Joint Permitting / Regulatory Coordination Plan
GCT Deltaport Expansion – Berth Four Project (DP4)

PDF Version 763 KB

Document Reference Number: 209

May 31, 2022

Final Version

1. Introduction

1.1 Project Background

GCT Canada Limited Partnership (the proponent) is proposing to expand its existing GCT Deltaport Container Terminal, a container storage and handling facility located in Delta, British Columbia. The GCT Deltaport Expansion – Berth Four Project (the project) would add a fourth berth on the east side of the Roberts Bank Causeway, and include an expansion of the intermodal rail yard along the causeway (Roberts Bank Way) and dredging to provide safe access for ships. The additional land-based container storage and handling facilities would provide an additional two million 20-foot-long storage containers per year at the existing terminal. For additional information refer to the Detailed Project Description.

On October 28, 2021, the Impact Assessment Agency of Canada (the Agency) determined that an impact assessment is required for the project, pursuant to Canada's Impact Assessment Act (IAA). Likewise, on the same date, the British Columbia Environmental Assessment Office (EAO) provided a notice of decision under Subsection 18(1) of the Environmental Assessment Act (2018) (the B.C. Act) that the project will proceed to an environmental assessment.

On November 3, 2021, the federal Minister of Environment and Climate Change referred the assessment to an independent review panel. The EAO intends to principally rely on the federal review panel's impact assessment to meet the provincial requirements for an environmental assessment. Each government retains the power to make their own decisions regarding the project.

For more information on the assessment of the project or to view the information and comments received, visit the Canadian Impact Assessment Registry (the Public Registry) at GCT Deltaport Expansion - Berth Four Project - Canada.ca (iaac-aeic.gc.ca) or the EAO Project Information Centre (EPIC) at EPIC (gov.bc.ca).

1.2 Purpose of the plan

This Joint Permitting / Regulatory Coordination Plan (the plan) was developed jointly by the Agency and EAO in support of the coordinated assessment process. The plan has been developed to incorporate the federal IAA requirements for a permitting plan and the EAO's Process Planning Policy requirement for a provincial regulatory coordination plan.

The purpose of the plan is to outline the key federal and provincial regulatory instruments, including permits, licences and authorizations that may be required for the proposed project (see Section 2, Tables 1 and 2). These regulatory instruments may be required should (1) the federal Minister of the Environment and Climate Change issue a decision statement to the proponent with enforceable conditions to allow the project to proceed, and (2) should the provincial Minister of Environment and Climate Change Strategy and the responsible Minister issue an environmental assessment certificate (EAC), allowing the project to proceed. The plan does not create any new legal requirements. Applications for regulatory instruments may be made during the assessment, but an EAC and federal decision statement allowing the project to proceed must first be obtained before any subsequent permits or authorizations can be issued.

Municipal and/or Indigenous government permits and approvals may also be required for the project but are not discussed in this plan.

The list of regulatory instruments may not be exhaustive and may be subject to change. The Agency and the EAO may revise the plan during the impact assessment process in response to new information or advice from the proponent, regulators, Indigenous nations, the public, jurisdictions or other participants in the process, and in order to accommodate any changes with respect to the project that may occur during the assessment.

The EAO maintains an issues tracking table through the assessment in collaboration with other provincial agencies and Technical Advisory Committee members. The purpose of this table is to provide information regarding how issues will be and/or have been addressed through the assessment and other regulatory requirements or government initiatives specific to the issues raised. Please see the EAO's Regulatory Coordination Issues Tracking Table for the project on EPIC.

Any revisions to the plan will be made publicly available on the Public Registry and EPIC. The Regulatory Coordination Issues Tracking Table and any updates to the table will be posted on EPIC.

2. Required Regulatory Instruments Identification and Justification

Information about federal and provincial regulatory instruments that may be required should the project be approved to proceed can be found in Tables 1 and 2 below, respectively. In some cases, Tables 1 and 2 may include links to relevant federal and provincial guidance providing supporting details.

