Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD EIS Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 4 weeks of submission of the draft EIS If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. proponent Review and response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. proponent Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish DFO Within 4 weeks from the submission of the EIS information for EA and Fisheries Act authorization requirements habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, addendum by the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. Any proposed changes to the FHCP after the Proponent 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. CEARIS Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. EA Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDIssuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization2 to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also 2 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to writing a subsection 35(2) Fisheries Act authorization for DFO Habitat Management staff, (v1.1); and Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1). consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the draft of the EIS. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 4 weeks of submission of the draft EIS If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review and response and request for additional information, if required DFO reviews the accepted EIS addendum including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the of acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. proponent Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO Within 4 weeks from the proponent must have provided a sufficient level submission of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. Any proposed changes to EIS addendum information submitted by the FHCP after the Proponent 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. CEARIS Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) EIS submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment EA. Review and response regarding DFO reviews the application package/EIS (EA). Proponent Dependent upon timing including proposed DFO Within 15 weeks from acceptance of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. EIS Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Proponent Review response and request for additional information, if required DFO reviews the accepted revised EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 6 weeks from the acceptance of the EIS Submission of Submit revised EIS addendum information DFO receives revised EIS addendum information, including FHCP, from the proponentProponent. Proponent Dependent on upon timing of the submission of the revised EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any or additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will alsoinformation, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDProponent.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission EA report submitted during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS EA guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EISEA report) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EISEA Report. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD support the Fisheries Act review and EA4. Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS EA report (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISEA report. If the FHCP is provided separately from the EISEA report, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 6 weeks of from the submission of the draft EIS. EA Report Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. Proponent Dependent upon timing of the submission of the additional information by related to Fish, Fish Habitat and the proponent. FHCP Review and response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 7 weeks from submission of additional information related to Fish, Fish Habitat and the acceptance of the EIS FHCP Submission of EIS addendum information additional DFO receives EIS addendum additional information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information from the Proponent. additional information by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum additional information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, the proponent must have provided a sufficient level DFO Within 2 weeks of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. 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 additional information Course of Action Decision under the former CEAA DFO reaches a course of action decision under the former CEAA that will determine whether the authorization(s) may be issued. If the course of action decision DFO Within 1 weeks from the approval of final screening report MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDSTANDARD Issuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization5 to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 4 weeks of submission of the draft EIS If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. proponent Review and response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. proponent Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish DFO Within 4 weeks from the submission of the EIS information for EA and Fisheries Act authorization requirements habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, addendum by the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. Any proposed changes to the FHCP after the Proponent 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. CEARIS Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. EA Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDIssuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization2 to the Proponent for impacts to fish and fish habitat. DFO DFO issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also 2 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to writing a subsection 35(2) Fisheries Act authorization for DFO Habitat Management staff, (v1.1); and Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1). consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) EIS submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization under the Fisheries Act (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. Review and response regarding DFO reviews the application package/EIS (including proposed DFO Between day 60 and MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. 157 (98 days) Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation Proponent Dependent upon timing of the submission of the revised EIS or additional information by information, as the proponent. case may be Review response and request for additional information, if required DFO reviews the accepted EIS or additional information, including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation the FHCP, since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Between day 158 and 206 (49 days) Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided by the Proponent to DFO Between day 207 and 252 (46 days) MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD requirements make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the revised EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision action decision under the former CEAA DFO reaches a course of action decision under the former CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks 21 days from the MinisterMinister of the Environment’s EA Decision Statement being posted on the CEARISposted. