Hearing Order MH-052-2018 Board File OF-Fac-Oil-T260-2013-03 59 DIRECT EVIDENCE AND INFORMATION REQUESTED BY THE NATIONAL ENERGY BOARD Trans Mountain Expansion Project Reconsideration Environment and Climate Change Canada Fisheries and Oceans Canada and Canadian Coast Guard Health Canada Natural Resources Canada Parks Canada Agency Transport Canada October 31, 2018 i Table of Contents Table of Contents: ii List of Annexes ix Topic Directory | Table of Concordance xvi Glossary of Terms xvii Chapter 1: Introduction 1 Chapter 2: Oceans Protection Plan 5 2.A Introduction 5 2.B Pillar 1: A World-Leading Marine Safety System that Protects Canada’s Coasts 5 2.B.1 Enhanced Maritime Situational Awareness 6 Topic 6: Marine safety, navigation, and disturbance – Transport Canada 6 2.B.2 National Vessel Tracking and Monitoring System and Strengthening Marine Communications and Traffic Services 8 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 8 2.B.3 Operational Network (OpNet) 8 Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 8 2.B.4 Additional Radar Sites 9 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 9 2.B.5 Marine Communications and Traffic Services Staffing Factor 9 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 9 2.B.6 Modern Hydrography and Charting in Key Areas 9 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Fisheries and Oceans Canada, Canadian Hydrographic Service 9 2.B.7 Marine Weather Information Services Demonstration Project 10 2.B.8 Anchorages 11 Topic 6: Marine safety, navigation, and disturbance – Transport Canada 11 2.B.9 Proactive Vessel Management 11 Topic 6: Marine safety, navigation, and disturbance – Transport Canada 11 2.B.10 Pilotage Act Review 13 Topic 6: Marine safety, navigation, and disturbance – Transport Canada 13 2.B.11 Places of Refuge 14 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada 14 2.B.12 Regional Response Planning 15 Topic 5: Marine oil spills – Canadian Coast Guard, Fisheries and Oceans Canada, Transport Canada, Environment and Climate Change Canada 15 ii 2.B.13 National Implementation of the Risk-based Analysis of Maritime Search and Rescue Delivery Methodology 16 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 16 2.B.14 24/7 Emergency Response Capacity to Effectively Manage Marine Incidents 17 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada / Canadian Coast Guard / Environment and Climate Change Canada 17 2.B.15 Incident Command System 18 Topic 5: Marine oil spills – Transport Canada 18 2.B.16 Increased On-Scene Environmental Response Capacity 20 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada / Canadian Coast Guard 20 2.B.17 Increased Emergency Towing Capacity 23 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard / Transport Canada 23 2.B.18 Legislative Amendments to Key Legislation 24 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada / Canadian Coast Guard / Environment and Climate Change Canada 24 Enhance Marine Ecosystem Protection 24 2.C Pillar 2: Preservation and Restoration of Marine Ecosystems and Habitats 26 2.C.1 Cumulative Effects of Marine Shipping (Lead: Transport Canada) 27 Topic 3: SRKW, Topic 6: Marine safety, navigation, and disturbance – Transport Canada 27 2.C.2 Coastal Environmental Baseline Program (Lead: Fisheries and Oceans Canada) 29 Topic 3: SRKW – Fisheries and Oceans Canada and Transport Canada 29 2.C.3 Whale Collision and Avoidance Initiative (Lead: Fisheries and Oceans Canada) 30 Topic 3: SRKW – Fisheries and Oceans Canada 30 2.C.4 Marine Environmental Quality Initiative Lead: Fisheries and Oceans Canada 30 Topic 3: SRKW – Fisheries and Oceans Canada 30 2.C.5 Coastal Restoration Fund Lead: Fisheries and Oceans Canada 33 Topic 3: SRKW–Fisheries and Oceans Canada 33 2.C.6 Marine Mammal Response and Marine Protected Areas Surveillance and Enforcement Program Lead: Fisheries and Oceans Canada 33 Topic 3: SRKW –Fisheries and Oceans Canada 36 2.C.7 A Comprehensive Strategy for Vessels of ConcernProgram Lead: Canadian Coast Guard and Transport Canada 36 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada / Canadian Coast Guard 36 2.D Pillar 3: Strengthening partnerships and launching co-management practices with Indigenous communities 37 2.D.1 Building Meaningful Partnerships with Indigenous Communities in Marine Safety 38 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Transport Canada / Canadian Coast Guard 39 2.D.2 Enhanced Indigenous and Community Capacity in the Design and Delivery of the Marine Safety and Environmental Protection Measures 41 Topic 5: Marine oil spills, Topic 