NOTICE OF DETERMINATION

DORVAL – 2023-07-24 – Transport Canada has determined that the project " Deconstruction of the former Fish plant and two related buildings" is not likely to cause significant adverse environmental effects.

This determination was based on the following factors:

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

The mitigation measures considered for this determination are as follows:

COMPONENT 1 – BUILDING DEMOLITION                                                                            

Degradation of soil quality                                                 

• If granular material is used for backfilling, it must be clean and free of contaminants. In addition, the backfill must meet the most stringent criteria between the criteria set out by the Canadian Council of Ministers of the Environment and the «Guide d'intervention – Protection des sols et réhabilitation des terrains contaminés du ministère de l'Environnement et de la lutte contre les changements climatiques». A certificate of chemical analysis must be provided to prove the quality and origin of this backfill.

Disturbance of migratory birds                                                   

• Before work begins, check for waterfowl nesting on the structures where the work will take place. If a nest(s) is found, immediately notify the ministry representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure that the correct actions are taken before commencing the work.                                                                                      
• If a nest containing migratory bird eggs or chicks is discovered near or in the work area, stop all noisy activities near the nesting site, protect the nest(s) with a protection zone. Immediately notify the ministry representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure that the correct actions are taken.                                           

Surface water contamination                                                      

• Appropriate working methods shall be used to prevent the introduction of debris and hazardous products into the aquatic environment. No debris shall be disposed of in the water or natural environment and any debris accidentally introduced into the water shall be removed as soon as possible and disposed of in accordance with the regulations.                                                                         
• Ensure that equipment and machinery are in good working order and free from oil leakage.                                                                                       
• Carry out maintenance, cleaning and refueling of equipment and vehicles in the areas provided for this purpose, on a watertight surface, at a distance of at least 30 m from watercourses and 15 m from drainage ditches.                                             
• Check equipment daily for leaks and repair it immediately, if necessary.              
• In the event of a breakage or leak, machinery must be removed from water, taken out of service and repaired as soon as possible. The leak must be contained and the spilled substances must be recovered. Contaminated soils and salvaged materials (absorbents, diapers and socks) will need to be managed according to the Soil Protection and Contaminated Land Remediation Response Guide, where applicable. Documentation of a compliant provision will need to be provided to TC. Everything must be to TC's satisfaction.                                                                               
• If machinery is stored overnight or for short periods, place the machinery on non-porous surfaces more than 30 metres from a body of water from which it would be possible to recover an accidental spill.                                              
• Ensure that runoff from the project is free of petroleum hydrocarbons and hazardous materials and that suspended particulate matter and turbidity remain low and meet federal and provincial criteria.                                                                                      
• Avoid leaving soils bare and put in place, if necessary, a temporary soil retention system to prevent runoff from the site from ending up in the bay or a ditch related to it.                                                                               

Deteriorating air quality                                                    

• In dry weather, use work methods as much as possible that minimize the emission of fine particles. The use of water to suppress dust should only be done with great care and with appropriate recovery and management of run-off water.                              
• Cover dry materials and debris to prevent wind from raising dust or carrying debris.              
• Cover loads that may release particles into the air, as prescribed by the traffic regulation, with tarpaulins.                                                                                  
• Use clean, in good working order and in conformity with regulation machinery to minimize emissions (to atmosphere and noise) 
• Adopt work methods that minimizes oxide emissions and/or exhaust from motor vehicles and other machinery. If possible, turn off engines of gasoline vehicles and equipment when not in use.     
• Shut down engines of vehicles and equipment when not in use.                                                                                       

Waste management                                                        

• Provide the site with all sanitary equipment in sufficient quantity to prevent any dispersion of waste into the environment (transportable chemical toilets, garbage cans, bins, etc.).                                                                                       
• Manage residual materials in compliance with the 3RV (reduction at source, reuse, recycling, recovery). Only materials that cannot go through one of these streams are sent to disposal.                                                                                       
• Once work on site is completed, the work areas must be cleared of equipment, machinery, demolition materials, waste, scrap, rubble and excavated material as quickly as possible. All types of waste will have to be managed in authorized sites according to the applicable regulations.                                                                                        

