Common use of Fisheries Act Clause in Contracts

Fisheries Act. authorization If appropriate, DFO issues a Fisheries Act authorization to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 90 calendar days after DFO makes an appropriate course of action decision. Decision will be contingent upon receipt of an acceptable FHCP (including financial security) and the discharge of any legal Aboriginal consultation obligations associated with the authorizations. Issuance of the authorization(s) may also consider the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review and request for a lease agreement pursuant to section 45(3) of the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement from the Proponent pursuant to section 45(3) of the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms). Proponent Dependent on timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review of information provided to support the application and the request for a lease agreement PAPA reviews the Proponent’s application for a project review and request for a lease agreement to ensure that all of the required information is included and to determine whether the complexity of the project requires additional funding by the Proponent prior to completion of review. PAPA Within 4 weeks of receipt of the application for a project review and request for a lease agreement. Request for clarification or additional information If there are aspects of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient to allow for a comprehensive review. PAPA Within 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreement. Proponent Determined by the Proponent. Review of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate information. Course of Action Decision under PAPA reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project can be approved and whether a lease agreement can be signed. Subject to examination and inclusion of pertinent project requirements from the approved EA. If course of action decision allows for proceeding with the project and a lease agreement, the subsequent activities and milestones will apply. the Environment’s EA Decision Statement being posted on the CEARIS. Decision regarding signature of a lease agreement If appropriate, PAPA will draft the lease agreement and submit to the Proponent for its review. PAPA Within 4 weeks from Course of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as required. Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent Determined by the Proponent, if required. Final application review process Perform a final review of all information on file, including technical information and public comments. TC 4 weeks

Fisheries Act. authorization If appropriate, DFO issues DFO’s requirement is for the proponent to submit a Fisheries Act authorization separate FHCP which specifically offsets the loss of fish habitat associated with the deposit of deleterious substances into the TIA. This information will be used to support the Proponent for EA decision and the amendment to Schedule 2 of the MMER. Review and response regarding impacts to fish and fish habitat. XXX XXX issues the authorization 90 calendar days after DFO makes an appropriate course , and adequacy of action decision. Decision will be contingent upon receipt of an acceptable FHCP (including financial security) and the discharge of any legal Aboriginal consultation obligations information associated with the authorizationsproposed TIA DFO and EC review the information (including the assessment of alternatives for mine waste disposal, proposed mitigation, proposed FHCP(s) and associated estimate(s) of financial security, if provided) for adequacy and respond to the Proponent as part of DFO/EC comments on the draft EIS. Issuance EC will lead the review to determine the adequacy of the authorization(s) may also consider information in the alternatives assessment submitted by the proponent and, in consultation with DFO, will provide comments to the Proponent on any noted deficiencies. The Proponent will be invited to respond to such comments with the objective being to provide federal officials with sufficient information to determine whether or not proposed disposal option should proceed with review. Should the information be incomplete, DFO/EC will request the required information from the Proponent to proceed with DFO/EC Within 4 weeks from the end of the public comments period on draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriatereview. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review and request for a lease agreement pursuant to section 45(3) of additional information7 DFO/EC receive the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement from the Proponent pursuant to section 45(3) of the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms)additional information. Proponent Dependent on timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review Response on Deficiencies2 DFO, with EC input, will review the additional information related to fish, fish habitat and the FHCP to offset the loss of fish habitat associated with the proposed TIA. EC, with DFO input, will review the additional information related to the alternatives assessment and the associated justification that it is the most appropriate option. DFO/EC requests further information, if required, to proceed with the review. DFO/EC Within 4 weeks of submission of additional information Determination of adequacy of information for EA DFO determines that adequate information on fish and fish habitat, including FHCP(s), has been provided in the EA. DFO advises the Proponent that information is sufficient to allow a determination relative to the significance of adverse effects on fish and fish habitat for the EA8. DFO and EC also inform the Proponent of any additional information requirements that may be necessary to support the application regulatory decision and associated process for MMER scheduling, including the request requirement for a lease agreement PAPA reviews DFO with EC Adequate information on the Proponent’s application FHCP, considered mitigation for a project review and request the EA, must be provided during the EA for a lease agreement to ensure that all of inclusion in the required information is included and to determine whether the complexity of the project requires additional funding by the Proponent prior to completion of reviewEA report before it can be completed. PAPA Within 4 weeks of receipt of Final EIS. 7 These steps are iterative until DFO/EC are satisfied that the application information is adequate to support the EA. 8 At this stage, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable prior to making the recommendation to EC to proceed. Any proposed changes to the FHCP after the Course of Action Decision under CEAA may affect the timing of subsequent regulatory decision-making steps and in some cases, may require that steps, including EA steps, be reconsidered if a project review revised FHCP introduces changes such as the addition of a new component, an increased size of a component or a change in location of a component MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD financial security in relation to the FHCP. DFO, with EC support