Notice of Opinion on Whether an Impact Assessment is Required

Ottawa — April 8, 2024 — The Impact Assessment Agency of Canada (the Agency) is of the opinion that an impact assessment is not required for the Cooper Cove Marine Terminal Expansion Project (the project) proposed by the Port of Argentia (the proponent), located in Newfoundland and Labrador.

In applying the measures outlined in the Statement on the Interim Administration of the Impact Assessment Act Pending Legislative Amendments, the Agency has considered the following:

• the Detailed Project Description, and the response to the Summary of Issues, as submitted by the proponent;
• the possibility that carrying out the project may cause adverse effects within federal jurisdiction and adverse direct and incidental effects;
• adverse impacts that the project may have on the rights of Indigenous Peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
• comments received by the Agency from the public, Indigenous groups, federal authorities, and other jurisdictions in relation to the project, as reflected in the Summary of Issues; and
• the October 13, 2023, decision of the Supreme Court of Canada on the constitutionality of the Impact Assessment Act.

In light of the factors considered, the Agency is of the opinion that given the project's small footprint and its brownfield setting, the possibility of potential adverse effects within federal jurisdiction from the project would likely be limited or addressed through existing federal and provincial legislative and regulatory frameworks, as well as mitigation measures and commitments described by the proponent in the Detailed Project Description.

The possibility of adverse effects to fish and fish habitat, migratory birds, federal lands, or lands in another province or outside of Canada, and impacts on Indigenous Peoples would likely be addressed by commitments in the Detailed Project Description, legislative and regulatory frameworks under the Fisheries Act, Migratory Birds Convention Act, Species at Risk Act, Canadian Environmental Protection Act, Navigable Waters Act, Canada Shipping Act as well as Newfoundland and Labrador's Environmental Protection Act, Historic Resources Act and Endangered Species Act. As a result, the Agency is of the opinion that an impact assessment is not required for the project.

For further information on this impact assessment, please contact:

Impact Assessment Agency of Canada
160 Elgin Street, 22nd Floor
Ottawa, Ontario K1A 0H3
Telephone: 613-957-0700 or 1-866-582-1884
Fax: 613-957-0862
Email: information@iaac-aeic.gc.ca