MPMO Projects

PROJECT AGREEMENT FOR THE STAR-ORION SOUTH DIAMOND MINE PROJECT IN SASKATCHEWAN

Available in PDF format (893 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 s.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 Shore Gold Inc. (the Proponent) has submitted a Project Description in support of its proposal to develop a diamond mine 60 kilometres east of Prince Albert, Saskatchewan (SK);

AND WHEREAS Fisheries and Oceans Canada (DFO), Natural Resources Canada (NRCan) and Indian and Northern Affairs Canada (INAC) have, and Transport Canada (TC) may have, regulatory and statutory duties in relation to the development proposal;

AND WHEREAS DFO, TC, NRCan and INAC will commence a comprehensive study pursuant to the Canadian Environmental Assessment Act (CEAA);

AND WHEREAS nothing in this Project Agreement (the Agreement) fetters the powers, statutory authorities and functions of federal departments/agencies and their respective Ministers;

AND WHEREAS Saskatchewan Ministry of Environment (SK MOE) and the Canadian Environmental Assessment Agency (CEA Agency) have agreed to coordinate the federal and provincial EAs to the extent possible pursuant to the Canada-Saskatchewan Agreement on Environmental Assessment Cooperation;

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 development proposal consists of mining a diamond deposit located in central Saskatchewan. The proposal includes an open pit at the Star Kimberlite and potentially a second open pit at the Orion South Kimberlite. Other components include: Dense Media Separation plant with a capacity of 40,000 tonnes/day; internal roads and conveyors; dewatering facilities and dewatering wells and/or dewatering trenches/collectors; overburden piles and a coarse processed kimberlite pile; gravel screening and washing facility; mine water containment facilities, surface water diversion channels, administrative buildings and maintenance shop; security facilities, helicopter landing pad; explosives factory and magazine; fuel storage and distribution facilities; and, installation of a temporary construction camp.

The Project for the purposes of the federal review may be different from the development proposal, as described in section 4.0.

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:

• DFO has regulatory and statutory responsibilities under the Fisheries Act and,pursuant to the CEAA, is an RA. DFO may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;

• TC may have regulatory and statutory responsibilities under the Navigable Waters Protection Act (NWPA) and, pursuant to the CEAA, is likely an RA. TC requires a Navigation Impact Assessment (NIA) to be completed as a component of the EA. To complete the NIA and make its EA decision, TC requires all information described in the NWPA application form. In order to meet timelines in this Agreement this information must be submitted no later than the time of submission of the EIS. TC may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;

• NRCan has regulatory and statutory responsibilities under the Explosives Act and, pursuant to the CEAA, is an RA. NRCan may be in possession of specialist or expert information or knowledge with respect to the Project and, on request, shall make available that information or knowledge to RAs;

• INAC has regulatory and statutory responsibilities under the Indian Act and, pursuant to the CEAA, is an RA. INAC also has advisory responsibilities to support the Government of Canada’s Aboriginal engagement and consultation activities in respect of the Project;

• Environment Canada (EC) and Health Canada (HC) are federal authorities (FAs) pursuant to the CEAA and are 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 RAs;

• The CEA Agency has administrative and advisory responsibilities pursuant to the CEAA in support of the EA. The CEA Agency will act as the EA Manager, the Crown Consultation Coordinator (CCC) for the EA in relation to the Project, and will coordinate the federal input into the provincial EA, to the extent possible;

• 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 applicable Annexes.

4.0 FEDERAL REVIEW PROCESS

As proposed by the RAs, the preliminary scope of the Project includes the physical works and activities associated with the construction, operation and decommissioning of the following project components:

• stream crossings related to a proposed access corridor; on-site roadways and power/gas line;
• ancillary features located on Reserve lands;
• explosives mixing (factory) and storage (magazine) facilities; and,
• site water management facilities that would result in the harmful alteration, disruption or destruction of fish habitat and impact to navigation, including dewatering facilities and water diversion channels.

The RAs will work together with expert FAs to jointly meet their responsibilities under the CEAA.  The RAs have determined that the type of EA required is a comprehensive study subject to the decision taken by the Minister of Environment pursuant to s. 21.1(1) of the CEAA.