as required, will undertake or participate in coordinated Aboriginal consultation activities relative to fish and request for a lease agreementfish habitat issues associated with the TIA, when appropriate. Request for clarification or additional information If there are aspects EC will utilize the EA process to undertake local consultations on the proposed addition of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient new TIA(s) to allow for a comprehensive review. PAPA Within Schedule 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreementMMER. Proponent Determined by EC will also undertake consultation in the Proponent. Review National Capital Region to inform representatives of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs major national Aboriginal organizations and the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate informationENGO community. Course of Action Decision under PAPA CEAA DFO reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project a recommendation can be approved and whether a lease agreement can be signed. Subject made to examination and inclusion of pertinent project requirements from the approved EAGovernor in Council on MMER Scheduling. If course of action decision allows for proceeding with the project and a lease agreementMMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 2 weeks from the Environment’s Ministers EA Decision Statement decision statement being posted on the CEARIS. Decision regarding signature Submission of letter to EC from DFO requesting amendments to MMER Schedule 2 DFO will submit a lease agreement If appropriate, PAPA will draft letter to EC indicating that EC can begin the lease agreement and submit process to the Proponent for its review. PAPA schedule a water body to be used as a TIA under MMER Schedule 2.9 DFO Within 4 weeks from Course 30 days of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas decision being posted on the CEARIS. Receipt of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as required. Note: DFO receives additional Proponent Dependent upon timing of 9 The following milestones represent the key activities associated with the regulatory process overall target timeline for the Project MMER process is 8 months from the EA course of action decision being posted on the CEARIS. Within this 8 month process, the timing of individual steps may vary as indicated and are not intended to reflect is contingent upon the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent Determined by the Proponent, if required. Final application review process Perform a final review of all information on file, including technical information and public comments. TC 4 weeksTreasury Board.

Fisheries Act. authorization If appropriate, DFO issues DFO’s requirement is for the proponent to submit a Fisheries Act authorization separate FHCP which specifically offsets the loss of fish habitat associated with the deposit of deleterious substances into the TIA. This information will be used to support the Proponent for EA decision and the amendment to Schedule 2 of the MMER. Review and response regarding impacts to fish and fish habitat, and adequacy of information associated with the proposed TIA DFO and EC review the information (including the assessment of alternatives for mine waste disposal, proposed mitigation, proposed FHCP(s) and associated estimate(s) of financial security, if provided) for adequacy and respond to the Proponent as part of DFO/EC comments on the draft EIS. XXX XXX EC will lead the review to determine the adequacy of the information in the alternatives assessment submitted by the proponent and, in consultation with DFO, will provide comments to the Proponent on any noted deficiencies. The Proponent will be invited to respond to such comments with the objective being to provide federal officials with sufficient information to determine whether or not proposed disposal option should DFO/EC Within 4 weeks from the end of the public comment period on draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD proceed with review. Should the information be incomplete, DFO/EC will request the required information from the Proponent to proceed with review. Receipt of additional information6 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. Response on Deficiencies DFO, with EC input, will review the additional information related to fish, fish habitat and the FHCP to offset the loss of fish habitat associated with the proposed TIA. EC, with DFO input, will review the additional information related to the alternatives assessment and the associated justification that it is the most appropriate option. DFO/EC requests further information, if required, to proceed with the review. DFO/EC Within 4 weeks of submission of additional information Determination of adequacy of information for EA DFO determines that adequate information on fish and fish habitat, including FHCP(s), has been provided in the EA. DFO advises the Proponent that information is sufficient to allow a determination relative to the significance of adverse effects on fish and fish habitat for the EA7. DFO and EC also inform the Proponent of any additional DFO with EC Adequate information on the FHCP, considered mitigation for the EA, must be provided during the EA for inclusion in the EA report before it can be completed. Within 4 weeks of receipt of Final EIS. 6 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 7 At this stage, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable prior to making the recommendation to EC to proceed. Any proposed changes to the FHCP after the Course of Action Decision under CEAA may affect the timing of subsequent regulatory decision-making steps and in some cases, may require that steps, including EA steps, be reconsidered if a revised FHCP introduces changes such as the addition of a new component, an increased size of a component or a change in location of a component MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information requirements that may be necessary to support the regulatory decision and associated process for MMER scheduling, including the requirement for financial security in relation to the FHCP. DFO, with EC support as required, will undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues associated with the authorization 90 calendar days after TIA, when appropriate. EC will utilize the EA process to undertake local consultations on the proposed addition of the new TIA(s) to Schedule 2 of the MMER. EC will also undertake consultation in the National Capital Region to inform representatives of the major national Aboriginal organizations and the ENGO community. Course of Action Decision under the CEAA DFO makes an appropriate reaches a course of action decisiondecision under the CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. Decision If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will be contingent upon receipt apply. DFO Within 2 weeks from the Ministers EA decision statement being posted on the CEARIS. Submission of an acceptable FHCP (including financial security) and letter to EC from DFO requesting DFO will submit a letter to EC indicating that EC can begin the discharge of any legal Aboriginal consultation obligations