Reference: June 24, 2016 SENT VIA

Transcription

1 Reference: File: /RBT2-10 June 24, 2016 SENT VIA Jocelyne Beaudet Chair, Roberts Bank Terminal 2 Review Panel c/o Canadian Environmental Assessment Agency 160 Elgin Street, 22nd Floor Ottawa ON K1A 0H3 Panel.RBT2@ceaa.gc.ca Subject: Participation of the British Columbia Environmental Assessment Office and provincial ministries in the Roberts Bank Terminal 2 Project Review Panel Process Dear Ms. Beaudet: Thank you for your letter of June 9, 2016, to the Environmental Assessment Office (EAO) regarding participation of the Environmental Assessment Office (EAO) in the Roberts Bank Terminal 2 Project Federal Review Panel Process. As outlined in my letter to you on June 21, 2016, EAO as well as individual ministries/agencies received letters from the federal Panel requesting responses to four questions relating to mandate and potential contributions to the federal panel process. As the lead provincial agency responsible for environmental assessments (EA) in British Columbia, EAO is pleased to submit British Columbia s response to the Panel's request, which includes EAO's response as well as the responses from each of the ministries/agencies who received a letter from the federal panel. I understand that this information is required to inform the Orientation Session scheduled for June 28, 2016 in Vancouver. As the panel process proceeds, those ministries whose mandates, regulatory authorities and expertise are relevant to the federal panel review will work directly with the panel with regard to provision of information requested during the process. Throughout the federal panel review process EAO will continue to coordinate the participation of Provincial Review Team members to ensure their effective participation in the federal Panel process. 2 Environmental Assessment Office Office of the Associate Deputy Minister Mailing Address: PO Box 9426 Stn Prov Govt Victoria BC V8W 9V1 Location: 2 nd Fl 836 Yates St Victoria BC V8W 1L8

2 - 2 - Overview of Provincial Responses: Each of the responding provincial agencies reviewed the panel's four questions respecting mandate and expertise, and responded to the panel's questions within the context of the Panel Terms of Reference, the EIS Guidelines and the EIS submitted by the proponent. While there is a response from each provincial agency, it is the province's view that not all provincial agencies responding to this request will have a mandate, regulatory authority, or expertise relevant to the review panel for this particular project. The province respectfully submits that it is likely that the following ministries may play an ongoing role in the review, subject to confirmation through information shared in the panel orientation process: Ministry of Transportation & Infrastructure Ministry of Environment (including EAO and Climate Action Secretariat) Ministry of Forest, Lands & Natural Resource Operation Ministry of Health Ministry of Community, Sport & Cultural Development Ministry of Jobs, Tourism and Skills Training The following ministries are expected to have a limited role with the panel: Ministry of Agriculture Ministry of Aboriginal Relations & Reconciliation Ministry of Social Development and Social Innovation EAO notes that an integral part of provincial EAs is the inclusion and participation of First Nations and local governments in provincial technical working groups. The expertise provided by First Nations and local governments is viewed by British Columbia as critical to project scoping, understanding the effects of proposed projects and determining the sufficiency of proposed mitigation measures. As such, British Columbia strongly recommended that the federal panel similarly engage and seek the views of First Nations and local and regional governments whose mandate is relevant to the assessment in local and regional study areas as outlined in the EIS guidelines and the EIS. Provincial Responses: The individual responses are outlined below. 3

3 - 3 - EAO Context: EAO is a neutrally administered provincial agency with the legislated mandate for the review of proposed major projects in British Columbia (BC), as required by the Environmental Assessment Act. EAO leads the EA process which evaluates proposed projects that are reviewable under the Environmental Assessment Act for potential adverse environmental, economic, social, heritage and health effects. The provincial EA process provides for the thorough, timely and integrated assessment of the potential environmental, economic, social, heritage and health effects that may occur during the lifecycle of these projects, and provides for meaningful participation by First Nations, proponents, the public, local governments, and federal and provincial agencies. If a project is approved by deciding ministers, EAO verifies and enforces compliance with the legally binding conditions set out in EA certificates throughout the lifetime of the project. Approximately 2/3 of projects that require a federal EA also require a provincial EA. In fulfilling its mandate, EAO is the lead provincial agency that works with the Canadian Environmental Assessment Agency (Agency) on projects that trigger both federal and provincial EAs. Under the terms of our 2013 Substitution Memorandum of Understanding with the Agency, there can be a single review process (the provincial one) and two decisions (federal and provincial) where both federal and provincial EAs are required. Where substitution does not apply, BC and the Agency work together to coordinate working group review and other technical and administrative aspects of the two assessment processes to increase process efficiencies and reduce duplication. The proposed Roberts Bank Terminal 2 project triggers an EA under EAO s Reviewable Projects Regulation, and British Columbia has worked with the Agency to ensure the provincial EA is consistent with the principles of one project, one assessment. The work to be undertaken by the Panel, as outlined in the Panel s Terms of Reference, and in relation to the EIS guidelines and the EIS, are critical components of the provincial review. 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment 4

