Risk Act.
• Activities, including those in areas of critical habitat, may be permitted under the Species at Risk Act 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.