associated with the authorizations. Issuance process to schedule a water body DFO Within 30 days of the authorization(s) may also consider EA course of action decision being posted on the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD amendments to MMER Schedule 2 to be used as a TIA under MMER Schedule 2.8 CEARIS. Receipt of information required to support MMER scheduling process DFO receives additional information required to support MMER scheduling process, including detailed FHCP and financial security. Information on the FHCP is included in the Regulatory Impact Analysis Statement (RIAS) which is published in Canada Gazette, Part I. Note: A detailed FHCP for fish habitat losses associated with the TIA must be approved, and financial security received, by DFO prior to the deposit of deleterious materials into the waters that have been added to Schedule 2 of the MMER as a TIA (i.e. once the TIA has been published in Canada Gazette, Part II) as per section 27.1 of the MMER. Proponent Dependent upon timing of the Proponent’s timing needs for . Adequacy of detail of FHCP to support MMER scheduling process DFO reviews and determines adequacy of the authorization(s) in that, should an authorization not be required until much later than FHCP to support MMER scheduling process and informs the timeline aboveProponent and EC of any deficiencies. If the FHCP is considered adequate, DFO will issue it when it is appropriate. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review and request for a lease agreement pursuant to section 45(3) of the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement from inform the Proponent pursuant to section 45(3) of the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms)EC. Proponent Dependent on timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review of information provided to support the application and the request for a lease agreement PAPA reviews the Proponent’s application for a project review and request for a lease agreement to ensure that all of the required information is included and to determine whether the complexity of the project requires additional funding by the Proponent prior to completion of review. PAPA DFO/EC Within 4 weeks 30 days of receipt of detailed FHCP. Consultation on the application FHCP and MMER process DFO will consult with Aboriginal groups on the final FHCP, as appropriate. DFO with respect to FHCP EC with As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken 8 The overall target timeline for a project review and request for a lease agreement. Request for clarification or additional information If there are aspects of the request that are unclear or additional information MMER process is required, PAPA will request clarification, or additional information, and/or additional funding 8 months from the Proponent sufficient to allow for a comprehensive review. PAPA Within 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreement. Proponent Determined by the Proponent. Review of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate information. Course of Action Decision under PAPA reaches a EA course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project can be approved and whether a lease agreement can be signed. Subject to examination and inclusion of pertinent project requirements from the approved EA. If course of action decision allows for proceeding with the project and a lease agreement, the subsequent activities and milestones will apply. the Environment’s EA Decision Statement being posted on the CEARIS. Decision regarding signature Within this 8 month process, the timing of a lease agreement If appropriate, PAPA will draft individual steps may vary as indicated and is contingent upon the lease agreement and submit to the Proponent for its review. PAPA Within 4 weeks from Course of Action Decision under CEAA. Review schedule of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as required. Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent Determined by the Proponent, if required. Final application review process Perform a final review of all information on file, including technical information and public comments. TC 4 weeksTreasury Board.

Fisheries Act. authorization If appropriate, DFO issues DFO’s requirement is for the proponent to submit a Fisheries Act authorization separate FHCP which specifically offsets the loss of fish habitat associated with the deposit of deleterious substances into the TIA. This information will be used to support the Proponent for EA decision and the amendment to Schedule 2 of the MMER. Review and response regarding impacts to fish and fish habitat, and adequacy of information associated with the proposed TIA DFO and EC review the information (including the assessment of alternatives for mine waste disposal, proposed mitigation, proposed FHCP(s) and associated estimate(s) of financial security, if provided) for adequacy and respond to the Proponent as part of DFO/EC comments on the draft EIS. XXX XXX EC will lead the review to determine the adequacy of the information in the alternatives assessment submitted by the proponent and, in consultation with DFO, will provide comments to the Proponent on any noted deficiencies. The Proponent will be invited to respond to such comments with the objective being to provide federal officials with sufficient information to determine whether or not proposed disposal option should proceed with review. Should the information be incomplete, DFO/EC will request the required information from the Proponent to proceed with review. DFO/EC Within 4 weeks from the receipt of the draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of additional information8 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. Response on Deficiencies DFO, with EC input, will review the additional information related to fish, fish habitat and the FHCP to offset the loss of fish habitat associated with the proposed TIA. EC, with DFO input, will review the additional information related to the alternatives assessment and the associated justification that it is the most appropriate option. DFO/EC requests further information, if required, to proceed with the review. DFO/EC Within 4 weeks of submission of additional information Determination of adequacy of information for EA DFO determines that adequate information on fish and fish habitat, including FHCP(s), has been provided in the EA. DFO advises the Proponent that information is sufficient to allow a determination relative to the significance of adverse effects on fish and fish habitat for the EA9. DFO and EC also inform the Proponent of any additional information requirements that may be necessary to support the regulatory decision and associated process for MMER scheduling, including the requirement for financial security in relation to the DFO with EC Adequate information on the FHCP, considered mitigation for the EA, must be provided during the EA for inclusion in the EA report before it can be completed. Within 4 weeks from the end of the public comment period on the final EIS. 8 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 9 At this stage, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable prior to making the recommendation to