Sorel-Tracy Port Terminal Project
Sorel-Tracy Port Terminal Project
Document reference number: 55
Indigenous Engagement and Partnership Plan
April 2023
Table of Contents
- 1. Introduction
- 2. Description of the Proposed Project
- 3. Objectives of Indigenous Engagement and Partnership
- 4. Indigenous Communities
- 5. Engagement and Consultation Tools, and Methods
- 6. Engagement and Consultation Approach
- 7. Participant Funding
- 8. Federal Agencies' Roles and Responsibilities
- 9. How To Submit Comments
1. Introduction
On December 16, 2022, the Impact Assessment Agency of Canada (the Agency) determined that an impact assessment is required for the Sorel-Tracy Port Terminal Project ("the Project"), pursuant to Subsection 16(1) of Canada's Impact Assessment Act.
The Indigenous Engagement and Partnership Plan (IEPP) outlines opportunities and methods for meaningful engagement and consultation with potentially affected Indigenous communities throughout the impact assessment process for the Project. Meaningful consultations are to be conducted in the spirit of reconciliation, towards a renewed nation-to-nation relationship, and in accordance with the Principles respecting the Government of Canada's relationship with Indigenous Peoples.
Throughout this document, the term "Indigenous peoples" is used to refer to Indigenous communities that may wish to participate in the impact assessment. This terms includes Indigenous peoples or other sub-groups connected by Band, geographical location, community roles and other shared values and identities. Within the context of the impact assessment process, the Agency encourages the active participation of a community's diversity such as the Chief and Council, community leaders, as well as other members of the community, such as women, Elders and youth.
To complement this broader IEPP, interested Indigenous communities may develop community-specific consultation plans, to describe the community's specific objectives for consultation, or any unique features of the impact assessment and consultation process pertaining to that community.
In addition to this IEPP, the Agency plans to engage Indigenous organizations that have indicated an interest in the impact assessment process using the engagement tools and methods described in the Public Participation Plan.
2. Description of the Proposed Project
Sorel-Tracy Port Terminal Project
QSL International Ltd. is proposing the construction and operation of a new port terminal in the industrial-port zone of Sorel-Tracy, Quebec. The project would consist of the construction of a wharf and related intermodal infrastructures that would reduce ship waiting times and improve the fluidity of the logistics chain. Depending on the option chosen, the T-shaped wharf would consist of a floating unloading area made up of a barge of approximately 32 x 120 metres and tow mooring dolphins.
Depending on soil capacity, the unloading area would be connected to the shore by another barge fixed to the bottom with piers or by a fixed deck supported by concrete piers. The attachment point of the transhipment wharf would be installed on the existing structures of the water intake blocks of a former thermal power plant. The primary market for the terminal is the agri-food industry, in addition to fertilizers, road salt and oversized steel parts. In operation, the terminal could accommodate up to 35 ships per year.
For more information on the Sorel-Tracy Terminal Project or to read the information and comments received, visit the Canadian Impact Assessment Registry (the Registry website) at Sorel-Tracy Port Terminal Project (ceaa.gc.ca).
3. Objectives of Indigenous Engagement and Partnership
3.1 Objectives of the Impact Assessment Agency of Canada
The plan for Indigenous engagement and partnership on this project seeks to addresses:
- Consultation with the Crown regarding the potential impacts of the project on the exercise of Aboriginal and Treaty rights;
- Engagement of Indigenous communities with respect to Indigenous knowledge that they may wish to apply when considering potential impacts, or any other cultural considerations and customs that should be taken into account when making decisions about the project;
- Engaging Indigenous communities in a way that encourages the participation of different sub-groups of the population, including women, youth and elders, and that produces disaggregated data;
- Engagement with Indigenous communities throughout the impact assessment process, including opportunities to provide input on key documents and general consultation and engagement processes;
- Opportunities for collaboration with Indigenous communities, particularly those who have demonstrated an interest in elements of the impact assessment. Indigenous communities have identified the following objectives and interests related to engagement in the impact assessment process.
