MPMO Projects

PROJECT AGREEMENT FOR THE MATOUSH URANIUM EXPLORATION RAMP ACCESS PROJECT IN THE PROVINCE OF QUEBEC

Available in PDF format (304 Kb)

PREAMBLE

WHEREAS the Government of Canada is committed to improving the federal environmental assessment (EA) and regulatory review processes for major resource projects to enable a more effective assessment and mitigation of potential environmental effects, while protecting the health and safety of Canadians and promoting innovation and competitiveness within the Canadian resource industry sectors;

AND WHEREAS the Government of Canada is committed to undertaking a process of early, effective and meaningful engagement and consultation with Canada’s Aboriginal peoples concerning contemplated Crown conduct with respect to, among other things, major resource projects that may adversely affect established or potential Aboriginal and treaty rights under Section 35 of the Constitution Act 1982;
 
AND WHEREAS the Government of Canada has created the Major Projects Management Office (MPMO) for the purpose of overseeing and tracking the federal review and Aboriginal engagement and consultation for major resource projects;

AND WHEREAS Strateco Resources (the Proponent) has submitted a Project Description in support of its proposal to develop a uranium exploration ramp access located 260 km northeast of Chibougamau, within the James Bay and Northern Quebec Agreement (JBNQA) Territory in the province of Quebec;

AND WHEREAS the Canadian Nuclear Safety Commission (CNSC) has regulatory and statutory duties in relation to the development proposal;

AND WHEREAS based on the Vanadium Decision, the Court of Appeal of Quebec ruled that the Canadian Environmental Assessment Act (CEAA) applies in the James Bay and Northern Quebec Agreement (JBNQA) Territory however, the JBNQA Environmental and Social Impact assessment process substitutes for the EA process under the CEAA, as described in Annex VI.

AND WHEREAS the Project is subject to the federal Environmental and Social Impact assessment process described in Chapter 22 of the JBNQA;

AND WHEREAS the Federal Review Panel (the COFEX) will conduct, at the request of the Federal Administrator (namely the President of the Canadian Environmental Assessment Agency), an environmental review pursuant to the Chapter 22 of the JBQNA which will also be substituting the EA process pursuant to the CEAA;

AND WHEREAS the CNSC is a quasi-judicial administrative tribunal exclusively responsible for measures taken under the Nuclear Safety and Control Act and as such, the CNSC will ensure that the complete range of evidence required to make fully-informed decisions within its mandate is presented to the Commission;

AND WHEREAS this Project Agreement (the Agreement) cannot interfere with the JBNQA’s Environmental and Social Impact Assessment process;

AND WHEREAS nothing in this Project Agreement fetters the powers, statutory authorities and functions of the CNSC, federal departments/agencies and their respective Ministers;
 
NOW THEREFORE the signatories (the Parties) to this Agreement commit to work together to facilitate an effective, accountable, transparent, timely and predictable federal review in relation to the development proposal and to contribute to the discharging of any duty to consult with Aboriginal groups.

1.0 PURPOSE

This Agreement describes the main activities of the federal review and outlines the key roles and responsibilities of the Parties. For further clarity, the Agreement shall be read together with the Annexes, which form part of this Agreement. The federal review includes EA, regulatory review(s) and Aboriginal engagement and consultation activities.

2.0 PROJECT DESCRIPTION

The Project involves the excavation of an exploration ramp to determine the possibility of a uranium mine within the JBNQA Territory located approximately 260 km north of Chibougamau in Quebec. The principal infrastructure of the project consists of a 2405 metre ramp, at a maximum depth of 300 metres. Temporary structures will be built at the surface to support the underground exploration. No bulk samples are planned at this stage of exploration.

The proposed Project lies within the administrative region of the JBNQA (see Annex VI).

