NOTICE OF DETERMINATION

DORVAL – 2025-08-25 – Transport Canada has determined that the project "Riprap rehabilitation at the Cap-aux-Meules terminal, Iles-de-la-Madeleine, Quebec" 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:

General Measures

• Suspend work when weather conditions deteriorate (strong winds, storms) to prevent the dispersal of dredged or suspended matter outside the work area.

• No cleaning of equipment in the water body will be permitted.

• The contractor must ensure that all equipment imported and used in the water is free of contamination.

• Avoid releasing harmful substances into the water body.

• Keep all machinery on site clean and free of liquid leaks to prevent any substances from entering the natural environment.

• Wash, refuel, and maintain machinery and store fuel and other materials used so that harmful substances do not enter the natural environment.

• Dispose of all material residue (including construction, demolition, or commercial materials) outside of nearby ditches or waterways to prevent them from entering the natural environment.

• Ensure that construction materials used near water are handled and treated in a manner that prevents the release or leaching into the water of substances that may be harmful to fish.

Machinery and Equipment

• Keep machinery and equipment used during operations in good working order, clean, and free from leaks of oil, gasoline, or any other liquid that could pollute the environment.

• All machinery (boats, cranes, trucks, etc.) must be inspected by a qualified mechanic before work begins to ensure there are no breakages that could result in the release of hydrocarbons or any other contaminants. In the event of a breakage or leak, the machinery must be taken out of service and repaired as soon as possible. The leak must be contained, and contaminated soils must be properly managed.

• Limit truck traffic and turn off machinery and equipment engines when not in use.

• Perform maintenance and refueling of vehicles and equipment on sealed surfaces to contain any leaks and spills.

• Maintain and refuel vehicles and equipment under continuous supervision and at a location more than 30 meters from an aquatic environment or wetland.

• Use biodegradable hydraulic oil in machinery that will operate within 30 meters of a watercourse or wetland to reduce potential impacts on the environment.

Waste Management and Disposal

• Debris must be collected when they appear and placed in appropriate containers to prevent its dispersal into the environment.

• Develop a construction waste management plan that promotes reuse and/or recycling. If waste must be disposed of, dispose of it at an authorized site.

• Remove unused materials, waste, debris of all kinds, or other residual materials from the construction site throughout the work and dispose of them at an authorized site, in accordance with applicable regulations.

• Any waste accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.

Hazardous Materials Management

• The contractor must comply with all applicable regulations regarding the transportation, storage, handling, and disposal of hazardous materials and hazardous waste.

• Provide a detailed hazardous waste management plan and written documentation regarding weekly hazardous waste inspections, along with the monitoring report.

Failure Management

•  An effective emergency response plan in the event of an environmental incident, spill (sediment or harmful substances), or fire, relative to the characteristics and constraints of the construction site and its environment, must be developed by the contractor and communicated to all concerned.
• The environmental emergency response plan must include the names of the people and authorities to contact, as well as the measures to be implemented in the event of a spill.
• This emergency plan must be submitted to the ministerial representative at least 5 working days before the start of work.
• All personnel on the worksite must be fully trained in emergency spill response procedures, methods, and the use of relevant equipment and materials.
• Maintain complete emergency response kits (absorbents, waterproof bags, plugs, gloves, etc.) near the work area at all times to contain any spills. Secondary emergency kits may be required at certain locations on the worksite.
• Plan work to prevent the release of materials and other hazardous chemicals or products into the natural environment, such as grout, paint, oil, etc.
• Immediately report any accidental spills to the project emergency plan manager, who will ensure prompt contact with the appropriate authorities, containment of the affected area, cleanup, and management of contaminated soils, as well as any residual soils left in place, oil residues, and other hazardous waste, if applicable, in accordance with applicable laws and regulations.
• In the event of an accidental spill of diesel, gasoline or other environmental incident, it must be reported immediately to the ministerial representative and to the following authorities:
  • • Environnement Canada, environmental emergency center. Phone : 866-283-2333.
    • MELCC : 1-866-694-5454.
    • Canadian Coast Guard, marine pollution :1-800-363-4735
    • Site supervisor.
  • These emergency numbers must be displayed very clearly and at all times in the site office.
• The contractor must make every effort to dry up the source of the spill within the limits recommended by safety. A boom and/or an oil-absorbing mat must be deployed to contain the spill. The mats or booms must be stored in an identified container on the shore side. A characterization of the quality of the soil left in place, confirming that the affected site has been properly rehabilitated, must be carried out to the satisfaction of the Ministry.

 

Suspended matter Management

• Implement appropriate methods to minimize, contain, and control suspended matter during in-water work. The selected method must be appropriate to the site conditions.

