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From the Canadian Environmental Assessment Agency to Health Canada re: Request for Response to the Federal Authority Advice Record

Canadian Environmental Assessment Agency
410 - 701 West Georgia Street
Vancouver B.C. V7Y 1C6

Agence canadienne d'evaluation environnementale
410 - 701 rue Georgia ouest
Vancouver (C.-B.) V7Y 1 C6

May 18, 2016

Agency File No.: 005376

Lucille Lukey
Environmental Health Program, Health Canada
42 0-757 West Hastings Street
Vancouver, BC V6C 1A1

Dear Ms. Lukey:

SUBJECT: Federal Authority Advice Record for the proposed Kitimat Clean Refinery Project (the Project)

Please respond by June 2, 2016 using the attached form.

On May 16, 2016, the Canadian Environmental Assessment Agency (the Agency) accepted a project description for the Kitimat Clean Refinery Project (the Project). The Project meets the definition of a designated project under the Canadian Environmental Assessment Act, 2012 (CEAA 2012), and the Agency is now determining whether a federal environmental assessment of the Project is required.

The determination as to whether a federal environmental assessment is required is based upon the likelihood for potential environmental effects within areas of federal jurisdiction as described in section 5 of CEAA 2012. The Agency requests that Health Canada review the attached project description and provide advice on:

  1. The Project's potential environmental effects related to your departmental mandate and expertise as per section 11 of CEAA 2012;
  2. Whether your department has identified any environmental effects related to your departmental mandate and described in section 5 of CEAA 2012, beyond effects described in the project description; and
  3. The potential environmental effects described in subsection 5(2) of CEAA 2012 related to the application of any power, duty, or function by your department.

The Agency requests your advice in order to inform the Agency's determination as to whether a federal environmental assessment is required for the Project. The Agency is required to determine whether an environmental assessment is required no later than July 1, 2016.

Thank you for your timely consideration of this request. To support your response to this request, please complete and return the attached Federal Authority Advice Record form. Should you require additional information, I can be contacted at Quincy.Leung@ceaa-acee.gc.ca or 604-666-8940.

<Original signed by>

Sincerely,

Quincy Leung
Project Manager, Pacific and Yukon Region

Federal Authority Advice Record

Response due by: June 2, 2016

Kitimat Clean Refinery Project
Agency File No.: 005376

Department/Agency:

Health Canada

EA Contact Name:

                                                     

Telephone:

                                        

Address:

 

Fax:

 

Email:

 

1. (a) Indicate whether the description of potential environmental effects presented in the Project Description is sufficient in characterizing project effects to the components of the environment, as defined under section 5 of CEAA 2012, that relate to your mandate, including whether these effects may be adverse.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

(b) Identify any additional potential adverse environmental effects of the Project that are not described in the Project Description and their linkage to components of the environment under federal jurisdiction (as defined under section 5 of CEAA 2012).

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

(c) List any species at risk as defined by the Species at Risk Act (SARA) or species of conservation concern that have been assessed by COSEWIC that may be affected by the Project and are not identified in the Project Description. This information will inform the Agency's Section 79(1) notification obligations under SARA.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

2. (a) List the potential powers, duties, or functions that your department may issue to enable the Project to proceed, why they might be issued, and which project components and activities are related to the powers, duties, or functions.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

(b) Identify the potential environmental effects, associated with that power, duty or function identified above, as described in subsection 5(2) of CEAA 2012. Please include in your response a description of the scope or extent (i.e. project activities addressed and components of the environment included) under this power, duty or function.

Act and associated power, duty or function

Project components or activities associated with the power, duty or function

Changes to the environment resulting from the project components or activities

Example:
Fisheries Act Subsection 35(2) Serious Harm

Example:
Diversion of river Compensation lake (for offsetting)

Example:
River re-routed through old-growth forest
Compensation lake removes peatland and old-growth forest
Potential species habitat lost as a result of compensation lake (turtle, marten, otter)

(c) Has your department or agency already exercised the above-noted power or performed a duty or function to enable the proposed Project to proceed in whole or in part? If yes, please describe.

_____ Yes      _____ No
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

3. (a) Under the former Act, did your department or agency determine that an EA of this Project was likely?

_____ Yes      _____ No

If yes, provide additional details regarding the timing, reason for determination, and the proponent notification of the decision. If no, provide additional details regarding the timing, reason for determination, and the proponent notification of the decision.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

(b) Has your department or agency taken an EA course of action decision under paragraph 20(1)(a) or (b) or subsection 37(1) of the former Act in relation to the Project?

_____ Yes      _____ No

If yes, please describe. This information is requested in order to determine application of section 128(1) of CEAA 2012.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

4. Identify and describe the specialist or expert information or knowledge within your department that would be relevant to the conduct of the environmental assessment of the Project, should an environmental assessment be required. Provide the contact information for the individual that will provide the specialist or expert advice.

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Print Name of Project Contact

________________________________________

Signature

________________________________________

Title of responder

________________________________________

Date

________________________________________

Please respond to the above questions by June 2, 2016 via email at Quincy.Leung@ceaa-acee.gc.ca. Thank you.

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