3.0 ROLES AND RESPONSIBILITIES

Based on the information provided by the Proponent, the following federal departments and agencies have identified an interest in the Project, and will participate in the federal review as follows:

• CNSC has regulatory and statutory responsibilities under the Nuclear Safety and Control Act (NSCA) and,pursuant to the CEAA, is a responsible authority (RA);

• Environment Canada (EC), Fisheries and Oceans Canada (DFO), Natural Resources Canada (NRCan) and Health Canada (HC) are federal authorities (FAs) pursuant to the CEAA and may be in possession of specialist or expert information or knowledge with respect to the Project (expert FAs), and, upon request, shall make available that information or knowledge to the RA and COFEX;

• The Canadian Environmental Assessment Agency (CEA Agency) has administrative and advisory responsibilities pursuant to the CEAA in support of the EA. The CEA Agency will act as the Federal Environmental Assessment Coordinator (FEAC), a role delegated by the CNSC, through an agreement. The CEA Agency will also act as the Crown Consultation Coordinator (CCC);

• Indian and Northern Affairs Canada (INAC) has advisory responsibilities to support the Government of Canada’s Aboriginal engagement and consultation activities in relation to the Project;

• The MPMO has administrative and advisory responsibilities under the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and the associated Memorandum of Understanding(MOU). The MPMO will provide oversight and advice throughout the entire federal review in relation to the Project to ensure adherence to the service standards and roles and responsibilities of all Parties.

For further information regarding the roles and responsibilities of the Parties, please see the applicable Annexes.

4.0 FEDERAL REVIEW PROCESS

The Environmental and Social Impact review process under Chapter 22 of the JBNQA substitutes for the EA process under CEAA.

As currently established by the Federal Administrator, under Chapter 22 of the JBNQA, guidelines were provided to the Proponent on March 31, 2009. These guidelines describe the components to be included in the proponent’s Environmental and Social Impact Statement (ESIS), including:

• Preparatory activities
• Proposed exploration methods: extraction, storage, loading and transporting of the mineral ore
• Management of residues
• Wastewater treatment and management
• Borrow pits
• Related infrastructures

In parallel to the federal JBNQA process (see Annex VI), the RA will confirm any regulatory decisions required in relation to the Project that are included in the CEAA.  If no regulatory decisions are required for a department or agency, it will end its participation in the EA as an RA, but may continue to participate as an expert FA should it be in possession of specialist or expert information or knowledge with respect to the Project.

The RA will exercise its duty pursuant to the CEAA, after taking into consideration the report and recommendations submitted by the Federal Administrator. As a result of the Vanadium decision, there will be no decision of the Minister of the Environment under the CEAA.

5.0 Aboriginal Engagement and Consultation

The Parties are committed to a “Whole of Government” approach to Aboriginal engagement and consultation in the context of major resource projects to ensure that Aboriginal groups are sufficiently consulted, and where appropriate accommodated, when the Government of Canada contemplates actions that may adversely affect established or potential Aboriginal and treaty rights.

The JBNQA is a modern treaty signed before the Constitution Act 1982. It states that Aboriginal communities in the Territory determine the mechanisms of consultation and participation regarding developmental projects. By sitting on the committees created by Chapter 22 of the JBQNA, the Cree actively participate in the analysis of projects and have “an important voice” in the process. In addition, Chapter 22.2.2 c) of the JBQNA states that, where necessary, consultations with Cree communities must take place to ensure their “enhanced” participation and to protect their rights and privileges established by the JBNQA.

Therefore, Aboriginal consultations will be conducted by the COFEX in collaboration with the RA and the expert FAs. A consultation plan will be developed by the COFEX and the RA in accordance with their roles.

The CEA Agency, as the Crown Consultation Coordinator, will evaluate the requirements for additional Aboriginal engagement and consultation. To the extent possible, the CEA Agency, the Parties and the COFEX will work together toward a coordinated and complementary approach to Aboriginal engagement and consultation.

The proposed Aboriginal engagement and consultation roles and responsibilities are identified in Annex III.

6.0 TIMELINES

As the Environmental and Social Impact review process under Chapter 22 of the JBNQA substitutes for the CEAA process, the timelines used will be the ones established under the JBNQA.