Contamination of soil and surface water by an accidental oil spill                       

• An environmental emergency response plan and an adequate hazardous materials recovery response kit must be present at all times on site and employees must be familiar with its use.  This must take into account the proximity of a body of water.              
• All personnel at the work site will need to  be fully trained on spill emergency response procedures, methods and use of relevant equipment and materials.                                
• All spills must be reported immediately to ECCC's emergency services (1-866-283-2333) and the Environmental Emergency Department of the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs du Québec (MELCCFP) (1-866-694-5454) and to the Canadian Coast Guard's alert network in the event of an aquatic incident (1-800-363-4735).  Transport Canada will also need to be notified.                                                                              
• Any contaminant spill will require immediate action to limit and recover pollutants. Pollutants will have to be managed according to the applicable regulations.                      
• Any waste or pollutants associated with this incident must be managed and disposed of off-site in accordance with applicable regulations. Documentation of a compliant disposale will need to be provided to the TC project manager.                           
• In the event of equipment failure or spillage, the emergency plan must be implemented immediately. Notify TC's dock warden and environmental officer immediately.                   
• If soil is contaminated by a spill, it must be placed in a pile on a waterproof membrane and covered with a waterproof membrane, or placed in leak-proof containers, tested and managed according to their contamination levels at authorized sites that comply with current regulations.                                              
• Equipment must use biodegradable oils that limit the impact of a possible accidental spill.                                                                               

Health and safety risk                                                        

• A security perimeter must be delineated around the work area and have restrict access to unauthorized persons.                                                                        
• Ensure the safety of workers and the public by marking the work site and installing adequate signage.                                                                                   
• Maintain the traffic lanes in good condition and take the necessary measures so that they can be used and crossed without problem by other users.                                             
• Following the work, restore as soon as possible the traffic routes to a condition at least equal to their initial condition.                                                                                
• Throughout the work, clean traffic lanes when required.             

Contamination by hazardous waste management                          

• For all work involving hazardous materials removal and hazardous waste management, comply with federal, provincial, local and quote requirements and, in the event of a conflict, apply the strictest of them. Ensure that the work is carried out in compliance with the applicable regulations.         
• Provide the detailed hazardous waste management plan as well as written documentation regarding weekly hazardous waste inspections with the monitoring report.                                                                           
• Present the intervention plan to all employees on the site.                                      
• No storage of hazardous materials within thirty meters of a watercourse.                          
• It is prohibited to discharge oil, solvents, diluents or any hazardous substances into waterways, storm sewers and sanitary facilities.                            
• If hazardous materials are present, they must be identified, protected from the weather and stored safely.                       
• If lead is present in the paint of buildings, the developer must ensure that the measures set out in the estimate are respected.                                           
• The Contractor must comply with all applicable regulations concerning the transportation, storage, handling and disposal of hazardous materials and hazardous waste. Hazardous materials used during the work must be stored in a secure location and transported in leak-proof containers that are clearly identified according to regulations.                                                                                      
• Hazardous waste must be managed and disposed of according to the regulations in force by a company that holds MELCCFP authorizations. Keep the hazardous waste transport manifest.                                                                                 

Contamination by the management of asbestos-containing waste

• Comply with federal, provincial, local and quotation requirements and, in the event of a conflict, apply the strictest of them. Ensure that the work is carried out in compliance with the regulations in force.           
• The Contractor must perform the Work in a manner that ensures that no dispersion of airborne asbestos fibres and asbestos waste or water leakage ever contaminates areas outside the project.                                        
• Provide all protective equipment necessary to perform work in the presence of hazardous materials.                                                                              
• All workers working in the asbestos-containing sector must have the necessary training, as prescribed by the Construction Safety Code.                                                                                       
• Safely remove all debris on a regular basis (during shifts and at the end of the day) and dispose of it safely in a dedicated container.                                                                                      
• Identify all containers used for asbestos waste according to the Construction Safety Code.                                                                             
• For each load of waste leaving the work site, complete and provide to the Departmental Representative or designate a waste transport or disposal document containing the information described in the Transportation of Dangerous Goods Act.                                                                                        

