ENVIRONMENTAL ASSESSMENT CERTIFICATE APPLICATION WesPac Tilbury Marine Jetty Project PUBLIC PUBLIC : 0 . 13 CONSULTATION SECTION SECTION WesPac Tilbury Marine Jetty Project Environmental Assessment Certificate Application Part D – Public Consultation Section 13.0: Public Consultation PUBLIC CONSULTATION 13.1 Background Information Planning and engagement for the WesPac Tilbury Marine Jetty Project (the Project) has been underway since 2014. During this time, WesPac Midstream–Vancouver LLC (WesPac) has been working to raise awareness of the Project, receive feedback from stakeholders and interested parties, and respond to Project-related enquires. The main purpose of the Project’s public consultation program is to give members of the general public (the public), and local governments, residents, property owners, other rights holders and interest groups (collectively described as stakeholders) an opportunity to become informed and provide meaningful input throughout Project development, before, during, and after the Environmental Assessment (EA) process. This includes confirming that the consultation fulfills requirements of the British Columbia Environmental Assessment Office (BCEAO) for the purpose of the provincial EA. This section of the Environmental Assessment Certificate (EAC) Application describes the public consultation activities that have occurred during the pre-Application phase through to Application submission. This section also describes the activities that will be undertaken during the review phase of this Application. Information regarding consultation with Aboriginal groups is presented in Part C, Aboriginal Consultation. Regulatory Framework The BCEAO issued a Section 10 Order to WesPac on May 6, 2015, confirming that the Project requires an EAC, pursuant to Section 10(1)(c) of the BC Environmental Assessment Act (BCEAA; Government of BC 2002), before it may receive provincial permits to construct and operate the Project (BCEAO, 2015d). The Project is subject to the Canadian Environmental Assessment Act, 2012 (CEAA 2012; Government of Canada 2012) under Section 24 of the Regulations Designating Physical Activities (Government of Canada 2012b). On July 10, 2015, the Project was approved for substitution under the Memorandum of Understanding (MOU) between the Canadian Environmental Assessment Agency (CEA Agency) and the BCEAO. The provincial review will satisfy all conditions outlined in the Substitution Decision document (BCEAO, 2015b) for the scope of the Project and the scope of the assessment, including meeting all information requirements outlined in Subsections 19(1) and 19(3) factors and environmental effects as defined in Section 5 of CEAA 2012. Government agencies, municipal and regional agencies, Aboriginal groups, and the public have had the opportunity to review and comment on the draft Valued Component Selection Document, which was finalized in August 2016 and is available on the BCEAO’s website (WesPac Midstream, 2016a). The consultation process for this Project follows the BC EA process and must satisfy the requirements in Part H of the Section 11 Order (BCEAO, 2015b). The process must also meet the requirements of the CEAA 2012 and the terms of the MOU. Part H of the Section 11 Order identifies the pre-application review stage requirements for 1 WesPac Tilbury Marine Jetty Project Environmental Assessment Certificate Application Part D – Public Consultation Section 13.0: Public Consultation the Project. These requirements are summarized in Table 13-1 along with a description of how consultation activities to date have complied with these requirements. Table 13-1: Section 11 Order Public Consultation Requirements during the Pre-application and Application Review Stage of the Assessment Section No. Description & Purpose Status Pre-application Stage of the Assessment The Proponent must, within timelines established by A Public Consultation Plan was prepared and the Project Assessment Lead, provide the Project submitted November 2015 (Updated Nov 19, 16.1 Assessment Lead with a Public Consultation Plan for 2015). the Pre-application and Application Review Stages. The Project Assessment Lead will assess the The Public Consultation Plan was reviewed Proponent’s Public Consultation Plan and determine if and assessed. the proposed activities are adequate. The Project 16.2 Assessment Lead may order that additional consultation activities be undertaken within time limits set by the Project Assessment Lead. During the Pre-Application Review Stage of the A public comment period on the draft Valued assessment, the Project Assessment Lead will Component Selection Document was held from 16.3 provide a public comment period of at least 30 days November 20, 2015, to December 21, 2015. on the