Notice of Determination

Dorval – September, 24 2025 – Transport Canada has determined that the proposed phase 2 of the channel and harbor dredging project at Cap-aux-Meules, Québec, is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

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

Mitigation measures taken into account for this determination are:

General Measures

• Suspend work when weather conditions deteriorate (strong winds, storms) to prevent the dispersion of dredged or suspended materials outside the work area.
• No cleaning of equipment will be permitted in the waterbody.
• Prohibit the discharge of contaminants into the Gulf of St. Lawrence, aquatic environments, or wetlands.
• Keep all machinery on site clean and free of leaks to prevent substances from entering the natural environment.
• Wash, refuel, and maintain machinery, and store fuel and other materials used in machine operation to prevent harmful substances from seeping into the natural environment.
• Ensure proper management of services and constant accessibility to the wharf for different users (commercial fisheries, ferry, oil or general cargo…).
• For land-based management of dredged materials, dispose of the dredged material above the high spring tide line. If required, confine or stabilize these materials (e.g., impermeable tarp, sediment barrier) to prevent sediment input or leaching into aquatic environments. Ensure that decant water meets discharge standards.
• In cases of land-based dredged material management, ensure that decant water meets discharge standards.

Machinery and Equipment

• Keep all machinery and equipment used during the work in good working order, clean, and free of oil, fuel, or other fluid leaks that could pollute the environment.
• All machinery (vessels, cranes, trucks, etc.) must be inspected by a qualified mechanic before work begins to ensure there are no failures that could lead to hydrocarbon or other contaminant leaks. In the event of a breakdown or leak, the machinery must be taken out of service and repaired as soon as possible. The leak must be contained, and contaminated soils managed properly.
• Use biodegradable hydraulic oil in machinery operating within 30 meters of a watercourse to reduce potential impacts on the environment.

Residual and Hazardous Materials Management

• Collect debris as work progresses and place it in appropriate containers to prevent dispersal in the environment.
• Remove unused materials, waste, debris, or other residual materials from the worksite throughout the project and dispose of them at an authorized site in compliance with applicable regulations.
• Any waste accidentally introduced into the environment, including aquatic environments, must be removed as quickly as possible.
• The contractor must comply with all regulations in force regarding the transport, storage, handling, and disposal of hazardous materials and hazardous waste.
• Provide a detailed hazardous waste management plan and written documentation of weekly hazardous waste inspections along with the monitoring report.

Failure Management

• An effective emergency response plan must be developed by the contractor and distributed to all concerned personnel for incidents such as environmental events, spills (sediment or harmful substances), or fires, taking into account the site's characteristics and constraints.
• The environmental emergency response plan must include the names of contact persons and authorities as well as measures to be implemented in the event of a spill. It must be posted at all times and easily accessible on site.
• This emergency plan must be submitted to the ministry representative at least 5 business days before the start of work.
• All personnel on site must be fully trained in spill response procedures, methods, and the use of relevant equipment and materials.
• Immediately report any accidental spill to the project emergency response coordinator, who will promptly contact the relevant authorities, contain the affected area, ensure cleanup, and manage contaminated and residual soils, petroleum residues, and other hazardous residual materials in compliance with applicable laws and regulations.
• In the case of an accidental diesel, gasoline, or other environmental spill, it must be reported immediately to the ministry representative and the following authorities:
  • ECCC, National Environmental Emergencies Centre. Tel.: 1-866-283-2333.
  • MELCCFP, Urgence-Environnement: 1-866-694-5454.
  • Canadian Coast Guard, Marine Pollution: 1-800-363-4735.
  • Site supervisor.
• These emergency numbers must be posted clearly and at all times in the site office.
• The contractor must take all necessary measures to stop the source of the spill. An oil boom and/or absorbent mats must be deployed to contain the spill. Mats or booms must be stored in a clearly identified container. Soil quality testing confirming adequate site remediation must be carried out to the ministry's satisfaction.
• Maintain complete spill response kits (absorbent products, waterproof bags, plugs, gloves, etc.) near the work area at all times to contain spills. Secondary kits may be required in certain areas of the site.
• Maintain a minimum distance of 30 meters from aquatic or wetland environments for refueling, machinery parking, and storage of petroleum products. If this distance cannot be maintained, the contractor must install adequate secondary containment to capture potential spills.

Air Quality Management

• Limit trucking and shut off engines of machinery and equipment when not in use.
• Ensure vehicles and equipment are kept in proper working order (e.g., exhaust system).
• Cover dry materials and waste to prevent wind from carrying dust or debris.
• Handle materials in a way that avoids dust emissions.

Noise Management

• Comply with applicable municipal noise regulations and adjust machinery operations accordingly.
• Attempt to limit trucking and shut off engines of machinery and equipment when not in use.
• Use well-maintained machinery and equipment to minimize noise.
• Optimize maneuvers to minimize operation time.
• Inform the Municipality of Cap-aux-Meules of planned activities and the work schedule.

Health and Safety Management

• Maintain an adequate communication system between work supervisors and users and plan worksite organization and mobilization in collaboration with port users to ensure smooth operations and minimize disruption.
• Implement a safety program specifying signage and traffic restrictions in the various work areas.
• Continuously monitor the cleanliness of the two access roads and clean them with a mechanical sweeper when necessary.
• Continuously monitor vehicle movements associated with the worksite to avoid encroachment on adjacent uses.
• Restrict vehicle circulation and parking to authorized roads and work areas.
• Prepare an intervention and signage plan to ensure the safety of port users.
• Inform Cap-aux-Meules marina users of the nature and schedule of port work.

