NOTICE OF DETERMINATION

July 4th 2022 – Transport Canada has determined that the replacement of the B77 bollard by CTMA at the Cap-aux-Meules Wharf is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

• impacts on rights of Indigenous peoples;
• Indigenous knowledge;
• community knowledge;
• comments received from the public; and
• technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

• It is the responsibility of the contractor to take the necessary measures to know and comply with the laws or regulations applicable to his activities and to obtain permits or recommendations from other competent authorities if necessary. In particular, depending on the volumes of contaminated soils generated, the new Soil Traceability Regulation could apply.

• The contractor must ensure that its equipment is in good working order and free from any leaks. In the event of a leak, the machinery in question must be moved away from surface water and sumps, then taken out of service immediately. The leak should be contained as quickly as possible. In addition, the soil or other environmental matrix impacted by this leak must be rehabilitated or disposed of in accordance with applicable regulations, including any material used to clean up the spill.

• No maintenance of machinery is permitted on the site and any refueling must be carried out more than 30 m from the shore.

• Take the necessary measures to limit the production of dust, in particular by making sure to respect the Règlement sur l'assainissement de l'atmosphère.

• No outdoor storage of hazardous materials is permitted. If paints, sealants or other materials are stored inside a building during the work, the storage must take place on a sealed surface, in a container capable of containing the entire volume stored so that these materials do not reach water or soil.

• All storage must be done more than 30 meters from the shore and on a waterproof surface.

• Ensure at all times that no waste or debris is left on the site and that the premises will be returned to environmentally friendly conditions. Any debris that has been accidentally introduced into the natural environment, including the aquatic environment, must be removed as soon as possible and disposed of in accordance with the regulations.

• Ensure that all waste is managed in accordance with the regulations in force concerning the transport, storage, handling and disposal of waste, hazardous materials and hazardous waste.

• Ensure that water that has been in contact with uncured or partially cured concrete or cement (such as water used to clean cement mixers and other equipment) is not discharged into the aquatic environment.

• Ensure that there is no discharge into the aquatic environment of construction materials, especially concrete debris from the demolition of the current structure.

• All materials used to perform the work must be removed from the site at the end of a task, as soon as possible.

• Based on available data, it is likely that contaminated soil will be excavated. Excavated contaminated soil must be stored in such a way as to avoid any loss or flow (dust or runoff, for example in a sealed container), analyzed by a laboratory accredited by the MELCC and managed according to the most recent version of the Guide d'intervention – Protection des sols et réhabilitation des terrains contaminés from the MELCC.

• The transport of contaminated soil must be carried out in such a way as to avoid any loss of material.

• Make sure to backfill the excavation with soil that meets federal (CCME) and provincial (MELCC Intervention Guide) criteria.

• Considering the depth of the excavation, it is likely that contaminated water will be present at the bottom of the excavation. Mine water, if dewatering of the excavation is required, must be sampled and managed in accordance with regulations. No discharge into the aquatic environment will be tolerated.

• Considering that part of the management of excavated contaminated soil could be eligible for compensation, we recommend that an environmental consultant be integrated into the project in order to adequately document the claim file.

• No discharge of substances or materials is permitted into the aquatic environment.

• The contractor must take the necessary measures to comply with the laws and regulations pertaining to the presence of migratory birds, including, but not limited to, the Species at Risk Act, the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations. Among others:

o Before work begins, check for the presence of migratory birds or their nests on the structures where the work will take place. If birds are present or if one or more nests are found, take the necessary measures to comply with the requirements, for example, avoiding them during the work and contacting the Canadian Wildlife Service.

• An emergency kit containing the appropriate equipment will be available at all times on the work site to allow contaminants to be contained and quickly recovered in the event of a spill. Employees must be trained in the use of the kit.

• The contractor must have an emergency response plan which must contain, at a minimum, an intervention plan and an alert structure. The contractor must ensure that this plan is placed in an easily accessible place where all employees can see it and that they are trained in its use. The contractor must notify the parties involved in the event of a spill: the Transport Canada duty officer and the National Environmental Emergencies Center of Environment and Climate Change Canada at 1-866-283-2333. The leak should be contained as quickly as possible. In addition, the soil or other environmental matrix impacted by this leak must be rehabilitated or disposed of in accordance with applicable regulations and to the satisfaction of TC, including any material used to clean up the spill.

Transport Canada is satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Transport Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.