draft Valued Component Selection Document referred to in Section 5 of this Order. The Project Assessment Lead will require an open Two BCEAO-led open houses were held—one house(s) to provide the public with an opportunity to on December 2, 2015, and one on December review the draft Valued Component Selection 3, 2015—to provide the public with an 16.4 Document. At the direction of the Project Assessment opportunity to review the draft Valued Lead, the Proponent may be required to attend these Component Selection Document. open houses The Proponent must make the draft Valued The draft Valued Component Selection Component Selection Document available at Document was made available at four public accessible public locations as specified by the Project library locations in Delta and Richmond and on 16.5 Assessment Lead, and the Project Assessment Lead BCEAO’s Electronic Project Information will make the draft Valued Component Selection Centre. Document available on the Electronic Project Information Centre. During a public comment period, the public may 791 written comments received on the draft comment on the draft Valued Component Selection Valued Component Selection Document were Document by providing comments through the compiled. 16.6 Environmental Assessment Office’s Electronic Project Information Centre or by providing written comments to the Project Assessment Lead. The Proponent must respond to public comments WesPac has responded to the public received pursuant to Section 16.6 of this Order, comments received. unless the Project Assessment Lead informs the 16.7 Proponent that a comment: (a) is not within the scope of the assessment; or, (b) contravenes the Environmental Assessment Office’s Public Comment Policy. 2 WesPac Tilbury Marine Jetty Project Environmental Assessment Certificate Application Part D – Public Consultation Section 13.0: Public Consultation Section No. Description & Purpose Status All public comments, received pursuant to Section All public comments were posted to the 16.6 of this Order, will be posted to the Electronic BCEAO’s Electronic Project Information Project Information Centre within seven days of being Centre. Postings were completed on the 16.8 received, unless a comment falls within the conditions following dates: referred to in Section 16.7(a) or 16.7(b) of this Order. • November 25, 2015 • December 16, 2015 • December 29, 2015 Source: BCEAO, 2015b. BCEAO = British Columbia Environmental Assessment Office. Part H of the Section 11 Order also identifies the application review stage requirements for the Project, which are as follows (BCEAO, 2015b): Section 17.1: During the Application Review Stage, the Project Assessment Lead will provide for a public comment period of at least 30 days on the Application. Section 17.2: The Project Assessment Lead will require open house(s) to provide the public with opportunities to review the Application. At the direction of the Project Assessment Lead, the Proponent may be required to attend these open houses. Section 17.3: The Proponent must make the Application available at accessible public locations as specified by the Project Assessment Lead, and the Project Assessment Lead will make the Application available on the Electronic Project Information Centre. Section 17.4: During a public comment period, the public may comment on the Application by providing comments through the Environmental Assessment Office’s Electronic Project Information Centre or by providing written comments to the Project Assessment Lead. Section 17.5: The Proponent must respond to public comments received pursuant to Section 17.4 of this Order, unless the Project Assessment Lead informs the Proponent that a comment: (a) is not within the scope of the assessment; or, (b) contravenes the Environmental Assessment Office’s Public Consultation Policy. Section 17.6: All public comments, received pursuant to Section 17.4 of this Order, will be posted to the Electronic Project Information Centre within seven days of being received, unless a comment falls within the conditions referred to in Section 17.5(a) or 17.5(b) of this Order. Stakeholder Identification WesPac identified potentially affected stakeholders associated with the Project based on: Proximity to the Project site; Anticipated interest in and/or local knowledge of the potential effects of the Project; A review of consultation activities undertaken by other project proponents in the area; and Feedback from early stakeholder consultations. 3 WesPac Tilbury Marine Jetty Project Environmental Assessment Certificate Application Part D – Public Consultation Section 13.0: Public Consultation Identified stakeholders have been organized into six groups: Regulatory agencies1, including federal and provincial agencies;