The CEA Agency and SK MOE will coordinate their respective review processes, to ensure that joint steps are undertaken wherever that can appropriately be done pursuant to the Canada-Saskatchewan Agreement on Environmental Assessment Cooperation. 

Annex I shows a Gantt chart of the federal review process. Annex II shows the key milestones and service standards for the EA and for Aboriginal engagement and consultation. Annex IX depicts the Canada Saskatchewan Cooperative EA process.

Through the EA process, RAs will confirm any regulatory decisions required in relation to the Project.  If no regulatory decisions are required for a department or agency, it will end its participation in the EA as an RA, but may, upon request from an RA, continue to participate as an expert FA should it be in possession of specialist or expert information or knowledge with respect to the Project.

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. To the extent possible, and with the CEA Agency responsible for coordination, the Parties will work together toward a coordinated approach for Aboriginal engagement and consultation that is integrated with the environmental assessment phase of the federal review.

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

6.0 TIMELINES

Timelines identified in the Project Agreement represent the time taken by federal departments and agencies in carrying out their respective tasks for the federal review. The target timelines for the federal review are detailed in the Gantt Chart in Annex I, and are as follows:

1. Completion of the EA – 23months from the posting of the Notice of Commencement on the Canadian Environmental Assessment Registry Internet Site (CEARIS) to the posting of EA Course of Action decisions;
2. If appropriate, regulatory decisions pursuant to the Fisheries Act, NWPA, and Explosives Act¹ – 3 months from the EA Course of Action decisions posted on the CEAR, assuming submission of the Fisheries Act and NWPA applications no later than the time of the submission of the EIS.
3. INAC has indicated that the proposed gas/power line crossing on reserve land will require an approval pursuant to s. 35 of the Indian Act. The timeline for this approval is 10 months following the posting of EA Course of Action decisions on the CEARIS.

The above timelines have been established on the basis of a number of assumptions, such as 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 federal review.

7.0 FOLLOW-UP AND MONITORING

The RAs have responsibilities under CEAA in relation to ensuring the implementation of mitigation measures and the design and implementation a follow-up program.  RAs will work with the expert FAs, the Proponent and SK MOE, to fulfil these responsibilities.  Federal authorities will provide any assistance requested by RAs in ensuring the implementation of any mitigation measure or aspect of a follow-up program on which FAs and RAs have agreed.

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 MPMO will 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 or another jurisdiction;
2. the CEA Agency and/or RAs have 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.

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 an 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	December 10, 2009 Date
Original Signed by Peter Sylvester President Canadian Environmental Assessment Agency	December 10, 2009 Date
Original Signed by Claire Dansereau Deputy Minister Fisheries and Oceans Canada	December 10, 2009 Date
Original Signed by Yaprak Baltacioğlu Deputy Minister Transport Canada	December 10, 2009 Date
Original Signed by Michael Wernick Deputy Minister Indian and Northern Affairs	December 14, 2009 Date
Original Signed by Ian Shugart Deputy Minister Environment Canada	December 10, 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 and Roles and Responsibilities

Annex IV - Fisheries and Oceans Canada: Roles, Responsibilities, Key Milestones and Service Standards

Annex V - Transport Canada: Roles, Responsibilities, Key Milestones and Service Standards

Annex VI - Natural Resources Canada: Roles, Responsibilities, Key Milestones and Service Standards

Annex VII - Indian and Northern Affairs Canada: Roles, Responsibilities, Key Milestones and Service Standards

Annex VIII - Other Government Departments and Agencies: Roles and Responsibilities