3.2 Objectives identified by Indigenous peoples during the Planning Phase
Indigenous communities have identified the following objectives and interests in participating in the impact assessment process:
- Consultations that respect the autonomy and realities of each community in relation to the others and their freedom of association, if applicable, according to the preference expressed by the representatives of each community;
- Consultations that respect the diverse roles of Indigenous communities in the Project area;
- Establishing a positive working relationship and direct communication channel with the proponent and Crown consultation bodies;
- Consultations that respect the preferred approaches of community representatives to consult their members;
- Recognition that Indigenous communities are in the best position to consult their members;
- Creation of an ethical space for exchange and collaboration, in which knowledge systems can interact with mutual respect and are equal in merit;
- Alignment of federal and provincial processes, as much as possible, to avoid consultation fatigue;
- Access to adequate financial support to enable meaningful participation in the impact assessment process;
- Recognition of the importance of the proponent and IAAC acting in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, including the principle of free, prior and informed consent;
- Recognition of the importance of the proponent obtaining the free, prior and informed consent of the communities affected by its project before proceeding;
- Consultations respecting existing consultation protocols or created for the consultation process within the framework of the consulted First Nations project;
- The respect of the original formats and processes of the knowledge of the Nations, communities and sub-groups represented (songs, ceremonies, storytelling, etc.);
- The protection of sensitive or confidential data of the First Nations in the event of a sharing in the framework of the consultation process;
- Obtaining, in a timely manner, all documentation deemed relevant in a popularized and easily accessible format for the realization of an enlightened analysis of the project's impacts on First Nations' rights;
- Obtaining reasonable and flexible deadlines ( established in consultation with the First Nations concerned to the extent possible) for the analysis, drafting and improvement of all documentation related to the impact assessment;
- To be able to evaluate the impact of the project on the rights of the Nation in a context of cumulative impacts (establishment of reference states and thresholds for maritime activities on the St. Lawrence River);
- Promote the exercise of jurisdiction and the respect of First Nations stewardship obligations by:
- The possibility of producing their own studies, evaluating themselves the impacts of the project on their activities and interests;
- The autonomous realization of the impact assessment that concerns them in order to better value their knowledge and their knowledge of their own realities;
- As far as possible, obtaining a mutual agreement on accommodation measures when impacts are anticipated;
- Where appropriate, publishing a notice of decision on the impact study;
- Acknowledgement that project impacts will need to be addressed first through avoidance measures and then through appropriate accommodation and compensation measures before the project is permitted;
- Assurance that mitigation measures are implemented effectively and that the results of implementation and monitoring are communicated in a timely and transparent manner;
- Project decisions based on:
- Community input on the concept of sustainability;
- Community concerns and values;
- Indigenous knowledge shared through this process;
- Consideration of the cumulative negative impacts of past, current and planned activities in the region as well as the new impacts of the project on the rights of Indigenous Peoples.
4. Indigenous Communities
The Agency identified the following lists of Indigenous communities or jurisdictions that may be potentially impacted by the Project. This includes groups where the Project may adversely impact the exercise of Aboriginal or Treaty rights of Indigenous Peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982 and also Indigenous Peoples with asserted rights where an assessment of effects under section 22 of the Impact Assessment Act (IAA) may be required. This list is based on information available in the Government of Canada's Aboriginal and Treaty Rights Information System, as well as information shared by Indigenous communities during initial meetings and throughout the Planning Phase.
Although the impact assessment process is not a rights-determination process, the Crown acknowledges that the content and extent of the duty to consult and, where appropriate, accommodate varies according to the nature of the rights (established or potential) and the severity of the Project's potential impact on these rights. The Agency's assessment of the extent of the duty to consult and, where appropriate, accommodate is at its preliminary phase. The Agency wishes to complete this exercise in collaboration with Indigenous communities during the Impact Statement Phase.
The Government of Canada is committed to renewing its relationship with Indigenous Peoples, which is based on the recognition of rights, respect, cooperation and partnership. Through this IEPP, the Agency supports this commitment. In addition to the IEPP, the Agency plans to engage Indigenous organizations that have indicated an interest in the impact assessment process using the engagement tools and methods outlined in the Public Participation Plan.
4.1. Crown consultation list of Indigenous communities
The Crown will consult with Indigenous communities listed Footnote 1 below to understand the concerns and potential impacts of the Project on their exercise of potential or established Aboriginal or Treaty rights and, where appropriate, make accommodations. These consultations will comprise an integral part of the work that will support the assessment of the Project.
The Indigenous communities or jurisdictions that make up the Crown Consultation list were informed of the Sorel-Tracy Port Terminal Project during the Planning Phase of the Project's Impact Assessment process.