Tables 1 and 2 include the following information:

  • the name of the primary permit, licence and authorization (regulatory instrument) and its purpose;
  • the agency responsible for the regulatory instrument;
  • the proponent's anticipated submission dates of permit applications (if known);
  • known Indigenous and public engagement activities associated with the regulatory instruments; and
  • contact information of the agency responsible for issuing the regulatory instruments.

Should the project receive a positive decision under the IAA and the B.C. Act, the proponent may proceed to permitting. The proponent estimates that this permitting would occur from late 2022 to mid 2025. For additional information refer to the Detailed Project Description.

Table 1: Federal Regulatory Instruments and Engagement Opportunities

Act and Regulatory Instrument

Responsible Agency

Overview

Additional Resources and Contact Information

Anticipated Timing of Proponent's Submission

Public Engagement Opportunities

Indigenous Engagement Opportunities

Aeronautics Act

Canadian Aviation Regulations

Obstruction Clearance Permit

Transport Canada (TC)

An Obstruction Clearance Permit in relation to the construction associated with the Project may be required to address issues such as marking and lighting. New structures may pose a hazard to aviation.

Aeronautics Act (R.S.C., 1985, c. A-2)
https://laws-lois.justice.gc.ca/eng/acts/A-2/page-1.html

Canadian Aviation Regulations (SOR/96-433)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-96-433/

Aeronautical Obstruction Clearance – Obstruction Marking and Lighting – Canadian Aviation Regulations (CARs)
https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/canadian-aviation-regulations-sor-96-433/standards/standard-621-obstruction-marking-lighting-canadian-aviation-regulations-cars

For more detailed guidance on the Aeronautics Act regulations, please contact the Transport Canada regional office.

Transport Canada website:
https://tc.canada.ca/en

Transport Canada Pacific Region website:
https://tc.canada.ca/en/pacific-region

Not available

No requirement for public consultation

No requirement for Indigenous consultation

Canada Marine Act and associated regulations

Permit

Operational Lease Amendment

Vancouver Fraser Port Authority (VFPA)

Project and field investigations may require a permit under VFPA's Project and Environmental Review process.

Project may also require an amendment to the Operational Lease Agreement for works covered under the VFPA managed federal lands and waters.

Canada Marine Act
https://laws-lois.justice.gc.ca/eng/acts/c-6.7/

For more detailed guidance on VFPA permits, please contact the VFPA:
https://www.portvancouver.com

Not available

May be required

Yes – Required.

Canadian Navigable Waters Act

Approval

TC

Approval for a proposed work in a Scheduled Water.

Canadian Navigable Waters Act
https://www.tc.gc.ca/eng/canadian-navigable-waters-act.html

A Guide to the Navigation Protection Program's Notification, Application and Review Requirements:
https://www.tc.gc.ca/eng/programs-673.html

Apply to the Navigation Protection Program:
https://npp-submissions-demandes-ppn.tc.canada.ca/

Public Registry for projects submitted to Transport Canada:
https://common-project-search.canada.ca/

For more detailed guidance on the Canadian Navigable Waters Act and associated licences and authorizations, please contact Transport Canada.

Transport Canada website:
https://tc.canada.ca/en

Transport Canada Pacific Region website:
https://tc.canada.ca/en/pacific-region

Not available

The owner must publish a notice about the proposed work for review. Interested parties are invited to provide comments within 30 days after the publication of the notice, or within any other period specified by the Minister.

If the proposed work triggers the legal duty to consult with Indigenous groups, the owner may need to provide detailed information necessary to ensure consultations are adequate.

Disposal at Sea Permit, as per Part 7, Division 3 of the Canadian Environmental Protection Act, 1999

Environment and Climate Change Canada

Disposal at Sea Permit may be required for loading for the purposes of disposal and disposal of waste or other matter at sea.