4 - 4 - The BC EAO operates under and administers the following Acts and Regulations: Legislation: Environmental Assessment Act (SBC 2002) Regulations: Reviewable Projects Regulation Concurrent Approval Regulation Prescribed Time Limits Regulation Public Consultation Policy Regulation Transitional Regulation Environmental Assessment Fee Regulation Policy: EAO has extensive policy and guidelines that provide direction on provincial EAs and these are outlined on our website at: 2. A description of the interest or expertise of your Office as it relates to the Project, marine shipping associated with the Project, or the environmental assessment; In 2014, BC determined that it would apply the principle of one project, one environmental assessment to the provincial EA for this project, and in doing so, would rely principally on an anticipated federal panel review to obtain the key information (EA and First Nations consultation) needed to complete the provincial EA. On December 19, 2014, the Provincial Minister of Environment issued an Order under Section 14 of the Environmental Assessment Act that set out the scope, procedures and methods for the provincial EA of the proposed Roberts Bank Terminal 2 (project. Section 5.0 of the Panel s Terms of Reference provides an overview of the relationship to the provincial EA process. tml Section 2.0 of the Panel s Terms of Reference outlines the Factors to be Considered for this assessment. EAO has an interest in the outcome of the Panel s review in relation to sections 2.1 through 2.5 inclusive and in particular, section 2.3 (b) the potential economic, social, heritage and health 5

5 - 5 - effects of the project, including cumulative effects, that may not be encompassed by the definition of environmental effects under CEAA 2012, and practicable means to mitigate such potential adverse effects. As outlined in section 5.3 of the Panel s Terms of Reference, EAO is interested in ensuring that all information received by the Review Panel, subject to subsections 45(3), (4) and (5) of CEAA 2012, will be available to British Columbia. After the Panel completes its 14 month review and issues its report BC will consider the information from the federal panel review process and make its own decision in the 5 month post panel phase. As articulated in our Section 14 Order, BC may, on review of the Panel s conclusions, and, if required, conduct additional assessment and First Nations consultation activities related to provincial interests to inform a decision regarding a provincial EA certificate. EAO intends to make a recommendation to provincial Ministers within 30 days of receiving notice of the federal decision on the project. 3. The details of when and how your Office interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and In its role, EAO: Administers the Environmental Assessment Act and its supporting regulations Conducts EAs for projects which trigger review under the Environmental Assessment Act and its regulations. This review is conducted within prescribed timelines and engagement with local, provincial, federal and at times, international governments. Coordinates involvement in the EA of all interested parties through an Advisory Group, including sub-groups of technical experts. Local, provincial and federal experts are invited to be members on these groups along with Aboriginal groups and are required to review and provide comments on relevant aspects of the assessment and on EAO s conclusions. Consults with Aboriginal groups on the impacts of proposed projects in the Province of British Columbia. EAO builds meaningful engagement with 6

6 - 6 - First Nations throughout EAs by identifying measures to accommodate the interests of First Nations in relation to potential effects on established or asserted Aboriginal rights and on treaty rights. EAO consults with potentially impacted Aboriginal groups throughout the EA process and has implemented collaborative initiatives to involved Aboriginal groups compliance and enforcement activities. Consults with the pubic on the impacts of proposed projects in the Province of BC (online comments, open houses and information sessions). Cooperates with the Canadian Environmental Assessment Agency on the reviews of projects which require both a federal and provincial review utilizing a number of tools and agreements designed to improve transparency and reduce duplication, while retaining rigor of jurisdictional environmental stewardship obligations and responsibilities: o Coordinated Environmental Assessments (CEAA); o Substituted Environmental Assessments (CEAA); o Equivalent Environmental Assessments (National Energy Board) Conducts compliance and enforcement activities during the construction, operation and decommissioning stages of certified projects. This often involves work with other government agencies to coordinate compliance oversight through inspections, reviewing the certificate holder s compliance self-reports, responding to complaints and other efforts. Promotes best practices in EA practices through its cooperation with crossjurisdictional organizations and practitioner/academic communities. Provides expertise to the provincial natural resources sector in the development of environmental stewardship initiatives including the provincial Cumulative Effects Framework and Environmental Mitigation strategy and Spill Response. Maintains a comprehensive public (online) record of its EAs of all major projects. 4. The representative(s) within your Office whom the Panel may contact should it need information, including the name of a primary contact. Associate Deputy Minister and Executive Director: Kevin Jardine Primary Contact for EAO Operations: Michelle Carr, Assistant Deputy Minister, Operations 7

