Mr. Speaker, I am pleased to be able to participate in this debate today. I hope we will get some clarity as we go throughout the rest of the day.
Let me begin with a summary of my thoughts.
Our government is committed to responsible resource development. DFO's mandate is to ensure that when proponents want to implement projects, specific criteria for the protection and recovery of species at risk, such as the beluga whale, are respected. I can assure everyone in the House that our government remains committed to the protection of species at risk and that DFO takes this responsibility seriously.
In addition to the measures under the Species at Risk Act, commercial, recreational, and aboriginal fisheries are protected under the Fisheries Act. This means that areas that support such fisheries are protected against serious harm, which includes protection of habitat and protection against the death of fish.
TransCanada Pipeline's proposed energy east project includes the construction and operation of a shipping terminal near the port of Gros-Cacouna, Quebec. The project involves the conversion of an existing pipeline and the construction of new pipeline sections to transport oil from Alberta and Saskatchewan to eastern Canada. The project includes the construction and operation of two shipping terminals, one in Cacouna, Quebec, and the other in Saint John, New Brunswick.
It is well known that the area around Cacouna is at certain times of the year inhabited by beluga whales.
I should mention at this time that I will be splitting my time with the hon. member for South Shore—St. Margaret's.
The project application has not yet been filed with the National Energy Board. TransCanada has not submitted a proposal for review, contrary to what my NDP colleagues have said. Therefore, complete details of the proposed development at Cacouna are not available.
Although the National Energy Board will be responsible for conducting the environmental assessment, DFO will intervene in the National Energy Board hearing process and will review the project and provide advice with respect to our mandate in accordance with well-established processes that rely on scientific information. In conducting the review, DFO will assess the project under both the Fisheries Act and the Species at Risk Act.
Under the Fisheries Act, experts will assess whether the project is likely to result in harm to fish and subsequently determine if potential harm can be alleviated with appropriate avoidance, mitigation, or offsetting measures. This is a robust process to ensure the ongoing productivity and sustainability of Canada's commercial, recreational, and aboriginal fisheries.
Under the Species at Risk Act, DFO will assess whether, first, all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted; second, whether all feasible measures will be taken to minimize the impact of the activity on a species or its critical habitat; and third, whether the activity will not jeopardize the survival or recovery of the species.
As we are all aware, and as I have already said, the St. Lawrence estuary beluga whale is a species at risk, and all efforts should be made to avoid impacts on the species.
It is for this reason that DFO has been actively engaged since the early stages of this project. DFO has provided information with respect to the requirements of the Fisheries Act and the Species at Risk Act to the proponent and has shared existing scientific reports and analyses with the Province of Quebec.
The proposed TransCanada energy east project is currently in the exploratory phase. In preparation for the proposed terminal at Cacouna, TransCanada submitted a proposal to Fisheries and Oceans Canada to conduct seismic testing and exploration drilling in order to define the geological structure of the proposed terminal site.
The department reviewed the proposal to determine whether it would adversely impact listed aquatic species at risk and whether it was likely to cause serious harm to fish, which is prohibited under the Fisheries Act. Again, the proposal was reviewed in accordance with well-established science-based processes.
Following the review, a Species at Risk Act permit was issued for the seismic survey project, but the survey was limited to a less sensitive time when beluga whales were less likely to be present. The permit required that the seismic testing be completed by April 30 of this year, which has been done.
Following the review of the proposed exploratory drilling project, DFO officials provided a letter back to TransCanada that included measures to avoid potential impacts on the St. Lawrence beluga. Measures included the presence of a marine mammal observer, ongoing monitoring of beluga presence, and the creation of a protection zone around the work site such that if belugas were observed within 500 metres of the work, then work would stop.
DFO advised the proponent that provided these mitigation measures were incorporated into TransCanada's plans, DFO was of the view that the exploratory drilling would not result in serious harm to fish, nor would it contravene the Species at Risk Act. This determination was based on a wealth of existing knowledge and scientific information.
The project proponent committed to avoiding impacts to the species by undertaking activities during less sensitive periods as well as by implementing mitigation measures during drilling to ensure that the St. Lawrence beluga whale is protected.
The Province of Quebec issued two authorizations for the exploratory drilling. In reaching its decision, the province relied on the same scientific information used by DFO.
As an example, on September 17, as per the protocol, drilling operations were shut down because of beluga presence in the area. In fact, this was exactly how it was supposed to work.
Since that time, on September 23 the Superior Court of Quebec issued an interlocutory injunction halting the drilling until October 15, 2014. However, let me be clear that the impact of that decision would not change anything concerning DFO's advice. This decision was entirely related to Quebec provincial laws and a provincial review and authorization process. I remain confident in the expertise of DFO staff and the review process that was followed at the federal level.
Throughout the upcoming review process, DFO will continue to be actively engaged in the environmental assessment to ensure the protection of the St. Lawrence beluga whale.
To demonstrate the thoroughness of our project reviews, I will highlight some of the steps implemented by DFO.
Upon receiving a project for review, DFO officials review the project in accordance with the requirements of the Fisheries Act and the Species At Risk Act. These reviews rely on the best available scientific information.
Officials review the information provided to determine whether additional information is needed to make a determination on whether serious harm to fish is likely and whether there are potential impacts to species at risk that must be considered. To ensure a complete analysis, consultation with other experts in the department, including our scientists, is performed.
If it is determined that the project is not likely to result in serious harm or to require a Species at Risk Act permit, the biologist notifies the proponent through a letter of advice, which may include measures to mitigate potential impacts to fish and fish habitat, including species at risk. If this determination cannot immediately be made, the biologist has discussions with the proponent on appropriate mitigation and offsetting to determine whether an authorization can in fact be issued.
For the review of the energy east project, including the proposed project activities at Cacouna, the National Energy Board review process will involve a hearing. DFO will have intervenor status at the hearing and will provide expertise to the process related to the department's mandate. This includes expertise with respect to marine mammals such as the St. Lawrence beluga.
Let me conclude by saying again that projects do not move forward unless they are safe for the environment and safe for Canadians.