Draft Joint Permitting / Regulatory Coordination Plan

GCT Deltaport Expansion – Berth Four Project (DP4)

November 8, 2021

DRAFT FOR CONSULTATION

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 (the 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 also 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 or the EAO Project Information Centre (EPIC) at EPIC.

1.2 Purpose of the plan

This draft 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 Impact Assessment Act 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, providing more details regarding how issues are addressed through the assessment and other regulatory requirements or government initiatives specific to the issues raised (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 Canadian Impact Assessment Registry (the Registry) at https://iaac-aeic.gc.ca/050/evaluations/index?culture=en-CA, project reference 81010, and the EAO Project Information Centre (EPIC) at 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

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

Transport Canada

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://www.tc.gc.ca/eng/programs-623.html

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 the loading for 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://www.ic.gc.ca/eic/site/icgc.nsf/eng/home

Not available

No requirement for public consultation

No requirement for Indigenous consultation

Species at Risk Act

Fisheries and Oceans Canada (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.

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

Commercial Vehicle Safety and Enforcement

Ministry of Transportation and Infrastructure (MOTI)

The minister, or any person authorized by the minister, may, by general authority or by the issuance of a permit number or written permit, authorize 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.

 

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.

 

Not available

No requirement for public consultation

 

Environmental Management Act Waste Discharge Permit - Effluent*

Ministry of Environment and Climate Change Strategy (ENV) /Oil and Gas Commission (OGC)

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

 

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/OGC

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

 

Not available

No requirement for public consultation

 

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.

 

Not available

No requirement for public consultation

 

Environmental Management Act Petroleum Storage and Distribution Facilities Storm Water Regulation

Fuel Storage Registration*

ENV/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.

 

Not available

No requirement for public consultation

 

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

No requirement for public consultation

 

Health Act

Health Operating Permit

Applicable Health Authority

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

 

Not available

No requirement for public consultation

 

Heritage Conservation Act

Heritage Inspection Permit

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.

 

Not available

No requirement for public consultation

 

Heritage Conservation Act Heritage Investigation Permit

FLNRORD/OGC

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/OGC

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

 

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.

 

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 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.

 

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.

 

Not available

No requirement for public consultation

 

Water Sustainability Act tenure

FLNRORD

Require if dredging within the WMA

 

Not available

No requirement for public consultation

 

Water Sustainability Act (WSA) Section 9- Water Licence*

FLNRORD/OGC

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/OGC

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

No requirement for public consultation

 

Water Sustainability Act Section 11- Changes in and about a stream

FLNRORD/OGC

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

 

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.

 

Weed Control Act

Noxious Weed Control Permit

FLNRORD

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

 

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.

 

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).

 

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.

 

Not available

 

Wildlife Act

Fish Collection Permit

FLNRORD

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

 

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

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

   

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.

Document Reference Number: 80

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