7 - 7 - Primary Contact for Policy: Paul Craven, Executive Director, Policy and Quality Assurance Primary Contact for Transportation Sector: Monica Perry, Executive Project Director Staff Contact for Roberts Bank Terminal 2 project: David Grace, Project Assessment Manager and Kate Haines, Project Assessment Manager, EAO Co-leads...8

8 - 8 - Ministry of Environment Climate Action Secretariat 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Greenhouse Gas Reduction Targets Act sets the target for reducing greenhouse gas (GHG) emissions. Greenhouse Gas Industrial Reporting and Control Act sets out the emission reporting requirements for industrial facilities. 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment The interest of the Climate Action Secretariat as it relates to the project is twofold. First, the Secretariat is interested in the project s emissions and its contribution to the BC emission targets as well as any proposed mitigation measures. Second, the Secretariat is interested in the reporting obligations, if any. VCs that the Climate Action Secretariat may have an interest in include air emissions and spill response. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and The Climate Action Secretariat works with Environment and Climate Change Canada in the collection of the emission information from industrial facilities through the single window system. The Secretariat participates as a member of provincial EA working groups and in this role, provides technical advice to the EAO on effects of proposed projects on climate change and on proposed mitigation measures. The Secretariat works with industry stakeholders directly to ensure compliance with the legislative framework. VCs that the Climate Action Secretariat may have an interest or expertise in during the review include air emissions and spill response...9

9 The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Primary Contact for CAS: Susanna Laaksonen-Craig, Head, Climate Action Secretariat Primary Contact for Program Area: Adria Fradley, Manager, Industrial Reporting and Control 10

10 Ministry of Environment 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Acts not already identified by EAO and the Climate Action Secretariat: Ecological Reserve Act Environmental Management Act Integrated Pest Management Act Protected Areas of British Columbia The ministry has amended the Environmental Management Act to include greater requirements for spill preparedness, response and recovery. There is potential that the project will be required to undertake spill preparedness activities under the amendments and subsequent regulations. Work is ongoing to develop the specific requirements and implement the regulations. 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment The Ministry of Environment is responsible for the effective protection, management and conservation of BC s water, land, air and living resources. Its expertise in science, research, and analysis are central to supporting all its responsibilities. In relation to this project, the Environmental Protection Division of the ministry may be involved: During the review process as a technical expert. In a provincial EA ministry technical experts are invited to be members of the Working Group and, in that role, review and comment on all materials and conclusions related to the EA. After the EA for any relevant authorizations which may be required for a project, however it is noted that there is likely no permitting role for the ministry in this particular project. Should the project include dredging and the proponent seeks to dispose of dredgate on land. As the ministry has responsibility for development of Water Quality Objectives in the coastal marine environment in consultation with stakeholders. Water Quality Objectives are based on protection of specified uses (i.e. aquatic life) and there would have to be a strong rationale to use them instead of generic water quality guidelines. 11

