Strange Lake Rare Earth Mining Project

Permitting Plan
Strange Laek Rare Earth Mining Project

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Document reference number: 129

November 8, 2024

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1. Introduction

On June 6, 2024, the Impact Assessment Agency of Canada (IAAC) determined that an impact assessment is required for the Strange Lake Rare Earth Mining Project (the Project).

This Permitting Plan was developed by IAAC to outline the permits, licences and authorizations (regulatory instruments) that may be required by the federal government for the Project should the Minister of Environment and Climate Change issue a decision statement to the proponent with enforceable conditions to allow the Project to proceed.

Although federal authorities may be prohibited from issuing authorizations during the impact assessment process, certain information and consultation requirements for federal authorizations can potentially be completed at the same time as the impact assessment. In some cases, the same information may be used to inform both the impact assessment and federal authorizations. The proponent may choose to work concurrently on complementary federal regulatory processes, as established by responsible federal authorities, while the Project is undergoing the impact assessment. Collecting this additional information during the assessment process may expedite subsequent federal authorizations, should the Project proceed.

IAAC may revise the permitting plan during the impact assessment process in response to new information or advice from the proponent, regulators, authorities or other participants in the process, and in order to accommodate any changes with respect to the Project that may occur during the assessment.

2. Project description

Torngat Metals Ltd. is proposing the construction, operation, decommissioning and abandonment of an open-pit rare earth mine, located approximately 235 kilometers northeast of Schefferville, in Quebec. The mine would have a production capacity of up to 36,000 tonnes per day and a lifespan of 30 years. As proposed, the Project would include at the mine site a 1,500 meters airstrip, a new metal mill with an ore input capacity of 17,000 tonnes per day, waste rock and tailings piles, and associated buildings. The Project would also include a road of approximately 170 kilometers between the mine site and new port facilities on the Labrador coast.

3. Required Regulatory Instruments Identification and Justification

The following regulatory instruments may be required for the Project.

3.1 Authorization under paragraphs 34.4(2)(b) and 35(2)(b) of the Fisheries Act

An authorization under paragraphs 34.4(2)(b) and 35(2)(b) of the Fisheries Act may be required for proposed works, undertakings or activities that could result in the death of fish or harmful alteration, disruption or destruction of fish habitat.

3.2 Authorization to use waters frequented by fish as a tailings impoundment area under subsection 5(1) of the Metal and Diamond Mining Effluent Regulations

An authorization may be required for any project where the proposed disposal of mine waste would affect waters frequented by fish.

Subsection 36(3) of the Fisheries Act prohibits the deposit of deleterious substances into waters frequented by fish unless authorized by regulation. The Metal and Diamond Mining Effluent Regulations (MDMER) authorize the deposit of deleterious substances under specific conditions and include provisions to allow the use of waters frequented by fish for the disposal of mine waste. In order to authorize the storage of mine waste in waters frequented by fish, an amendment to Schedule 2 of the MDMER is required to designate those waters as Tailings Impoundment Areas.

Section 27.1 of the MDMER requires the development and implementation of a Fish Habitat Compensation Plan to offset the loss of fish habitat that would occur as a result of the use of a water bodyFootnote 1 frequented by fish for the deposit of a deleterious substance such as mine waste. A proponent planning to use a natural water body as tailings repository must assess alternatives for storing mine waste.

3.3 Approvals of works under the Canada Navigable Waters Act

Based on project information provided to date, a Navigation Protection Program (NPP) approval and/or Governor-in-Council exemption may be required under the Canada Navigable Waters Act (CNWA). The CNWA prohibits the construction or installation, without prior approval, of any "works" in a navigable waterway that might interfere with the public right of navigation.

An approval is required for any major work on navigable waters, whether listed or not in the Schedule to the CNWA (paragraph 5(1)(a)). An approval is required for a work, other than a minor work (subsection (4(1)), on navigable waters listed in the Schedule (paragraph 5(1)(b)). A work, other than a major work or minor work, on a navigable water body that is not listed in the Schedule to the CNWA requires either an approval (paragraph 10(1)(a)) or a public notice and a deposit of information (paragraph 10(1)(b)).

An exemption from the Governor in Council (section 24) is required for the deposit of stone or other submersible materials or wastes in navigable waters or in a watercourse flowing into navigable waters (sections 21 and 22) and for the dewatering or lowering of water levels so that navigation is no longer possible in navigable waters (section 23).

3.4 Permit under subsection 73(1) of the Species at Risk Act

A permit under subsection 73(1) of the Species at Risk Act (SARA) may be required if the Project may affect wildlife species listed on Schedule 1 of SARA, as extirpated, endangered or threatened, any part of their critical habitat or the residences of their individuals, in a manner prohibited under subsection 32(1), section 33, subsection 58(1), and section 61 of SARA.

Activities that may affect species at risk include, but are not limited to: wildlife inventories that may affect individuals or residences, site preparation (clearing, grading, deforestation, stripping of vegetative cover, site access, blasting), construction and operation of temporary and permanent works and infrastructure, creation of new roads, railroads, or power lines, filling of wetlands or waterways, any monitoring that requires the capture or release of individuals, and sensory disturbance effects.

The proponent is encouraged to:

  • Consult the Species at risk public registry periodically for any new regulations or prohibition orders affecting species at risk, their residences and critical habitat that may come into effect; and
  • Understand all general prohibitions and permitting requirements under the SARA including the Guidelines for permitting under Section 73 of SARA. Additional SARA resources are listed in the Appendices of the Joint Impact Statement Guidelines for the Project.

3.5 Permits under the Migratory Birds Regulations, 2022

The Migratory Birds Regulations, 2022 (MBR 2022) protect migratory birds and their eggs and nests by prohibiting activities that may harm them. Unless a person has a permit or is authorized under the Regulations, they are prohibited from engaging in the following activities:

  • Capture, kill, take, injure or harass a migratory bird or attempt to do so;
  • Destroy, take or disturb an egg; and
  • Damage, destroy, remove or disturb a nest, nest shelter, eider duck shelter or duck box, unless the following exceptions apply:
    • the nest does not contain a live migratory bird or a viable egg; and
    • The nest was not built by a species listed in Schedule 1.

The nests of species listed in Schedule 1 are protected at all times, unless the following conditions are met:

  • A notice of the unoccupied nest has been submitted/received via the Abandoned Nest Registry; and
  • The waiting time stipulated in the Regulations has passed, during which time the nest has not been occupied by a migratory bird.

In certain situations, it may be possible to obtain a permit to relocate or destroy the unoccupied nest of a Schedule 1 species.

3.6 Licenses for explosives factories and depots under subsection 7(1) of the Explosives Act

The proposed explosives manufacturing and storage facilities on the Project site are subject to the requirements of the Explosives Act and its regulations.