EC to proceed. Any proposed changes to the FHCP after the Course of Action Decision under the former CEAA may affect the timing of subsequent regulatory decision-making steps and in some cases, may require that steps, including EA steps, be reconsidered if a revised FHCP introduces changes such as the addition of a new component, an increased size of a component or a change in location of a component MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD FHCP. DFO, with EC support as required, will undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues associated with the authorization 90 calendar days after TIA, when appropriate. EC will utilize the EA process to undertake local consultations on the proposed addition of the new TIA(s) to Schedule 2 of the MMER. EC will also undertake consultation in the National Capital Region to inform representatives of the major national Aboriginal organizations and the ENGO community. Course of Action Decision under former CEAA DFO makes an appropriate reaches a course of action decisiondecision under former CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. Decision If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 2 weeks from the Ministers EA decision statement being posted on the CEARIS. Submission of letter to EC from DFO requesting amendments to MMER Schedule 2 DFO will submit a letter to EC indicating that EC can begin the process to schedule a water body to be used as a TIA under MMER Schedule 2.10 DFO Within 30 days of the EA course of action decision being posted on the CEARIS. Receipt of information DFO receives additional information required to support Proponent Dependent upon timing of the Proponent. 10 The overall target timeline for the MMER process is 8 months from the EA course of action decision being posted on the CEARIS. Within this 8 month process, the timing of individual steps may vary as indicated and is contingent upon the schedule of the Treasury Board. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD required to support MMER scheduling process MMER scheduling process, including detailed FHCP and financial security. Information on the FHCP is included in the Regulatory Impact Analysis Statement (RIAS) which is published in Canada Gazette, Part I. Note: A detailed FHCP for fish habitat losses associated with the TIA must be approved, and financial security received, by DFO prior to the deposit of deleterious materials into the waters that have been added to Schedule 2 of the MMER as a TIA (i.e. once the TIA has been published in Canada Gazette, Part II) as per section 27.1 of the MMER. Adequacy of detail of FHCP to support MMER scheduling process DFO reviews and determines adequacy of the FHCP to support MMER scheduling process and informs the Proponent and EC of any deficiencies. If the FHCP is considered adequate, DFO will inform the Proponent and EC. DFO/EC Within 30 days of receipt of an acceptable detailed FHCP. Consultation on the FHCP (including financial security) and MMER process DFO will consult with Aboriginal groups on the final FHCP, as appropriate. DFO will provide Transport Canada a copy of the final FHCP. DFO with respect to FHCP EC with respect to MMER process As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Publication in Canada Gazette, Part I EC leads the development of the regulatory package for pre- publication of the intent to amend Schedule 2 of the MMER for the EC Within 4 months of the EA course of action decision being posted on the CEARIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD consideration of Treasury Board. Timeline contingent upon schedule of Treasury Board. Publication in Canada Gazette, Part II EC leads the development of the regulatory package for final publication of the amendment of Schedule 2 of the MMER for the consideration of Treasury Board. EC Within 4 months after publication in Canada Gazette, Part I. Timeline contingent upon: 1. the discharge of any legal Aboriginal consultation obligations associated with the authorizationsscheduling; and 2. Issuance the schedule of the authorization(s) may also consider the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriateTreasury Board. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review draft FHCP and request for a lease agreement pursuant financial security DFO receives finalized FHCP designed to section 45(3) offset the loss of the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement fish habitat from the Proponent pursuant to section 45(3) deposit of deleterious substance into the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms)TIA. Proponent Dependent on upon timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review draft FHCP and financial security DFO reviews finalized FHCP and financial security pursuant to Section 27.1 of the MMER. DFO informs proponent of any additional information provided requirements that may be necessary to support the application and the request for a lease agreement PAPA reviews the Proponent’s application for a project review and request for a lease agreement to ensure that all approval of the required information is included and compensation plan pursuant to determine whether the complexity Section 27.1 of the project requires additional funding by the Proponent prior to completion of reviewMMER. PAPA DFO Within 4 weeks 30 days of receipt of finalized FHCP and financial security. Timeline contingent upon: • the application for a project review and request for a lease agreement. Request for clarification or additional information If there are aspects discharge of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient to allow for a comprehensive review. PAPA Within 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreement. Proponent Determined by the Proponent. Review of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate information. Course of Action Decision under PAPA reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project can be approved and whether a lease agreement can be signed. Subject to examination and inclusion of pertinent project requirements from the approved EA. If course of action decision allows for proceeding any legal Aboriginal consultation obligations associated with the project and a lease agreement, the subsequent activities and milestones will apply. the Environment’s EA Decision Statement being posted on the CEARIS. Decision regarding signature of a lease agreement If appropriate, PAPA will draft the lease agreement and submit to the Proponent for its review. PAPA Within 4 weeks from Course of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as requiredFHCP. Note: The following milestones represent DFO may require additional time to review the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes are made to proposed work(s) are requiredthe FHCP after the EA and RIA. Receipt of draft FHCP and financial security DFO receives additional information. Proponent Determined by Dependent upon timing of the Proponent, if required. Final application review process Perform a final review Proponent – must be provided 60 days prior to deposit of all information on file, including technical information and public comments. TC 4 weeksdeleterious substance into the scheduled TIA.