These target timelines are detailed in the Gantt chart in Annex I, and are as follows:

1. Completion of the EA – 6 months from the date of submission of the Proponent’s ESIS to the Federal Administrator’s recommendations, including the COFEX’s recommendation report, and a further 3 months to the posting of the EA course of action decisions on the CEAR; and

2. Regulatory decisions under the Nuclear Safety and Control Act – 6 months from the submission of the Federal Administrator’s recommendations, including the COFEX’s recommendation report. Note that a Licence to Operate necessitates a subsequent EA and that the CNSC timeline for this project ends with a Decision on the Application for a  Licence to Prepare Site and Construct.

The above timelines have been established on the basis of a number of assumptions, such as the JBNQA process and activities of participants to the review that are not signatories to this Agreement. Should events unfold in a manner that is different from what has been assumed, the timelines will necessarily be different.

The MPMO Tracker will provide for transparent and publicly accessible monitoring of the progress of the regulatory review.

7.0 FOLLOW-UP AND MONITORING

The RA will work with FAs, and the Proponent, to ensure that mitigation measures related to their areas of responsibility that were identified through the EA, and any conditions attached to licences and approvals, are effectively implemented.

For those mitigation strategies within federal jurisdiction that were identified through the EA but that are not related to the RA’s regulatory responsibilities, the FAs will provide assistance to ensure the mitigation and follow-up strategies related to areas within their mandate are adhered to and effectively implemented by the Proponent.

8.0 ADMINISTRATION

Tracking Progress

The milestones, timelines and service standards set out in this Agreement, subject to any amendments, will provide the basis against which the MPMOwill monitor the progress of the federal review and report on this progress in the MPMO Tracker.

The following are examples of situations where the MPMO may pause the timelines of the federal review:

1. the federal review is delayed at the request of the Proponent, another jurisdiction and/or the Federal Administrator;
2. the CEA Agency, the RA and/or COFEXhave indicated that the Proponent is required to provide additional information necessary for the completion of the federal review, or that the information provided is insufficient;
3. the federal review cannot proceed as a result of circumstances related to Aboriginal engagement and consultation; or
4. litigation or other court action prevents the completion or continuation of the federal review.

Issues Resolution

The Parties will use their best efforts to resolve any differences of opinion in the interpretation or application of this Agreement in an effective and timely manner.

Issues relating to the federal review for the Project will be resolved through direct discussions and collaboration between the involved Parties, supported by the MPMO, as appropriate given the restrictions associated with the nature of the JBNQA process.

Should issues remain outstanding, they will be referred to the appropriate senior level committee established through the MPMO Initiative.

Post-Project Evaluation

The Parties will participate in an informal evaluation of the effectiveness of the federal review in relation to the Project within 90 days of the completion of the regulatory review. The level of effort and format of the evaluation will be appropriate to the scale of the issues encountered.

Amendments

The Parties may recommend to the MPMO whether a change to the federal review or to the project warrants an amendment to the Agreement. Where there is agreement that an amendment is warranted, and where such amendment is considered significant, the MPMO, on behalf of the Parties, will provide the proposed amendment to the Major Projects Deputy Ministers for consideration.

Unless otherwise determined by the MPMO in collaboration with the Parties, amendment of the Agreement shall not cause the federal review to stop with respect to any Agreement-related activities that might be ongoing at the time when the need for amendment is identified.

9.0 PROJECT AGREEMENT

The Parties hereto have signed the Agreement, in counterpart, on the dates indicated below.

Original Signed by Cassie Doyle Deputy Minister Natural Resources Canada	October 30, 2009 Date
Original Signed by Peter Sylvester President Canadian Environmental Assessment Agency	November 06, 2009 Date
Original Signed by Michael Binder President Canadian Nuclear Safety Commission	November 02, 2009 Date
Original Signed by Claire Dansereau Deputy Minister Fisheries and Oceans Canada	November 06, 2009 Date
Original Signed by Ian Shugart Deputy Minister Environment Canada	November 04, 2009 Date
Original Signed by Michael Wernick Deputy Minister Indian and Northern Affairs Canada	November 05, 2009 Date

Annexes

Annex I - Gantt Chart: Target Timelines for the Federal Review of the Project

Annex II - Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Engagement and Consultation