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, DFO As per Aboriginal Consultation work plan developed after MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCPFHCP from the Proponent, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDIssuance of Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization3 to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS EIA guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EISEIA) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EISEIA to New Brunswick. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS draft EIA (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISEIA to New Brunswick. If the FHCP is provided separately from the EISEIA, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks 60 days of submission of the draft EISEIA to New Brunswick. Receipt of additional information related to Fish, Fish Habitat and the FHCP [as part of the revised DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of the additional information by the proponent. Review and response and request for additional information, if required DFO reviews the accepted EIS additional information including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 2 weeks from the acceptance of the EIS submission of additional information. Submission of EIS addendum Final EIA information DFO receives EIS addendum Final EIA information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum EIA by the proponent. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information EIA does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO Within 18 weeks of receipt of the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievableEIA. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal DFO As per Aboriginal MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD consultation consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent proponent. Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information information. If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 2of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD The application should also be supported by (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined 2 HMP Assessor to specify which Fisheries Act provision(s) apply(ies) for each case and to ensure that subsequent references are accurate. This footnote should be removed when the provision(s) are identified. that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 30 calendar days weeks from the submission of the EIS by the proponent If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information the revised EIS by the proponent. Review and response and request for additional information, if required DFO reviews the accepted revised EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part DFO Within 11 weeks, starting within 2 calendar days from the acceptance of the EIS of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of additional EIS addendum information DFO receives EIS addendum informationfinal EIS, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the final EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the Final EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO Within 9 weeks from the proponent must have provided a sufficient level submission of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. Any proposed changes to the FHCP after the additional EIS information 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES Issuance of Subsection 35(2) and/or Section 32 Fisheries Act If appropriate, DFO issues a Fisheries Act authorization3 to the Proponent for impacts to fish and fish habitat. DFO DFO issues the authorization 60 days following the determination that the 3 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to writing a subsection 35(2) Fisheries Act authorization for DFO Habitat Management staff, (v1.1); and Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1). authorization . FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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. Annex V Other Departments and Agencies Roles and Responsibilities PARTY ROLES / DESCRIPTION LEAD SERVICE STANDARDRESPONSIBILITIES CEA Agency • Exercise the powers and perform the duties and functions of the RA in relation to the project under the CEAA until the Minister is provided with the comprehensive study report as required, including those requirements of the Species at Risk Act set out in ss. 11.01(3) of the CEAA; • Provide advice in regard to the application of the CEAA; • Draft and finalize the EA work plan and the Aboriginal consultation work plan; • Act as the EA Manager and CCC for the EA; • Coordinate EA and Aboriginal consultation activities with other jurisdictions during the EA; • Manage the Registry Project File and CEARIS up until the Minister of the Environment’s EA decision is posted at which point the responsibility will be transferred to an RA; • Make participant funding available; • Work in cooperation with RAs, FAs, the Province and the Proponent to identify and evaluate means by which they will either ensure or be satisfied mitigation measures and follow-up programs are implemented; and, • Prepare and coordinate the review of documents including the CSR, EIS Guidelines and other EA documents as appropriate. Expert Federal Authorities Upon request from the CEA Agency or, during the regulatory phase, an RA, expert FAs will perform and fulfill the following roles and responsibilities: • Review and submit comments 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. Advice will be provided within the timelines identified by the CEA Agency; • Review and submit comments on EA documents as appropriate; • 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; • Support aboriginal consultation activities as appropriate; • 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; and PARTY ROLES / RESPONSIBILITIES Area of Expertise/Interest HC • Air quality health effects, contamination of country foods, drinking and recreational water quality, radiation effects, electric and magnetic fields, noise impacts, health risk assessment and risk management, federal air, water, and soil quality guidelines/standards used in human health risk assessments and toxicology. EC • MMER, migratory birds, acid rock drainage/metal leaching, air quality, water quality, Species at Risk for which EC has responsibility, wetlands, and climate change. NRCan • Mines and metals, forestry, earth sciences and energy. NRCan’s specific expertise for earth sciences and CANMET include hydrogeology, engineering geology, seismic hazards and mine waste management. INAC • Provide advice in regard to Aboriginal consultation.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or and Section 32 Fisheries Act authorization(s) authorizations DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the EIS. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 60 days of submission of the EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information the revised EIS by the proponent. proponent Review response responses and request for additional information, if required DFO reviews the accepted revised EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance 14 days of the EIS receipt of Proponent responses MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Submission of additional EIS addendum information DFO receives additional EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the additional EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks 14 days of receipt of the additional EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the additional EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the DFO Within 14 days from the Minister’s EA Decision Statement being posted MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD CEAA authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) EIS submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or and Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). 2 Sufficiency review is an iterative process until DFO determines it has sufficient information to proceed. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD This information will be used to support the Fisheries Act review and environmental assessment (EA)EA2. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks To a maximum of submission 30 days following receipt of the draft EIS. EIS Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponentProponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Proponent Review response and request for additional information, if required DFO reviews the accepted EIS additional information including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from From the acceptance of the EIS Submission to within 2 weeks from the close of the public comment period MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Submit revised EIS addendum information or additional information, as appropriate DFO receives revised EIS addendum or additional information, as appropriate, including FHCP, from the proponentProponent. Proponent Dependent on timing of the submission of the revised EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information or additional information, as appropriate by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO From the proponent must have provided a sufficient level submission of detail in the FHCP for DFO revised EIS/PLS to be reasonably certain that compensation is achievable. Any proposed changes to within 2 weeks from the FHCP after close of 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 public comment period Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will DFO Within 3 weeks from the Minister’s EA MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD CEAA determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDSTANDARD Issuance of Subsection 35(2) and Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization3 to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) EIS submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization under the Fisheries Act (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. This information will be used to support the Fisheries Act review and EA. Review and response regarding DFO reviews the application package/EIS (including proposed DFO Between day 60 and MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. 157 (98 days) Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation Proponent Dependent upon timing of the submission of the revised EIS or additional information by information, as the proponent. case may be Review response and request for additional information, if required DFO reviews the accepted EIS or additional information, including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation the FHCP, since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Between day 158 and 206 (49 days) Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided by the Proponent to DFO Between day 207 and 252 (46 days) MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD requirements make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the revised EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision action decision under the former CEAA DFO reaches a course of action decision under the former CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks 21 days from the MinisterMinister of the Environment’s EA Decision Statement being posted on the CEARISposted. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, DFO As per Aboriginal Consultation work plan developed after MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCPFHCP from the Proponent, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. Issuance of Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization3 to the Proponent for impacts to fish and fish habitat. DFO DFO issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any 3 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to writing a subsection 35(2) Fisheries Act authorization for DFO Habitat Management staff, (v1.1); and Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1). MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDSTANDARD Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization may also consider the Proponent’s timing needs for the authorization in that, should an authorization not be required immediately, DFO will issue it when it is appropriate. Annex V Other Departments and Agencies Roles and Responsibilities PARTY ROLES / RESPONSIBILITIES CEA Agency • Exercise the powers and perform the duties and functions of the RA in relation to the project under the former CEAA until the Minister is provided with the comprehensive study report as required, including those requirements of the Species at Risk Act set out in ss. 11.01(3) of the former CEAA; • Provide advice in regard to the application of the former CEAA; • Draft and finalize the EA work plan and the Aboriginal consultation work plan; • Act as the EA Manager and CCC for the EA in relation to the project; • Coordinate EA and Aboriginal consultation activities with other jurisdictions during the EA; • Manage the Registry Project File and CEARIS up until the Minister of the Environment’s EA decision is posted at which point the responsibility will be transferred to an RA; • Make participant funding available; • Work in cooperation with RAs, expert FAs, the Province and the Proponent to identify and evaluate means by which RAs will either ensure or be satisfied mitigation measures and follow-up programs are implemented; and, • Prepare and coordinate the review of documents including the CSR, EIS Guidelines and other EA documents as appropriate. Expert Federal Authorities Upon request from the CEA Agency or, during the regulatory phase, an RA, expert FAs will perform and fulfill the following roles and responsibilities: • Review and submit comments 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. Advice will be provided within the timelines identified by the CEA Agency; • Review and submit comments on EA documents as appropriate; • 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; • Support Aboriginal consultation activities as appropriate; 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. Area of Expertise/Interest HC • Effects on air quality; • Contamination of country foods (e.g., fish, wildlife, garden produce, berries, etc.); • Quality of drinking water and recreational water; PARTY ROLES / RESPONSIBILITIES • Radiological effects; • Effects of electrical and magnetic fields; • Effects of noise; • Human health risk assessment (HHRA) and risk management; • Federal guidelines and standards used in HHRA for air, water and soil quality; • Toxicology (multimedia – air, water, soil); • First Nations and Inuit health. EC • Migratory birds and their habitats; o Migratory bird sanctuaries and national wildlife reserves; • Non-aquatic species at risk and their habitats, and recovery plans; • Wetlands that are habitats for migratory birds and species at risk; • Water quality, including: o Effluent management and water use; o Water quality of the receiving environment; o Metal leaching and acid mine drainage; o Mine waste management (tailings, waste rock and other); o Domestic wastewater. • Hydrology (quality and quantity); • Hydrogeology (groundwater quality); • Contaminated site management; • Air quality; • Air emissions, including greenhouse gases; • Weather, ocean conditions, climate and ice conditions, including climate change; • Chemical product management; • Solid waste management; • Environmental emergencies. NRCan • Explosives; • Hydrogeology; • Geology; • Geotechnical aspects; • Environmental mining and mineral sciences; • Metal leaching and acid mine drainage. AANDC • Provide advice in regard to Aboriginal consultation.