Canadian Environmental Protection Act (1999) (S.C. 1999, c. 33)
https://laws-lois.justice.gc.ca/eng/acts/c-15.31/FullText.html

Disposal at sea permit application guide: https://www.canada.ca/en/environment-climate-change/services/disposal-at-sea/permit-applicant-guide.html

ECCC Pacific Region Contact Information:

Pacific and Yukon
Marine Programs
Environmental Protection Operations Directorate
Environmental Protection Branch
Environment and Climate Change Canada
201-401 Burrard St
Vancouver BC V6C 3S5
Fax: 604-666-6800
Email: ec.immersionenmerrpy-disposalatseapyr.ec@canada.ca

Not available

May be required.

Yes – Required.

Fisheries Act

Authorization

Fisheries and Oceans Canada (DFO)

Authorization under Section 34.4(2)(b) and 35(2)(b) of the Fisheries Act may be required for any works, undertakings or activities that would result in death of fish or harmful alteration, disruption, or destruction (HADD) of fish habitat.

Fisheries Act, R.S.C. 1985, c F-14
https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html

Authorizations Concerning Fish and Fish Habitat Protection Regulations: SOR/2019-286
http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors286-eng.html

An Applicant's Guide to Support the Authorizations Concerning Fish and Fish Habitat Protection Regulations:
http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/applicants-guide-candidats-eng.html

Request a review of your project near water:
http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/request-review-demande-d-examen-001-eng.html

Public registry for authorizations issued under the Fisheries Act:
https://common-project-search.canada.ca/

For more detailed guidance on this authorization, please contact the relevant DFO regional office listed on DFO's website.

Not available

The applicant is required to include information about any consultation undertaken with the public prior to submitting an application.

Yes - Required.

Radiocommunication Act

Radio License

Innovation, Science and Economic Development Canada

A Radio License may be required for use of radio frequencies and communication use / methods.

Radiocommunciation Act (R.S.C., 1985, c. R-2)
https://laws-lois.justice.gc.ca/eng/acts/r-2/

For more detailed guidance on the license, please consult the departmental website:
https://iaac-aeic.gc.ca/eic/site/icgc.nsf/eng/home

Not available

No requirement for public consultation

No requirement for Indigenous consultation

Species at Risk Act

SARA Permit

Approval

DFO

A permit under the Species at Risk Act may be required if project activities affect an aquatic species listed on Schedule 1 of the Act or if project activities result in the destruction of critical habitat that has been identified and protected under the Act.

Species at Risk Act (S.C. 2002, c. 29)
https://laws-lois.justice.gc.ca/eng/acts/S-15.3/

Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-140/index.html

Permitting under the Species at Risk Act:
https://www.dfo-mpo.gc.ca/species-especes/sara-lep/permits-permis/index-eng.html

Guidelines for permitting under Section 73 of Species at Risk Act. Available at:
https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry/policies-guidelines/permitting-under-section-73.html

Contact Information:

Pacific Region
Fisheries and Oceans Canada
200-401 Burrard Street
Vancouver, BC V6C 3S4
Tel: (604) 666-7907
E-mail: sara@pac.dfo-mpo.gc.ca

At least 90 days prior to beginning the proposed activity

No requirement for public consultation

Yes - Required.

Species at Risk Act

SARA Permit

Parks Canada Agency

A permit under the Species at Risk Act may be required if project activities affect any species listed on Schedule 1 of the Act or if project activities result in the destruction of critical habitat that has been identified and protected under the Act that falls within lands and waters administered by Parks Canada.