Annex III - Aboriginal Engagement and Consultation Approach, Roles and Responsibilities

Annex IV - Canadian Nuclear Safety Commission: Roles, Responsibilities, Key Milestones and Service Standards

Annex V - Other Departments and Agencies: Roles and Responsibilities

Annex VI - Flow Chart Describing the JBNQA Federal Review Process

Annex I

GANTT Chart - Target Timelines for the Federal Review Process of the Project

Annex II

Key Milestones and Service Standards for the Environmental Assessment and Aboriginal Engagement and Consultation

	Description/Activity	Lead	Support As Needed	Service Standard/ Completion Date
	Post the Notice of Commencement of the EA on the CEAR	CNSC	CEA Agency	Completed – March 5, 2009
COFEX REVIEW PROCESS	Provide the EA Guidelines to the Proponent	Federal Administrator		Completed – March 31, 2009
	Issue FinalMandate to the COFEX	Federal Administrator		Completed – March 31, 2009
	Submit the ESIS	Proponent		To be determined by the Proponent
	Post Proponent’s ESIS for public comment	COFEX	CNSC	Within 20 days from submission of the ESIS by the proponent
	Start the review of the ESIS	COFEX	CNSC and expert FAs	Starts when the ESIS is submitted by the Proponent
	Public consultation sessions in the JBNQA Territory	COFEX	CNSC and expert FAs	Within 45 days after the submission of the ESIS
	Information requests to the Proponent	COFEX		2 months after the ESIS is submitted
	Submit requested information to the COFEX	Proponent		To be determined by the Proponent
	Complete the review of the ESIS (if no further questions to the Proponent)	COFEX		Within 30 days from submission of answers by the Proponent
	Submit COFEX report with recommendations to the Federal Administrator	COFEX		Within 6 months of the submission of the ESIS by the proponent
	Authorize the project	Federal Administrator		Within 4 weeks  from the submission of the COFEX’s report
	Provide advice to the RA informing the decisions with respect to the CEAA	Federal Administrator		Within 2 weeks from the Federal Administrator project authorization
	Post the EA Course of Action Decisions on the CEAR	CNSC	CEA Agency and expert FAs	Within 3 months of CEAA decision (schedule 37 of CEAA)

 

Annex III

Aboriginal Engagement and Consultation:
Approach, Roles and Responsibilities

1.0 Context

The Government of Canada consults with Aboriginal people for reasons of good governance, sound policy development and decision-making as well as for legal reasons.  Canada has statutory, contractual and common law obligations to consult with Aboriginal groups.  The common law duty to consult with Aboriginal groups applies when the Crown contemplates actions that may adversely affect established or potential Aboriginal and treaty rights.  These rights are recognized and affirmed in section 35 of the Constitution Act, 1982.

The JBNQA provides specific terms for the participation and consultation of the Cree wherever necessary, to protect the rights and privileges established in accordance with the Agreement (Chapter 22.2.2). Moreover, representatives of the Cree are appointed by the Cree Regional Administration, as members of the committees in charge of evaluating and reviewing developmental projects on the Territory.

The Government of Canada will take a “Whole of Government” approach to Aboriginal consultation in the context of major resource projects to ensure that Aboriginal groups are sufficiently consulted, and where appropriate accommodated, when it contemplates actions that may adversely affect established or potential Aboriginal and treaty rights.  This approach is mandated by both the Cabinet Directive on Improving the Performance of the Regulatory System for Major Resource Projects and the associated Memorandum of Understanding(MOU) (June, 2007).  The Directive states that Parties will work together towards a coordinated approach for Aboriginal consultation that is integrated with the EA, to the extent possible.  The approach for federal consultation of Aboriginal groups for major resource projects was created in accordance with Aboriginal Consultation and Accommodation: Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (INAC/Department of Justice; February 2008). 

