Vice-President's Response

Mermaid Creek Salt Marsh Restoration Project

Physical Activities

Peninsula Streams Society (the proponent) is proposing a restoration project in the Mermaid Creek salt marsh located on the southeast end of Roberts Bay in Sidney, British Columbia. The project aims to restore the salt marsh to its former condition from 1967 and includes two phases. Phase one of the project took place from September 2022 to April 2023 and included the installation of ecocultural fencing and planting of native vegetation. As proposed, phase two would take place in early 2024 and would include the construction of rock berms to lessen the force of waves and expand the marsh by adding sediment and planting of native marsh species.

Delegation of Powers to the Agency

Under subsection 154(1) of the Impact Assessment Act (the IAA), the Minister of Environment and Climate Change (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to the Impact Assessment Agency of Canada (the Agency) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. On June 15, 2023, the Minister delegated the authority to respond to requests for designation, for which limitations on designation described under subsection 9(7) of the IAA apply, to the President or Vice-President of Operations of the Agency.

Decision

Non-designated physical activities

Reasons

Pursuant to subsection 9(7) of the IAA, the Minister must not exercise their power to designate a physical activity that is not prescribed in the Physical Activities Regulations if a) the carrying out of the physical activity has substantially begun; or b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than the IAA that could permit the physical activity to be carried out, in whole or in part. Therefore, the Minister cannot designate the project for the following reasons:

• The project has substantially begun
  • Phase one was completed in April 2023 and included restoration activities in approximately 30% of the total project area.
• Environment and Climate Change Canada exercised a power or performed a duty or function conferred on it under section 5 of the Department of Environment Act that could permit the project to be carried out in whole or in part.
  • On August 17, 2022, Environment and Climate Change Canada and the proponent signed a contribution agreement for funding under the Nature Smart Climate Solutions Fund for funding to carry out phase one and phase two of the project.