Notice of Determination: 

October 10, 2025 - The Federal Authorities have issued their Notice of Determination after evaluation of the project, Wharf Reconstruction and New Breakwater at Sainte-Marie-sur-Mer DFO-SCH and have determined that the project is not likely to cause significant adverse environmental effects and can therefore proceed.

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

• Impacts on rights of Indigenous peoples;
• Community and Indigenous knowledge;
• Comments received from the public; and
• Technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination include:

• The project will comply with all applicable municipal, provincial, and federal acts and regulations.
• Vessels should be compliant with all Canada Shipping Act, 2001 requirements for inspection, which includes certification of the vessel and adequate training and appropriate certificate of competency for the operators.
• Ensure that vessels will have procedures in place to ensure safeguards against marine pollution: awareness training of all employees, means of retention of waste oil on board and discharge to shore based reception facilities, capacity of responding to and clean-up of accidental spill caused by vessels involved in the project.
• Contractor to coordinate with the local Harbour Authority prior to commencement of the work such that the schedule with the least possible conflicts will be implemented.
• Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
• Ensure that machinery arrives on site in a clean condition and is maintained free of fluid leaks, invasive species and noxious weeds.
• Operate machinery in the dry in a manner that minimizes disturbance to the shoreline and beach area (i.e., minimize tracking of equipment by using the same pathway as much as possible).
• Machinery will be stationed on land most of the time and if travelling on the beach it will do so at low tide.
• Monitor and assess weather forecast on a daily basis to determine the risk of extreme weather. Avoid work during periods for which Environment and Climate Change Canada had issued rainfall, storm surge or other weather warning for the work area.
• All conditions set out by DFO-FFHPP in the Fisheries Act Authorization will be adhered to. Any harmful alteration, disruption, or destruction of fish habitat will be offset as per the details of the Fisheries Act authorization.
• A Sediment Control Plan will be developed and implemented to minimize sedimentation in the waterbody.
• Regularly inspect and maintain the erosion and sediment control measures and structures during all phases of the project.
• Ensure that all in-water activities, or associated in-water structures, do not interfere with fish passage.
• All rock/stone material (including re-used ballast from the deconstructed wharf) used in the construction of the breakwater should be clean and free from significant fines, organics, debris, staining and potential contaminants.
• Do not dispose of hazardous wastes (e.g., paints, batteries, cleaners, acids, etc.) including volatile materials (e.g., solvents, mineral spirits, aerosol cans, etc.) and petroleum products on the ground, near or into watercourses, storm or sanitary sewers or in waste landfill sites.  Dispose of hazardous wastes in accordance with applicable federal and provincial, regulations, codes, standards and guidelines.
• Wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering the water.
• Secure contents against free board spillage when excavating, loading and hauling material, including dredged material.  Do not overload trucks when hauling material and avoid potential release of contents, and of any foreign matter onto highways, roads and access routes used for the work.  Immediately clean any ground spills and soils to extent as directed by authority having jurisdiction.
• Dispose and recycle construction and demolition-related debris and waste materials in accordance with provincial waste management regulations.
• Mitigation measures will be implemented to ensure no contamination from creosote-contaminated material when temporarily stored on site and source-separated. In particular, creosote-contaminated material will be stored down-gradient from local water wells. Its storage will be temporary (less than a month) and material will be contained with a sufficiently durable tarp liner and covered by tarp to prevent leaching. Creosote-contaminated material will be disposed off at a facility licensed to accept this type of material.
• Store and handle hazardous materials in accordance with applicable federal and provincial regulations, codes, standards and guidelines.  Store in location that will prevent spillage into the environment.
• An Emergency Response Plan will be developed and implemented immediately in the event of a sediment or spill release of a deleterious substance.