2.0 Identifying Aboriginal Groups

the COFEX will undertake consultation activities among the Cree communities, whose rights and interests are protected by the JBNQA. the COFEX will identify the specific communities affected by the Project and will determine the appropriate level of engagement and consultation. During the course of the review of the project, the engaged communities and the consultation activities undertaken by the COFEX may change based on information received through the assessment or feedback from consultations.

The CEA Agency will identify, in conjunction with the CNSC, FAs and INAC, if other Aboriginal groups outside the JBNQA Territory should be consulted, and will assess, if necessary, the appropriate level of engagement and consultation activities to be undertaken by the RA to fulfill the Crown’s duty to consult.

3.0 The Federal Crown Consultation Process

The “Whole of Government” approach for Aboriginal engagement and consultation activities will be implemented throughout the entire federal review. Considering that the federal CEAA review process is substituted by the JBNQA review process, the consultation mechanisms and processes provided by the JBNQA for the Cree communities will be applied according to the level of engagement established by the COFEX. Best efforts will be made to ensure that the timeframe for consultation activities coincides with key milestones and processes.  It is important to acknowledge that timeframes for consultation activities may diverge from pre-established federal review timeframes, based on consultation requirements. Should modifications to timeframes be required due to the consultation process, revisions will be discussed by all Parties.

Where accommodation is required, the Crown, coordinated by the CEA Agency, will monitor and determine whether mitigation measures identified reasonably address concerns regarding potential adverse impacts on established or potential Aboriginal and treaty rights. The Crown may also examine the role of third parties in addressing adverse impacts on established or potential Aboriginal and treaty rights. The Crown will work with Aboriginal groups and attempt to identify options or solutions that balance the interests of those Aboriginal groups with other societal interests.

4.0 Roles and Responsibilities of Parties

The CNSC has delegated the FEAC role to the CEA Agency through a written agreement; therefore, the CEA Agency will act as the Crown Consultation Coordinator (CCC) for the federal review in relation to the Project to satisfy the Crown’s obligations.  The role of the CCC is described below.  Key Aboriginal engagement and consultation milestones are included in Annex II.

Roles and responsibilities of each Party are:

The CEA Agency as the FEAC, will:

• Act as the CCC for the federal review of the Project, coordinate and facilitate the Crown’s engagement and consultation activities before and during the EA, and ensure a smooth transition to the regulatory review if required.  As the CCC, the CEA Agency will:
  • Identify and engage Aboriginal groups, in cooperation with the RA as appropriate;
  • Prepare an Aboriginal consultation work plan in collaboration with other Parties to complement the COFEX’s consultation plan;
  • Ensure that consultation activities required for the Project are integrated with the EA process, as a means to discharge the Crown’s duty to consult;
  • Ensure that a consultation process is in place for the regulatory review through the transfer of the CCC role to an RA;
  • Track and refer project specific issues raised by Aboriginal peoples to the appropriate entities (e.g., RA, Proponent, Province, etc.);
  • Track and refer non-project specific issues (e.g. land claims, treaty rights) to appropriate entities (e.g., INAC, Province, etc.);
  • Address project specific issues in the context of the federal review;
  • Facilitate multi-party consultation activities where necessary;
  • Represent the Crown and lead Crown consultation activities that may have been identified as required in complement to those conducted by the COFEX, together with the RA, and FAs that are requested to participate;
  • Compile and update the Record of Crown Consultation Activities (housed at MPMO) conducted during the federal review, and then transfer responsibility for managing the Record to the MPMO at the end of the review;
  • Provide funding for consultation activities in support of the federal review process through the Aboriginal Funding Envelope of the CEA Agency’s Participant Funding Program;
  • Evaluate the scope, nature, and sufficiency of the Crown’s consultation efforts, with input from the Department of Justice, INAC and the RA, taking into consideration the COFEX’s Aboriginal consultation effort; and
  • Issue final letter if required, on behalf of Government of Canada, to Aboriginal groups on how concerns were addressed.

the COFEX, independently from this Agreement:

• Have indicated their intention to request the cooperation of the RA and expert FAs to identify and consult Aboriginal  groups, in cooperation with the RA as appropriate, located within the JBNQA Territory;
• Will prepare an Aboriginal consultation work plan in collaboration with the Parties;
• Will inform the concerned Aboriginal communities in a timely and appropriate manner of the EA review process, and of the consultation opportunities;
• Will address project specific issues, concerns and interests of the communities in the context of the federal review;
• Will take into consideration in the review conducted, the concerns raised by the consulted Aboriginal communities.