Fisheries Act. authorization If appropriate, DFO issues DFO’s requirement is for the proponent to submit a Fisheries Act authorization separate FHCP which specifically offsets the loss of fish habitat associated with the deposit of deleterious substances into the TIA. This information will be used to support the Proponent for EA decision and the amendment to Schedule 2 of the MMER. Review and response regarding impacts to fish and fish habitat. XXX XXX issues the authorization 90 calendar days after DFO makes an appropriate course , and adequacy of action decision. Decision will be contingent upon receipt of an acceptable FHCP (including financial security) and the discharge of any legal Aboriginal consultation obligations information associated with the authorizationsproposed TIA DFO and EC review the information (including the assessment of alternatives for mine waste disposal, proposed mitigation, proposed FHCP(s) and associated estimate(s) of financial security, if provided) for adequacy and respond to the Proponent as part of DFO/EC comments on the draft EIA for New Brunswick. Issuance EC will lead the review to determine the adequacy of the authorization(s) may also consider information in the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for alternatives assessment submitted by the authorization(s) proponent and, in thatconsultation with DFO, should an authorization not will provide comments to the Proponent on any noted deficiencies. The Proponent will be required until much later than the timeline above, DFO will issue it when it is appropriate. Port Alberni Port Authority Note: The following milestones represent the key activities associated invited to respond to such comments with the regulatory process for objective being to provide federal officials with sufficient information to determine whether or not proposed disposal option should proceed with review. Should the Project and are not intended to reflect information be incomplete, DFO/EC will request the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional required information is made availablefrom the DFO/EC Within 4 weeks from the end of the public comment period on EIA. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent to proceed with review. Receipt of an application for a project review and request for a lease agreement pursuant to section 45(3) of additional information5 DFO/EC receive the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement from the Proponent pursuant to section 45(3) of the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms)additional information. Proponent Dependent on timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review Response on Deficiencies2 DFO, with EC input, will review the additional information related to fish, fish habitat and the FHCP to offset the loss of fish habitat associated with the proposed TIA. EC, with DFO input, will review the additional information related to the alternatives assessment and the associated justification that it is the most appropriate option. DFO/EC requests further information, if required, to proceed with the review. DFO/EC Within 4 weeks of submission of additional information. Determination of adequacy of information for EA DFO determines that adequate information on fish and fish habitat, including FHCP(s), has been provided in the EA. DFO advises the Proponent that information is sufficient to allow a determination relative to the significance of adverse effects on fish and fish habitat for the EA6. DFO and EC also inform the Proponent of any additional information requirements that may be necessary to support the application regulatory decision and associated process for MMER scheduling, DFO with EC Adequate information on the request FHCP, considered mitigation for a lease agreement PAPA reviews the Proponent’s application EA, must be provided during the EA for a project review and request for a lease agreement to ensure that all of inclusion in the required information is included and to determine whether the complexity of the project requires additional funding by the Proponent prior to completion of reviewEA report before it can be completed. PAPA Within 4 weeks of receipt of Final EIA. 5 These steps are iterative until DFO/EC are satisfied that the application information is adequate to support the EA. 6 At this stage, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable prior to making the recommendation to EC to proceed. Any proposed changes to the FHCP after the Course of Action Decision under CEAA may affect the timing of subsequent regulatory decision-making steps and in some cases, may require that steps, including EA steps, be reconsidered if a project review revised FHCP introduces changes such as the addition of a new component, an increased size of a component or a change in location of a component MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD including the requirement for financial security in relation to the FHCP. DFO, with EC support as required, will undertake or participate in coordinated Aboriginal consultation activities relative to fish and request for a lease agreementfish habitat issues associated with the TIA, when appropriate. Request for clarification or additional information If there are aspects EC will utilize the EA process to undertake local consultations on the proposed addition of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient new TIA(s) to allow for a comprehensive review. PAPA Within Schedule 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreementMMER. Proponent Determined by EC will also undertake consultation in the Proponent. Review National Capital Region to inform representatives of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs major national Aboriginal organizations and the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate informationENGO community. Course of Action Decision under PAPA CEAA DFO reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project a recommendation can be approved and whether a lease agreement can be signed. Subject made to examination and inclusion of pertinent project requirements from the approved EAGovernor in Council on MMER Scheduling. If course of action decision allows for proceeding with the project and a lease agreementMMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 3 weeks from the EnvironmentMinister’s EA Decision Statement decision statement being posted on the CEARIS. Decision regarding signature Submission of letter to EC from DFO requesting amendments to MMER Schedule 2 DFO will submit a lease agreement If appropriate, PAPA will draft letter to EC indicating that EC can begin the lease agreement and submit process to the Proponent for its review. PAPA schedule a water body to be used as a TIA under MMER Schedule 2.7 DFO Within 4 weeks from Course 30 days of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as required. Note: The following milestones represent decision being posted on the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent Determined by the Proponent, if required. Final application review process Perform a final review of all information on file, including technical information and public comments. TC 4 weeksCEARIS.