11 After the EA in compliance and enforcement activities related to the conditions in the Environmental Assessment Certificate or relevant provincial authorizations. Ministry of Environment may have an interest or, expertise in conservation of vegetation, invertebrates, fish, mammals, birds; protected areas; air emissions; and spill response. The ministry s legislative directives under the Environmental Management Act and the Integrated Pest Management Act have limited authority on federal lands, because of that, the ministry does not typically issue authorizations for waste discharges on federal lands and currently does not permit the port activities. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and While the ministry is responsible for air quality in BC, the ministry has delegated authority to Metro Vancouver for air quality issues in the region and, as such, the Province has a small role in commenting on air quality issues in the proposed project area To ensure effective preparedness, response and recovery for spills, the ministry works closely with Environment Canada, Transport Canada, the Canadian Coast Guard, the Oil and Gas Commission and other agencies. Examples include participation in drills and exercises and activation of unified command during a spill incident. The ministry also works closely with local governments and First Nations in fulfilling this legislative directive. The Ministry of Environment works together with the Ministry of Forests, Lands and Natural Resource Operations, Ministry of Health and other provincial agencies to manage and protect water in BC. The ministry works with federal regulators as federal regulations and legislation have an impact on water use and planning, aquatic ecosystems and fish habitat in BC. Further, local and regional governments in BC work with the province to keep water sources clean and secure. The Ministry of Environment works together with the Ministry of Forests, Lands and Natural Resource Operations, to conserve or protect species at risk in BC The Ministry works closely with Environment & Climate Change Canada, Fisheries and Oceans Canada, and Parks Canada, under the Canada-British Columbia Agreement on Species at Risk to prevent species from becoming at risk and to protect and recover species that have been identified as being at risk under the federal Species at Risk Act. 12

12 The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Jennifer McGuire, Executive Director Regional Operations Branch 13

13 Ministry of Agriculture 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Agriculture Land Commission Act BC Agrifood and Seafood Strategic Growth Plan Overall goal is to grow the agrifood and seafood sector revenues to $15 billion by Key Actions linked to RBT2 include: o Identify options for increasing and intensifying production of unused or underutilized land. o Implement B.C. s Seafood Strategy o Promote the maximization of commercialization opportunities based on market demand, research capacity and industry capability o Work with industry to create an international strategy that identifies priority markets for agrifood and seafood products. Develop a B.C. Agrifood and Seafood Export Ready Business Catalogue Minister s Mandate Letter (2015) Work with the Minister of International Trade to identify and execute strategies to continue to grow BC agricultural exports. Business Development Division Vision and Mission: Vision: Through program and service delivery excellence, the division supports and enhances sector growth, competitiveness, sustainability, innovation, adaptability and risk management. Mission: The division s mission is to lead, innovate and manage agrifood and seafood programs and services to support and enhance the economic contribution of the sector. 14

14 Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Agriculture (the Ministry) is responsible for the production, marketing, processing and merchandising of agrifood and seafood products; the institution and carrying out of advisory, research, promotional, sustainability and adaptation, food safety or plant and animal health programs, projects or undertakings relating to agrifood and seafood; and the collection of information and preparation and dissemination of statistics relating to agrifood and seafood. The legal and regulatory environment that guides the work of the Ministry includes 28 statutes which relate wholly or primarily to the Ministry. Interests specific to this project: Economic opportunities with increased export capacity of agrifood and seafood products through the new terminal. Potential direct impacts (removal of land, changes to hydrology, land access, pollution of land and water resources through stormwater run-off, air emissions or litter). Potential indirect impacts to nearby land-based agriculture (increased truck and train traffic, requirements for parking/staging of trucks, changes to structure and productivity and farm viability such as fragmentation of land, increased pressure on land use, customer access, movement of goods, equipment, machinery, animals and labor). increasing the movement of agrifood and seafood products through the new terminal could increase the risk of introducing new pests and invasive organisms. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and The Ministry of Agriculture: Will develop and maintain strategic relationships throughout the process to ensure agricultural goals are considered. 15

15 During the review process as a technical expert. In a provincial EA ministry technical experts are invited to be members of the Working Group and, in that role, review and comment on all materials and conclusions related to the EA. After the EA for any relevant authorizations which may be required for a project. After the EA for compliance and enforcement activities related to the conditions in the Environmental Assessment Certificate or relevant provincial authorizations. VCs that Ministry of Agriculture may have an interest, or expertise in, during the review include: commercial and recreational shellfish harvesting, and land use (increasing and intensifying production of unused or underutilized land). 4. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Dieter Geesing, Regional Agrologist, Fraser Valley West 16

