Comprehensive Study Report

An environmental assessment of the project is required under the Canadian Environmental Assessment Act (CEAA), because of the associated loss of productive capacity of fish habitat, a situation requiring the issuance of an authorization pursuant to subsection 35(2) of the Fisheries Act. This type of authorization is a triggering factor for the CEAA pursuant to the Law List Regulations.

Before such an authorization can be granted, the proponent must propose a compensation measure that complies with the principle of no net loss of productive habitat capacity, as specified in DFO's Policy for the Management of Fish Habitat. This measure must be covered by legal obligations set out in a compensation agreement between the proponent and DFO.

As stipulated in subsection 4(b) if the Comprehensive Study List Regulations, a project to build, decommission or close a power station with a generating capability of 200 MW or over necessitates the completion of a comprehensive study type of environmental assessment.

A comprehensive study under the CEAA is a self-directed environmental assessment method, whereby the responsible federal authority examines the environmental effects of a project prior to making any irrevocable decisions about it.

Within the meaning of the CEAA, the Department of Fisheries and Oceans (DFO), acting through the Fish Habitat Management Division, is the sole responsible federal authority in this dossier. DFO has taken steps to ensure that the environmental assessment process and the comprehensive study adhere to the requirements of the CEAA.

Other federal departments were also consulted to determine their powers and duties pertaining to the project and to seek their comments about their respective requirements relative to the environmental assessment process under the CEAA. They are the Department of Indian and Northern Affairs (DIAND), Environment Canada (EC), Natural Resources Canada (NRCan), Parks Canada (PC) and the Transportation Safety Board of Canada. The Canadian Environmental Assessment Agency also collaborated in this dossier by dealing with questions related to the interpretation of the CEAA and methodology.

DIAND does not plan to exercise any powers in relation to the project since the targeted site is not Indian land and is not part of an Atikamekw Nation Council land claim which has been recognized and approved by this Department.

EC is serving as an expert department for the project in its areas of expertise, specifically avifauna and wetlands. To be able to properly evaluate the effects on bird life, EC has requested that breeding bird surveys be conducted within the habitats that will be destroyed during the construction phase of the project.

NRCan, in its capacity as expert federal authority, can provide advice on the use and storage of explosives and on the legal requirements pertaining to the facilities needed for the manufacture of explosives at a construction site. Under the terms of the Explosives Act, NRCan is required to issue a licence for the storage or manufacture of explosives, and the issuance of such a licence necessitates an environmental assessment under the CEAA. A request for information on this topic has been made to the proponent. To date, it has not yet been determined whether a licence of that type will be required.

PC has no particular involvement in the project, since the operating mode for the new generating station will not affect water levels in the area bordering La Mauricie National Park, for which it is manager. The Cultural Heritage and Real Property division of Parks Canada has provided an expert opinion on protection of the built and technological heritage likely to be affected by the project.

The Transportation Safety Board of Canada does not plan to exercise any powers related to the project under the Railway Safety Act. However, modification of the railroad crossing to permit the passage of heavy vehicles will require the signing of an agreement with CN containing the necessary administrative clauses on the construction and maintenance of the railroad crossing.

At the provincial level, the project is subject to section 31.1 of Quebec's Environment Quality Act, which calls for an assessment and review of the environmental impacts. The Department of Fisheries and Oceans and Environment Canada participated in the screening analysis of the draft study prepared as part of the provincial assessment process. The Quebec Department of the Environment mailed their comments to the proponent, together with the input from the various Quebec departments and agencies involved. The two federal agencies concerned provided the same comments as during the CEAA process.