Annex IX - Canada-Saskatchewan Cooperative EA 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 (NoC) on the Canadian Environmental Assessment Registry Internet Site (CEARIS)	INAC	RAs, CEA Agency	Completed July 10, 2009
Revise NoC on the CEARIS	INAC	RAs, CEA Agency	Within 14 calendar days of receiving written confirmation from DFO of the change of the EA track to a comprehensive study.
Announce Availability of Aboriginal Funding (Aboriginal Funding Envelope (AFE) Phase 1)	CEA Agency		Concurrent with the posting of the revised NoC
Notify Aboriginal Groups that a federal EA is required	CEA Agency		July 23, 2009
Award Aboriginal Funding (Phase 1) and announce availability of Participant Funding (Regular Funding Envelope (RFE) and AFE Phase 2)	CEA Agency		No later than the posting of the Proposed Scope for the comprehensive study
Post the Proposed Scope of the comprehensive study on the CEARIS	CEA Agency	RAs	Within 12 weeks from the posting of the revised NoC
Public Comment Period on the Proposed Scope and EA Track	CEA Agency, RAs	Expert FAs	8 weeks, starting from the posting of the Proposed Scope
Aboriginal engagement on the Proposed Scope and EA Track	CEA Agency, RAs	Expert FAs	Concurrent with the public comment period on the Proposed Scope
Finalize Proposed Scope	RAs	CEA Agency, Expert FAs	Within 3 weeks from the end of the Public Comment Period
Submit Track Report to Minister of the Environment	RA	CEA Agency, RAs	Within 5 weeks from finalizing the Proposed Scope
Post Notice of Minister of the Environment’s EA Track Decision on the CEARIS	CEA Agency		Within 3 weeks from the submission of the Track Report
Post the Final Scope on the CEARIS	CEA Agency	RAs	Concurrent with the posting of the Minister’s Track Decision
Award Participant Funding (RFE and AFE Phase 2)	CEA Agency		Concurrent with the posting of the Minister’s Track Decision
Provide EIS Guidelines to the Proponent	Province of Saskatchewan	CEA Agency, RAs	To be determined by the Province of Saskatchewan
Submit Draft EIS	Proponent		To be determined by the Proponent
Submit Applications for Federal Permits and Regulatory Approvals	Proponent		No later than the time of the submission of the EIS
Public comment period on and federal review of the Draft EIS	CEA Agency	RAs, Expert FAs	Start within 2 weeks from submission of Draft EIS (for 6 weeks)
Commence Aboriginal engagement on Draft EIS	CEA Agency	RAs, Expert FAs	Start within 2 weeks from submission of Draft EIS
Provide federal comments to the Proponent on Draft EIS	CEA Agency		Within 9 weeks from the submission of the Draft EIS
Submit revised EIS	Proponent		To be determined by the Proponent
Provide comments to the Proponent on revised EIS	RAs, CEA Agency	Expert FAs	Within 5 weeks from submission of revised EIS
Submit Final EIS	Proponent		To be determined by the Proponent
Distribute Draft Comprehensive Study Report (CSR) to RAs and FAs	CEA Agency	RAs, Expert FAs	Within 6 weeks from the submission of the Final EIS
Provide comments on Draft CSR	RAs	Expert FAs	Within 6 weeks of receipt of Draft CSR
Distribute Revised CSR to RAs and FAs	CEA Agency	RAs, Expert FAs	Within 4 weeks from the receipt of federal comments on the Draft CSR
Commence Aboriginal engagement on Revised CSR	CEA Agency, RAs	Expert FAs	Start within 2 weeks from distribution of Revised CSR to RAs and FAs
Provide federal comments on Revised CSR	RAs	Expert FAs	Within 6 weeks from distribution of Revised CSR to RAs and FAs
SubmitFinal CSR to RAs and Expert FAs	CEA Agency	RAs, Expert FAs	Within 3 weeks from the provision of federal comments on revised CSR
Approve Final CSR	RAs	CEA Agency, Expert FAs	Within 2 weeks from receiving Final CSR
Translate Final CSR	CEA Agency		Within 8 weeks from the approval of Final CSR
Submit the Final CSR to the Minister of the Environment	RAs	CEA Agency	Within 1 week from receiving the translated Final CSR
Post the Final CSR for public and Aboriginal comment on the CEARIS	CEA Agency		Within 2 weeks from receiving the translated Final CSR
Public comment on the Final CSR	CEA Agency	RAs and Expert FAs	4 weeks, starting from the posting of the Final CSR
Aboriginal engagement on the final CSR	CEA Agency	RAs and Expert FAs	4 weeks, starting from the posting of the Final CSR
Post notice of  Minister of the Environment’s EA Decision Statement on CEARIS	CEA Agency		Within 11 weeks from the close of the comment period on the  Final CSR
Post analysis of the public and aboriginal comments on the Final CSR on the CEARIS	CEA Agency	RAs	Concurrent with the posting of the Minister of the Environment’s EA Decision Statement
Post Course of Action Decisions on CEARIS	RAs	CEA Agency	Within 3 weeks from the Minister of the Environment’s EA Decision

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 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 CEA Agency, in conjunction with RAs and the MPMO, will identify Aboriginal groups for engagement and will determine the appropriate level of engagement and consultation for identified groups. Aboriginal groups engaged may change over time based on information received during the course of the assessment and information received from Aboriginal groups, as may the level of engagement and consultation activities undertaken by the Crown.