3.7 License and permits under Packaging and Transport of Nuclear Substances Regulations, 2015

The Strange Lake deposit contains naturally occurring radioactive materials such as uranium and thorium. Uranium and thorium are also nuclear substances as defined under the Nuclear Safety and Control Act. These substances present in the Strange Lake deposit will remain in the concentrate, which will be transported by truck from the mine site to the port on the Labrador coast, and then shipped. Transportation of these substances may be subject to the Packaging and Transport of Nuclear Substances Regulations, 2015, under the Nuclear Safety and Control Act.

3.8 Requirements under the Transportation of Dangerous Regulations

It will be important to characterize the radioactivity of the concentrate and tailings, and then determine whether these materials will be subject to the Transportation of Dangerous Goods Act, 1992 and Regulations. If so, they will have to be transported according to the requirements of this regulation.

3.9 Permits under the Disposal at Sea Regulations

Disposal at sea is managed by Environment and Climate Change Canada's (ECCC) Disposal at Sea Regulations under the Canadian Environmental Protection Act, 1999 (CEPA). This is a permit system designed to control the disposal of non-hazardous substances at sea and to protect the marine environment. Any activity requiring dredging and disposal at sea requires a permit. Offshore activities related to dock construction are likely to involve the application of offshore dumping legislation, and may require a permit, depending on specific details.

4. Information on Required Regulatory Instruments

The following section includes information on applicable regulatory instruments.

4.1 Authorization under paragraphs 34.4(2)(b) and 35(2)(b) of the Fisheries Act

Description

Subsection 34.4(1) of the Fisheries Act prohibits the carrying on of any work, undertaking or activity, other than fishing, that results in the death of fish. Under paragraph 34.4(2)(b) of the Fisheries Act, the Minister of Fisheries and Oceans may issue an authorization with conditions relating to the carrying on of the work, undertaking or activity that result in death of fish. Subsection 35(1) of the Fisheries Act prohibits carrying on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat. Under paragraph 35(2)(b) of the Fisheries Act, the Minister of Fisheries and Oceans may issue an authorization with conditions relating to the carrying on of the work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.

Regulatory process

The Fish and Fish Habitat Protection Program from the department of Fisheries and Oceans Canada (DFO) ensures compliance with the provisions of the Fisheries Act and the Species at Risk Act (SARA). The program considers any proposed work, undertaking or activity that may result in adverse effects on the fish and its habitat.

It is required to submit a request of project review to DFO using the Request for Review form. This form must be submitted to the respective email addresses below:

Quebec projet components: dfo.habitatquebec,mpo@dfo-mpo.gc.ca

Labrador project components: dfo.fppnl-ppptnel.mpo@dfo-mpo.qc.ca

An authorization will be required if DFO considers that the Project may result in the death of fish or in harmful alteration, disruption or destruction of fish habitat despite the mitigation measures put in place. These residual effects must be offset, which requires that an offsetting plan be developed. For more details on the process for requesting an authorization, the proponent is invited to consult the following section of the DFO website, in the tab Projects Near Water: Request a review of your project near water: Step 5. Apply for project authorization.

The proponent is encouraged to consult the projects near water website in order to take notice of the provisions of the Fisheries Act regarding the protection of fish and fish habitat and ensure compliance of the Project with the provisions.

A permit under subsection 73(1) of SARA may be required from DFO if the proposed project can affect aquatic species at risk listed on Schedule 1 of SARA or on any element of their critical habitat or the residence of their individuals in a manner that is prohibited under subsection 32(1), section 33 and subsection 58(1) of SARA.

The proponent is also invited to consult the Aquatic Invasive Species Regulations, pursuant to Fisheries Act subsections 34(2), 36(5), 43(1) and 43(2).

For any additional questions on the processes for requesting a review and an authorization to DFO, please contact the DFO regional office by email at dfo.habitatquebec.mpo@dfo-mpo.gc.ca (Quebec) or dfo.fppnl-ppptnel.mpo@dfo-mpo.gc.ca (Newfoundland and Labrador).

References

Applicant's Guide to Support the Authorizations Concerning Fish and Fish Habitat Protection Regulations
http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/applicants-guide-candidats-eng.html

Authorizations Concerning Fish and Fish Habitat Protection Regulations (SOR/2019-286)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-286/index.html

Codes of practice to prevent the death of fish or the harmful alteration, disruption or destruction of fish habitat for certain works or activities
https://www.dfo-mpo.gc.ca/pnw-ppe/practice-practique-eng.html

Fisheries Act, R.S.C. 1985, c F-14
https://laws-lois.justice.gc.ca/eng/acts/F-14/

Pathways of Effects of activities or works on fish and fish habitat
https://www.dfo-mpo.gc.ca/pnw-ppe/pathways-sequences/index-eng.html

Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations (SOR/2013-140)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-140/FullText.html

Policy for applying measures to offset adverse effects on fish and fish habitat under the Fisheries Act
https://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/policies-politiques-eng.html

Request a review of your project near water
http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/request-review-demande-d-examen-001-eng.html

Contact

For more information on authorizations, please contact the DFO regional office in Quebec or in Newfoundland and Labrador.

Fish and Fish Habitat Protection Program – Region of Quebec
Mont-Joli, Quebec G5H 3Z4
E-mail: dfo.habitatquebec.mpo@dfo-mpo.gc.ca

Fish and Fish Habitat Protection Program – Region of Newfoundland and Labrador
P.O. Box 5667, St. John's NL A1C 5X1
Email: dfo.fppnl-ppptnel.mpo@dfo-mpo.gc.ca

4.2 Authorization to use waters frequented by fish as a tailings impoundment area under subsection 5(1) of the Metal and Diamond Mining Effluent Regulations

Description

Subsection 36(3) of the Fisheries Act prohibits the deposit of deleterious substances into waters frequented by fish unless authorized by regulation. The MDMER authorize the deposit of deleterious substances under specific conditions, and include provisions to allow the use of waters frequented by fish for the disposal of mine waste. In order to authorize the storage of mine waste in waters frequented by fish, an amendment to Schedule 2 of the MDMER is required to designate those waters as Tailings Impoundment Areas (TIAs).

ECCC is responsible for administering and enforcing the MDMER. DFO provides expert advice to ECCC on fish and fish habitat as well as on the compensation plan for habitat loss related to TIAs.