Species at Risk Act (S.C. 2002, c. 29)
https://laws-lois.justice.gc.ca/eng/acts/S-15.3/

Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-140/index.html

Guidelines for permitting under Section 73 of Species at Risk Act. Available at:
https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry/policies-guidelines/permitting-under-section-73.html

Species at Risk Act (SARA) permits and agreements:
https://wildlife-species.canada.ca/species-risk-registry/sar/permit/permits_e.cfm

Contact information:

Parks Canada National Office
30 Victoria Street
Gatineau, QC, J8X 0B3
Tel: 1-888-773-8888
E-mail: pc.information.pc@canada.ca

At least 90 days prior to beginning the proposed activity

No requirement for public engagement

Yes - required

Table 2: Provincial Regulatory Instruments and Engagement Opportunities

Act and Regulatory Instrument

Responsible Agency

Overview

Additional Resources

Anticipated Timing of Proponent's Submission

Public Engagement Opportunities

Indigenous Engagement Opportunities

Commercial Transportation Act

Commercial Transportation Regulations Permit

Ministry of Transportation and Infrastructure (MOTI)

An authorization for the driving or operation on a highway of a commercial vehicle that does not conform to the weight and dimension specifications, and the fee for the permit is that specified in the Commercial Transport Fees Regulation.

Commercial Transportation Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96058_01

Not available

No requirement for public consultation

B.C. will consult with and, where necessary, accommodate Indigenous nations in relation to land and resource decisions that have potential to adversely impact their Aboriginal Interests. Additional statutory requirements may apply.

Drinking Water Protection Act
Construction and Operation Permits

Applicable Health Authority

Required for all water systems.

Drinking Water Protection Act [SBC 2001]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_01009_01

Additional information:
https://www2.gov.bc.ca/gov/content/health/about-bc-s-health-care-system/office-of-the-provincial-health-officer/laws-related-to-health-in-bc/drinking-water-protection-act

Not available

No requirement for public consultation

Environmental Management Act
Waste Discharge Permit - Effluent

Ministry of Environment and Climate Change Strategy (ENV)

An authorization/permit to allow the discharge of water borne contaminants (effluent) into the environment.

Environmental Management Act [SBC 2003]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03053_01

Waste discharge authorizations additional information: https://www2.gov.bc.ca/gov/content/environment/waste-management/waste-discharge-authorization/apply

Not available

Through the Public Engagement Regulation and the Applications Instructions Document, there is a requirement for the applicant to engage with the general public to explain their proposed project/amendment to the general public. This includes posting to local paper and other locations. The applicant is also required to record any feedback or issues they receive and what their response is to these issues/concerns. All of this is required as part of their application package to ENV.

Environmental Management Act
Waste Discharge Permit - Air

ENV

An authorization/permit to allow the discharge of air borne contaminants into the environment.

-

Not available

Environmental Management Act
Municipal Wastewater Regulation - Waste Discharge Permit Effluent

ENV

The regulation specifies the information necessary to register or to receive authorization under the regulation to discharge effluent resulting from sewage treatment. The regulation provides requirements for treatment design, operation, monitoring and reporting as well as the requirements for effluent quality and quantity to limit the impacts of high nutrient levels, TSS, and coliforms.

Municipal Wastewater Regulation additional information:
https://www2.gov.bc.ca/gov/content/environment/waste-management/sewage/municipal-wastewater-regulation

Not available

Environmental Management Act
Petroleum Storage and Distribution Facilities Storm Water Regulation

Fuel Storage Registration

ENV/Oil and Gas Commission (OGC)

Applicable to facilities that store 100,000 litres or more of petroleum (refined hydrocarbons) and/or waste oil. This regulation identifies the separation system requirements for design and management. It specifies limits on total extractable hydrocarbons.

Petroleum Storage and Distribution Facilities Storm Water Regulation
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/38_168_94

Not available

Environmental Management Act
Hazardous Waste Regulation

ENV

Registration and application to produce, store, treat, recycle or discharge hazardous wastes including hydrocarbons (waste oil, grease, antifreeze hydraulic fluid, and so forth.), solvents, fluorescent lamps, lead cupels, used batteries and biomedical waste.

-

Not available

Public Health Act

Health Operating Permit

Applicable Health Authority

Industrial camps require separate permits for: food service, sewage disposal and drinking water.