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.  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 identified mitigation measures 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 CEA Agency will act as the Crown Consultation Coordinator (CCC) for the environmental assessment phase of 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 will:

• Act as the CCC for the environmental assessment phase of the federal review in relation to 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 RAs as appropriate;
  • Prepare an Aboriginal consultation work plan in collaboration with other Parties;
  • Ensure that consultation activities are integrated with the EA process to the extent possible, including provisions of opportunities to Aboriginal groups to review EA documents, as part of the Crown’s consultation efforts;
  • 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 groups to the appropriate entities (e.g., RAs, Proponent, Province, etc.);
  • Track and refer non-project specific issues (e.g. land claims, treaty rights) to appropriate entities (e.g., INAC, Province, etc.);
  • Ensure RAs consider 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, together with RAs, 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 through the CEA Agency’s Participant Funding Program to assist Aboriginal groups in commenting on those documents;
  • Lead the evaluation of the scope, nature, and sufficiency of the Crown’s consultation efforts, with input from the Department of Justice (DOJ), INAC and RAs; and
  • Coordinate the response, with input from INAC and RAs, on behalf of the Government of Canada, to Aboriginal groups on how concerns were addressed.

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 engagement and consultation activities throughout the federal review (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;
• Provide input into the response to Aboriginal groups on how concerns were addressed;  and,
• Support issues analysis work, where required.

Expert Federal Authorities will:

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

The Department of Justice and Indian and Northern Affairs Canada will:

• Provide legal services (DOJ), information and advice to the CEA Agency, MPMO and RAs 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.

Annex IV

Fisheries and Oceans Canada:
Roles, Responsibilities, Key Milestones and Service Standards

EA

• Participate in meetings with other federal/provincial authorities as appropriate;
• Review, comment on and approve the EA work plan and Aboriginal consultation work plan;
• Review and comment on the EIS Guidelines;
• Review and comment on the EIS, and participate in the analysis of comments on the EIS;
• Afford TC an opportunity to review proposed mitigation measures with respect to potential impacts on navigation;
• Provide expert advice with respect to DFO’s mandate under the Fisheries Act and aquatic species under the Species at Risk Act;
• Engage and consult with affected or potentially affected Aboriginal groups, as appropriate;
• Review, comment on, and approve, the scoping document, track report and the CSR;
• Take course of action decision following the Minister of the Environment’s EA decision; and,
• Work with other RAs, expert FAs, the Proponent and the province to ensure implementation of mitigation measures and the design and implementation of a follow-up program, and where appropriate, accommodation of adverse impacts on potential or established s. 35 rights, as required.

Regulatory

• Participate in meetings with other federal/provincial authorities as appropriate;
• Prepare regulatory work plan;
• Conduct site visits to support its regulatory decisions, as required;
• Participate in public comment period;
• Afford TC an opportunity to review any necessary fish habitat compensation plan with respect to TC’s legislative mandate prior to the issuance of authorizations; and,
• Undertake any required activities related to DFO’s areas of interest under the Fisheries Act and aquatic species under the Species at Risk Act as required, to support DFO’s regulatory decisions, including consulting with affected/potentially affected Aboriginal groups as appropriate.