16 Ministry of Aboriginal Relations & Reconciliation 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Treaties, Reconciliation and other agreements with First Nations potentially impacted by the proposed Project may apply. 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Aboriginal Relations and Reconciliation leads the Government of British Columbia in pursuing reconciliation with the First Nations and Aboriginal peoples of British Columbia. A key component of reconciliation involves building and maintaining relationships and partnerships, which create opportunities to collaborate on building a strong economy and a secure tomorrow so that all British Columbians, including First Nations and Aboriginal peoples, are able to pursue their goals. The Ministry continues the work of reconciliation through a variety of mechanisms. A primary course to achieving reconciliation is to establish and implement agreements with First Nations. Treaties, agreements, partnerships and other reconciliation initiatives are important tools for First Nations to develop sustainable, healthy, and resilient communities. The Ministry s work includes understanding and championing the opportunities and identified needs of First Nations and Aboriginal peoples. By working across government, partners and industry, the Ministry continues its commitment to finding solutions that strengthen the fabric and culture of First Nations and Aboriginal peoples. The foot print of this project and its potential environmental impacts may affect the livelihood of a number of Aboriginal Groups in the province as well as the treaty lands of the Tsawwassen First Nation. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and Throughout an EA the Ministry provides advice to EAO and other provincial Ministries with regard to any established and asserted rights and/or aboriginal title; as well as any treaty rights or treaty lands within or near a project s footprint. The Ministry reviews project materials and advises on consultation approaches and related matters, when requested. 17

17 The Ministry reviews and comments on EA recommendations. Where appropriate, the Ministry may also provide summaries of interactions it has undertaken with First Nations affected by major projects (e.g. negotiations on benefit sharing). The Ministry works across the Natural Resource Sector ministries (as well as across government) to advance its mandate. 3. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Laurel Nash, Assistant Deputy Minister Strategic Partnerships and Initiatives Division; Giovanni Puggioni, Executive Director, Major Projects and Cross Government Initiatives 18

18 Ministry of Forest Lands and Natural Resource Operations 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Dike Maintenance Act Environment & Land Use Act Fish Protection Act Forest & Range Practices Act Wildlife Act Land Act Ministry of Lands, Parks and Housing Act Heritage Conservation Act Water Sustainability Act (these are a few of the relevant statutes). 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry Supporting its vision of environmental sustainability and economic prosperity, the Ministry of Forests, Lands and Natural Resource Operations (FLNRO) is the Province s land manager, responsible for stewardship of Provincial Crown land, cultural and natural resources. Overseeing a land base of 94.8 million hectares, the Ministry ensures the sustainable management of forest, mineral and landbased resources, supports activities that lead to benefits for all British Columbians both economically and environmentally, and facilitates public access to a wide range of activities such as hunting, fishing and recreation. The Ministry is responsible for policy development, operational management and implementation, and oversees 54 statutes and associated regulations. This proposed project is located directly adjacent to Roberts Bank Wildlife Management Area. Direct and indirect impacts from the project may be anticipated, and mitigation efforts may be required as part of the proposed project plan. Ongoing research and expertise within the ministry related to sediment balance on Roberts Bank and Sturgeon Bank. 19

19 Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and During an EA FLNRO staff play a key role on the project working groups advising on potential environmental impacts of physical activities related to the project. FLNRO will review and comment on assessment materials as well as EA conclusions. FLNRO provides advice on potential conditions. FLNRO will transfer administration of the terminal expansion lands to the Ministry of Transportation and Infrastructure. FLNRO may also play a role in assessments related to provincial authorizations required for a project to proceed. Post EA, FLNRO may assist EAO Compliance and Enforcement staff on compliance inspections of project sites and operations. VCs that FLNRO may have an interest or expertise in during the review include vegetation, invertebrates, fish, mammals, birds, protected areas, visual quality, recreational activities, land use and protected areas, and heritage resources. Our ministry has expertise in Coastal Birds (Section 15.0) and under Fisheries (Section 16.0), related to anadromous trout and char, and sturgeon. 4. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Kevin Haberl, Director, Resource Authorizations, South Coast Region 20

20 Ministry of Health 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Public Health Act 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Health (the Ministry) has overall responsibility for ensuring that quality, appropriate, cost effective and timely health services are available for all British Columbians. The Ministry is responsible for provincial legislation and regulations related to health care and public health. The Ministry also directly manages a number of provincial programs and services, including the Medical Services Plan, which covers most physician services; PharmaCare, which provides prescription drug insurance; and the BC Vital Statistics Agency, which registers and reports on vital events such as a birth, death or marriage. The Ministry of Health has responsibility for the Public Health Act. Under the Public Health Act, Medical Health Officers are given responsibility for assessing hazards that may result in an impact to human health. The province s health authorities are the organizations primarily responsible for health service delivery. Five regional health authorities deliver a full continuum of health services to meet the needs of the population within their respective geographic regions. A sixth health authority, the Provincial Health Services Authority, is responsible for managing the quality, coordination and accessibility of services and province-wide health programs. Beginning in 2016/17, the BC Clinical and Support Services Society will provide the governance structure for both clinical (laboratory) and non-clinical (shared business) services in the health system. The Ministry also works in partnership with the First Nations Health Authority to improve the health status of First Nations in British Columbia. 21