Degradation of the noise environment                                                   

• Restrict work to normal working hours (7:00 a.m. to 6:00 p.m., weekdays, avoiding holidays), or according to current regulations.  
• Use clean, in good working order and in conformity with regulation machinery to minimize emissions (to atmosphere and noise) 
• Optimize maneuvers to minimize the duration of operations.                                 
• Limit the use of the engine brake when transporting equipment and materials and comply with the applicable regulations.                                                           
• As much as possible, avoid slamming the panel of the truck body.                         
• Truckers will respect Traffic regulations and speed limits.           
• Do not encroach outside work areas.                   

 

 

COMPONENT 2 - REHABILITATION OF THE SITE                                                                

Disturbance of migratory birds                                                    

• Before work begins, check for waterfowl nesting on the structures where the work will take place. If a nest(s) is found, immediately notify the ministry representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure that the correct actions are taken before commencing the work.                                                                                      
• If a nest containing migratory bird eggs or chicks is discovered near or in the work area, stop all noisy activities near the nesting site, protect the nest(s) with a protection zone. Immediately notify the ministry representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure that the correct actions are taken.                                           

Degradation of soil or surface water quality by construction or accidental spill         

• Equipment must use biodegradable oils that limit the impact of a possible accidental spill.                                                                               
• Appropriate working methods shall be used to prevent the introduction of debris and hazardous products into the aquatic environment. No debris shall be disposed of in the water or natural environment and any debris accidentally introduced into the water shall be removed as soon as possible and disposed of in accordance with the regulations.                                            
• Ensure that equipment and machinery are in good working order and free from oil leakage.                                                                                       
• Carry out maintenance, cleaning and refueling of equipment and vehicles in the areas provided for this purpose, on a watertight surface, at a distance of at least 30 m from watercourses and 15 m from drainage ditches.                                             
• The contractor must provide a machinery inspection certificate before carrying out the work.                                                       
• Check equipment daily for leaks and repair it immediately, if necessary.                             
• In the event of a breakage or leak, machinery must be removed from water, taken out of service and repaired as soon as possible. The leak must be contained and the spilled substances must be recovered. Contaminated soils and salvaged materials (absorbents, diapers and socks) will need to be managed according to the Soil Protection and Contaminated Land Remediation Response Guide, where applicable. Documentation of a compliant provision will need to be provided to TC. Everything must be to TC's satisfaction.      
• If machinery is stored overnight or for short periods, place it if on non-porous surfaces more than 30 meters from a body of water from which it would be possible to recover an accidental spill.                                                                             
• Avoid leaving soils bare and put in place, if necessary, a temporary soil retention system to prevent runoff from the site from ending up in the bay or a ditch related to it.     
• No waste, equipment, construction materials or machinery can be left on site at the end of the work.                                                                                      
• Perform backfilling work by developing excavated sites according to the slope of the site to minimize runoff accumulation at excavated sites
• Ensure that runoff from the project is free of petroleum hydrocarbons and hazardous materials and that suspended particulate matter and turbidity remain low and meet federal and provincial criteria.                                                                                      

Management of contaminated soils                                                       

• If floors need to be stored temporarily, they must be placed on a polyethylene membrane, and covered with an impermeable membrane to protect them.                     
• Excavated soil and residual materials must be transported in containers, bags or waterproof tipper equipped with a tarpaulin covering the top of it                       
• Excavated soil must be transported to a treatment or authorization site authorized by the MELCCFP                                                                                       
• If water accumulates in excavations, it must be pumped, stored, tested and managed based on sample results.                                                                                  
• Backfilling of excavations must be carried out with contamination-free material from a known borrow bench                                                                          
• Perform backfilling work by developing excavated sites according to the slope of the site to minimize runoff accumulation in excavated sites.             