Public Health Act [SBC 2008]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/08028_01 https://www2.gov.bc.ca/gov/content/health/about-bc-s-health-care-system/legislation/public-health-act

Health Operating Permit additional information:
https://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/starting-a-business/starting-a-restaurant-in-bc/permits-licences/health-operating-permit

Not available

No requirement for public consultation

Heritage Conservation Act

Heritage Inspection Permit

Ministry of Forest, Lands, Natural Resources and Rural Development (FLNRORD)

If an Archaeological Overview Assessment (AOA) for the Project during the Impact Assessment phase identifies further archaeological assessment is required, the heritage inspection permit will be required. It is not anticipated at this time but if a known archaeological site cannot be avoided by the Project, an investigation and alteration permit would be required for construction.

Heritage Conservation Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96187_01

Additional information:
https://www2.gov.bc.ca/gov/content/industry/natural-resource-use/archaeology/permits

Not available

No requirement for public consultation

Heritage Conservation Act
Heritage Investigation Permit

FLNRORD

A heritage investigation is undertaken in order to recover information which might otherwise be lost as a result of site alteration or destruction; requires an archaeological impact assessment.

-

Not available

No requirement for public consultation

Heritage Conservation Act

Site Alteration Permits

FLNRORD

A site alteration permit is required if any archaeological sites may be affected by construction of the project. The permit must be acquired and held by a registered Archaeologist.

-

Not available

No requirement for public consultation

Integrated Pest Management Act

Pesticide Use Permit

ENV

Use of pesticides in, or on a body of water, require a Pesticide Use Permit under the Integrated Pest Management Act outlined in section 18 of the IPM regulation.

Integrated Pest Management Act [SBC 2003]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_03058_01

Not available

Pesticide Use Permits require public and First Nations consultation, as well as a detailed treatment plan

Land Act

Crown Licence of Occupation

(or Lease or other tenure)

FLNRORD/OGC

Required license for field investigations, if within provincial Crown land. Lease for expansion of terminal into provincial Crown land.

Land Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96245_01

Not available

If the minister considers it advisable in the public interest, the minister may require the applicant to post a notice of the application for public comments that will be considered by the decision maker.

Land Act

Land Act tenure

FLNRORD

Required if using land within the WMA. Possible amendment to an existing Order in Council

-

Not available

No requirement for public consultation

Transportation Act

Permits for works on rights of way

MOTI

Includes utilities, exploratory surveys, monitoring wells etc.

Transportation Act [SBC 2004]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04044_01

Not available

Under the Consultation and Notification Regulation affected landowners and rights holders are provided an opportunity to be engaged. Within the regulation, consultation and notification distances are outlined based on the oil and gas activity that is being carried out.

Transportation Act and Industrial Roads Act

Access permits

MOTI

Highway Access Permits include:

  • Access over Unconstructed Rights-of-Way;
  • Commercial Access;
  • Resource and Industrial Road Access; and
  • Access to a Controlled Access Highway.

Highway access permits are required for all accesses. Controlled Access Highways carry stringent requirements for access, with a preference for an alternate access to a development.

Industrial Roads Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96189_01

Not available

No requirement for public consultation

Water Sustainability Act (WSA)

Permit (Section 11- Changes in and about a stream)

FLNRORD

Require if dredging within the WMA.

Water Sustainability Act [SBC 2014]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/14015

Additional information:
https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/laws-rules

Not available

No requirement for public consultation

Water Sustainability Act

Section 9 - Water Licence

FLNRORD

Any ongoing water use or diversion, or the construction of a regulated dam, requires a water license (for example, hydropower facility or other long-term water use for construction or operations). Water licenses can also be appropriate where works within a stream require ongoing maintenance. Application for authorization will include a list of all diversions and associated EAs for effects specific to the water body.

