Port of Quebec International Container Terminal Project

President's response

QSL International Ltd. is proposing the development of an international container terminal at the Port of Québec, in the Beauport sector of Québec City. The project involves redeveloping land already operated by the proponent. This space would be used to store containers, with a maximum capacity of 200,000 twenty-foot equivalent units (TEUs) per year. The project would use the existing wharves, would not encroach on the river and would not include any work in the water.

Physical activities

These physical activities are not prescribed by regulations made under subsection 109(b) of the Impact Assessment Act (IAA).

Delegation of powers to the Impact Assessment Agency of Canada

Under subsection 154(1) of the IAA as amended, the Minister of the Environment (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to the Impact Assessment Agency of Canada (IAAC) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. The Minister has delegated the powers under subsections 9(1), 9(2) and 9(4) of the IAA to the President of IAAC.

Decision

I, Terence Hubbard, President of IAAC, have decided not to designate the project pursuant to section 9 of the IAA.

Information considered

In forming my response, I took into account the analysis included in the report prepared by IAAC.

Reasons

In making my decision to not designate the project, I considered whether the carrying out of the project may cause adverse effects within federal jurisdiction or direct or incidental effects and concluded that the project may cause these potential adverse effects. I then considered public concerns related to these effects; adverse impacts on the rights of Indigenous Peoples of Canada, and whether a means other than an impact assessment exists that would permit a jurisdiction to address the adverse effects within federal jurisdiction and the direct or incidental adverse effects.

I decided not to designate the project for the following reasons:

• The project must be carried out in compliance with applicable federal legislative mechanisms.
• The requirements under the following legislative mechanisms, and related consultations with potentially impacted Indigenous Peoples and public engagement, provide a framework to address concerns raised by Indigenous Peoples and members of the public in relation to adverse federal effects that may be caused by the carrying out of the project, and for addressing the potential adverse impacts the project may have on the rights of Indigenous Peoples recognized and affirmed by section 35 of the Constitution Act, 1982.
• There are means other than an impact assessment, such as the following federal mechanisms that would permit a jurisdiction to address the adverse effects within federal jurisdiction and the direct or incidental adverse effects that may be caused by the carrying out of the project. These legislative mechanisms include in particular:
  • The determination of environmental effects pursuant to Section 82 of the Impact Assessment Act, which is a statutory obligation of the Québec Port Authority if it exercises any power or performs any duty or function conferred on it under federal law or if an authority provides financial assistance to enable the project to be carried out.
  • Federal legislation, including the Fisheries Act, the Migratory Birds Convention Act, 1994, the Migratory Birds Regulations, 2022, and the Species at Risk Act.