Hazardous Materials Management                                                        

• For all work involving hazardous materials removal and hazardous waste management, comply with federal, provincial, local and specification requirements and, in the event of a conflict, apply the strictest of them. Ensure that the work is carried out in compliance with the regulations in force.
• No storage of hazardous materials within thirty meters of a watercourse.                          
• It is prohibited to discharge oil, solvents, diluents or any hazardous substances into waterways, storm sewers and sanitary facilities.                                           
• If hazardous materials are present, they must be identified, protected from the weather and stored safely.                                                    

Waste management                                                         

• Provide the site with all sanitary equipment in sufficient quantity to prevent any dispersion of waste into the environment (transportable chemical toilets, garbage cans, bins, etc.).                                                                                       
• Manage residual materials in compliance with the 3RV (reduction at source, reuse, recycling, recovery). Only materials that cannot go through one of these streams are directed to disposal.                                                                               
• When work is done on site, the work areas must be cleared of equipment, machinery, demolition materials, waste, scrap, rubble and excavated material from the work as quickly as possible. These materials will have to be managed in sites authorized to receive them according to the applicable regulations and this, for all types of waste that will be produced as part of this work.                          

Accidents and malfunctions                                                         

• An environmental emergency response plan and an adequate hazardous materials recovery response kit must be present at all times on site and employees must be familiar with its use.  This must take into account the proximity of a body of water.              
• All personnel at the work site will need to be fully trained in spill emergency response procedures, methods and use of relevant equipment and materials.                                
• All spills must be reported immediately to ECCC's emergency services (1-866-283-2333) and the Environmental Emergency Department of the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs du Québec (MELCCFP) (1-866-694-5454) and to the Canadian Coast Guard's alert network in the event of an aquatic incident (1-800-363-4735).  Transport Canada will also need to be notified.                                                                              
• Any contaminant spill will require immediate action to limit and recover pollutants. Pollutants will have to be managed according to the standards in force.                             
• Any waste or pollutants associated with this incident must be managed and disposed of off-site in accordance with applicable regulations. Documentation of a compliant provision will need to be provided to the TC project manager.                                                        
• In the event of equipment failure or spillage, the emergency plan must be implemented immediately. Notify TC's dockkeeper and environmental officer immediately.                   
• If soil is contaminated by a spill, it must be placed in a pile on a waterproof membrane and covered with a waterproof membrane, or placed in leak-proof containers, tested and managed according to their contamination levels at authorized sites that comply with current regulations.                                                                           

Deteriorating air quality                                                    

• In dry weather, use work methods that minimize the emission of fine particles. The use of water to suppress dust should only be done with great care and with appropriate recovery and management of run-off water.                                                                                     
• Cover dry materials and debris to prevent wind from raising dust or carrying debris.              
• Cover loads that may release particles into the air, as prescribed by the Traffic regulations, with tarpaulins.                                                                                
• Use clean, in good working order and in conformity with regulation machinery to minimize emissions (to atmosphere and noise) 
• Adopt a work method that minimizes oxide emissions and/or exhaust from motor vehicles and other machinery.                                              
• Shut down engines and equipment when not in use.     

Risk to user safety                                                   

• A security perimeter must be delimited around the work area to restrict access to unauthorized persons.                                              
• Ensure the safety of workers and the public by marking the work site and installing adequate signage.                                                                                   
• Movement of personnel and machinery will need to be minimized        
• Maintain good condition of traffic lanes used and take the necessary measures so that they can be used and crossed without problem by other users.       
• Following the work, restore the roads to a condition at least equal to their initial condition and as soon as possible.                                                                                   
• Throughout the work, clean traffic lanes when required.                            

Degradation of the noise environment                                                   

• Restrict work to normal working hours (7:00 a.m. to 6:00 p.m., weekdays, avoiding holidays), or according to current regulations.  
• Use clean, in good working order and in conformity with regulation machinery to minimize emissions (to atmosphere and noise) 
• Optimize maneuvers to minimize the duration of operations.    
• Limit the use of the engine brake when transporting equipment and materials and comply with the applicable regulations.                                                           
• As much as possible, avoid slamming the truck bucket panel                    
• Truckers will respect the Highway Safety Code and speed limits.
• Disturbance of species at risk and the natural environment                                     
• Do not encroach outside work areas.