Fisheries Act. DFO’s requirement is for the proponent to submit a 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 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 EIA for New Brunswick. 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 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 additional information5 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. 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 regulatory decision and associated process for MMER scheduling, 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 EIA. 5 These steps are iterative until DFO/EC are satisfied that the 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 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 fish habitat issues associated with the 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 CEAA DFO reaches a course of action decision under CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s 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 2.7 DFO Within 30 days of the EA course of action decision being posted on the CEARIS.
Appears in 1 contract
Samples: Project Agreement
Fisheries Act. DFO’s 's requirement is for the proponent to submit a 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 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 EIA for New BrunswickEIS. 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 end receipt of the public comment period on EIA. draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent to proceed with review. Receipt of additional information5 information8 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. Response on Deficiencies2 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. 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 EA6EA9. 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 receipt of Final EIAthe public comment period on the final EIS. 5 8 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 6 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 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 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 reaches a course of action decision under former CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 3 2 weeks from the Minister’s 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 2.7 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 detailed FHCP. Consultation on the FHCP 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 scheduling; and 2. the schedule of Treasury Board. Receipt of draft FHCP and financial security DFO receives finalized FHCP designed to offset the loss of fish habitat from the deposit of deleterious substance into the TIA. Proponent Dependent upon timing of 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 requirements that may be necessary to support the approval of the compensation plan pursuant to Section 27.1 of the MMER. DFO Within 30 days of receipt of finalized FHCP and financial security. Timeline contingent upon: • the discharge of any legal Aboriginal consultation obligations associated with the FHCP. Note: DFO may require additional time to review the FHCP if substantial changes are made to the FHCP after the EA and RIA. Receipt of draft FHCP and financial security DFO receives additional information. Proponent Dependent upon timing of the Proponent – must be provided 60 days prior to deposit of deleterious substance into the scheduled TIA.
Appears in 1 contract
Samples: Project Agreement
Fisheries Act. DFO’s requirement is for the proponent to submit a 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 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 EIA for New BrunswickEIS. 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 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 additional information5 information6 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. Response on Deficiencies2 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. 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 EA6EA7. 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, 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 EIAEIS. 5 6 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 6 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 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 reaches a course of action decision under the CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 3 2 weeks from the Minister’s 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 2.7 DFO Within 30 days of the 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. 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 detailed FHCP. Consultation on the 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 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries Act. DFO’s requirement is for the proponent to submit a 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 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 EIA for New BrunswickEIS. 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 DFO/EC Within 4 weeks from the end of the public comment comments period on EIA. draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Proponent to proceed with review. Receipt of additional information5 information7 DFO/EC receive the additional information. Proponent Dependent on timing of the submission by the Proponent. 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. 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 EA6EA8. 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 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 EIAEIS. 5 7 These steps are iterative until DFO/EC are satisfied that the information is adequate to support the EA. 6 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 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 fish habitat issues associated with the 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 CEAA DFO reaches a course of action decision under CEAA that will determine whether a recommendation can be made to the Governor in Council on MMER Scheduling. If course of action decision allows for the MMER scheduling process to proceed, then the following subsequent activities and milestones will apply. DFO Within 3 2 weeks from the Minister’s 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 2.7 2.9 DFO Within 30 days of the EA course of action decision being posted on the CEARIS. Receipt of DFO receives additional Proponent Dependent upon timing of 9 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.
Appears in 1 contract
Samples: Project Agreement