Nation W8banaki (Grand conseil de la Nation Waban-Aki) |
Mohawk Council of Kanhawà:ke |
Conseil de la Nation huronne-wendat |
4.2. Crown list of additional Indigenous communities to be engaged
The Crown will engage with Indigenous communities listed below to understand the concerns and impacts where an assessment of effects under section 22 of the IAA may be required. Specifically, the Agency will notify the Indigenous communities listed below during key stages of the impact assessment process.
The Agency has not identified Indigenous communities at this time. |
- |
The list of groups targeted for Crown consultation was revised during the Planning Phase in response to Indigenous communities that indicated that they did not choose to participate in the federal impact assessment process for the Sorel-Tracy Port Terminal Project at this time.
5. Engagement and Consultation Tools, and Methods
The following is a list of tools and methods identified by the Committee and Indigenous communities during the Planning Phase to ensure meaningful consultation in the impact assessment process:
- Ongoing, open and transparent communication between the Crown and Indigenous communities;
- Ongoing feedback on comments made throughout the process;
- Inclusion of comment period deadlines in all Agency communications. Reminders, by email or telephone, a few days before the deadlines;
- Timely sharing (as early as possible) with Indigenous communities of all information relevant to the project held by the Crown;
- Respecting Indigenous community consultation protocols during consultation or engagement activities, where possible;
- Sharing of information with community members in ways determined by community representatives (e.g. brochures, social media, community radio, community meetings, newsletters);
- Inclusive meetings that allow for diverse participation (e.g., accessibility of meeting locations, timing of meetings, transportation, childcare, size of focus groups to suit members' preferences, door prizes to encourage participation);
- Reasonable time for consultation meetings in the communities;
- Meetings that emphasize small group discussions;
- Engagement activities tailored to the specific needs of each community (e.g., virtual meetings, in-person meetings, surveys);
- Availability of federal experts to participate in meetings and workshops on technical issues;
- Considering oral comments from Indigenous community members as seriously and with the same consideration as if they had been submitted in writing;
- Consideration of cultural elements, including issues related to seasonality (e.g., greater participation during the warm season, unavailability during harvesting and hunting seasons), cultural protocols (e.g., tobacco offering and gift giving), and spirituality (e.g., opening prayers);
- Recognition of place names as part of Indigenous knowledge and the use of Indigenous place names to promote exchange;
- Recognition that maps representing traditional territories are living documents;
- Providing training on the impact assessment process;
- Preparing a meeting summary for the Indigenous communities that participated, and ensuring that the views of their members are well represented;
- Encouraging the proponent to provide project information in a visual format, such as 3D representations;
- Providing workshops in a format that allows for discussion of key documents during the impact assessment process, where appropriate;
- Signing of confidentiality agreements, respecting the principles of OCAP (Ownership, Control, Access and Possession), to prevent unauthorized disclosure of Indigenous knowledge and thereby promote the sharing of Indigenous knowledge;
- Participant funding under the Participant Funding Program to support the participation of Indigenous communities in consultation activities, including the assessment of potential impacts and potential direct and indirect cumulative effects, as well as adverse impacts on Aboriginal and Treaty rights attributable to the project;
- Clear information on the financial assistance available from the Agency; on the timeline for the impact assessment process (including visual representations of the process, such as timelines); and on the expected workload of Indigenous communities to ensure full participation and engagement.
In addition, the Agency will explore some possibilities:
- Provide reasonable timeframes and flexible timelines to allow communities to complete their impact assessment and analysis processes in an informed manner, taking into consideration the closed periods of the Indigenous organizations responsible for these assessments;
- Translation of key high-level summaries into French, English, or Indigenous languages, where possible;
- Participation of translators or interpreters in meetings between Indigenous communities and the Crown.
6. Engagement and Consultation Approach
The table below provides a description of the key steps in the impact assessment process and explains the procedures proposed by the Agency, on behalf of the Crown, to appropriately engage and consult with Indigenous Peoples during each step. Indigenous Peoples' participation in Crown consultation activities will be supported by the Participant Funding Program. This table describes the objectives of each stage and the methods of engagement, including opportunities for Crown-Indigenous collaboration during the impact assessment process.
Prior to determining the need for an impact assessment, the Agency consulted with Indigenous Peoples on the initial Project description and prepared the Summary of Issues. The Agency subsequently forwarded this summary, which included, among other things, the key issues identified by Indigenous Peoples, to the Proponent for response. The Agency then sought comments from Indigenous Peoples on the draft Individualized Impact Statement Guidelines and the Indigenous Engagement and Partnership Plan (this document). The Agency has taken the comments received into consideration in finalizing these documents.
