Draft Joint Permitting / Regulatory Coordination Plan
Document Reference Number: 80
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.
|
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 |
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. |
|
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:
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:
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:
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:
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.