Question Period Note: Bay du Nord Development Project

Bay du Nord Development Project

Fisheries and Oceans Canada (DFO) was an active participant during the entire environmental assessment process. In November 2021, DFO concluded that outstanding concerns relating to impacts on fish and fish habitat were addressed through project mitigations and the follow-up program.

Now that the environmental assessment has concluded, my department will work with the proponent to assess whether or not a Fisheries Act authorization is required.

In addition, we will continue to collaborate with the Impact Assessment Agency of Canada, the proponent, and other stakeholders in the follow-up program that the proponent is responsible for implementing.

If pressed:

While the Canadian Science Advisory Secretariat report on the project was published in January 2022, it reflects information available in 2019 and does not provide comments on subsequent information provided during the environmental assessment process.

The findings of the Canadian Science Advisory Secretariat report formed part of DFO’s initial advice provided to the Impact Assessment Agency of Canada in the spring of 2019, and were taken into account throughout the environmental assessment.

DFO has supported the Impact Assessment Agency of Canada during the environmental assessment since its commencement, including review of various reports and responses, participation in stakeholder and Indigenous engagement sessions, and meetings with the proponent to address DFO concerns.

• On April 6, 2022, after consideration of the Impact Assessment Agency of Canada’s (Agency) Environmental Assessment (EA) Report and the implementation of appropriate mitigation measures, the Minister of Environment and Climate Change determined that the project is not likely to result in significant environmental effects. The Minister issued a Decision Statement to the proponent, with conditions.
• Equinor (the proponent), in partnership with Cenovus group of companies, is proposing to install and operate a floating offshore oil and gas production facility in the Flemish Pass, approximately 500 kilometres east of St. John's, Newfoundland and Labrador, in the Atlantic Ocean. As proposed, the Bay du Nord Development Project would be in operation for approximately 30 years, with the potential for additional wells and tie-backs to the production facility.
• The EA for the project commenced in 2018 under the Canadian Environmental Assessment Act, 2012 (CEAA 2012), and then continued as a “hybrid” EA that considers elements under both CEAA 2012 and the Impact Assessment Act, when the latter came into force in 2019. The EA, led by the Agency, was integrated with the Canada-Newfoundland and Labrador Offshore Petroleum Board’s (C-NLOPB) Development Application process with the objective of promoting cooperation and coordinated action between federal and Board processes.
• Fisheries and Oceans Canada (DFO) was an active participant during the entire EA process from January 2019 through November 2021. This included the review of EA-related documents and participation at several meetings with the Agency and the proponent related to potential impacts of the project on the aquatic environment.
• A Canadian Science Advisory Secretariat (CSAS) peer review process was conducted in the spring of 2019 to support DFO’s review of the proponent’s draft Environmental Impact Statement. The CSAS report, detailing the 2019 findings, was published in January 2022, following internal delays.
• The CSAS report responds to specific questions and informs DFO’s overall advice to the Agency. CSAS reports are made public following an established publication process.
• On February 2, 2022, DFO sent a letter to the Agency to clarify the CSAS process that was undertaken in relation to the project. The letter also re-iterated that all of DFO’s outstanding project concerns have been addressed.
• The draft EA report was made public in August 2021, and concluded that the project is not likely to cause significant adverse environmental effects, taking into account the implementation of the identified mitigation measures.
• A number of fish, marine mammals, and sea turtles, including some listed under the Species at Risk Act, may be impacted by the project; however, after taking into account the implementation of the identified mitigation measures, the project is not likely to cause significant adverse environmental effects on those species. The draft EA Report also indicates that additional site-specific information and follow-up monitoring would be necessary to verify predicted effects on specific species.
• The Agency finalized its EA Report and conditions in November 2021. The Minister of Environment and Climate Change’s EA decision, and publication of the final EA Report, were expected by December 6, 2021; however, the Minister extended the time limit for his decision by 90 days to allow further time for review of the final EA Report. Subsequently, on March 4, 2022, it was announced that the Governor-in-Council had extended the time limit again by an additional 40 days (until April 15, 2022).
• DFO will work with the lead regulatory authority, the C-NLOPB, to ensure that conditions of the EA are met prior to the C-NLOPB issuing any operational authorization or permit.
• As part of the process, the proponent is required to provide detailed habitat surveys at the location of the project so DFO can assess whether or not a Fisheries Act authorization is required (i.e. if that habitat is to be destroyed or altered).

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