Notice of Determination

Surrey, B.C. - November 21, 2025– The Vancouver Fraser Port Authority, Environment and Climate Change Canada, Transport Canada, and Fisheries and Oceans Canada have determined that the proposed Lower Berth Access Improvement at 11060 Elevator Road, Surrey, 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
• Technically and economically feasible mitigation measures

Mitigation measures and/or permit conditions taken into account for this determination include:

• The project includes the removal of a timber wall, which consists of approximately 1400 creosote-treated piles from the Fraser River. During pile removal, all construction debris and waste materials, including creosote-treated piles, will be collected in sealed barges and disposed of at an appropriately licensed upland facility
• All material intended for disposal at sea will be disposed of under a valid Disposal at Sea Permit pursuant to the provisions of Part 7, Division 3 of the Canadian Environmental Protection Act, 1999
• In-water works will be scheduled within the Fisheries and Oceans Canada's least risk fisheries timing window, while also avoiding the Fraser River February Eulachon spawning migration  
• The works will not deposit a deleterious substance in water inhabited by fish, or affect fish or fish habitat in a manner contrary to the Fisheries Act
• All works will be carried out in accordance with a construction environmental management plan, which requires a qualified environmental professional to be on-site during works to monitor proposed project mitigations, water quality, marine mammals, and other environmental aspects of the project
• A spill prevention, containment and clean-up plan will be developed for the project, be available in the immediate working area, and project personnel will be trained on spill prevention, containment, and clean-up
• Marine barges will be prevented from grounding or disturbing the riverbed or foreshore, and equipment will be environmentally clean and free of invasive species and noxious weeds
• A chance find procedure will be developed for the project, be available in the immediate working area, and project personnel will be trained on response procedures in the event that archaeological resources are encountered

The Vancouver Fraser Port Authority, Environment and Climate Change Canada, Transport Canada, and Fisheries and Oceans Canada are satisfied that the carrying out of the project is not likely to cause significant adverse environmental effects. Therefore, the Vancouver Fraser Port Authority, Environment and Climate Change Canada, Transport Canada, and Fisheries and Oceans Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.