Fisheries Act. authorization If appropriate, DFO issues a Fisheries Act authorization to the Proponent for impacts to fish and fish habitat. XXX XXX DFO DFO issues the authorization 90 calendar days after DFO makes an appropriate course of action decision. Decision will be contingent upon receipt of an acceptable FHCP (including financial security) and the discharge of any legal Aboriginal consultation obligations associated with the authorizations. Issuance of the authorization(s) may also consider the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review and request for a lease agreement pursuant to section 45(3) of the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement from the Proponent pursuant to section 45(3) of the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms). Proponent Dependent on timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review of information provided to support the application and the request for a lease agreement PAPA reviews the Proponent’s application for a project review and request for a lease agreement to ensure that all of the required information is included and to determine whether the complexity of the project requires additional funding by the Proponent prior to completion of review. PAPA Within 4 weeks of receipt of the application for a project review and request for a lease agreement. Request for clarification or additional information If there are aspects of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient to allow for a comprehensive review. PAPA Within 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreement. Proponent Determined by the Proponent. Review of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA XXXX informs the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate information. Course of Action Decision under PAPA XXXX reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project can be approved and whether a lease agreement can be signed. Subject to examination and inclusion of pertinent project requirements from the approved EA. If course of action decision allows for proceeding with the project and a lease agreement, the subsequent activities and milestones will apply. the Environment’s EA Decision Statement being posted on the CEARIS. Decision regarding signature of a lease agreement If appropriate, PAPA will draft the lease agreement and submit to the Proponent for its review. PAPA Within 4 weeks from Course of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as required. Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes to proposed work(s) are required. Proponent Determined by the Proponent, if required. Final application review process Perform a final review of all information on file, including technical information and public comments. TC 4 weeks

Fisheries Act. authorization If appropriate, DFO issues DFO's requirement is for the proponent to submit a Fisheries Act authorization separate FHCP which specifically offsets the loss of fish habitat associated with the deposit of deleterious substances into the TIA. This information will be used to support the Proponent for EA decision and the amendment to Schedule 2 of the MMER. Review and response regarding impacts to fish and fish habitat, and adequacy of information associated with the proposed TIA DFO and EC review the information (including the assessment of alternatives for mine waste disposal, proposed mitigation, proposed FHCP(s) and associated estimate(s) of financial security, if provided) for adequacy and respond to the Proponent as part of DFO/EC comments on the draft EIS. XXX XXX EC will lead the review to determine the adequacy of the information in the alternatives assessment submitted by the proponent and, in consultation with DFO, will provide comments to the Proponent on any noted deficiencies. The Proponent will be invited to respond to such comments with the objective being to provide federal officials with sufficient information to determine whether or not proposed disposal option should proceed with review. Should the information be incomplete, DFO/EC will request the required information from the Proponent to proceed with review. DFO/EC Within 4 weeks from the receipt of the draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of additional information8 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. Response on Deficiencies DFO, with EC input, will review the additional information related to fish, fish habitat and the FHCP to offset the loss of fish habitat associated with the proposed TIA. EC, with DFO input, will review the additional information related to the alternatives assessment and the associated justification that it is the most appropriate option. DFO/EC requests further information, if required, to proceed with the review. DFO/EC Within 4 weeks of submission of additional information Determination of adequacy of information for EA DFO determines that adequate information on fish and fish habitat, including FHCP(s), has been provided in the EA. DFO advises the Proponent that information is sufficient to allow a determination relative to the significance of adverse effects on fish and fish habitat for the EA9. DFO and EC also inform the Proponent of any additional information requirements that may be necessary to support the regulatory decision and associated process for MMER scheduling, including the requirement for financial security in relation to the DFO with EC Adequate information on the FHCP, considered mitigation for the EA, must be provided during the EA for inclusion in the EA report before it can be completed. Within 4 weeks from the end of the public comment period on the final EIS. 8 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 9 At this stage, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable prior to making the recommendation to EC to proceed. Any proposed changes to the FHCP after the Course of Action Decision under the former CEAA may affect the timing of subsequent regulatory decision-making steps and in some cases, may require that steps, including EA steps, be reconsidered if a revised FHCP introduces changes such as the addition of a new component, an increased size of a component or a change in location of a component MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD FHCP. DFO, with EC support as required, will undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues associated with the authorization 