21 Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and The Ministry of Health provides policy advice and technical support to the Ministry of Environment and to Fraser Health Authority. The regional health authority, Fraser Health, is consulted during the course of the EA to comment on potential direct and indirect health effects resulting from the physical activities associated with a project. Fraser Health Authority may serve as a member of the working group and provide expert advice on any health impacts associated with the project. The authority advises on valued components to study and considers the significance of these effects of the project on these valued components. Fraser Health Authority is asked to review project materials and comment on conclusions and any relevant conditions included in the Environmental Assessment Certificate. Ministry of Health and Fraser Health Authority will have an interest and expertise in health and emergency services, air emissions, country foods, noise and vibration, stress and annoyance, health inequality, and community wellbeing during the review. 4. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Timothy Lambert, Executive Director, Health Protection, Ministry of Health 22

22 Ministry of Social Development and Social Innovation 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; There is no legislative or policy framework that relates to this project. 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Social Development and Social Innovation focuses on providing British Columbians in need with a system of supports to help them achieve their social and economic independence and secure a better tomorrow as envisioned in the BC Strategic Plan. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and In the course of a provincial EA and, when there are impacts to valued components relevant to the Ministry s mandate, the ministry representatives will be asked to comment on project materials (application, technical studies and EAO s conclusions). Ministry of Social Development and Social Innovation is not expected to have an interest or expertise in any VC during the review. 4. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Mark Medgyesi, Executive Director, Corporate Planning and Strategic Initiatives 23

23 Ministry of Transportation & Infrastructure 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; Acts Commercial Transport Act Container Trucking Act Emergency Program Act Motor Vehicle Act Railway Act Railway Safety Act Transport of Dangerous Goods Act Transportation Act 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Transportation and Infrastructure plans transportation networks, provides transportation services and infrastructure, develops and implements transportation policies, leads emergency management and administers related acts and regulations as well as federal-provincial funding programs, including the Building Canada Fund. The Ministry moves people and goods safely and fuels our provincial economy through innovative, forward-thinking transportation strategies like BC on the Move: A 10-Year Transportation Plan. Our key goals are improving vital infrastructure, enhancing the competitiveness of BC s transportation industries, reducing transportation-related greenhouse gas emissions, providing a safe and reliable highway system and providing an effective emergency management system. The Minister is responsible for two internal-reporting Crown corporations, BC Railway Company and the BC Transportation Financing Authority. BC Railway Company (BCRC) is incorporated under the British Columbia Railway Act. BCRC holds railway corridors and strategic port lands, and makes related infrastructure investments to benefit the province, including the strategic sale of surplus land. BCRC also administers the Canadian National Railway Company (CN Rail) Revitalization Agreement and operates the Roberts Bank port subdivision. 24

24 The BC Transportation Financing Authority (BCTFA) is established under the Transportation Act to plan, acquire, construct, hold, improve or operate transportation infrastructure throughout the province. The BCTFA owns all provincial highways and land held for construction of future transportation infrastructure. Also within the Ministry is Emergency Management British Columbia (EMBC). EMBC, operating under the Emergency Program Act, continues to strive to be the leading organization in Canada for the management of emergencies and disasters at the provincial level. EMBC s leadership will solidify a cooperative and effective approach to emergency management to ensure the province is resilient, adaptive and confident in its abilities to meet challenges to public safety from known and emergent threats. EMBC works with the Minister of State for Emergency Preparedness to deliver the expected results and remains responsible to British Columbians for leading the management of provincial-level emergencies and disasters while supporting other authorities, such as municipalities, regional districts and First Nations, within their areas of jurisdiction. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and During an EA Ministry of Transportation & Infrastructure subject matter experts are invited to be members of the EA working group and are expected to review and comment on project materials relevant to jurisdictional responsibilities. Following an EA the Ministry may conduct additional assessment and consultation for any subsequent authorizations that are required for a certified project. The Ministry may also assist with compliance and enforcement actions related to the conditions in the Environmental Assessment or subsequent authorization during the lifecycle of the project. VCs that Ministry of Transportation and Infrastructure may have an interest, or expertise in, during the review include infrastructure and community services, land management objectives, public safety, and spill response. 25