• The method must be chosen prior to the work and submitted to the Ministry for approval.

• Place rocks on the seabed, or as close to the seabed as possible, rather than dropping them from the surface to limit further encroachment and sediment suspension.

• If sediment dispersion is observed, or if suspended matter exceed established criteria, work must be stopped immediately. Corrective measures must be proposed to the Ministry representative. They must be implemented before work resumes.

Limit the spread of invasive species

• Provide proof of the origin of equipment that will come into contact with the aquatic environment and demonstrate that it is free of invasive species.

• Use clean equipment stored on land before carrying out work in the marine environment.

• If the equipment is already in the water, provide written proof to the Ministry representative that it has been in the Estuary or Gulf of St. Lawrence for the past 12 months or more and that it is free of invasive species just before moving it to the work site.

• If the inspection report confirms the presence of invasive species, the contractor is required to replace the equipment or, at its own expense, thoroughly clean it. A description of the cleaning work performed must be included in the new inspection report (after cleaning), along with all the relevant information mentioned above.

Protection of Endangered Aquatic Species

• If an aquatic species at risk (leatherback turtle, blue whale, right whale, etc.) is observed within 200 m of the work area in an aquatic environment, stop work and wait for the animal to move more than 200 m away.

• If a leatherback turtle is observed, complete a leatherback turtle observation form and submit it to the Fish and Fish Habitat Protection Directorate (FHPD) of Fisheries and Oceans Canada (DFO) following the monitoring period. Send a copy to the departmental representative.

Marine Mammal Protection

• If a marine mammal species is observed within 200 m of the work area in an aquatic environment, stop work and wait for the animal to move more than 200 m away.

• If marine mammals are found within the established 200 m radius of the work area, the use of methods to scare the animals should not be considered.

Protection of Fish and Benthic Fauna

• Notify the departmental representative as soon as possible of any changes to the project's implementation conditions (schedule, plan, etc.) or unanticipated impacts on fish habitat. The departmental representative will contact the Fisheries and Oceans Canada representative.

• Carry out the in-water work between May 1 and July 31, implementing appropriate mitigation measures to protect the spring spawning and egg incubation period of Atlantic herring.

• Implement a compensation plan for the loss of fish habitat to the satisfaction of DFO.

• Do not operate machinery on the seabed.

Bird Protection

• 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. Some measures to minimize impacts on birds include, among others:

- Minimize encroachment into the natural environment.

- Special care must be taken to avoid disturbing or destroying any migratory bird nests.

- Avoid approaching or disturbing any birds or bird nests if they are observed during the work.

• Before beginning work, check for the presence of waterfowl nesting on the structures where the work will take place. If one or more nests are found, immediately notify the departmental representative before beginning 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 and protect the nest(s) with a protection zone. Immediately contact the departmental representative, who will contact ECCC's Canadian Wildlife Service (CWS) to ensure appropriate action is taken.

• On water and on land, stay far enough away to avoid disturbing nesting birds. Signs that birds have been disturbed include an upright posture while incubating the nest, increased vocalization, and adult birds leaving the nest.

• Avoid making high-pitched or loud noises, honking your horn, or whistling, and keep the engine at the same volume level at all times.

Health and Safety

• Maintain an adequate communication system between construction managers and users and plan the organization and mobilization of the construction site in collaboration with port users to ensure the smooth running of activities and minimize inconvenience for users.

• Implement a safety program specifying the signage to be installed and traffic restrictions at the various construction sites.

• Continuously monitor the cleanliness of the two access roads and clean them using a mechanical sweeper, when required.

• Continuously monitor vehicle movements associated with the construction site to avoid any encroachment on adjacent uses.

• Restrict vehicle traffic and parking to authorized lanes and work areas.

 

Navigation

• Comply with the conditions prescribed in the approval issued under the Canadian Navigable Waters Act (CNWA).

 

Air Quality Management

• Limit trucking and turn off machinery and equipment engines when not in use. Ensure that vehicles and equipment used are maintained in perfect working order (e.g., exhaust system).

• Cover dry materials and waste to prevent wind-blown dust or debris.

• Handle materials in a manner that avoids dust emissions.

• Optimize maneuvers to minimize operation times.

 

Noise Environment Management

• Comply with current municipal noise regulations and adjust machinery operations accordingly, if applicable.

• Try to limit truck traffic and turn off machinery and equipment engines when not in use.

• Use machinery and equipment in good working order to minimize noise.

• Optimize maneuvers to minimize operation times.

• Inform the Municipality of Cap-aux-Meules of planned activities and work schedules.