90 calendar days after TIA, when appropriate. EC will utilize the EA process to undertake local consultations on the proposed addition of the new TIA(s) to Schedule 2 of the MMER. EC will also undertake consultation in the National Capital Region to inform representatives of the major national Aboriginal organizations and the ENGO community. Course of Action Decision under former CEAA DFO makes an appropriate reaches a course of action decisiondecision under former CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. Decision If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 2 weeks from the Ministers EA decision statement being posted on the CEARIS. Submission of letter to EC from DFO requesting amendments to MMER Schedule 2 DFO will submit a letter to EC indicating that EC can begin the process to schedule a water body to be used as a TIA under MMER Schedule 2.10 DFO Within 30 days of the EA course of action decision being posted on the CEARIS. Receipt of information DFO receives additional information required to support Proponent Dependent upon timing of the Proponent. 10 The overall target timeline for the MMER process is 8 months from the EA course of action decision being posted on the CEARIS. Within this 8 month process, the timing of individual steps may vary as indicated and is contingent upon the schedule of the Treasury Board. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD required to support MMER scheduling process MMER scheduling process, including detailed FHCP and financial security. Information on the FHCP is included in the Regulatory Impact Analysis Statement (RIAS) which is published in Canada Gazette, Part I. Note: A detailed FHCP for fish habitat losses associated with the TIA must be approved, and financial security received, by DFO prior to the deposit of deleterious materials into the waters that have been added to Schedule 2 of the MMER as a TIA (i.e. once the TIA has been published in Canada Gazette, Part II) as per section 27.1 of the MMER. Adequacy of detail of FHCP to support MMER scheduling process DFO reviews and determines adequacy of the FHCP to support MMER scheduling process and informs the Proponent and EC of any deficiencies. If the FHCP is considered adequate, DFO will inform the Proponent and EC. DFO/EC Within 30 days of receipt of an acceptable detailed FHCP. Consultation on the FHCP (including financial security) and MMER process DFO will consult with Aboriginal groups on the final FHCP, as appropriate. DFO will provide Transport Canada a copy of the final FHCP. DFO with respect to FHCP EC with respect to MMER process As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Publication in Canada Gazette, Part I EC leads the development of the regulatory package for pre- publication of the intent to amend Schedule 2 of the MMER for the EC Within 4 months of the EA course of action decision being posted on the CEARIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD consideration of Treasury Board. Timeline contingent upon schedule of Treasury Board. Publication in Canada Gazette, Part II EC leads the development of the regulatory package for final publication of the amendment of Schedule 2 of the MMER for the consideration of Treasury Board. EC Within 4 months after publication in Canada Gazette, Part I. Timeline contingent upon: 1. the discharge of any legal Aboriginal consultation obligations associated with the authorizationsscheduling; and 2. Issuance the schedule of the authorization(s) may also consider the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriateTreasury Board. Port Alberni Port Authority Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Receipt of an application for a project review draft FHCP and request for a lease agreement pursuant financial security DFO receives finalized FHCP designed to section 45(3) offset the loss of the Canada Marine Act PAPA receives an application for a project review, including feasibility study and required funding sufficient to undertake the review of the project, and a request for a lease agreement fish habitat from the Proponent pursuant to section 45(3) deposit of deleterious substance into the Canada Marine Act with information to support the drafting of the lease agreement (tenure, operation hours, and economic terms)TIA. Proponent Dependent on upon timing of the submission of the application for a project review and request for a lease agreement by the Proponent. Review draft FHCP and financial security DFO reviews finalized FHCP and financial security pursuant to Section 27.1 of the MMER. DFO informs proponent of any additional information provided requirements that may be necessary to support the application and the request for a lease agreement PAPA reviews the Proponent’s application for a project review and request for a lease agreement to ensure that all approval of the required information is included and compensation plan pursuant to determine whether the complexity Section 27.1 of the project requires additional funding by the Proponent prior to completion of reviewMMER. PAPA DFO Within 4 weeks 30 days of receipt of finalized FHCP and financial security. Timeline contingent upon: • the application for a project review and request for a lease agreement. Request for clarification or additional information If there are aspects discharge of the request that are unclear or additional information is required, PAPA will request clarification, or additional information, and/or additional funding from the Proponent sufficient to allow for a comprehensive review. PAPA Within 2 weeks from reviewing the request for a lease agreement. Submission of additional information PAPA receives additional information from the Proponent to support its request and allow for the drafting of the lease agreement. Proponent Determined by the Proponent. Review of additional information PAPA determines if adequate information to draft the lease agreement has been provided. PAPA informs the Proponent that additional information is adequate. PAPA Within 2 weeks of receipt of adequate information. Course of Action Decision under PAPA reaches a course of action decision under CEAA that will PAPA Within 3 weeks of the Minister of CEAA determine whether the project can be approved and whether a lease agreement can be signed. Subject to examination and inclusion of pertinent project requirements from the approved EA. If course of action decision allows for proceeding any legal Aboriginal consultation obligations associated with the project and a lease agreement, the subsequent activities and milestones will apply. the Environment’s EA Decision Statement being posted on the CEARIS. Decision regarding signature of a lease agreement If appropriate, PAPA will draft the lease agreement and submit to the Proponent for its review. PAPA Within 4 weeks from Course of Action Decision under CEAA. Review of the lease agreement The Proponent reviews the lease agreement and sends its comments back to the PAPA. Proponent Determined by the Proponent. Finalization of the lease agreement PAPA finalizes the lease agreement. PAPA Within 3 weeks of receipt of comments from Proponent. Signature of lease agreement Lease agreement is signed by the PAPA and the Proponent. PAPA, Proponent Within 5 weeks of finalized lease agreement. