November 12, 2015 Malahat First Nation Re: Roberts Bank Terminal 2 Project – Aboriginal consultation approach for Malahat First Nation on marine shipping within the federal environmental assessment process and comment period on marine shipping addendum completeness Dear Chief Caroline Harry and Councillors, Port Metro Vancouver (the proponent) proposes to construct and operate the Roberts Bank Terminal 2 Project (the Project), a new three-berth marine container terminal located at Roberts Bank in Delta, British Columbia (B.C.). Located next to the existing Deltaport and Westshore Terminals, the Project would provide an additional 2.4 million twenty-foot equivalent units of container capacity per year at Roberts Bank, doubling the container capacity of the terminal. The proponent expects that up to an additional 260 ships per year could call on the Project by 2030. These ships would use the main shipping route from Juan De Fuca Strait to Vancouver (see attachment #1). Preliminary Depth of Consultation Assessment The federal government would like to understand what concerns you may have related to any potential impacts of the predicted increase in marine shipping associated with this Project on your potential or established Aboriginal or Treaty rights. This information can be provided to the Review Panel once it has been established. In addition, the Review Panel can collect information from your Nation about any potential or established Aboriginal or Treaty rights you feel may be impacted by marine shipping associated with the Project. We encourage you to participate in the process by bringing those issues and concerns to the Review Panel. The Canadian Environmental Assessment Agency (the Agency) would like you to know that information that you provide to the Agency in the context of this environmental assessment, and to the Review Panel, is considered public and can be posted to the public registry. It is also subject to the Access to Information Act and could be made public upon request. Should you have any documents that contain confidential or sensitive information that you believe should be protected from release to the public, please contact the Agency to discuss prior to submitting the information. Regarding the consultation with your Nation by the federal government during this EA process, the discussions will focus on the potential impacts of any increased marine www.ceaa-acee.gc.ca www.acee-ceaa.gc.ca 1 shipping associated with the Project on potential or established Aboriginal or Treaty rights. This can include understanding the potential impact of the incremental increase in marine shipping associated with the Project, including the cumulative effects of this incremental increase. The federal government will rely on the EA process to the extent possible to collect information on the potential impacts of any increased marine shipping associated with the Project on the exercise of potential or established Aboriginal or Treaty rights. You will find attached the federal government’s preliminary depth of consultation assessment for your Nation and proposed consultation work plan as attachments #2 and #3 to this letter. The Agency has provided $30, 850 to assist your participation in the environmental assessment. Completeness Review of Marine Shipping Addendum On October 16, 2015, the proponent, Port Metro Vancouver, submitted its marine shipping addendum to the Environmental Impact Statement (EIS addendum) to the Canadian Environmental Assessment Agency (the Agency). By this time you should have received a copy of the EIS addendum from the proponent. Please let the Agency know if you have not received your requested copies of the document from Port Metro Vancouver. The Agency is conducting a completeness review of the EIS addendum and seeks your comments by December 16, 2015. The purpose of the completeness review is to determine if the marine shipping information required by the EIS guidelines (Section 17) can be found in the EIS addendum and if the information is detailed enough for you to understand the Proponent’s views and to foster a discussion between participants in the review panel process. The EIS guidelines are available on the Canadian Environmental Assessment Agency Registry Internet Site (public registry) at: http://www.ceaa- acee.gc.ca/050/documents/p80054/101303E.pdf. At this time, the Agency is not seeking a review of technical aspects of the Proponent’s information, whether the information is correct or whether or not you agree with the conclusions of Port Metro Vancouver. These matters will be discussed after the Review Panel is appointed. Earlier in the year, the Agency held a comment period on the completeness of the main EIS and issued additional information requirements to Port Metro Vancouver. Any additional comments submitted to the Agency on the completeness of the main EIS during the present comment period will be posted on the public registry but will not be considered in the context of the completeness review of the EIS addendum. However, any such comments will form part of the record for the environmental assessment and be considered by the Review Panel, once appointed. Once the Review Panel is appointed, it will conduct a review, including a comment period, to determine whether the EIS and the EIS addendum have enough technical www.ceaa-acee.gc.ca www.acee-ceaa.gc.ca 2 information to proceed to the public hearing. This includes deciding whether information and methods provided in the EIS are technically appropriate, and whether additional baseline studies or analyses are required from the Proponent prior to the public hearing. To assist you in understanding the types of questions the Agency is looking for in the completeness review, please see the Agency’s responses to comments from Cowichan Tribes on the initial completeness review of the EIS, available on the public registry at: http://www.ceaa-acee.gc.ca/050/documents/p80054/103283E.pdf. Attached is a form entitled Roberts Bank Terminal 2 Project: Environmental Impact Statement Marine Shipping Addendum – Comments on Completeness, which may be helpful to you. Filling out this form is not mandatory, and all comments provided on the completeness of the EIS addendum, regardless of the format, will be considered by the Agency. This form is also available on the public registry for the environmental assessment in both Microsoft Word and PDF format (document # 317). The Agency will contact you if it has questions about your comments and will follow up with you after the Agency’s completeness decision to discuss how your comments were considered. Comments on the completeness of the EIS are requested by December 16, 2015. Please send your comments to [email protected] or by mail to: Canadian Environmental Assessment Agency Roberts Bank Terminal 2 Project Att. Panel Manager 160 Elgin St., 22nd floor Ottawa, Ontario K1A 0H3. Please be advised that your comments will be posted on the public registry for the environmental assessment unless you notify the Agency otherwise. Note that information not posted to the public registry does not form part of the record for the environmental assessment, and would not be considered by the Review Panel at the time of its appointment. The information would have to be resubmitted later in the process if you wish it to be considered by the Review Panel. The Agency will follow up with you in the coming weeks to discuss the proposed consultation approach and the completeness review of the proponent’s Marine Shipping Addendum to the Environmental Impact Statement. In the meantime, you can contact Analise Saely at 604-666-6196 or by email at [email protected] to discuss any questions or matters related to the environmental assessment or Aboriginal consultation. www.ceaa-acee.gc.ca www.acee-ceaa.gc.ca 3 Sincerely, Analise Saely and Candace Anderson Crown Consultation Coordinators, Review Panels Canadian Environmental Assessment Agency (604) 666-9169 [email protected] Attachments: #1 – Information Sheet: Additional Factors to be Considered in the Environmental Assessment #2 – Preliminary Depth of Consultation Assessment #3 – Proposed Consultation Workplan c.c.: Chris Hamilton, B.C. Environmental Assessment Office Bryan Nelson, Port Metro Vancouver Robert Sagmeister, Malahat Nation, Robert.Sagmeister@malahat nation.com David Harry, Malahat Nation, [email protected] www.ceaa-acee.gc.ca www.acee-ceaa.gc.ca 4 Attachment 1 - Additional Factors to be Considered in the Environmental Assessment The proposed Project The proposed Project is: • the construction and operation of the Roberts Bank Terminal 2 expansion, • the marine shipping in the immediate area of the existing Roberts Bank Terminals and north toward the mouth of the Fraser River, and • the road and rail transportation from the terminal to where the causeway meets the land. The Federal Review Panel The former federal Minister of the Environment decided that an independent panel of experts will assess the environmental effects of this project. The former Minister established the Terms of Reference for the Review Panel, giving the Panel direction on what to assess and setting out the process it will follow. Based on comments heard during the public comment period on the draft Terms of Reference, the former Minister decided to add two factors or issues to be taken into account by the Review Panel during the environment assessment process. What the environmental assessment will address The potential effects to the environment