Question Period Note: Status of the Environmental Assessment of the Roberts Bank Terminal 2 Project

Status of the Environmental Assessment of the Roberts Bank Terminal 2 Project

• We understand that infrastructure projects play a vital role in our economy in creating jobs and economic growth.

ROBERTS BANK TERMINAL 2 PROJECT

o An independent three-member Review Panel was established to conduct the environmental assessment of the Project.
o The environmental assessment process, including the public hearing, will ensure the views of the public, Indigenous groups and affected communities will be sought and considered.
• As part of this process, our Government is committed to a meaningful Indigenous consultation process based on mutual respect and dialogue.
• We are conducting environmental assessments using fair, predictable processes that are grounded in science and traditional knowledge, and will make a final decision following receipt of the Review Panel’s report and recommendations.

• The Vancouver Fraser Port Authority proposes to construct and operate a new three-berth marine container terminal located at Roberts Bank in Delta, British Columbia. The Project as proposed would double the container capacity of the existing terminal and facilitate an increase of approximately 260 container ships per year (five per week) through the Juan De Fuca Strait.
• On January 7, 2014, the Government of Canada referred the environmental assessment of the Project to a Review Panel and on May 31, 2016, the Minister appointed a three-member independent Review Panel to conduct the environmental assessment.
• On January 30, 2019, the Review Panel held an information session in Vancouver to gather additional information from technical experts on the purpose of the Project. The Review Panel directed the Vancouver Fraser Port Authority, Transport Canada and Ashcroft Terminal to make presentations at the information session. The public was also invited to attend and observe the session.
• On April 24, 2019, the Minister amended the Review Panel’s Terms of Reference to include marine shipping associated with the Project as an activity incidental to the proposed marine terminal.
• The Review Panel held oral public hearings from May 14 to June 24, 2019, in Delta, Victoria, Vancouver and five First Nation communities. The public hearing provided opportunities for the Proponent and participants to share their perspectives on the potential environmental effects of the Project, and for the Proponent and participants to respond to concerns and questions.
• On August 27, 2019, the Review Panel closed the public record for the environmental assessment and all information necessary for the review is now posted to the public registry. The Review Panel is writing its report with a deadline of April 2, 2020, for submission to the Minister of the Environment and Climate Change.
• On March 28, 2019, GCT Canada Ltd., a competitor of the Vancouver Fraser Port Authority, filed two applications for judicial review with the Federal Court:
o One application named the Port Authority and the Attorney General as respondents. It sought to compel the Port Authority to conduct a permitting process for CGT Canada Limited Partnership’s proposed Deltaport Fourth Berth Project.
o The other application named the Agency and the Attorney General as respondents. This Application sought orders from the Court prohibiting the public hearing until the Review Panel had addressed issues raised by GCT.
• On August 12, 2019, the Court ordered that this litigation be held in abeyance (stayed indefinitely), upon being advised by GCT that it may choose to discontinue the application. The order also adjourned upcoming dates in the litigation.
• There are 46 Indigenous groups being consulted on the Project and/or associated marine shipping. Concerns raised so far include effects on salmon, crab and shellfish harvesting, cultural practices, interference by shipping activity on the exercise of rights, and cumulative effects from increased ship traffic, including on Southern Resident Killer Whales.
• Under CEAA 2012, timelines have been established for this Project as follows:
• The timeline for the Panel to be established was 150 days (five months) from the referral of the Project to a Review Panel (completed).
• The timeline for the Panel to submit its report is 430 days (14 months) from the establishment of the Review Panel (underway).
• The timeline for the Minister to issue the Decision Statement is 150 days (five months) from submission of the Review Panel’s report.

Question Period notes as provided by the Department to the Minister’s Office