Regulatory process

Filling the information

It is the responsibility of the proponent to identify all water bodies affected by the disposal of mine waste, confirm the presence or absence of fish in these water bodies, provide the method used to document the presence or absence of fish, and provide information regarding the connectivity of these water bodies to other water bodies with fish. If the proponent intends to deposit waste rock or effluent containing any concentration of deleterious substances into water frequented by fish, or has any questions about the process for listing water bodies on Schedule 2 of the MDMER, consult the Guide To The Regulatory Process For Listing Water Bodies Frequented By Fish In Schedule 2 Of The Metal and Diamond Mining Effluent Regulations, or contact the Mining and Processing Division within ECCC by email at mdmer-remmmd@ec.gc.ca.

If the listing of a fish-bearing water body is required, the proponent must develop an Alternatives Assessment Report in accordance with ECCC's Guidelines for the assessment of alternatives for mine waste disposal – Canada.ca, to demonstrate that the disposal of waste into waters frequented by fish is the best option from an environmental, technical, economic and socio-economic perspective. In addition, the proponent is required to develop a Fish Habitat Compensation Plan to compensate for the loss of fish habitat resulting from the disposal of mine waste.

Providing this information during the impact assessment can reduce the time required for the regulatory amendment process under the MDMER, however, the schedule is determined by the proponent. It should be noted that certain information can also be required for the impact assessment.

Review of information and consultation

Following the submission of the Alternatives Assessment Report and the Fish Habitat Compensation Plan, ECCC, in collaboration with DFO, will review these information to determine its completeness and sufficiency to support the amendment to Schedule 2 of the MDMER. During this phase, additional information may be requested from the proponent.

Once the information requirements are complete for both documents, the proponent will participate in consultations (led by ECCC and supported by DFO) with impacted Indigenous communities and the public relative to the proposed listing of fish-bearing waters to Schedule 2 of the MDMER.

Treasury Board Decision

The decision to list a water body to Schedule 2 of the MDMER is made by the Treasury Board, on the recommendation of the Minister of the Environment and Climate Change.

ECCC prepares the file for the regulatory amendment that includes the regulatory text describing the water bodies (e.g., name and location) and the Regulatory Impact Analysis Statement (RIAS) which is an evidence-based, non-technical synthesis of expected impacts, positive and negative, of the proposed amendment to Schedule 2 of the MDMER. The RIAS is published in the Canada Gazette with the text of the proposed regulation.

If the proposed amendment is approved by the Treasury Board, it is published in Part I of the Canada Gazette for a 30-day public comment period. In some cases, the proposed amendment may meet conditions for exemption from publication in Part I of the Canada Gazette and will be submitted to Treasury Board for publication in Part II of the Canada Gazette. This approach provides for a more efficient regulatory approval process for proposed amendments to Schedule 2 of the MDMER and aims to shorten the approval time for publication in Part II of the Canada Gazette. To ensure that the proposed modification is able to meet the conditions, a number of operational measures must be implemented as part of, or in conjunction with, the Impact Statement, as described in the document Streamlining the approvals process for metal mines with Tailings Impoundment Areas. If the conditions for exemption from publication in Part I of the Canada Gazette are met, and the Treasury Board approves the exemption, the amendment to Schedule 2 of the MDMER will be published in Part II of the Canada Gazette.

If the conditions for exemption from publication in Part I of the Canada Gazette are not met, ECCC will publish the proposed amendments in the Canada Gazette, Part I, for a 30-day comment period. Following the end of the comment period, ECCC prepares the final regulatory package to make a final recommendation to the Treasury Board. If the regulatory amendment is approved by the Treasury Board, it becomes law on the day it is registered. The regulatory amendment and the Regulatory Impact Analysis Statement are then published in the Canada Gazette, Part II.

The regulatory amendment process generally requires a period of 12 to 18 months following the completion of the Schedule 2 consultations, depending on whether the Streamlining policy is applied. However, if additional information is required (e.g., missing data, missing information on the cost of the tailings repository or the fish habitat compensation plan, etc.), or if significant concerns have been raised by affected groups, the regulatory process may take longer.

References

Guidelines for the Assessment of Alternatives for Mine Waste Disposal
https://www.canada.ca/en/environment-climate-change/services/managing-pollution/publications/guidelines-alternatives-mine-waste-disposal.html

Guide To The Regulatory Process For Listing Water Bodies Frequented By Fish In Schedule 2 Of The Metal and Diamond Mining Effluent Regulations
https://www.canada.ca/en/environment-climate-change/services/managing-pollution/sources-industry/mining-effluent/metal-diamond-mining-effluent/tailings-impoundment-areas/guide-process-listing-water-bodies-fish-schedule-2.html

Metal and Diamond Mining Effluent Regulations (SOR/2002-222)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-222/FullText.html

Policy for Applying Measures to Offset Adverse Effects on Fish and Fish Habitat
https://dfo-mpo.gc.ca/pnw-ppe/reviews-revues/policies-politiques-eng.html

Streamlining the Approvals Process for Metal Mines with Tailings Impoundment Areas
https://www.canada.ca/en/environment-climate-change/services/managing-pollution/sources-industry/mining-effluent/metal-diamond-mining-effluent/tailings-impoundment-areas/approvals-process-metal-mines-impoundment-areas.html

Contact

For more detailed guidance on this authorization, please contact ECCC's Mining and Processing Division.

Mining and Processing Division
Environmental Protection Branch
Environment and Climate Change Canada
351 St. Joseph Boulevard, 18e floor
Gatineau, Quebec K1A 0H3
E-mail: mdmer-remmmd@ec.gc.ca

4.3 Approval of works under the Canadian Navigable Waters Act

Description

Transport Canada (TC) is the lead department for the administration of the CNWA, where the Minister of Transport is responsible for the approval of works that may interfere with navigation. The application of the CNWA is focused on assessing impacts of a work or project on navigation.

The CNWA requires work owners to comply with legislative requirements to protect navigation in all navigable waters in Canada. As per section 2 of the CNWA, a work includes (a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work, and (b) any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. Examples of works are dams, bridges, weirs, causeways, aerial cables and ferry cables.

Prohibited activities

As per section 23(1) of the CNWA, it is prohibited to take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question, including canoes and kayaks. If the proponent plans to lower the water level of a navigable water, they must obtain an Order in Council from the Governor in Council by submitting an exemption application to the NPP.

Navigability assessment

TC must determine navigability for the water bodies and watercourses within the footprint of a project that has proposed prohibited activities (total or partial dewatering or throwing/depositing). The navigability assessment conducted by the NPP must address two overarching principles: the use of the watercourse and the accessibility of the watercourse. In determining whether a waterway is navigable, these questions are asked:

  • What are the physical characteristics (e.g., size and depth)?
  • Is it used for transport or travel for commercial or recreational purposes?
  • Is it used for transport or travel by Indigenous Peoples?
  • Is it likely to be used in the future?
  • Was it used in the past?
  • Is there public access by land or water?
  • Are there two or more waterfront owners?
  • Is the Crown the only waterfront owner?

