Question Period Note: Major projects

How does Fisheries and Oceans Canada approach its role in assessing the environmental impact of development projects?

• Protecting fish and fish habitat is a top priority for this government, which is why we ensure that proposed projects are thoroughly assessed before they are built.
• Careful consideration of projects during impact assessment, including applying the strong legislative framework in the modernized Fisheries Act and other applicable legislation, ensures protection of fish and their habitats.
• We remain engaged in project reviews and will continue to work with proponents, other levels of government, Indigenous groups, and stakeholders, as appropriate.

• Mary River Project: The Mary River Phase 2 development proposal includes the construction and operation of a second ore dock capable of berthing Cape-size ore carriers, construction of the North Railway consisting of four bridges and 417 culverts, additional crossings along the Milne Inlet Tote Road, an increase up to 12 Mt/year of iron ore from the project site and transportation of this ore via the North Railway to Milne Port, and increased shipping activities through Milne Inlet to facilitate the transport of the increased ore.
• Roberts Bank Terminal 2: The Roberts Bank Terminal 2 Project includes the construction and operation of a new three-berth marine container terminal located at Roberts Bank in Delta, British Columbia, approximately 35 km south of Vancouver.

DFO Role and Authorities:
• The Fish and Fish Habitat Protection Program administers and ensures compliance with the fish and fish habitat protection provisions of the Fisheries Act and certain relevant provisions under the Species at Risk Act for development projects taking place in and around fish habitat.
• The Minister may issue authorizations under paragraphs 34.4(2)(b) and/or 35(2)(b) of the Fisheries Act following a site-specific review for works, undertakings, or activities that pose, respectively, a risk of death of fish by means other than fishing or the harmful alteration, disruption, or destruction of fish habitat. The authorization, when appropriate, may contain conditions for offsetting, monitoring, and reporting.
• The Program is also responsible for meeting the duty to consult, and when appropriate, accommodate, in relation to potential impacts on Aboriginal and Treaty rights related to authorizations or permits that may be
issued under the Fisheries Act or the Species at Risk Act.
• The Department also has specific legislative responsibilities in relation to federal environmental assessment
regimes including, among others, the Impact Assessment Act, and regimes in the territories and under land claims agreements.
• As a federal authority for impact assessments, Fisheries and Oceans Canada (DFO) provides expert information or knowledge in relation to its mandate. Under regimes in the territories and under land claims agreements DFO may also be a decision maker for a project.

• Mary River Project (Baffinland): My department supports the recommendation of the Nunavut Impact Review Board (the independent, arms-length body established through the Nunavut Agreement) that the project not be allowed to proceed at this time.
• Roberts Bank Terminal 2: My department has submitted its advice for the environmental assessment and will continue working on the next steps for the project as necessary.