25 The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Assistant Deputy Minister: Lindsay Kislock, ADM, Partnerships Department Primay Contact for Ministry: Lisa Gow, Executive Director, Partnerships Department Highway Operations: Norm Parkes, Executive Director, Highway Operations, Highways Department Primary Contact for Railway Operations: Gord Westlake, President and CEO, BC Railway Company Primary Contact for Emergency Response: Ian Lightbody, Executive Officer, Emergency Management BC...26

26 Ministry of Community, Sport and Cultural Development (CSCD) 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; The Province of British Columbia is responsible for the legislative framework for the local government system and some programs for BC local governments. Key Acts in the local government legislative framework include: Community Charter, Local Government Act, Assessment Act, Environmental Management Act, Transportation Act and Police Act, along with some more specific Acts such as South Coast British Columbia Transportation Authority Act, Vancouver Charter and Islands Trust Act. Responsibility for various Acts in the legislative framework, as well as a variety of programs, is divided among different provincial ministries (see discussion of CSCD role below). The legislative framework for local governments in BC emphasizes a high degree of autonomy and respect for local jurisdiction. It is primarily enabling, and includes legislated recognition of local government as an independent, responsible and accountable order of government within its jurisdiction. Unlike many other jurisdictions in Canada, there is only limited provincial oversight of local government actions (e.g. no overarching municipal board or other substantive appeal mechanism from local government decisions). Where there is provincial oversight, it is targeted to specific provincial interests (e.g. Ministry of Energy and Mines approval of bylaws that prohibit aggregate removal/deposit; Ministry of Environment approval of bylaws that prohibit deposit of contaminated soil). There is no requirement for general provincial approval of local government official community plan bylaws, regional growth strategies or related land use bylaws. Instead, other checks and balances are built into BC s local government system, including requirements for acceptance among affected local governments of regional growth strategies, direct accountability to electors through required consultations on financial plans and land use plans, and strong collective organizations such as the Municipal Finance Authority which is key to the financial stability of the system (see discussion of other organizations below). 27

27 BC comprises 162 municipalities and 27 regional districts (collectively referred to as local governments). Municipalities undertake governance, services and regulation within their boundaries. Regional districts are unique federations of municipal members and unincorporated rural areas, as well as some treaty first nation members. Regional districts perform three core functions: addressing cross-municipal issues and providing services that members of the region choose to deal with regionally (e.g. regional parks; sewage treatment); providing an efficient way to provide services on a sub-regional scale, through which a number of municipalities and/or rural areas partner on services anywhere from recreation to water to animal control; and acting as the municipal government for a rural area. The local governments in the Lower Mainland of B.C. most likely to have developed and adopted bylaws, plans and policies that could be relevant to the RBT2 review are: Greater Vancouver Regional District (Metro Vancouver), which also covers two specialized boards (Greater Vancouver Sewerage and Drainage District and Greater Vancouver Water District); and the municipalities of Delta, Richmond and Surrey. Note also that the Tsawwassen First Nation is a treaty First Nation member of Metro Vancouver. Examples of such bylaws, plans and policies include: Metro Vancouver 2040 Shaping our Future: Regional Growth Strategy (Bylaw 1136, 2010) Metro Vancouver Integrated Air Quality and Greenhouse Gas Management Plan (October 2011) Corporation of Delta Official Community Plan, Bylaw No. 3950, 1985 (Corporation of Delta 2014) The relevant local governments could confirm for the review panel which documents are most relevant. Other local governments or local bodies might also consider themselves affected (e.g. traffic flow impacts on municipalities along road/rail corridors; Islands Trust regarding shipping traffic). 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment CSCD s mandate includes working with local governments and organizations to build vibrant and healthy communities that are well governed, liveable, safe, economically resilient, socially and environmentally responsible. CSCD s expertise includes a broad understanding of the local government system in BC and some degree of knowledge about the local governance and 28