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

MILESTONE	ACTIVITIES/DESCRIPTION	LEAD	SERVICE STANDARD
The following milestones occur after DFO’s review of the Project Description and determination that an authorization under Subsection 35(2) and/or Section 322 of the Fisheries Act is required.
Receipt of an application for a ss. 35(2) and/or s. 32 Fisheries Act authorization(s)	DFO receives application from the proponent for authorization of impacts to fish and fish habitat under ss. 35(2) and/or s. 32 the Fisheries Act complete with adequate plans, maps, reports and data to support the review.  This may include a Fish Habitat Compensation Plan (FHCP) to support the Fisheries Act review.	Proponent	Dependent on timing of the submission of the application by the Proponent.
Response regarding impacts to fish and fish habitat, and adequacy of information	DFO reviews the application package (including proposed FHCP and associated estimate of financial security, if provided) for adequacy, to support the Fisheries Act review and responds to Proponent, which may include a request for additional information.   Provide TC with a copy of the draft FHCP and any potential comments for review with respect to navigational concerns	DFO	Within 9 weeks of the receipt of a complete application, including an acceptable FHCP. If the compensation plan is submitted at a different time from when the EIS is submitted, an additional 7 weeks will be required to review the FHCP. Within 4 weeks of receiving the draft FHCP.
Receipt of additional information	DFO receives additional information from the proponent.	Proponent	Dependent on timing of the submission of additional information by the proponent – must be included in the EIS, at the latest.
Determine if  additional information is adequate	DFO determines that adequate information on fish and fish habitat, including FHCP, has been provided for the EA to make a conclusion on significance of adverse effects on fish and fish habitat. DFO informs proponent.	DFO	Adequate information on the FHCP, considered mitigation for the EA, must be provided during the EA review period for inclusion in the EA report before the report can be completed. Within 7 weeks of receipt of adequate information.
EA course of action decision under CEAA	DFO reaches a course of action decision under CEAA that will determine whether authorization(s) may be issued. If course of action decision allows for proceeding with authorization(s), the subsequent activities and milestones will apply.	DFO	As per Annex II
Receipt of fish habitat compensation plan (if not yet provided)	DFO receives final detailed fish habitat compensation plan, including details relative to financial security (if required).	Proponent	Dependent on timing of the submission by the proponent
Response regarding receipt /review of fish habitat compensation plan	DFO notifies the proponent that the final detailed fish habitat compensation plan is acceptable.	DFO	Within 60 days of receipt of an acceptable fish habitat compensation plan
Decision regarding Issuance of ss. 35(2) and/or s. 32 Fisheries Act authorization	If appropriate, DFO issues a Fisheries Act authorization to the proponent for impacts to fish and fish habitat.	DFO	DFO issues the authorization 90 calendar days after DFO makes an appropriate course of action decision.  Issuance will be contingent upon: The receipt of an acceptable application, including a FHCP and proof of financial security. The discharge of any legal Aboriginal consultation obligations associated with the authorization(s). An EA Course of Action Decision under s. 37(1)(a) of the CEAA. Issuance of the authorization(s) may also consider the Proponent’s timing needs for the authorization(s) in that, should an authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate.

Annex V

Transport Canada
Roles, Responsibilities, Key Milestones and Service Standards

EA

• Participate in meetings with other federal/provincial authorities, as appropriate;
• Review and comment on the EA work plan and Aboriginal consultation work plan;
• Review and comment on the EIS Guidelines;
• Review draft Fish Habitat Compensation Plan(s) for potential impact on navigation and provide expert advice to DFO with respect to proposed mitigation measures;
• Review and comment on the EIS, and participate in the analysis of comments on the EIS;
• Engage and consult with affected or potentially affected Aboriginal groups, as appropriate;
• Review, comment on, and approve, the scoping document, track report and the CSR;
• Provide expert advice with respect to TC’s mandate, including under the NWPA;
• Take course of action decision following the Minister of the Environment’s EA decision; and
• Work with other RAs, expert FAs, the Proponent and the province to ensure implementation of mitigation measures and the design and implementation of a follow-up program, and where appropriate, accommodation of adverse impacts on potential or established s. 35 rights, as required.

Regulatory

• Participate in meetings with other federal/provincial authorities as appropriate;
• Participate in public comment period, public notice and possible public consultations concerning navigation issues;
• Undertake any required activities related to TC’s regulatory responsibilities under the NWPA, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support TC’s regulatory decisions; and
• Conduct site inspections to support its regulatory decisions, as required.