Indigenous Peoples identified in Table 1 who wish to develop an individualized consultation plan with the Agency are encouraged to express their interest to the Agency as soon as possible, if they have not already done so, in having such a plan prepared during the impact assessment phase.
Table 2 - Table of Indigenous engagement approaches and activities
Notes: The following table is a supplement to Table 1 of the Public Participation Plan, which also applies to Indigenous peoples, unless otherwise specified in this plan.
Process Phase |
Phase Objectives |
Expected Activities (Angecy/Other Jurisdiction/Proponent) |
Participation tool |
Timelines |
---|---|---|---|---|
Impact Statement |
Agency
First Nation
|
|
|
|
Impact assessment |
Agency
First Nations
|
|
|
|
Decision making |
Agency
|
|
- |
|
Post décision |
Agency
First Nations
|
|
Online comments* on potential amendments to Decision Statement. |
|
7. Participant Funding
During the Planning Phase, Indigenous communities received grant funding to support their comments on the Initial Project Description. Grant funding was also available to support the review and comment on the draft Guidelines, and the draft IEPP. Funding is also available to support Indigenous communities to participate throughout the impact assessment process. The opportunity to submit applications for funding will be made available to Indigenous communities or jurisdictions during the Impact Statement phase. These participant-funding opportunities will support the Indigenous communities to comment on the proponent's Impact Statement and the Agency's draft Impact Assessment Report and potential conditions.
For information about the activities that are eligible for funding or how to apply for funding, please see the National Program Guidelines and the application process at: https://www.canada.ca/en/impact-assessment-agency/services/policy-guidance/participant-funding-program-national-program-guidelines.html.
8. Federal Agencies' Roles and Responsibilities
The Permitting Plan issued at the end of the Planning Phase describes the permits and authorizations that may be required for the Project to proceed.
Federal authorities identified in the Permitting Plan as well as those with additional expert advice will engage as needed with the Agency, proponent, Indigenous communities and other parties to clarify information requirements related to its specialist or expert information and knowledge. Throughout the impact assessment process, federal authorities may also review and analyze the proponent's Impact Statement; support and participate in the Agency's Crown consultation activities; and support the Agency and Indigenous communities in understanding, assessing and addressing impacts on the exercise of Aboriginal and Treaty rights.
The Agency, on behalf of the Government of Canada, will lead Crown consultations for the impact assessment and will form the federal review team described above.
9. How to Submit Comments
Comments can be submitted at any time during the impact assessment process by using the "submit a comment" feature on the Registry website (Reference Number 83969). Attachments can also be uploaded using this function.
If you have any difficulties with the submission process, please contact the Senior consultation officer assigned to the project or using the contact information below. Comments may also be submitted through other means, including by email to Sorel-Tracy@iaac-aeic.gc.ca.
Comments and other documents received by the Agency will form part of the project file and will be posted on the Registry website. The Agency's Submission Policy determines what information can be shared publicly and what information should remain private. For more information on how we protect your privacy, please refer to the Agency's Privacy Notice. If you do not want your comment to be posted on the Registry website, please contact the Agency before submitting your comment.
Indigenous Knowledge shared in confidence is protected from disclosure under section 119 of the IAA, except if written consent is provided, or if the information is publicly available. In addition, Indigenous Knowledge shared in confidence could be shared with certain parties if disclosure is necessary for procedural fairness and natural justice or for use in legal proceedings. This ensures that interested persons have a fair opportunity to participate in processes that would likely affect their interests, and that they have access to all necessary information and evidence relied on by the decision-maker. Should you wish to provide any comments or documents that contain confidential or sensitive information that should be protected from release to the public, please contact the Sorel-Tracy Port Terminal Project Team (contact below) before submitting the information. This will ensure that your submission is handled appropriately. Note, the Agency will consult with you prior to disclosing Indigenous Knowledge shared in confidence under an exception.
A summary of the comments received during the impact assessment process will also be added to the Agency's impact assessment report.
If you have questions or need information, please contact the Agency office responsible for administering the impact assessment process for this project:
Sorel-Tracy Port Terminal Project
Impact Assessment Agency of Canada
901-1550, Estimauville Avenue
Québec QC G1J 0C1
Telephone: 418-649-6444
Email: Sorel-Tracy@iaac-aeic.gc.ca