The proponent is responsible for providing the information to TC to facilitate the navigability assessment for any water bodies or watercourses that have proposed prohibited activities or the construction of works. The proponent should note that it may take one to two years to complete the Governor in Council order exemption process, so it is essential that this information be provided to TC as soon as possible.

Major works in navigable waters

As per subsection 5(1) of the CNWA, an owner who proposes to construct a major work in any navigable water must make an application for approval to TC.

The following classes of works established in the Major Works Order are designated as likely to substantially interfere with navigation on any navigable water:

  • Water control structures;
  • Bridges;
  • Ferry cables;
  • Causeways; and
  • Aquaculture facilities.
Works in navigable waters listed on the Schedule

A schedule of navigable waters is established under the CNWA to identify navigable waters where a proponent must apply to TC. As per paragraph 5(1)(b) of the CNWA, the owner of a work – other than a minor work – in, on, over, under, through or across any navigable water that is listed on the Schedule, which may interfere with navigation, must apply to TC's NPP for approval.

Works in navigable waters not listed on the Schedule

The owner of a work – other than a major work or a minor work – in, on, over, under, through or across any navigable water that is not listed on the Schedule, which may interfere with navigation, has the option to either:

  • Apply to the Minister of Transport in accordance with Section 10(1)a); or
  • Seek authorization through the public resolution process in accordance with Section 10(1)b).

The owner of a work – other than a major work or a minor work – in, on, over, under, through or across any navigable water that is not listed on the Schedule, which is not likely to interfere with navigation, may proceed if:

  • The work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and
  • The owner deposits information and publishes a public notice on the Transport Canada Registry before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of the work.

Regulatory process

Application analysis and consultation

At the time of application analysis, the Navigation Protection Program is required by law to consider the following assessment factors:

  • The characteristics of the navigable water in question;
  • The safety of navigation in that navigable water;
  • The current or anticipated navigation in that navigable water;
  • The impact of the work on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use;
  • The impact of the work, in combination with other works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact;
  • Any Indigenous Knowledge that has been provided to the Minister;
  • Any comments that the Minister receives from interested persons within the period provided for under subsection 7(4) of CNWA;
  • The owner's history of LENC compliance; and
  • Any other information or factor that he or she considers relevant.
  • During the analysis and prior to any regulatory decision, the proponent may be asked to participate in consultations, led by TC, with the Indigenous Peoples concerned.
Application submission for works

There are different requirements for owners of works regarding approval, deposit of information and public notice depending on the type of work, and if the work is located on a navigable water listed on the Schedule. With any approval to TC, the owner may be required to deposit information on the proposed work and invite interested persons to provide written comments to the Minister or, as the case may be, to the owner of the work within 30 days after publication of the notice, or within any other period specified by the Minister. For works that do not interfere with navigation, as for minor works covered by subsection 3(1) of the Order Concerning Minor Works, the owner/proponent is required to deposit information on TC Registry and a public notice.

Regulatory decision

The Minister of Transport can only issue a decision under the CNWA once the Minister of Environment and Climate Change has issued a decision statement under the IAA. However, proponents are permitted to submit a request for approval for the Navigation Protection Program to complete the analysis while awaiting the impact assessment decision.

The Minister of Transport issues terms and conditions with the approval of a work to mitigate navigation safety risks and protect the public right to navigation.

Exemption process

The Governor in Council can issue an exemption to the body of water from the application of these prohibitions (sections 21 to 23 of CNWA) if they believe that it is in the public interest. The proponent must demonstrate that the exemption would be in the public interest. The proponent will need to provide all the necessary information to support the exemption, including information on all factors that affect the public interest, including:

  • Project description;
  • Impacts to navigation and description of alternatives;
  • Consultation information;
  • Environmental assessment; and
  • Rational that supports the exemption.

Once the proponent has submitted all of the necessary documentation, TC will assess the application to ensure the completeness of the documentation provided, and complete additional consultations as required. TC will then complete a navigation impact assessment. TC will determine if there is a duty to consult with and accommodate Indigenous communities impacted by the prohibited activities. TC will then prepare a submission to seek approval of the exemption from Cabinet. Once the submission is approved, the Order in Council will be published in the Canada Gazette, Part II, and the proponent will be notified of the decision

References

Applicant Guide - Application for an Exemption
https://npp-submissions-demandes-ppn.tc.canada.ca/content/doc/Application%20for%20an%20exemption%20%E2%80%93%20Applicant%20Guide.pdf

Apply to the Navigation Protection Program
https://tc.canada.ca/en/programs/navigation-protection-program/apply-navigation-protection-program

Canadian Navigable Waters Act
https://www.tc.gc.ca/eng/canadian-navigable-waters-act.html

Exemption under the Canadian Navigable Waters Act
https://tc.canada.ca/en/programs/navigation-protection-program/exemption-under-canadian-navigable-waters-act

Guide to the Navigation Protection Program's Notification, Application and Review Requirements
https://tc.canada.ca/en/programs/guide-navigation-protection-program-s-notification-application-review-requirements

Contact

For more detailed guidance on the LENC approval process, please contact your regional Transport Canada office.

Navigation Protection Program
Transport Canada
1550, avenue d'Estimauville
Québec (Québec) G1J 0C8
Telephone: 1-877-646-6420
E-mail: ppnque-nppque@tc.gc.ca

4.4 Permit under subsection 73(1) of the Species at Risk Act

Description

Persons conducting activities affecting species listed on Schedule 1 of SARA as extirpated, endangered or threatened species, and that are at risk of contravening SARA's general or critical habitat prohibitions, are required to obtain a permit under subsection 73(1) of SARA.

General prohibitions

Pursuant to sections 32 and 33 of SARA (general prohibitions), it is prohibited to:

  • Kill, harm, harass, capture or take an individual of a species listed under SARA as extirpated, endangered or threatened;
  • Possess, collect, buy, sell or trade an individual of a species listed under SARA as extirpated, endangered or threatened, or any part or derivative of such an individual; and
  • Damage or destroy the residence of one or more individuals of a listed endangered or threatened species or of a listed extirpated species if a recovery strategy has recommended its reintroduction into the wild in Canada.

The following general prohibitions apply on all federal lands in Canada.

On private, provincial or territorial lands, the general prohibitions apply only to:

  • Endangered, threatened or extirpated aquatic species listed in Schedule 1 of SARA;
  • Migratory birds listed in the Migratory Birds Convention Act, 1994 and also listed on Schedule 1 of SARA as endangered, threatened or extirpated.