28 land use planning framework that would apply to the RBT2 project and surrounding area. CSCD is responsible for maintaining the following key Acts in the local government legislative framework: Community Charter, Local Government Act, Assessment Act, South Coast British Columbia Transportation Authority Act, Vancouver Charter and Islands Trust Act. As part of its overall support to the local government system, CSCD focuses on maintaining and updating that legislative framework, and targets its limited oversight role on the financial viability of municipalities and regional districts. CSCD works primarily to ensure that local governments are connected into provincial and federal processes where they are directly affected and that both local government and other agencies consider the mutual impacts of their actions. As well, CSCD works to maintain effective relationships with key organizations in the local government system and stakeholders affected by it. 3. Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and In general, CSCD works in close partnership with provincial, federal and local governments and agencies, as well as private and not-for-profit organizations. Key partners include: the Union of British Columbia Municipalities, the Municipal Finance Authority of British Columbia, the Local Government Management Association and the Municipal Insurance Association of BC. In relation to environmental assessment processes, CSCD s goal is that local governments have their issues, concerns and responses directly considered in those processes and that satisfactory responses and mitigation, if needed, are provided to the local governments for anticipated effects. CSCD provides local government system context for the EAO and subject-matter staff review/comment on materials and participate in some working groups as appropriate, depending on the nature of the project and local government representation. CSCD does not have the mandate to speak for individual local governments. It is local governments themselves that are key keepers of information about their community that may be relevant to a review panel (e.g. economic development, local government finances, infrastructure and community services, housing and accommodation, emergency and health services, demographics, and land use and protected areas) and, in this case, could speak to the potential impacts of the RBT2 project on their community. 29

29 The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Brent Mueller, Director of Community Relations, Governance and Structure Branch Dannie Carsen, Senior Program Analyst, Governance and Structure Branch 30

30 Ministry of Jobs, Tourism and Skills Training and Responsible for Labour 1. Details of legislative, policy or other directives that relate to the Project, marine shipping or the environmental assessment; JTSTL has no legislative, regulatory, policy or directives that relate to the Project or environmental assessment. JTSTL leads the Government s economic strategy: Canada Starts Here: The BC Jobs Plan. 2. Description of the interest or expertise of your Ministry as it relates to the Project, marine shipping associated with the Project, or the environmental assessment Purpose of the Ministry The Ministry of Jobs, Tourism, Skills Training and Labour (JTSTL) manages key lines of government services that help support and maintain the strong and diverse economy that British Columbians need for long-term growth. Our programs promote a supportive and attractive business and investment environment; maximize investment potential in BC communities; develop a skilled labour force that is ready to meet the challenges of our expanding industries; foster thriving business, tourism and creative sectors; and support workplaces that are safe, healthy and fair. This means seizing the opportunities, and responding to the challenges, of a globalized economy to support the creation of new jobs and position ourselves for long-term growth. Within the Ministry, the Labour Market Information Office (LMIO) has a broad mandate to lead the development of provincial workforce projections, provide labour market and economic analysis and advice for government officials and senior executive, develop new data linkages and sources to better inform program and policy decisions, and support dissemination of labour market information to a wide range of users. The LMIO also produces a provincial Major Projects Inventory on a quarterly basis. 31

31 Details of when and how your Ministry interacts with other organizations in the course of fulfilling its legislative, policy or other directives as responded to above; and As noted above, JTSTL has no legislative, policy or other directives to fulfill with respect to environmental assessments. However, given JTSTL s expertise in labour market and economic analysis, the Ministry could be part of cross ministry working group reviewing and commenting on project materials relevant to jurisdictional responsibilities. For example, the JTSTL could comment on the estimates of labour market impacts. With respect to JTSTL s mandate, the Ministry leads cross-government efforts to implement government s economic strategy: Canada Starts Here: The BC Jobs Plan. Driven by the focus provided by the BC Jobs Plan, the Province has experienced growth and new opportunities, with $16.5 billion in economic growth since The Ministry also works closely with the Ministries of Education and Advanced Education, Aboriginal Relations and Reconciliation and Social Development and Social Innovation to implement B.C.'s Skills for Jobs Blueprint government s comprehensive strategy to re-engineer B.C. s education and apprenticeship systems. 4. The representatives(s) within your Ministry whom the Panel may contact should it need more information, including the name of the primary contact Jeremy Higgs, Executive Director, Labour Market Information Office, will be JTSTL key contact and will attend the June 28 orientation session on behalf of the Ministry. With very best regards, Kevin Jardine Associate Deputy Minister cc: Michelle Carr, Assistant Deputy Minister, Environmental Assessment Operations Monica Perry, Executive Project Director, Environmental Assessment Office