Navigation

• Comply with the conditions prescribed in the approval issued under the Canadian Navigable Waters Act (CNWA).
• Coordinate dredging operations with port users and issue notices to inform them of the work period, work location, and frequency of trips between the dredging area and the access point near the wharf or the marine disposal site.
• Issue navigation notices to inform port and waterway users of the period and location of the work.

Dredging, Disposal, and Management of Suspended Materials

• The contractor must ensure compliance with current standards regarding total suspended solids (TSS) concentrations during sediment disposal activities by implementing specific measures. The selected method must be appropriate for site conditions.
• If a sediment dispersion plume is observed, or if TSS concentrations exceed established criteria, work must stop immediately. Corrective measures must be proposed to the ministry representative and implemented before work resumes.
• Adjust dredging and disposal speeds (e.g., grab bucket movements) to minimize sediment resuspension.
• Do not overload barges in the case of mechanical dredging or hoppers in the case of self-propelled dredges (overflow), to minimize losses and thus the resuspension of dredged sediments.
• When filling the barge, lower the excavator bucket as close to the bottom as possible before releasing sediments.
• Use a watertight barge in the case of mechanical dredging, or reduce overflow (by reducing hopper loading) when using a self-propelled dredge to minimize sediment loss during transport.
• When placing rock into seabed scours in the harbor, place rocks directly on the seabed, or as close as possible, rather than dropping them from the surface to limit additional encroachment and sediment resuspension.
• Disposal at sea of dredged sediments or residues from the exclusion zone is prohibited. These materials must be managed on land according to contamination levels and in compliance with applicable regulations.

Protection of Marine Mammals and Species at Risk

• If an aquatic species at risk (e.g., leatherback turtle, blue whale, North Atlantic right whale) or any marine mammal is observed within 200 m of the aquatic work zone, stop work and wait until the animal has moved more than 200 m away.
• If an aquatic species at risk or a marine mammal is within the 200 m radius of the work zone, methods to scare away animals must not be used.
• Start work generating underwater noise (e.g., rock excavation, etc.) very gradually to allow cetaceans that may be present to leave the area.
• Due to reduced visibility at night, which prevents effective monitoring of marine mammals or other species at risk (e.g., great white shark, leatherback turtle), dredging equipment, including transport vessels, must not exceed 5 knots between May and October inclusive.

Protection of Fish Habitat

• Immediately notify the ministry representative of any changes to project implementation conditions (schedule, plan, etc.) or unforeseen impacts on fish habitat. The ministry representative will contact Fisheries and Oceans Canada.
• No dredging work may be carried out in the harbor and channel between April 1 and May 31 to protect the spring spawning and egg incubation period of Atlantic herring.
• No dredging or disposal work may be carried out between July 16 and August 10 to protect the peak larval concentration period for American lobster and rock crab.
• Dispose of dredged sediments in such a way as to spread them over the entire targeted area in multiple distinct deposits, avoiding excessive sediment accumulation and promoting the survival of organisms capable of migrating to the surface of newly deposited sediments.
• Respect the area designated for sediment disposal at the marine disposal site. A precise DGPS positioning system will ensure compliance with these limits.
• Respect the limits of the disposal site (or the usual dredging template in the case of side casting) when disposing of sediments.

Protection of Avian Wildlife

• The contractor must take the necessary measures to comply with laws and regulations related to migratory birds, including but not limited to the Species at Risk Act, the Migratory Birds Convention Act, 1994, and the Migratory Birds Regulations. Measures to minimize impacts on birds include:
  • Limit encroachment into natural habitats as much as possible.
  • Pay particular attention to avoid disturbing or destroying any migratory bird nests.
  • Avoid approaching or disturbing any birds or bird nests observed during the work.
• Before starting work, check for nesting waterbirds on the structures where work will occur. If nests are found, immediately notify the ministry representative before starting work.
• If a nest containing eggs or chicks of migratory birds is discovered near or within the work zone, stop all noisy activities near the nesting site, protect the nest with a buffer zone, and immediately notify the ministry representative, who will contact the Canadian Wildlife Service (CWS) of ECCC to ensure proper measures are taken.
• On water and land, keep a sufficient distance to avoid disturbing nesting birds. Signs of disturbance include upright posture while incubating, increased vocalization, and adults leaving their nest.
• When moving near bird colonies, avoid loud or sharp noises, honking, or whistling, and keep engine noise constant.

Management of Invasive Species Spread

• Provide proof of origin for equipment that will come into contact with the aquatic environment and demonstrate that it is free of aquatic invasive species (AIS).
• If the equipment is already in the water, provide written proof to the ministry representative that it has remained in the St. Lawrence estuary or Gulf for the past 12 months or more and that it is free of AIS before mobilizing it to the work site.
• If the inspection report confirms the presence of invasive species, the contractor must either replace the equipment or carry out, at its own expense, a full cleaning of the equipment. A description of the cleaning work performed must be included in the new inspection report (post-cleaning) along with all relevant information mentioned previously.