In some circumstances, the general prohibitions could also be applied, through an order (subsection 34(2) of SARA), to other species listed as endangered, threatened or extirpated in Schedule 1 when found on private, provincial or territorial land to protect the species and its residence.

Critical habitat prohibitions

Under section 58(1) of SARA, no person shall destroy any part of the critical habitat of a species listed as endangered, threatened or extirpated if a recovery strategy has recommended the reintroduction into the wild in Canada if:

  • The species is an aquatic species;
  • The species is a migratory bird protected under the Migratory Birds Convention Act, 1994;
  • The critical habitat (for species that are not aquatic species or migratory bird species) is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada.

The prohibition on destroying a critical habitat component (SARA section 58(1)) does not apply automatically. On federal land, it requires the Minister to issue an order or publish a description of the critical habitat in the Canada Gazette. On non-federal lands, the prohibition against the destruction of a critical habitat component of a species listed as threatened or endangered applies when the Governor in Council issues a protection order under section 61 of SARA designating all or part of the critical habitat. The Governor in Council may also make an emergency order under section 80 of SARA for the protection of a species at risk.

In the case of migratory birds protected by the Migratory Birds Convention Act, 1994 and listed on Schedule 1 of SARA as endangered, threatened or extirpated species, for which the description of critical habitat includes a nest, these nests are protected on non-federal land (as set out in the following protection statement: https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry/critical-habitat-statements/protection-statement-habitat-mbca-1994-applies-migratory-birds-listed-under-sara.html).

Applicable situations

Under section 73, the competent minister may enter into an agreement or issue a permit authorizing a person to engage in an activity affecting any listed endangered, threatened or extirpated species, any part of its critical habitat, or the residences of its individuals, if the proposed activity falls under one or more of the following purposes:

  • The activity is scientific research relating to the conservation of the species and conducted by qualified persons;
  • The activity benefits the species or is required to enhance its chance of survival in the wild;

Affecting the species is incidental to the carrying out of the activity.

Responsibilities

Responsibility for implementing SARA lies with the Ministers responsible for DFO, Parks Canada Agency (PCA) and ECCC.

  • PCA is responsible for considering permit applications with respect to listed individuals in or on federal lands administered by PCA, including aquatic species (as defined by SARA) as well as terrestrial species.
  • DFO is responsible for considering permit applications with respect to listed aquatic species (as defined by SARA), other than individuals of species in the waters situated on federal lands administered by the PCA. An "aquatic species" under SARA includes:
    • Fish, shellfish, crustaceans and marine animals including any parts thereof;
    • All of their life stages, such as eggs, sperm, spawn, larvae, spat and juvenile stages of fish;
    • Marine plants, including all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton.
  • ECCC is responsible for considering permit applications with respect to all listed individuals that are not under the responsibility of PCA or DFO, this includes
    • All listed terrestrial species on federal land and on any land affected by a protection order issued under SARA; and
    • For migratory birds protected by the Migratory Birds Convention Act, 1994; wherever they are found.

If a competent department issues an authorization, license or permit under another federal Act, authorizing an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals, this authorization, license or permit can act as a SARA permit, provided that the pre-conditions described under subsection 73(3) of SARA are met.

Regulatory process

Proponents must submit an application to the DFO, ECCC or PCA Regional Office in a manner and form satisfactory to these organizations.

Application submission for an aquatic species at risk

To seek a permit under SARA from DFO, the proponent must submit an application to the relevant regional office of the Fish and Fish Habitat Protection Program (refer to section 4.1.4 for contact information). The timing of when the application is submitted is determined by the proponent. If the proponent is also seeking a Fisheries Act authorization, the process to apply for a SARA permit can be combined with the process to seek a Fisheries Act authorization.

Application submission for a terrestrial species at risk

To obtain an ECCC permit, the proponent must submit an application using the Species at Risk Permit System found on the Species at Risk Public Registry, and provide the required information specified in the application.

Application analysis and consultation

An analysis of the application is conducted by ECCC, PCA, or DFO, although there may be occasions when the competent minister will require additional information. A focus of the analysis is on how the application meets the pre-conditions listed under subsection 73(3). Authorizations may be issued only if the competent minister is of the opinion that all three of the following pre-conditions are met:

  • All reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted;
  • All feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals;
  • The activity will not jeopardize the survival or recovery of the species.

During this analysis stage, and before the regulatory decision, ECCC, PCA or DFO may undertake additional Indigenous consultations, as required under subsections 73(4) and 73(5) or SARA.

Regulatory decision

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations specify that the competent minister must issue a permit or notify the applicant that the permit has been refused within 90 days following the receipt of the application. This time limit is suspended if the application is incomplete and if applicant is notified. The time limit suspension ends when all the information is received from the applicant.

  • The Regulations also specify that the 90-day time limit does not apply in the following circumstances:
  • Additional consultations are necessary, including consultations with wildlife management boards and bands under the Indian Act which are required by subs. 73(4) and 73(5) of SARA;
  • Another Act of Parliament or land claims agreement requires that a decision be made before the competent minister issues or refuses to issue a permit;
  • The terms and conditions of a permit previously issued to the applicant have not been met;
  • The applicant requests or agrees that the time limit not apply;
  • The activity described in the permit application is modified before the permit is issued or refused.

For activities requiring a decision under the Impact Assessment Act (IAA), permit applications are not subject to the 90-day timeline because another Act of Parliament requires that a decision be made before the competent minister issues or refuses to issue a SARA permit. These applications can be reviewed concurrently with the impact assessment to facilitate alignment of the authorization securing processes.

If fauna and flora surveys are necessary to obtain more baseline information about SARA listed species at risk that may be impacted by a project, SARA permits may be required if these surveys affect individuals of species, their residence or critical habitat (for example, if they require capture, handling, fencing, baiting, disturbing of normal behaviour, etc.). Permit applications for these fauna and flora surveys would be subject to the 90-day timeline.

It is the proponent's responsibility to identify and carry out all species at risk surveys necessary to support the permit application and review, and to monitor for additional species being listed during the planning of their Project. Proponents are invited to consult early with the Canadian Wildlife Service on survey plans.

References

A Guide To The Species At Risk Act (SARA): Information for businesses
https://www.canada.ca/content/dam/eccc/migration/sara/6ac53f6b-550e-473d-9bdb-1ccbf661f521/business-eng.pdf

Aquatic species at risk map
https://www.dfo-mpo.gc.ca/species-especes/sara-lep/map-carte/index-eng.html

Guide to the Species at Risk Act (SARA): Information for businesses
https://publications.gc.ca/collections/collection_2014/ec/En14-172-1-2007-eng.pdf

Guidelines for permitting under Section 73 of SARA
https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry/policies-guidelines/permitting-under-section-73.html

Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-140/index.html

Permitting for aquatic species at risk under SARA
https://www.dfo-mpo.gc.ca/species-especes/sara-lep/permits-permis/index-eng.html

Permitting for terrestrial species at risk under SARA
https://wildlife-species.canada.ca/SPLEP-SARAPS/index.cfm?fuseaction=home.main&

Species at Risk Act (S.C. 2002, c. 29)
https://laws-lois.justice.gc.ca/eng/acts/S-15.3/

Species at Risk Public Registry
https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry.html

Contact

For more information on permits for aquatic species at risk, please contact the DFO regional office in Quebec.