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

MILESTONE	ACTIVITIES/ DESCRIPTION	LEAD	SERVICE STANDARD
Liaise with the Proponent regarding potential works in regards to impacts on navigability	Liaise with the Proponent regarding proposed works that could potentially impact navigation and on potential alternatives and mitigation strategies to ensure that navigability is maintained.	TC	Ongoing
Submit NWPA application(s), including information required to process applications under the NWPA, for each proposed work	Provide TC with application for each proposed work and request for NWPA approval(s) complete with dimensioned plans, maps, reports, studies and data as outlined on the NWPAwebsite, no later than the time of submission of the EIS.	Proponent	Determined by the Proponent but no later than the time of submission of the EIS.
Determination and comment on NWPA application(s)	Review application package and information/plans for adequacy to support NWPAreview. Requests further information, if required, to proceed with application. Review draft fish habitat compensation plan/strategy for potential impacts to navigation and provide comments to DFO with respect to the navigability of the watercourse and any concerns regarding potential mitigation measures with respect to navigation.	TC	8 weeks after application submission.       Within 2 weeks of receiving the draft fish habitat compensation plan/strategy.
Navigation Impact Assessment (NIA) process - on-site inspection(s)	Complete on-site NIA of Project, site and waterway(s), subject to weather and time of year.	TC	An initial 2 month inspection process, then ongoing until completion of public comment process.
Notice to the Proponent to advertise pursuant to NWPA s. 9(3), if required	Provide the Proponent with advertisement package pursuant to NWPA s. 9(3).	TC	Within 3 weeks of completed initial on-site inspection and following the assessment of navigational issues arising from any changes to the Project due to EA issues.
Deposit and Advertise, if required	Deposit “Final Plans” and other relevant information to Land Title Office or the government agent and advertise in one or more local papers and the Canada Gazette. Provide proof of deposit & advertising to TC.	Proponent Land Title Office, Canada Gazette	Advertisement process is to occur for a minimum of 30 +1 calendar days.
Address public and/or Aboriginal groups’ comments regarding Project’s potential impact on navigation	Should TC receive concerns from the public and/or Aboriginal groups regarding navigation, the Proponent and TC will work together to resolve concerns. Additional requirements might be deemed necessary by TC in regards to potential impacts on navigation posed by proposed works. TC will facilitate public comment process if required.	Proponent and TC           TC	To be completed within 2 months of completion of the advertisement process.
Resubmission of NWPA application(s), if required	Resubmission of NWPA application(s), where applicable and re-deposit and re-advertising of plans in one or more local papers and the Canada Gazette is required, if substantial changes to proposed work(s) are required. Furthermore, DFO fish habitat compensation plans will have to be reviewed prior to issuing an approval.	Proponent	Dependent on Proponent, if required.
Final application review process	Perform a final review of all information on file, including technical information and public comments.	TC	4 weeks
Issue approval under NWPA, if appropriate	If appropriate, issue approvals under NWPA.		Within 90 calendar days following EA Course of Action decision if NWPA application(s) submitted no later than the time of submission of the EIS.

Annex VI

Natural Resources Canada
Roles, Responsibilities, Key Milestones and Service Standards

EA

• Participate in meetings with other federal/provincial authorities, as appropriate;
• Review, comment on and approve the EA work plan and Aboriginal consultation work plan;
• Review and comment on the EIS Guidelines;
• Review and comment on the EIS, and participate in the analysis of comments on the EIS;
• Review, comment on, and approve, the scoping document, track report and the CSR;
• Participate in the assessment as a federal authority with respect to NRCan’s mandate under the Explosives Act, as well as with respect to specific areas of expertise including earth sciences, and minerals and metals, as determined by NRCan or another RA;
• Engage and consult with affected or potentially affected Aboriginal groups as appropriate;
• Take a course of action decision following the Minister of the Environment’s EA Decision Statement; and
• Work with other RAs, expert FAs, the Proponent and the province to ensure implementation of mitigation measures, and where appropriate the design and implementation of a follow-up program, and including where appropriate, accommodation of adverse impacts on potential or established Aboriginal rights, under s.35 of The Constitution Act, 1982, as required.

Regulatory

• Participate in meetings with other federal/provincial authorities as appropriate;
• Participate in public comment period, public notice and possibly public consultations concerning NRCan related issues;
• Undertake any required activities related to NRCan’s regulatory responsibilities under the Explosives Act, including consulting with affected/potentially affected Aboriginal groups as appropriate, to support NRCan’s regulatory decisions; and,
• Conduct site visits to support new regulatory decisions, as required.