The Major Projects Management Office will:

• Provide oversight to ensure the overall consistency, accountability, and transparency of the Aboriginal Crown engagement and consultation effort, for the entire federal review;
• House and maintain the official Record of Crown Consultation Activities for the Project; and
• Incorporate information relating to consultation activities into the MPMO Tracker.

Responsible Authorities will:

• Participate in coordinated consultation activities throughout the entire federal review under the JBNQA (including pre-assessment, assessment, and post–assessment phases), as appropriate/required;
• Represent the Crown alongside the CCC, the Province, the Proponent and other Parties to address Aboriginal issues, as appropriate/required;
• Contribute to the “Whole of Government” approach by participating in consultation activities in areas relevant/appropriate to their mandates and areas of statutory and policy responsibility;
• Report on engagement and consultation activities to the CEA Agency and the MPMO in accordance with the established records-management process; and
• Support issues analysis work and the COFEX, where required;
• Provide input into the response to Aboriginal Groups on how concerns were addressed.

Federal Authorities and Expert Departments will:

• Participate in any of the above activities upon request of the CCC, the COFEX and/or the RA, as appropriate.

The Department of Justice (DOJ) and INAC will:

• Provide legal services (DOJ), information and advice to the CEA Agency, MPMO and the RA as appropriate and required throughout the federal review; and
• Assist in the evaluation of the scope, nature, and sufficiency of the Crown’s consultation efforts.

CNSC’s Legal Services will:

Provide legal services, information and advice to the CNSC as appropriate and required.

Annex IV

Canadian Nuclear Safety Commission
Roles, Responsibilities, Key Milestones and Service Standards

EA and Licensing

• Participate in meetings with other federal/provincial authorities and the COFEX, as appropriate;
• Review and comment on the EA work plan and Aboriginal engagement and consultation work plan;
• Provide support to the COFEX, to review and comment on the ESIS and participate in the analysis of comments on the ESIS;
• Provide expert advice with respect to CNSC’s mandate under the NSCA;
• Perform the assessment of the Proponent’s first licence application within a framework of accepted project management practices;
• Consult with affected/potentially affected Aboriginal groups on the ESIS as appropriate;
• Participate in public participation activities, as appropriate;
• Manage the CEAR;
• Take a course of action decision following the Federal Administrator‘s recommendation on the project;
• Provide input into the follow-up and monitoring programs relative to CNSC’s areas of regulatory responsibilities and areas of interests under the NSCA, as required;
• Finalize design of compliance and follow-up programs; and
• Work with expert FAs to ensure implementation of mitigation measures, and those aspects of the follow-up program related to CNSC’s areas of regulatory responsibilities and areas of interest under the NSCA, as required.

Regulatory

• Ensure implementation of mitigation measures through appropriate licences;
• Ensure implementation of the follow-up program through appropriate licences; and
• Provide public access to the licensing project file for future licence applications.

The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available.