Fisheries and Oceans Canada
Telephone: 1-877-722-4828
E-mail: dfo.habitatquebec.mpo@dfo-mpo.gc.ca

For more information on the Terrestrial Species at Risk Permit, please contact the ECCC's Canadian Wildlife Service regional office.

Canadian Wildlife Service
Environment and Climate Change Canada
801-1550, avenue d'Estimauville
Québec (Québec) G1J 0C3
E-mail: permislep.qc@ec.gc.ca

4.5 Permits under the Migratory Birds Regulations, 2022

Description

If there is a need to damage, disturb, destroy or remove a nest of a species listed in Schedule 1 of the Migratory Birds Regulations, 2022 (MBR 2022), this can be done when:

  • A notice of the unoccupied nest has been received by ECCC; and
  • The nest has remained unoccupied by a migratory bird from the time the notice was received by ECCC for the duration indicated in Schedule 1 for that species, and can therefore be considered abandoned (12, 24 or 36 months, depending on the species).

ECCC only needs to be informed, through a notification, if there is a desire to damage, destroy, disturb or remove an abandoned nest of a Schedule 1 species.

Otherwise, the nest can be left untouched, and there is then requirement to submit a notification.

All notifications for unoccupied nests of Appendix 1 species are to be submitted through the Abandoned Nests Register. Registrants will need to provide basic information about themselves and the unoccupied nest.

The waiting period established in Schedule 1 starts on the day that the unoccupied nest notification is submitted through the Abandoned Nest Registry portal. The prohibitions are lifted once the designated time-period has passed (12, 24 or 36 months depending on the species), and if the nest has not been reused by migratory birds during this time, the nest is then no longer protected from being damaged, disturbed, removed or destroyed. There is no requirement to inform ECCC of this action.

It is the responsibility of the person submitting a notification of an unoccupied nest to ensure that verifications of nest occupation/abandonment must occur during a period when such a nest could reasonably be expected to be in use.

It is the responsibility of this person to inform ECCC, by sending an e-mail to AvisNid-NestNotifications@ec.gc.ca, that the nest is once again occupied by a migratory bird, which would cancel the abandonment notification. If the nest becomes unoccupied again, and the person still wishes to destroy the nest, they must submit a new notification, which would start the time clock again.

Permits for relocation or destroying migratory bird nests

There are permits available under the MBR 2022 in some limited circumstances.

If you are not able to wait the designated period to destroy or relocate a nest of a species listed on Schedule 1, or need to destroy or relocate a nest of another species of migratory bird when it contains a live bird or viable egg, and have taken appropriate mitigation, a permit may be available. The MBR 2022 continue to allow for the issuance of Damage or Danger permits as well as Scientific permits, which may apply in specific limited situations.

The MBR 2022 maintains a permit for nest relocation (section 71) and expands the activity eligibility under section 70 from egg removal and destruction to now also include nest removal and destruction. These permits may be available in certain limited situations, when due diligence can be demonstrated, to relocate or destroy a nest when it contains a live bird or egg, or, for species listed on Schedule 1 of the MBR 2022, to do so before the designated waiting period has ended.

In certain situations, where it has been demonstrated that appropriate research informing migratory bird conservation will be conducted, a Scientific permit to relocate or destroy a nest may also be available.

References

Damage or Danger Permits for Nest Destruction - Section 70 of the Migratory Birds Regulations (specifically for Pileated Woodpecker nesting cavities)
https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds/dod-permits-nest-destruction-pileated-woodpecker-nesting-cavities.html

Damage to the Use of the Land within Section 71 of the Migratory Birds Regulations (specifically for Pileated Woodpecker nesting cavities)
https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds/damage-use-land-pileated-woodpecker-nesting-cavities.html

Fact sheet: Nest Protection under the Migratory Birds Regulations, 2022
https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds/fact-sheet-nest-protection-under-mbr-2022.html

Migratory bird permit application forms
https://www.canada.ca/en/environment-climate-change/services/migratory-bird-permits/application-forms.html

Pileated Woodpecker Cavity Identification Guide
https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds/pileated-woodpecker-cavity-identification-guide.html

Scientific permits
https://www.canada.ca/en/environment-climate-change/services/migratory-bird-permits/scientific-permits.html

Contact information

For more information on migratory bird permits, please contact the ECCC Canadian Wildlife Service regional office.

Canadian Wildlife Service
Environment and Climate Change Canada
801-1550, avenue d'Estimauville
Québec (Québec) G1J 0C3
Email: PermisSCFQuebec-CWSQuebecPermit@ec.gc.ca

4.6 Licenses for explosives factories and depots under subsection 7(1) of the Explosives Act

Description

These licenses are the responsibility of Natural Resources Canada (NRCan).

Under section 6 of the Explosives Act, it is prohibited to make or manufacture any explosive, either wholly or in part, except in a licensed factory or to store any explosive in a magazine that is not a licensed magazine. Under subsection 7(1)(a), however, the Minister of Natural Resources may issue licenses for factories and magazines.

The Minister may make any license, permit or certificate referred to in subsection 7(1) subject to any term or condition, in addition to those prescribed by the regulations, that the Minister considers necessary for the safety of any person or property. This includes, without limiting the generality of the foregoing, compliance with security or safety standards in respect of any factory or magazine or any class thereof that are supplementary to but not inconsistent with those provided for under paragraph 5 (g.1).

To produce explosives and have bulk explosives delivered, a company must operate under either a license or a certificate. Depending on a project's explosives supply requirements and, in some cases, the proximity of existing licensed factories, an explosive supplier may apply for Division 1 factory licenses (factory with or without a wash bay) or Division 2 manufacturing certificates. Part 5 of the Explosives Regulations, 2013 indicates how to obtain a factory license or manufacturing certificate and sets out the requirements for manufacturing explosives and how ‘manufacturing' is defined.

Division 1: Factory licenses and satellite site certificates

Division 1 factory licenses are issued for the operation of three types of facilities: factory with wash bay, factory without wash bay and factory with temporary structures. A factory with a wash bay may be used for ammonium nitrate and fuel oil (ANFO) bagging, emulsion manufacturing and cartridging of emulsion and has, as a base of operations, all the capabilities necessary to clean, decontaminate and repair mobile process units.

