Mr. Speaker, with regard to (a), on January 20, 2014, the fisheries protection program--regulatory reviews, a division of Fisheries and Oceans Canada, received details of the proposed marine terminal project, which, overall, remains the same as the one submitted in 1996. A comprehensive level environmental assessment was conducted in 1996 and concluded that the project would not cause significant effects. After consultation with the Canadian Environmental Assessment Agency, it was determined that CEAA 2012 does not apply to the current proposal. See the letter to the proponent dated December 12, 2013.
The Fisheries Act requires that projects avoid causing serious harm to fish unless authorized by the Minister of Fisheries and Oceans Canada. This applies to work being conducted in or near water bodies that support fish that are part of or support a commercial, recreational, or aboriginal fishery. As a result, the proponent will submit an application for authorization under the Fisheries Act, and Fisheries and Oceans Canada will conduct a review to determine whether there is likely to be serious harm to fish and to determine measures to mitigate, avoid, or offset serious harm.
With regard to (b), the Fisheries Act applies to all water bodies in Canada with a focus on protecting commercial, recreational, and aboriginal fisheries, and fish that support those fisheries.
With regard to (c), standard, best management practices to protect fish and fish habitat are applicable to all fisheries, and DFO will ensure that these are considered throughout the project life.
With regard to (d), the project proposal is currently being reviewed by departmental officials and it is likely that lobster and crab species are present in the project area. Further assessment is required.
With regard to (e), the conditions imposed on McInnis Cement will be determined upon completion the Fisheries Act review and will focus on avoiding and/or mitigating impacts to fish or fish habitat that are part of or support commercial, recreational, or aboriginal fisheries. Officials of Fisheries and Oceans Canada will use the Fisheries Protection Policy Statement, found at http://www.dfo-mpo.gc.ca/pnw-ppe/pol/index-eng.html, as guidance when administering the fisheries protection provisions of the Fisheries Act.
With regard to (f), depending on the outcome of a Fisheries Act review, the Minister of Fisheries and Oceans may issue an authorization with terms and conditions in relation to a proposed work, undertaking, or activity that may result in serious harm to fish. The conditions could include mitigation, offsetting, and monitoring measures.
With regard to (g), in line with the Fisheries Act and with guidance from the Fisheries Protection Policy Statement of 2013, DFO’s approach to fisheries protection will ensure that these valuable commercial, recreational, and aboriginal fisheries thrive.
With regard to (h), should any negative impacts be identified during the department’s review, the proponent will be required to ensure that measures to avoid, mitigate, or offset these negative impacts are put in place.
With regard to (i), in relation to the currently submitted project, no fishers’ associations have been consulted. However, based on proposed compensation by the proponent, which could include lobster reefs, there is potential for consultation to occur with the Regroupement des pêcheurs professionnels du sud de la Gaspésie fishers’ association.
With regard to (j), the analysis is conducted with the proponent and direct negotiations do not occur between Fisheries and Oceans Canada and fishers. The proponent remains in continuous contact with the above-mentioned fishers’ association.
With regard to (k), the review is currently in progress, and details on measures to avoid, reduce, and offset serious harm to fish and fish habitat have not yet been determined. Should offsetting compensation be required as a condition in a Fisheries Act authorization for this project, DFO will work with the proponent in order to ensure that a suitable offsetting plan has been developed.