MILESTONE	ACTIVITIES/DESCRIPTION	LEAD	SERVICE STANDARD
Submission of technical information to support the application for a Licence To Prepare Site And Construct for underground exploration of the Matoush uranium deposit	Submission of technical information to support application for Licence to Prepare Site and Construct for underground exploration of the Matoush uranium deposit.	Proponent	To be determined by the Proponent
Regulatory review of technical information to support the application for a Licence To Prepare Site And Construct for underground exploration of the Matoush uranium deposit	The intent of the technical review is to determine whether the applicant is qualified to carry on the requested activities and whether the applicant will, in carrying out those activities, make adequate provision for the protection of the health and safety of persons and the environment, and maintenance of national security and measures required to implement international obligations to which Canada has agreed.	CNSC and expert FAs	To be completed within 6 months of receipt of technical information to support application for the licence
Issue a Notice of Public Hearing	The Commission will conduct hearings on the application for a licence, in accordance with the NSCA and its Rules of Procedure once the environmental assessment process has been completed and a decision has been made that the project could proceed and the technical review of the licence application  and supporting information has been completed.  The hearing process is initiated by the issuance of a Notice of Public Hearing	CNSC	Within 30 days of the completion of both the environmental assessment decision and the technical review
Conduct Day One Hearing	On Hearing Day 1 of a two-day public hearing, the applicant and CNSC staff present written and oral submissions to the Commission and respond to questions from the Commission.	CNSC	Minimum 60 days after Notice of Public Hearing released
Conduct Day Two Hearing	On Hearing Day 2 registered intervenors present written and or oral submissions to the Commission and respond to   questions from the Commission. The applicant and CNSC staff must also attend Hearing Day 2 and be prepared to respond to further questioning by the Commission.	CNSC	Minimum 60 days after the conclusion of a Day One Hearing
Publish Decision and Reasons for Decision	The CNSC Commission publishes its Reasons for Decision.	CNSC	6 weeks from date of the conclusion of the hearing

Annex V

Other Departments and Agencies:
Roles and Responsibilities

PARTY	ROLES / RESPONSIBILITIES
CEA Agency	Act as the FEAC under delegation agreement with CNSC; Provide advice in regards to the application of the CEAA; Coordinate the federal input and federal Crown Consultation activities for the EA in relation to the Project; Coordinate intergovernmental cooperation including consultations with Aboriginal communities; Coordinate the overall federal Environmental and Social Impact Assessment process of Chapter 22 of the JBNQA; and Make participant funding available and maintain funding program of the CEAA;
NRCan	Provide expert advice when requested by the COFEX and/or the RA. Advice will be provided within timelines requested by the COFEX and/or the RA. Provide any assistance requested by an RA in ensuring the implementation of a mitigation measure on which the Federal Administrator and the RA have agreed; Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from Federal Administrator recommendations/decision made, and as agreed to with the RA;
DFO	Provide advice regarding fish and fish habitat when requested by the COFEX and/or the RA. Advice will be provided within timelines requested by the COFEX and/or the RA. Provide any assistance requested by an RA in ensuring the implementation of a mitigation measure on which the Federal Administrator and the RA have agreed; Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from Federal Administrator recommendations/ decision made, and as agreed to with the RA;
EC	Provide advice regarding wildlife, migratory birds and non-aquatic species at risk when requested by the COFEX and/or the RA. Advice will be provided within timelines requested by the COFEX and/or the RA; Provide any assistance requested by an RA in ensuring the implementation of a mitigation measure on which the Federal Administrator and the RA have agreed Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from Federal Administrator recommendations/decision made, and as agreed to with the RA;
HC	Upon request from an RA or the COFEX, HC as an expert FA will perform and fulfill the following roles and responsibilities: Review and submit comments on the EA work plan and Aboriginal Consultation work plan, as appropriate; Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from Federal Administrator recommendations/decision made, and as agreed to with the RA; and Provide advice regarding the potential human health implications of the Project when requested by the COFEX and/or the RA. Advice will be provided within timelines requested by the COFEX and/or RA; Provide any assistance requested by an RA in ensuring the implementation of a mitigation measure on which the Federal Administrator and the RA have agreed; Review and submit comments on the Environmental and Social Impact Assessment, regarding the potential human health implications, and comments received on it; and Participate in federal project review committee meetings for provision of relevant expertise that is available.
INAC	Provide advice in regards to Aboriginal engagement and consultation.
MPMO	Coordinate the development and approval of the Project Agreement; Monitor and report on the progress of the regulatory review after de COFEX has submitted its report and recommendations; Take proactive steps to identify opportunities to streamline the federal review to meet government timelines and identify bottlenecks that could cause delay; and, Incorporate information received from the CEA Agency, federal authorities RA(s), and Proponent on the EA and regulatory milestones into the MPMO Tracker.

Annex VI

Flow Chart Describing the JBNQA Federal Review Process