Operations allowed at a factory with a wash bay include storing of mobile process units, storing of explosives (bulk and non-bulk), storing of raw materials and the transfer of explosives and raw materials (e.g., ammonium nitrate prill). A ‘client site' means a blast site at which a mobile process unit is used to manufacture explosives (e.g., mixing or blending into a borehole) away from a factory or satellite site.

Most open pit mine developments include the construction and operation of on-site factories with wash bays given distance from existing factories and longer-term higher explosives supply requirements. Such facilities, typically emulsion plants, may include a bay for the loading of mobile processing units, fuel phase and ammonium nitrate solution tanks and silos or seacans storing prill.

A factory with temporary structures may move with the construction of roads or pipelines or be in a fixed location for a short duration for other construction projects (e.g., hydroelectric power development). Such sites must be supported by existing, licensed factories equipped to properly service the mobile process units located at this type of factory. Factory licenses are renewed for one term only or a maximum of two years. In the case of some mine developments, a factory with temporary structures may proceed the construction of a permanent factory.

Satellite sites certificates are issued for occasional and temporary sites allowing the storage and transfer of explosives and raw material. The sites can store up to two mobile process units, the placement of not more than two tankers or vessels (total maximum capacity of 40,000 kg) for the storage of water-based explosives and one storage facility (silos, tankers, designated area) for ammonium nitrate.

Division 2: Manufacturing certificates

Certificates for the blending of ANFO by mechanical means are granted to the owners of mines or quarries producing ANFO at a blast site. The blending is usually done on a mobile process unit with the ANFO discharged directly into a borehole at a specified location, mine or quarry owned by the company to which the license or certificate is issued.

Magazine licenses

NRCan issues different types of licenses for explosives magazines including User, User Zone and Vendor license.

Magazines may also be licensed as part of a factory. Part 6 of the Explosives Regulation, 2013 indicates how to obtain a magazine license and sets out the requirements for storing explosives in a licensed magazine.

In most jurisdictions, magazines located at mine sites and quarries are authorized by provincial or territorial agencies.

Regulatory process

Application submission

Applications for factory licenses and certificates are submitted to the Explosives Regulatory Division's Electronic Licence Management System through NRCan eServices PortalFootnote 2.

In the case of factory licenses, applications must include, several types of plans or drawings are required including area plan, site plan, building layout, process schematics, and piping, instrumentation and equipment layout drawings. Area plan and detailed site plan show the location of the factory site and any neighbouring vulnerable features or hazardous facilities.

Explosives quantity-distance limits are specified in guidelines for bulk explosives and site plans must include information such as distances between explosive operations, including washing/maintenance facilities, ammonium nitrate storage, fuel storage, and magazines; and distances to roads and public thoroughfares, operating pits, mine facilities, and offices/accommodation complexes. In addition, a license application must be supported by spill contingency, emergency response, security and site evacuation plan together with other documents (e.g., operating procedures).

Application analysis and Indigenous consultation

Applications are reviewed by the Explosives Regulatory Division to ensure that they are complete with all the necessary plans to conform with regulations and guidelines. Division inspectors will request additional information and revisions when there are deficiencies or errors in the applications and supporting information. Licenses for factories associated with major projects are usually issued to companies contracted to provide explosives supply and related services.

NRCan (Explosives Safety and Security Branch) will engage Indigenous groups once an application is received to determine if there are concerns, questions or requests for more information.

If consultation on a license is requested, NRCan will involve the license applicant in the process. Although basic information about explosives manufacturing and storage facilities is provided and reviewed during impact assessment processes, license applicants can provide more detailed information for consultation with Indigenous groups including construction plans and operating procedures for the safe and secure operation of explosives facilities.

Regulatory decision

NRCan issues factory licenses (with or without wash bay) within 60 days of receipt of a complete application or, for certificates and other licenses, within 30 days.

References

Application forms for licenses and certificates
https://www.nrcan.gc.ca/science-data/research-centres-labs/canmetcerl-explosives-lab/safety-security-technology/explosives-forms/9939

Explosives Act (R.S.C. 1985, c. E-17)
https://laws-lois.justice.gc.ca/eng/acts/E-17/index.html

Explosives Regulations, 2013 (SOR/2013-211)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-211/page-1.html

Guidelines for bulk explosives installations, minimum requirements
https://natural-resources.canada.ca/sites/nrcan/files/mineralsmetals/files/pdf/expl-expl/G05-01%20Guidelines%20for%20Division%201%20Licences%20for%20Bulk%20Explosives%20Facilities.pdf

NRCan Online Services Portal
https://eservices.nrcan-rncan.gc.ca/web/epp-ppe/login-connexion?goto=https%3A%2F%2Feservices.nrcan-rncan.gc.ca%2Fpriv%2Fepp-ppe%2F

Contact

For more detailed guidance, please contact NRCan's Explosives Regulatory Division in Ottawa.

Explosives Regulatory Division
Explosives Safety Branch
Natural Resources Canada
588 Booth Street
Ottawa, Ontario K1A 0E4
E-mail: NRCan.erd_central_region_centrale_dre.RNCan@canada.ca

4.7 License and permits under Packaging and Transport of Nuclear Substances Regulations, 2015

Description

The Canadian Nuclear Safety Commission issues licences and certificates in certain cases for the packaging and transport of nuclear substances as stipulated in the Nuclear Safety and Control Act, and more specifically in the Packaging and Transport of Nuclear Substances Regulations, 2015. The Canadian Nuclear Safety Commission regulates all aspects of the packaging and transport of nuclear substances, including the design, production, use, inspection, maintenance and repair of packages.

In general, the transport of nuclear substances does not require a Canadian Nuclear Safety Commission transport-specific licence. The Packaging and Transport of Nuclear Substances Regulations, 2015 require that specific transport licences be issued only in the following circumstances:

  • transport of Category I, II or III nuclear material
  • transport of nuclear substances while in transit
  • transport of nuclear substances contained in large objects
  • transport of nuclear substances when the transport cannot meet all the regulatory requirements
  • transport of nuclear substances that require a multilateral approval of shipments
  • transport of nuclear substances that require a special use vessel

The regulatory process for licensing specific to transport is explained in sections 6 and 7 of the Packaging and Transport of Nuclear Substances Regulations, 2015.