6: Marine safety, navigation, and disturbance – Canadian Coast Guard 41 iii 2.E Pillar 4: Investing in oil spill research and spill response methods 43 Topic 5: Marine oil spills – Environment and Climate Change Canada / Fisheries and Oceans Canada / Natural Resources Canada 43 2.E.1 Multi-Partner Research Initiative for Marine Oil Spills 46 2.E.2 Oil Spill Fate, Behaviour and Response Technology 46 2.F Annex List 47 Chapter 3: Whales Initiative 48 3.A Introduction 48 3.B Initiatives led by Transport Canada (TC) 49 3.B.1 Legislative Initiatives 50 3.B.2 Research and Development (R&D) 50 3.B.3 Underwater Noise Management Plans 55 3.B.4 Vessel Traffic Management Measures for Underwater Noise Mitigation 57 3.B.5 Supporting Enforcement and Monitoring - National Aerial Surveillance Program (NASP) and Hydrophone Deployment 59 3.B.6 International Collaboration to Reduce the Adverse Impacts of Underwater Noise from Commercial Ships 60 3.B.7 Expanded Slowdown Zone 62 3.B.8 Conservation Agreements with Key Industry Stakeholders 64 3.B.9 Proposal to expand requirements for Automatic Identification Systems (AIS) to smaller commercial vessels 65 3.B.10 Support for WhaleReport Alert System 65 3.C Initiatives led by Fisheries and Oceans Canada (DFO) 66 3.C.1 Increased Capacity for Prey Availability Research 67 3.C.2 Whale Contaminant Research Program 67 3.C.3 Fisheries Management Measures 67 3.C.4 Enhancing Compliance and Enforcement 68 3.C.5 Pacific Marine Mammal Response Program (MMRP) 68 3.C.6 Building Partnerships for Additional Action 69 3.C.7 Additional Protection Measures 69 3.C.8 Science to Assess the Effectiveness of Recovery 71 3.D Initiatives supported by the Canadian Coast Guard (CCG) 72 3.D.1 Haro Strait Voluntary Slowdown (July 1st to October 31st, 2018) 73 3.D.2 Juan de Fuca Voluntary Lateral Displacement (August 20th - October 31st, 2018) 73 3.D.3 Vessel Traffic Management Measures for Underwater Noise Mitigation (Additional New Measures) 73 iv 3.E Initiatives led by Environment and Climate Change Canada (ECCC) 74 3.E.1 Enhanced Contaminants Monitoring 74 3.E.2 Increased Enforcement 74 3.E.3 Strengthened Regulatory Controls 74 3.F Annex List 75 Chapter 4: Indigenous 77 4.A. Introduction 77 4.B. Response to NEB Questions: Topic 9 “Mitigation, accommodation and monitoring measures proposed by Indigenous groups” 77 4.B.1. Crown Consultation and Accommodation Report 77 4.B.2. Indigenous Advisory and Monitoring Committee - TMX 80 Origins 80 Co-development 80 Implementation 83 Contribution Funding 84 4.B.3. West Coast Energy Infrastructure Initiative and Others 86 The Government of Canada continues to engage with Indigenous groups on issues and concerns as they arise through participation in bilateral meetings, workshops and events, and ad-hoc or longer-term federal / Indigenous tables to discuss key issues. 90 4.C. Annex List 90 Chapter 5: Transport Canada 91 5.A Introduction 91 5.B Legislation 91 5.C Responses to NEB Questions 92 5.C.1 Greenhouse Gas Emissions (GHG) 92 Considerations – Tanker Speed Reduction 94 Mitigation Measures: Energy efficiency rating of tankers 94 Considerations – Energy Efficiency Design Index (EEDI) 96 References 96 5.C.2 Southern Resident Killer Whale (SRKW) 96 5.C.3 Marine Oil Spills 102 5.C.4 Marine Safety, Navigation and Disturbance 103 5.D Marine Shipping-related Concerns Raised by Indigenous Groups and TC’s Perspective 105 5.E . Annex List 105 Chapter 6: Environment and Climate Change Canada 106 v 6.A Introduction 106 6.B Mandate and Legislation 107 6.C Responses to NEB’s Request to Federal Authorities, including Information Requests from the National Energy Board 107 6.C.1 Greenhouse Gas Emissions (GHGs) 107 6.C.1.1 NEB Request 108 6.C.1.2 ECCC Response a. Relevant Regulatory Requirements Updates 108 6.C.1.3 ECCC Response b. Analysis to Support Plausible Marine Shipping GHG Mitigation Measures 108 6.C.2 SARA-listed Species and Marine Birds (Topic 2 and Topic 4) 110 6.C.2.1 Summary of Previous ECCC Written Evidence 110 6.C.2.2 ECCC Advice in Relation to Potential Effects to Marine Birds from Project Related Marine Shipping 110 6.C.2.3 NEB Request – SARA-listed species 111 6.C.2.4 ECCC Response a. Species at Risk that are Newly Listed or Have Seen a Change in Designation 112 6.C.2.5 ECCC Response b. Copies of the Latest Recovery Documents (Recovery Strategies, Action Plans, and Management Plans) for all Likely Affected Species 112 6.C.2.6 ECCC response c. Updates on the Current Status and Planning for the Survival and Recovery Actions Noted in Each Recovery Document 113 6.C.2.7 ECCC response d.