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 3of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. DFO Within 4 weeks of submission of the draft EIS If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review and response and request for additional information, if required DFO reviews the accepted EIS addendum including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the of acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. proponent Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO Within 4 weeks from the proponent must have provided a sufficient level submission of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. Any proposed changes to EIS addendum information submitted by the FHCP after the Proponent 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. CEARIS Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponentproponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal ConsultationIII. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EISCertificate Application) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EISCertificate Application. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS Certificate Application (including proposed mitigation, proposed FHCP and associated estimate of financial DFO Within 8 weeks after submission of a Certificate Application by the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD determination of adequacy of information security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISCertificate Application. If the FHCP is provided separately from the EISCertificate Application, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EISProponent. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Proponent - As per the NEB Hearing Order Review and response and request for additional information, if required DFO reviews the accepted EIS additional information provided by the Proponent including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from As per the acceptance of the EIS NEB Hearing Order - Submission of EIS addendum information requests to the Proponent by DFO. Submission of additional information by the Proponent DFO receives EIS addendum informationadditional evidence by the Proponent, including FHCP, from the proponent. Proponent Dependent on timing of the submission of additional information from the EIS addendum Proponent – as per the NEB Hearing Order MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Preparation and submission of written evidence to the NEB. DFO reviews all the available information (the Certificate Application and additional information submitted by the proponentProponent), including Fish Habitat Compensation Plan, and file written evidence with the NEB. DFO As per the NEB Hearing Order – Submission of written evidence by DFO Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 2 weeks of receipt the release of the EIS addendum information draft NEB EA Report DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does evidence provided by the Proponent during the NEB Hearing process is not yet contain sufficient information to allow for an EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 2 weeks from of the Minister’s release of the NEB RFD if an RA is in a position to make its EA Decision Statement being posted on determination; otherwise, the CEARISRA requests additional information within 2 weeks of the release of the NEB RFD. DFO will review additional information submitted for sufficiency within 2 weeks of receiving additional material and, if appropriate, will make and provide CEAA determinations and course of action decisions to the NEB for posting within 2 weeks of confirming sufficiency of information. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EANEB process. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EANEB process. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EANEB process. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by from the proponent Review and DFO notifies the proponent that DFO Within 30 days of receipt of MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDIssuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization2 to the Proponent for impacts to fish and fish habitat. XXX XXX issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission EA report submitted during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS EA guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the Proponent but, at the latest, it must be submitted concurrently with the submission of the draft EA Report. The application should also be supported by proposed mitigation (as part of the authorization or in the EISEA report) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD support the Fisheries Act review and EA4. Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS EA report (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISEA report. DFO Within 6 weeks from the submission of the draft EA Report If the FHCP is provided separately from the EISEA report, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. Proponent Dependent upon timing of the submission of the additional information by related to Fish, Fish Habitat and the proponent. FHCP Review and response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 7 weeks from submission of additional information related to Fish, Fish Habitat and the acceptance of the EIS FHCP Submission of EIS addendum information additional DFO receives EIS addendum additional information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information from the Proponent. additional information by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 2 weeks of receipt of the EIS addendum additional information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum additional information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the former CEAA DFO reaches a course of action decision under the former CEAA that will determine whether the authorization(s) may be issued. If the course of action decision DFO Within 1 weeks from the approval of final screening report MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDSTANDARD Issuance of Subsection 35(2) and/or Section 32 Fisheries Act authorization If appropriate, DFO issues a Fisheries Act authorization5 to the Proponent for impacts to fish and fish habitat. DFO DFO issues the authorization 60 days following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP DFO Within 4 weeks of submission of the draft EIS MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponentProponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks weeks, starting from the acceptance of the draft EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponentProponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and DFO Within 4 weeks from the submission of an EIS addendum by the Proponent MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponentproponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the EIS. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is 3 If the project will require amendments under the MMER, separate authorizations and FHCP(s) will be required, refer to separate MMER workplan. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD EA.3 Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent JRP as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information information, through the JRP Information Request process, from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks a minimum of 60 days of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the EIS DFO receives additional information from the proponentinformation. Proponent Dependent upon timing of the submission of the additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may DFO Within a minimum of 30 days of submission of the additional information from Proponent on EIS. 4 Sufficiency review is an iterative process until the JRP determines it has sufficient information to proceed to the public hearing. Additional information may be requested by DFO to support the regulatory decision. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. EA.4 Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat5. DFO Within 4 weeks of receipt of informs the EIS addendum information DFO informs proponent JRP that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If DFO During the EIS addendum information does not yet contain sufficient information to allow public hearing (minimum of 30 days). Panel Submission DFO prepares submission for EA conclusion to Government of Canada written intervention. DFO To be made, determined by the JRP. Course of Action Decision under CEAA DFO reaches a course of action decision under CEAA that will request this information/clarification from determine whether the proponentauthorization(s) may be issued. Sufficient information is required before the next step can be undertakenDFO Within 1 week of Governor in Council Decision. 3 5 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent proponent. Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information information. If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. Issuance of Subsection 35(2) If appropriate, DFO issues a Fisheries Act authorization6 to the DFO DFO issues the authorization 60 days 6 Fisheries Act authorization may be issued based upon policy guidance the Policy for the Management of Fish Habitat, 1986; Practitioners Guide to Writing an Authorization for the Habitat Provisions of the Fisheries Act, (v2.0); Practitioners Guide to habitat compensation for DFO Habitat Management staff, (v1.1); and Practitioners Guide to Letters of Credit (v1.0). MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDSTANDARD and/or Section 32 Fisheries Act authorization Proponent for impacts to fish and fish habitat. following the determination that the FHCP is acceptable (including financial security), and the discharge of any Aboriginal consultation responsibilities with respect to the Fisheries Act authorization. Issuance of the authorization(s) may also consider the 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. If the above conditions have been met, an authorization for impacts to fish and fish habitat associated with a work/undertaking directly related to a Tailings Impoundment Area requiring scheduling under the Metal Mining Effluent Regulations (MMER) will be issued within 14 days of Canada Gazette II publication.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 2of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. This information will be used to support the Fisheries Act review and environmental assessment (EA). MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 15 weeks of from submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponentProponent. If the FHCP and the EIS are submitted separately, DFO will provide Transport Canada with the FHCP for review of potential impacts on navigation. Proponent Dependent upon on the timing of the submission of the revised EIS or of additional information by the proponentinformation, as appropriate. Review Review, response and request for additional information, if required DFO reviews the accepted revised EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests may request further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 6 weeks from the acceptance submission of the revised EIS or additional information. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Submission of final EIS addendum information or additional information, as appropriate DFO receives EIS addendum informationthe final EIS, or additional information as appropriate, including the FHCP, from the proponentProponent. Proponent Dependent on timing of the submission of the final EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD or of additional information by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the final EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 At this stageDFO Within 9 weeks from submission of the final EIS or of additional information, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievableas appropriate. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will DFO Within 3 weeks from the Minister of the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD CEAA determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the MinisterEnvironment’s EA Decision Statement being posted on the CEARISdecision. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in the Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent. Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information information. If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 3of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA environmental assessment (EA) to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS Environmental Impact Statement (EIS) guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the The application package/EIS should also be supported by (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from authorization or in the EIS, DFO will ensure that the FHCP is provided ) proposed mitigation to Transport Canada for review of potential minimize impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Review response and request for additional information, if required DFO reviews the accepted EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from the acceptance of the EIS Submission of EIS addendum information DFO receives EIS addendum information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make habitat and a conclusion on significance of adverse effects on fish and fish habitat3. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and proposed fish habitat issues. OR If the EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, the proponent must have provided compensation plan (FHCP) associated with a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievable. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(sSubsection 35(2) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure it is determined that a copy of the detailed FHCP one is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARDappropriate).