-

Not available

Under WSA Section 13, notice of the application must be sent to any of the following:

  • An authorization holder, an applicant for an authorization or a riparian owner whose rights the decision maker considers are likely to be detrimentally affected
  • A land owner whose land is likely to be physical affected

In addition, under Section 14 of the WSA Water Sustainability Regulation, any persons in the above categories may request notice of the application.

Notice of the application may also be sent to any person whose input the decision maker considers advisable (for example, if the application has significant public interest, such as a pumped storage project on a lake).

Any person given notice of an application has the legal right to object and a further right to appeal a future decision on the application.

The decision maker also has the discretion and authority to send out referrals to government agencies or other entities for comments on an application. A referral does not grant legal objector status.

Water Sustainability Act

Section 10 - Use approvals

FLNRORD

Short-term (up to 24 months) diversion or use of water (surface water or groundwater) for construction purposes will require a WSA authorization. Short-term use approvals also allow for the construction of most works related to the diversion and use of water.

-

Not available

Water Sustainability Act

Section 11 - Changes in and about a stream

FLNRORD

Project construction activities that affect a stream or surrounding riparian area (i.e., below the natural boundary) will require a WSA approval.

-

Not available

Weed Control Act

Noxious Weed Control Permit

FLNRORD

Chemical control of invasive plants on site during construction and operation.

Weed Control Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96487_01

Not available

No requirement for public consultation

Wildlife Act

Amphibian and Reptile Salvage

FLNRORD

A permit to undertake amphibian salvage activities if any of five species which may occur in the project area are identified during project-related activities within or adjacent to a wetland during the breeding season (mid-April to mid-August).

Wildlife Act [RSBC 1996]
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96488_01

Additional information:
https://www2.gov.bc.ca/gov/content/environment/plants-animals-ecosystems/wildlife

Not available

Wildlife Act

Beaver and Beaver Dam Removal

FLNRORD

A permit to remove or alter any beaver dam or lodge encountered during construction or operations.

Additional information:
https://www2.gov.bc.ca/gov/content/transportation/transportation-infrastructure/engineering-standards-guidelines/environmental-management/reference-documents/environmental-regulatory-compliance/wildlife

Not available

Wildlife Act

Fish Collection Permit

FLNRORD

A permit to collect and/or move fish for scientific or other non-recreational purposes

Additional information:
https://www2.gov.bc.ca/gov/content/transportation/transportation-infrastructure/engineering-standards-guidelines/environmental-management/reference-documents/environmental-regulatory-compliance/fish-collection-habitat

Not available

No requirement for public consultation

Wildlife Act

Wildlife Handling Permit

FLNRORD

Handling wildlife including birds for relocation during construction.

-

Not available

No requirement for public consultation

Wildlife Act

Permit

FLNRORD

Required if impacting wildlife within the WMA

-

Not available

No requirement for public consultation

Wildlife Management Area (WMA) Authorization

FLNRORD

Authorization as described in the order in council.

Order in Council 908, 1977
https://www.bclaws.gov.bc.ca/civix/document/id/oic/arc_oic/0908_1977

Additional information:
https://www2.gov.bc.ca/gov/content/environment/plants-animals-ecosystems/wildlife/wildlife-habitats/conservation-lands/wma

Not available

No requirement for public consultation

3. Contact Information

The Agency office designated for administering the impact assessment for this project is:

Impact Assessment Agency of Canada: GCT Deltaport Expansion – Berth Four Project
160 Elgin Street, 22nd Floor
Ottawa ON K1A 0H3
Tel.: 343-572-7144
Email: deltaport@iaac-aeic.gc.ca

The EAO's office designated for the project is:

BC Environmental Assessment Office
2nd Floor 836 Yates St
PO Box 9426 Stn Prov Govt
Victoria BC V8W 9V1
Email: EAO.DP4@gov.bc.ca
EAO Contacts: https://projects.eao.gov.bc.ca/p/5f7229183f4bc0002165e839/project-details - see Contacts section.

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