References

General Nuclear Safety and Control Regulations (SOR/2000-202)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2000-202/FullText.html

Nuclear Safety and Control Act (S.C. 1997, c. 9)
https://laws-lois.justice.gc.ca/eng/acts/n-28.3/FullText.html

Packaging and Transport of Nuclear Substances Regulations, 2015 (SOR/2015-145)
https://laws-lois.justice.gc.ca/eng/regulations/sor-2015-145/index.html

REGDOC-1.6.1, Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2
https://www.cnsc-ccsn.gc.ca/eng/acts-and-regulations/regulatory-documents/published/html/regdoc1-6-1-v2/

Contact information

For more detailed guidance on this license, please contact CNSC.

Canadian Nuclear Safety Commission
280 Slater Street P.O. Box 1046, Station B
Ottawa (Ontario) K1P 5S9 CANADA
Telephone: 613-995-5894 or 1-800-668-5284 (Canada only)
Fax: 613-995-5086
E-mail: info@cnsc-ccsn.gc.ca
Website: https://www.nuclearsafety.gc.ca/

4.8 Requirements under the Transportation of Dangerous Regulations

Description

In Canada, the transportation of dangerous goods is strictly regulated under the Transportation of Dangerous Goods Act, 1992. This Act and the Transportation of Dangerous Goods Regulations were developed to ensure public safety (of people, property and the environment) and security during the transportation of dangerous goods.

The Transportation of Dangerous Goods (TDG) program develops safety standards and regulations, undertakes risk-based monitoring and provides expert advice on the transportation of dangerous goods to promote public safety in the transportation of dangerous goods by all modes regulated by Transport Canada. TDG research and data analysis are also part of the program, as is international collaboration to ensure the safe and secure transport of dangerous goods worldwide.

One of the main responsibilities of the TDG program is the monitoring of emergency response plans (ERPs). Designed to assist emergency responders, an ERP describes what to do in the event of an actual or expected release of certain high-risk dangerous goods during transport.

Regulatory process

If a person wishes to carry on an activity related to transporting dangerous goods in a way that is not in compliance with the Transportation of Dangerous Goods Regulations, he or she must apply for an Equivalency Certificate following the information requirements in Part 14 of the Transportation of Dangerous Goods Regulations and must show that the way in which the activity will be carried on will provide a level of safety equivalent to complying with the Regulations.

Also, as mentioned in section 6.1 of the Transportation of Dangerous Goods Regulations, any person handling, requesting transportation of or transporting dangerous goods must be properly trained and hold a valid training certificate. Depending on the classification of the substances transported, an ERP must be approved by Transport Canada.

References

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)
https://laws-lois.justice.gc.ca/eng/acts/t-19.01/FullText.html

Transportation of Dangerous Goods Regulations (SOR/2001-286)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2001-286/FullText.html

Contact information

For more detailed guidance on this permit, please contact your regional TDG office.

Quebec Regional Office
Telephone: 514-633-3400
E-mail: TMD-TDG.Quebec@tc.gc.ca

4.9 Permits under the Disposal at Sea Regulations

Disposal at sea is managed by the Disposal at Sea Regulations under ECCC's Canadian Environmental Protection Act, 1999 (CEPA). This is a permit system designed to control the disposal of non-hazardous substances at sea and to protect the marine environment.

Section 122(1) of CEPA defines what is and what is not "disposal". Activities falling under paragraphs 122(1)(a) to (g) require a permit, while activities falling under paragraphs 122(1)(h) to (k) do not. Projects can often involve a mixture of both. Section 130 of CEPA also contains provisions for the authorization of "force majeure" events or emergencies with regard to disposal.

Relevant excerpt from CEPA section 122(1):

  • Disposal means:
    1. a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure,
    2. b) the disposal of dredged material into the sea from any source not mentioned in paragraph (a),
    3. c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,
    4. d) the deposit of a substance on the ice in an area of the sea,
    5. e) the disposal at sea of a ship or aircraft,
    6. f) the disposal or abandonment at sea of a platform or another structure, and
    7. g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c),
  • But does not include:
    1. h) a disposal of a substance that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,
    2. i) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,
    3. j) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or
    4. k) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources (immersion).

Disposal at sea provisions are set out in Division 3 of Part 7 of CEPA, and their aim is to protect the marine environment. Only those substances listed in Schedule 5 of CEPA may be disposed of at sea, and then only when this is the most practical and environmentally preferable solution. Permits are granted on a case-by-case basis following an application and review process. Schedule 6 of CEPA sets out the permit application review process. In general, permits for disposal at sea govern requirements for timing, handling, storage, loading, deposition at the disposal site and monitoring. Alternatives to disposal, such as recycling, and means of preventing or reducing waste generation must be properly evaluated. No permit is issued if there are practical ways of reusing or recycling the substance in question.

Once the permit has been granted, periodic inspections will be carried out during loading and disposal activities to verify compliance with permit conditions. Compliance monitoring is a shared responsibility between the Disposal at Sea Program and the Enforcement Branch. Enforcement officers verify compliance with permit conditions, conduct on-site inspections and investigate cases of suspected non-compliance. In the event of a violation, enforcement officers investigate. Once a violation has been confirmed, action is taken using one or more of the CEPA enforcement tools, such as warnings, directions, tickets and various orders, including injunctions, prosecutions or environmental protection compliance orders.

Following disposal operations, environmental monitoring studies are carried out at selected sites to verify that permit conditions have been met, and that the scientific estimates made during the permit review process were correct and sufficient to protect the marine environment and human health.

To find out more about the regulatory process for disposal at sea permits, please consult the chapter on legislative and operational framework in the Disposal at Sea Permit Application Guide.

Further information on all of the above can be found on the website Disposal at sea. The proponent may also contact regional program staff prior to application for advice on the information required and the assessment that must be carried out prior to submission of an application.

References

Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)
https://laws-lois.justice.gc.ca/eng/acts/C-15.31/FullText.html

Disposal at Sea Regulations (SOR/2001-275)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2001-275/page-1.html

Contact information

For more detailed guidance, please contact the ECCC's Environmental Protection Branch.

Disposal at Sea Program Environmental Protection Operations Directorate
Environmental Protection Branch
Environment and Climate Change Canada
6 Bruce Street
Mount Pearl NL A1N 4T3
Fax: 709-772-5097
E-mail: immersionatl-disposalatseaatl@ec.gc.ca

5. Interpretation

This permitting plan is not a legal document and does not change any existing federal, provincial, or Indigenous legislative or regulatory jurisdiction, right, power, privilege, prerogative or immunity by virtue, nor does it create any new legal powers, duties or legally binding obligations.

6. Contact Information

IAAC office that will manage the impact assessment of the Project is as follows:

Quebec Regional Office
Impact Assessment Agency of Canada
901-1550, avenue d'Estimauville
Québec (Québec) G1J 0C1
Telephone: 418-649-6444
E-mail: StrangeLake@iaac-aeic.gc.ca

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