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards As an expert FA that also has regulatory responsibilities related to the project, Transport Canada will perform and fulfill the following roles and responsibilities upon request from the CEA Agency, or from an RA during the regulatory phase: EA • Review and comment on the EA work plan and Aboriginal consultation work plan; • Participate in federal project review committee meetings for provision of relevant expertise that is available; • Review and comment on appropriate federal EA documents (e.g., EIS Guidelines, the EIS and the comprehensive study report); • Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from expert FA recommendations made, and as agreed to with the RAs/Agency; • Participate in meetings of other federal/provincial authorities as appropriate; • Participate in aboriginal consultation activities upon request from the CCC and/or RA(s); and, • Provide advice with respect to their respective mandate and area(s) of expertise when requested by the RAs and/or the CEA Agency. Advice will be provided within timelines requested by an RA. Regulatory • Prepare regulatory work plan; • Participate in meetings with other federal/provincial authorities as appropriate; • Participate in public comment period, public notice and possible public consultations, as appropriate; • Provide expert advice with respect to its mandate, regulatory responsibilities and areas of interest, where appropriate; • If appropriate, take regulatory decision following the EA course of action decision; • Undertake any required activities related to its mandate, regulatory responsibilities and areas of interest, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support regulatory decisions; and, • Conduct site visits to support regulatory decisions, as requiredFHCP. Note: The following milestones represent DFO may require additional time to review the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with the Proponent regarding potential works in regards to impacts on navigability Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained. TC Ongoing Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work Proponent provides TC with a completed application for each proposed work no later than the time of submission of the EIS. Proponent Determined by the Proponent. Determination and comment on NWPA application(s) Review application package and information/plans for adequacy to support NWPA review. TC 8 weeks after application submission. Request further information if required to proceed with application. Review draft FHCP for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation if such information is available. Within 2 weeks of receiving the draft FHCP. NIA process - on- site inspection(s) Complete on-site NIA of the Project, site and waterway(s), subject to weather and time of year. TC Site inspection within 2 months of receipt of completed application, then as necessary until completion of public comment process. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Notice to the Proponent to advertise pursuant to the NWPA s. 9(3), if required Provide the Proponent with advertisement package pursuant to NWPA s. 9(3). TC Within 3 weeks of completed initial on- site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues. Deposit and advertise, if required Deposit “Final Plans” and other relevant information with Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Proponent Advertisement process is to occur for a minimum of 30 +1 calendar days. Provide proof of deposit and advertising to TC. Consult with Aboriginal groups regarding navigational impacts, if required Seek information regarding navigational concerns from the Proponent or directly from Aboriginal groups through the federal EA process, if possible. Or, if not possible, through departmental Aboriginal consultation processes. TC To be completed within the EA phase; however, consultation would be ongoing until duty has been met to the satisfaction of the Minister of Transport. Address public comments and issues raised by Aboriginal groups, regarding the Project’s potential impact on navigation Should TC receive concerns from the public regarding navigation, the Proponent and TC will work together to resolve concerns. Should TC receive concerns from Aboriginal groups regarding navigation, in response to the Aboriginal consultation process, TC shall work with the Proponent to mitigate concerns to the satisfaction of the Minister of Transport. Proponent and TC To be completed within 2 months of completion of advertisement process. Additional requirements might be deemed necessary by TC in regard to potential impacts on navigation posed by proposed works. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD TC will facilitate public comment process if required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval if such information is available. Resubmission of NWPA application(s), if required Resubmission of NWPA application(s) where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required if substantial changes are made to proposed work(s) are requiredthe FHCP after the EA and RIA. Receipt of draft FHCP and financial security DFO receives additional information. Proponent Determined by Dependent upon timing of the Proponent, if required. Final application review process Perform a final review Proponent – must be provided 60 days prior to deposit of all information on file, including technical information and public comments. TC 4 weeksdeleterious substance into the scheduled TIA.