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal ConsultationXxxxx XXX. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the Certificate Application. The application should also be supported by proposed mitigation (as part of the authorization or in the EISCertificate Application) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment EA. Review and DFO reviews Certificate DFO Within 8 weeks after response regarding Application (EA). Proponent Dependent upon timing of the including proposed submission of the application a Certificate impacts to fish and mitigation, proposed FHCP and Application by the proponent butfish habitat, at the latest, it must be submitted concurrently with the submission and associated estimate of the first draft of the EIS. financial MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and determination of adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISCertificate Application. If the FHCP is provided separately from the EISCertificate Application, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EISProponent. Receipt of additional information related to Fish, Fish Habitat and the FHCP DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of additional information by the proponent. Proponent - As per the NEB Hearing Order Review and response and request for additional information, if required DFO reviews the accepted EIS additional information provided by the Proponent including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 weeks from As per the acceptance of the EIS NEB Hearing Order - Submission of EIS addendum information requests to the Proponent by DFO. Submission of additional information by the Proponent DFO receives EIS addendum informationadditional evidence by the Proponent, including FHCP, from the proponent. Proponent Dependent on timing of the submission of additional information from the EIS addendum Proponent – as per the NEB Hearing Order MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Preparation and submission of written evidence to the NEB. DFO reviews all the available information (the Certificate Application and additional information submitted by the proponentProponent), including Fish Habitat Compensation Plan, and file written evidence with the NEB. DFO As per the NEB Hearing Order – Submission of written evidence by DFO Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 2 weeks of receipt the release of the EIS addendum information draft NEB EA Report DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information does evidence provided by the Proponent during the NEB Hearing process is not yet contain sufficient information to allow for an EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 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. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 2 weeks from of the Minister’s release of the NEB RFD if an RA is in a position to make its EA Decision Statement being posted on determination; otherwise, the CEARISRA requests additional information within 2 weeks of the release of the NEB RFD. DFO will review additional information submitted for sufficiency within 2 weeks of receiving additional material and, if appropriate, will make and provide CEAA determinations and course of action decisions to the NEB for posting within 2 weeks of confirming sufficiency of information. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EANEB process. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EANEB process. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EANEB process. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by from the proponent Review and DFO notifies the proponent that DFO Within 30 days of receipt of MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) and/or Section 32 of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS EIA guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) and/or the destruction of fish under Section 32 of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIA to New Brunswick. The application should also be supported by proposed mitigation (as part of the authorization or in the EISEIA) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS draft EIA (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EISEIA to New Brunswick. DFO Within 60 days of submission of the draft EIA to New Brunswick. If the FHCP is provided separately from the EISEIA, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 weeks of submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP [as part of the revised DFO receives additional information from the proponent. Proponent Dependent upon timing of the submission of the additional information by the proponent. Review and response and request for additional information, if required DFO reviews the accepted EIS additional information including any additional information related to fish, fish habitat and the FHCP. DFO requests further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 2 weeks from the acceptance of the EIS submission of additional information. Submission of EIS addendum Final EIA information DFO receives EIS addendum Final EIA information, including FHCP, from the proponent. Proponent Dependent on timing of the submission of the EIS addendum EIA by the proponent. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD information by the proponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the EIS addendum information EIA does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponent. Sufficient information is required before the next step can be undertaken. 3 At this stage, DFO Within 18 weeks of receipt of the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievableEIA. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the Minister’s EA Decision Statement being posted on the CEARIS. Aboriginal consultation Through coordinated Aboriginal DFO As per Aboriginal MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD consultation consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent proponent. Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information information. If multiple information requests are required DFO will respond within 15 days of the proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD.
Appears in 1 contract
Samples: Project Agreement