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

MILESTONE	ACTIVITIES/DESCRIPTION	LEAD	SERVICE STANDARD
Submission of the Project Description & information on explosives factory(ies) and magazine(s) to NRCan	NRCan liaises with the Proponent regarding explosives factory(ies) and magazine(s).	Proponent	Ongoing
Determination whether a licence under Explosives Act  s.7(1)(a) is required	NRCan reviews the Proponent’s answers on the explosives questionnaire.	NRCan	Timelines to be specified in the FCR letter. Target of less than 20 business days.
Submission of an application for an Explosives Act Licence	The Supplier compiles information and submits an application to NRCan for a Licence under the Explosives Act s.7(1)(a) for an explosives factory and/or magazine.	Explosives Supplier selected by the Proponent	Start timing. N.B.: the timing of receiving the application may not necessarily be aligned with the EA process.
Review of the application	NRCan reviews the Proponent’s application to ensure that all of the required information is included.	NRCan	If the application is complete, requires30 days to review and process the application and issue the Explosives Act Licence.
Request  for clarification or additional information	If there are aspects of the application that are unclear, or if additional information is required, NRCan will request clarification or additional information from the Explosives Supplier.	NRCan	Within 15 days of receipt of the application.
Re-submission of a complete application for an Explosives Act Licence	Explosives Supplier re-submits a completed application for an Explosives Act Licence.	Supplier	Timing dependent upon the Supplier.
Review supplier’s revised application	NRCan continues its review of the application, which includes clarifications or additional information requested.	NRCan	Within 30 days from receipt of the revised application.
Issuance of an Explosives Act s. 7(1)(a) Licence	Once a determination under the CEAA has been rendered and a Notice of Decision has been posted on the CEARIS, NRCan can issue a Licence under Explosives Act  s.7(1)(a) for an explosives factory(ies) or magazine(s). Licences may include Terms and Conditions as appropriate, relating to mitigation measures or follow-up requirements identified during the EA review phase of the Project.	NRCan	Within 30 days from the receipt of all information necessary to form a complete application.

 

Annex VII

Indian and Northern Affairs Canada
Roles, Responsibilities, Key Milestones and Service Standards

EA

• Participate in meetings with other federal/provincial authorities, as appropriate;
• Review, comment on and approve the EA work plan and Aboriginal consultation work plan;
• Review and comment on the EIS Guidelines;
• Review and comment on the EIS, and participate in the analysis of comments on the EIS;
• Provide expert advice with respect to INAC’s mandate under the Indian Act, where appropriate;
• Review, comment on, and approve, the scoping document, track report and the CSR;
• Engage and consult with affected or potentially affected Aboriginal groups, as appropriate;
• Take course of action decision following the Minister of the Environment’s EA Decision Statement; and,
• Work with other RAs, expert FAs, the Proponent and the province to ensure implementation of mitigation measures and the design and implementation of a follow-up program, and where appropriate, accommodation of adverse impacts on potential or established s. 35 rights, as required.

Regulatory

• Participate in meetings with other federal/provincial authorities, as appropriate;
• Prepare regulatory work plan;
• Undertake any required activities related to INAC’s mandate under the Indian Act as required, to support INAC’s regulatory decisions with respect to issuing authority for the Proponent to locate improvements on the reserves identified; and
• Undertake activities, as appropriate, regarding consulting with affected/potentially affected Aboriginal groups.

