Question Period Note: Copper Redhorse/Port of Montreal Expansion

• Protecting the environment and biodiversity is a priority for our government.
• The Port of Montreal Expansion Project is currently undergoing a rigorous environmental assessment, including extensive consultations with Indigenous peoples and the public.
• 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 required.

Copper Redhorse
• 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.
• A joint Ministerial Order to protect Copper Redhorse 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. Once in place, the critical habitat Order will trigger a prohibition under section 58(1) of Species at Risk Act (SARA) against its destruction.
• Once finalized, the critical habitat Order is not anticipated to have any impact on the project since the Department has proactively considered and incorporated the proposed Order considerations into its advice and analysis of the project in the context of the environmental assessment (EA).
• Copper Redhorse is listed under 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.

Port of Montreal
• On November 18, 2020, the Impact Assessment Agency of Canada released the draft EA report for public comments. The report concluded that following the implementation of mitigation measures, the project will not have significant environmental impacts.
• DFO anticipates that the Department will likely be able to issue authorizations under the Fisheries Act and SARA, should there be a favorable conclusion to the EA.
• On November 9, 2020, DFO’s Quebec region [Information was severed in accordance with the Access to Information Act.] submitted comments to the Agency regarding the draft EA conditions for the project.
• On September 17, 2020, DFO and the Agency met with the Mohawk Council of Kahnawà:ke (MCK) to respond to a number of technical questions regarding the present project and the Quebec port expansion project (Laurentia).
• The public comment period on the EIS concluded in March 2018.
• 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.
• An environmental assessment under the Canadian Environmental Assessment Act, 2012, led by the Agency was initiated in January 2015.
• 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.
• 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.

Critical Habitat for Species at Risk
• Protecting species at risk is a shared responsibility, and our government is committed to working with provinces, territories and all Canadians in implementing the Species at Risk Act.
• Critical habitat of listed species at risk is protected under the Species at Risk Act through the making of a Critical Habitat Order.
• 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.