Fisheries and Oceans Canada. 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 The following milestones occur after DFO’s review of a complete Project Description and determination that an authorization under Subsection 35(2)of 35(2) of the Fisheries Act is likely to be required. If such an authorization is likely to be required, DFO will request that the Proponent submit an application for authorization for review. Appropriately detailed information associated with the assessment of effects on fish and fish habitat and mitigation (including compensation) to address those effects must be provided in the Proponent’s Environmental Impact Statement (EIS) submission during the EA to support the determination of the significance of adverse effects on fish and fish habitat. This information will be identified through DFO’s input to the EIS guidelines or terms of reference. Aboriginal consultation activities related to the EA are captured in Annex II: Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Consultation. Receipt of an application for a Subsection 35(2) and/or Section 32 Fisheries Act authorization(s) authorization DFO receives an application from the Proponent for the authorization of impacts to fish habitat under Subsection 35(2) of the Fisheries Act. The application must be complete and be supported by adequate plans, maps, reports and data to support the review. The application should also be supported by proposed mitigation (as part of the authorization or in the EIS) proposed mitigation to minimize impacts on fish and fish habitat and a proposed fish habitat compensation plan (FHCP) associated with a Subsection 35(2) authorization (if it is determined that one is appropriate). This information will be used to support the Fisheries Act review and environmental assessment (EA). Proponent Dependent upon timing of the submission of the application by the proponent Proponent but, at the latest, it must be submitted concurrently with the submission of the first draft of the EIS. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Review and response regarding impacts to fish and fish habitat, and adequacy of information DFO reviews the application package/EIS (including proposed mitigation, proposed FHCP and associated estimate of financial security, if provided, and other related information) for adequacy and responds to the Proponent as part of DFO comments on the draft EIS. If the FHCP is provided separately from the EIS, DFO will ensure that the FHCP is provided to Transport Canada for review of potential impacts to navigation (14-day comment period). Should the information be incomplete, DFO will request the required information from the Proponent in order to be able to proceed with the review. DFO Within 4 15 weeks of from submission of the draft EIS. Receipt of additional information related to Fish, Fish Habitat and the FHCP as part of the revised EIS DFO receives additional information from the proponentProponent. If the FHCP and the EIS are submitted separately, DFO will provide Transport Canada with the FHCP for review of potential impacts on navigation. Proponent Dependent upon on the timing of the submission of the revised EIS or of additional information by the proponentinformation, as appropriate. Review Review, response and request for additional information, if required DFO reviews the accepted revised EIS including any additional information related to fish, fish habitat and the FHCP. DFO requests may request further information, if required, to proceed with the review of the application. This may include information on fish habitat compensation since it will form part of the mitigation plan for the EA. DFO Within 8 6 weeks from the acceptance submission of the revised EIS or additional information. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD Submission of final EIS addendum information or additional information, as appropriate DFO receives EIS addendum informationthe final EIS, or additional information as appropriate, including the FHCP, from the proponentProponent. Proponent Dependent on timing of the submission of the final EIS addendum MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD or of additional information by the proponentProponent. Determination of adequacy of information for EA and Fisheries Act authorization requirements DFO determines that information of appropriate detail on fish and fish habitat, mitigation measures, including FHCP, has been provided to make a conclusion on significance of adverse effects on fish and fish habitat3habitat. DFO Within 4 weeks of receipt of the EIS addendum information DFO informs proponent Proponent that information is sufficient to support the determination relative to the significance of environmental effects as needed for the EA. DFO also informs the proponent Proponent of any additional information requirements that may be necessary to make the regulatory decision, including the requirement for financial security in relation to compensation. DFO will also, as appropriate, undertake or participate in coordinated Aboriginal consultation activities relative to fish and fish habitat issues. OR If the final EIS addendum information does not yet contain sufficient information to allow for EA conclusion to be made, DFO will request this information/clarification from the proponentProponent. Sufficient information is required before the next step can be undertaken. 3 At this stageDFO Within 9 weeks from submission of the final EIS or of additional information, the proponent must have provided a sufficient level of detail in the FHCP for DFO to be reasonably certain that compensation is achievableas appropriate. 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 Course of Action Decision under the CEAA DFO reaches a course of action decision under the CEAA that will DFO Within 3 weeks from the Minister of the MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD CEAA determine whether the authorization(s) may be issued. If the course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply. DFO Within 3 weeks from the MinisterEnvironment’s EA Decision Statement being posted on the CEARISdecision. Aboriginal consultation Through coordinated Aboriginal consultation activities, DFO will undertake additional consultation, as appropriate, based upon results of consultation undertaken during the EA. Activities and service standards will be identified in the Aboriginal Consultation work plan after analysis of results of consultation activities undertaken during the EA. DFO As per Aboriginal Consultation work plan developed after analysis of results of consultation activities undertaken during the EA. Receipt of detailed information for Fisheries Act authorization DFO receives detailed FHCP, including information on financial security (if required) in a level of detail necessary to make a regulatory decision. Upon receipt, DFO will ensure that a copy of the detailed FHCP is provided to Transport Canada for a 14-day comment period. Proponent Dependent on timing of the submission by the proponent Proponent. Review and response regarding detailed information for Fisheries Act authorization DFO notifies the proponent Proponent that the FHCP is acceptable or if additional information is required to allow for the regulatory decision to be made. Sufficient information is required before the next step can be undertaken. DFO Within 30 days of receipt of the information information. If multiple information requests are required DFO will respond within 15 days of the proponent Proponent responding to the previous request. MILESTONE ACTIVITIES / DESCRIPTION LEAD SERVICE STANDARD
Appears in 1 contract
Samples: Project Agreement
