Vice-President's Response Regarding the Development of a Satellite Jetty at the Montréal-Trudeau International Airport

Physical Activities

ADM Aéroports de Montréal is proposing the development of a satellite jetty at the Montréal-Trudeau International Airport in Quebec. As proposed, the project, located on federal lands, would involve the construction of a temporary satellite jetty with four gates capable of handling eight aircraft, and a permanent satellite jetty with 12 gates capable of handling up to 24 aircraft.

Delegation of Powers to IAAC

Under subsection 154(1) of the Impact Assessment Act (the IAA), the Minister of Environment and Climate Change (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to IAAC any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. The Minister delegated to the President or Vice-President of Operations of IAAC the authority to respond to requests for designation, for which limitations on designation described under subsection 9(7) of the IAA apply.

Decision

Non-designated physical activities

Reasons

Pursuant to paragraph 9(7)(a) of the IAA, the Minister must not exercise their power to designate if the carrying out of the physical activity has substantially begun or if a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part. Therefore, the Minister cannot designate the development of a satellite jetty at the Montréal-Trudeau International Airport for the following reason:

• A federal authority, the Canada Infrastructure Bank, exercised a power conferred on it under a federal act other than the IAA, namely the Canada Infrastructure Bank Act, that could permit the physical activity to be carried out in whole or in part. Consequently, pursuant to paragraph 9(7)(b) of the IAA, the Minister cannot designate the project.