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

MILESTONE	ACTIVITIES/DESCRIPTION	LEAD	SERVICE STANDARD
Negotiation of Terms and Conditions of the s. 35 Easement	Negotiation between the Band and the Proponent.	Proponent and Band	Ongoing – dependent upon resolution of issues between the parties.
Band Council Resolution	Band seeks a Band Council Resolution to request Easement to be issued by INAC.	Band	Dependent on time taken by Band. Typically a few weeks.
Preparation of Land Status Report	INAC completes Land Status Report to identify the current status of the lands to be granted and to identify any interests in the land which must be addressed prior to the issuance of the Easement.	INAC	Generally 1-2 weeks from receipt of Band Council Resolution requesting INAC to issue easement.
Initiation of Survey of Easement Area	Survey of easement area required in accordance with Chart A (s. 29, CLS Act)	NRCan	Dependent on weather conditions/availability of Canada Land Surveyor
Preparation of Easement	INAC, in consultation with DOJ, prepares draft easement for review and comment by Proponent and Band	INAC/DOJ	4-6 weeks from receipt of Band Council Resolution requesting INAC to issue easement
Review of Easement	Band, Proponent and their respective legal counsels review and comment on draft easement	Band/Proponent	Depends on length of time taken by Band and Proponent
Completion of Land Survey	Survey plan is examined and recorded within Canada Land Survey Records	NRCan	Depends on length of time taken by NRCan.
Preparation of Order in Council submission	INAC Region prepares and forwards submission to INAC HQ requesting consent of Governor in Council to issuance of Easement in lieu of taking (expropriation)	INAC	8 weeks
Finalize Order in Council submission	INAC HQ finalizes Order in Council submission	INAC	8 weeks
Instrument of Grant	INAC requests DOJ to prepare Instrument of Grant under the Federal Real Property and Federal Immoveables Act	DOJ	2-3 weeks from receipt of request
Order in Council	Order in Council consenting to issuance of Easement in lieu of taking (expropriation) is issued	Privy Council Office (PCO)	Dependent on PCO sitting schedule
Issuance of Easement	Easement is updated to include final survey plan details, OCPC detailed and circulated for signature.	INAC	Dependent on time taken for proponent to execute and return; 2-3 weeks
Issuance of Instrument of Grant	DOJ finalizes and circulates Instrument of Grant	DOJ	Dependent on time taken for INAC  to execute and return; 1-2 weeks
Registration	Original Instrument of Grant, Order in Council and Original Easement submitted to the Indian Land Registry (ILR) for registration	INAC	Dependent on ILR processing time, 3-6 weeks
Registration Particulars Issued	Upon completion of registration, INAC forwards duplicate of originals to Proponent with registration details	INAC	1-2 weeks from receipt of registration particulars

Annex VIII

Other Federal Departments
Roles and Responsibilities

PARTY	ROLES / RESPONSIBILITIES
CEA Agency	Provide advice in regard to the CEAA; Coordinate the federal input and federal Crown Consultation activities for the EA in relation to the Project;   Coordinate federal input into the provincial EA, to the extent possible; Coordinate intergovernmental cooperation including consultations with Aboriginal communities; Work in cooperation with RAs and FAs, the Province and the Proponent to identify and evaluate tools such as MOUs with the Province and letters of agreement with the Proponent to ensure mitigation measures, and where appropriate,  accommodation of adverse impacts on potential or established s. 35 rights, and those aspects of the follow-up program; Manage the CEAR; Make participant funding available through the Participant Funding Program; Coordinate the federal review of the EIS; and, Lead the writing of and coordinate the preparation of the scoping document, EA Track Report and CSR.
EC	Upon request from an RA, EC 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; Participate in federal project review committee meetings for provision of relevant expertise that is available; Provide technical, scientific and regulatory advice regarding matters related to its mandate under the Canadian Environmental Protection Act, Migratory Birds Convention Act, Species at Risk Act and Fisheries Act and associated regulations and other science information held by way of mandate conferred by the Parliament of Canada. Advice will be provided within timelines requested by an RA; and Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from FA recommendations made, and as agreed to with the RAs.
HC	Upon request from an RA, 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: Participate in federal project review committee meetings for provision of relevant expertise that is available; Provide advice regarding the potential human health implications of the Project when requested by an RA. Advice will be provided within timelines requested by an RA; and Provide support to the design and implementation of the follow-up program and/or mitigation measures that arise from FA recommendations made, and as agreed to with the RAs.
MPMO	Coordinate the development and approval of the Project Agreement; House and maintain the official Record of Crown Consultation Activities for the Project; Monitor and report on the progress of the project through the federal review; Take proactive steps to identify opportunities to streamline the regulatory process to meet government timelines and identify bottlenecks that could cause delay; and Incorporate information received from the CEA Agency, FA(s) RA(s), and Proponent on the EA and regulatory milestones into the MPMO Tracker.

Annex IX

Canada – Saskatchewan Cooperative EA Process

 

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¹ Assumes application for Explosives Act license will be submitted immediately following the posting of EA Course of Action decision on the CEARIS.

² HMP Assessor to specify which Fisheries Act provision(s) apply(ies) for each case and to ensure that subsequent references are accurate. This footnote should be removed when the provision(s) are identified.