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From the Canadian Environmental Assessment Agency to British Columbia Hydro and Power Authority re: Notice of Intent to Issue an Order Pursuant to Section 94 of the Canadian Environmental Assessment Act, 2012

Notice of Intent to
Issue an Order Pursuant to section 94 of the Canadian Environmental Assessment Act, 2012

April 5, 2017

Mr. Greg Scarborough
Manager, Site C Environmental Compliance, Mitigation and Monitoring
BC Hydro
1055 Dunsmuir Street
Vancouver, BC
V7X 1V5

File #: CEAA Registry - 63919

Sent via e-mail to: greg.scarborough@bchydro.com
To be followed by a hard copy to be sent to the address above

PURPOSE OF THE NOTICE

The purpose of this Notice is to notify BC Hydro, to whom the attached draft Order is directed, that the undersigned Enforcement Officer, designated under section 89 of the Canadian Environmental Assessment Act, 2012 (CEAA 2012), intends to issue an Order pursuant to section 94 of CEAA 2012.

OPPORTUNITY TO MAKE REPRESENTATIONS

The Canadian Environmental Assessment Agency (the Agency) hereby provides BC Hydro with a reasonable opportunity to make representations in relation to the proposed Order.

Representations, including any documents that BC Hydro provides, are strictly voluntary.

Representations enable BC Hydro to provide comments and/or information about the alleged contravention or the contents of the Order or both. It also provides the opportunity for BC Hydro to establish, for instance, that:

  • BC Hydro was actually in compliance or have taken measures to come back into compliance;
  • the measures set out in the Order are not achievable; and,
  • that BC Hydro requires more time to comply than the period stipulated by the Order.

Please notify the undersigned no later than 10 business days (April 21, 2017) whether or not BC Hydro wishes to make representations. If I do not hear from BC Hydro by that date, the Order will be issued as currently worded. If BC Hydro notifies me of their wish to make representations, I will contact BC Hydro to set a date and time.

Following BC Hydro's representations, the Order may be issued as originally worded or as amended in light of the comments or new information provided. The proposed Order may also be withdrawn, if deemed appropriate by a designated enforcement officer, based on the information provided.

If BC Hydro wishes to make representations and plan to bring any written documents to the attention of the Compliance Promotion and Enforcement Unit, please send me a copy via e-mail at the e-mail address below if representations will take place via teleconference or video conference. If the representations take place in person, please provide me a copy of the documents 3 business days in advance. The documents can be in either official language.

DATE OF ISSUANCE

This Order will be issued on April 21, 2017 unless amended or withdrawn by an enforcement officer designated under CEAA 2012.

<original signed by>
Michel K. Vitou
Chief, Compliance Promotion and Enforcement+
Canadian Environmental Assessment Agency

Attachment (1): Draft of the "Notice of Issuance of an Order Pursuant to section 94 of the Canadian Environmental Assessment Act, 2012"

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