• Maintain on site appropriate emergency spill response equipment consisting of at least one 250-litre overpack spill kit for containment and clean-up of spills. In the event of a petroleum spill and release into the environment, stop work and immediately notify the Departmental Representative and the Canadian Coast Guard 24-Hour Environment Emergencies Report System (1-800-565-1633). Contain spill and perform clean-up in accordance with all regulations and procedures stipulated by authority having jurisdiction.
• If an oiled seabird is encountered, it will be handled according to Environment and Climate Change Canada (ECCC) – Canada Wildlife Service (CWS)'s guidelines.
• Minimize disturbance to all birds on site and adjacent areas during the entire course of the work.
• Large (>2 m high) stockpiles of sand and soil may be used by Bank Swallows to dig burrows for nesting. To prevent this either cover the stockpiles or maintain slopes of the pile such that they are less than 70°.
• A 50 m buffer will be maintained from bank swallow critical habitat, and 100 m buffer from active colonies, where possible. If the 100-m buffer cannot be maintained and construction is conducted between April 15 and August 31, a survey will be completed by a qualified biologist within 48 hours of the commencement of project activities to identify the presence of bank swallows and/or their critical habitat. For situations where project activities have begun and have not been completed prior to the breeding season (April 15 and August 31), then the initial survey will be completed the first week of the breeding bird season. Additional mitigation measures may be developed based on the results of the survey.    
• A qualified biologist must conduct a Piping Plover survey at the beginning of the breeding season to confirm no Piping Plovers are nesting within 300 m from the project. If Piping Plovers are nesting within 300 m, conduct monitoring to confirm no disturbance by activities.
• Should nests or chicks of migratory birds or raptors be encountered during work, immediately stop work in that area and notify Departmental Representative for directives to be followed.
  • Do not disturb nest site and neighbouring vegetation until nesting is completed.
  • Minimize work immediately adjacent to such areas until nesting is completed.
  • Protect these areas by following recommendations of Canadian Wildlife Service (CWS).
• Do not approach concentrations of seabirds, waterfowl and shorebirds when anchoring equipment, accessing wharves or ferrying supplies.
• Do not use beaches, dunes, coastal wetlands and other natural previously undisturbed areas of the site to conduct work unless specifically approved by the Departmental Representative.
• During nighttime work, position flood lights in opposite direction of nearby bird nesting habitat.
• A safety zone for cetaceans and/or species listed under Schedule 1 of the Species at Risk Act (e.g. North Atlantic Right Whale, White Sharks or Leatherback Turtles) must be established at the work site. The safety zone shall consist of a circle with a radius of at least 500 meters as measured from the center of the work site. 
• Work equipment and machinery must be equipped with adequate muffling capacity to reduce noise on site to lowest possible level. Maintain mufflers in good operating condition at all times. Sounds such as whistle blasts and horns will be limited or replaced, to the extent possible, with radio communications.
• Dust suppression by the application of water must be employed, when required. Apply dust control measures to roads, parking lots and work areas.  The Departmental Representative shall determine locations where water is to be applied, the amount of water to be applied, and the times at which it shall be applied.  Waste oil or any other petroleum products must not to be used for dust control under any circumstances.
• Any intact sediments excavated during the project to be examined by a permitted monitoring archaeologist to identify potential heritage resources. Monitoring is only recommended for undisturbed postglacial Holocene sediments which coincide with the period of human occupation of the area – not for glacial till, bedrock, or previously disturbed sediments.
• All construction personnel will be responsible for reporting any unusual materials unearthing during construction activities to Construction Supervisor. If the find is believed to be an archaeological resource, the Construction Supervisor will immediately stop work in the vicinity of the find and notify his/her immediate supervisor and the Project Manager.
• Work in the area will be stopped immediately and the New Brunswick Department of Tourism, Culture and Heritage – Provincial Archaeological Services will be contacted at 506-453-3115.
• Work can only resume in the vicinity of the find when authorized by the Departmental Representative, after approval has been granted by the New Brunswick Department of Tourism, Culture and Heritage.