Tilbury Phase 2 LNG Expansion Project

Decision Statement
Issued under Section 65 of the Impact Assessment Act

Document reference number: 65

FortisBC Holdings Inc.
c/o Roger Dall'Antonia, President and Chief Executive Officer
16705 Fraser Highway Surrey, British Columbia
V4N 0E8

for the
Tilbury Phase 2 LNG Expansion Project

FortisBC Holdings Inc. (the Proponent) is proposing the construction, operation and decommissioning of a liquefied natural gas (LNG) production facility, associated storage tank, and supporting infrastructure on Tilbury Island in Delta, British Columbia. The Tilbury Phase 2 LNG Expansion Project (the Designated Project) has a liquefaction capacity of approximately 7,700 tonnes per day of LNG production and a liquefied natural gas storage expansion with a working volume of approximately 142,400 cubic meters and is expected to operate for at least 40 years. The Designated Project is described in further detail in Schedule 1 of this Decision Statement.

Conduct of the Impact Assessment

The Impact Assessment Agency of Canada (the Agency) determined that an impact assessment of the Designated Project was required under the Impact Assessment Act on February 27, 2020. On January 20, 2022, the Minister of the Environment, under the authority of section 31 of the Impact Assessment Act approved the substitution of the conduct of the impact assessment process to British Columbia.

The British Columbia Environmental Assessment Office conducted an impact assessment of the Designated Project and submitted a report with respect to the impact assessment of the Designated Project (the Assessment Report) to me in my capacity as Minister of the Environment on August 24, 2026.

Determination in Relation to the Adverse Effects within Federal Jurisdiction and Direct or Incidental Adverse Effects of the Designated Project

In accordance with paragraph 60(1)(a) of the Impact Assessment Act, after taking into account the Assessment Report and the implementation of mitigation measures that I consider appropriate, I have determined that the carrying out of the Designated Project, in whole or in part, is likely to cause adverse effects within federal jurisdiction that are to some extent, significant.

The carrying out of the Designated Project, in whole or in part, is not likely to result in direct or incidental adverse effects as defined under section 2 of the Impact Assessment Act that have not already been considered within the evaluation of effects within federal jurisdiction.

In accordance with paragraph 60(1)(b) of the Impact Assessment Act, I have determined that these effects are, in light of the extent to which I determined them to be significant and the factors referred to in section 63, justified in the public interest. The reasons for my determination are included in Schedule 2 of this Decision Statement.

In accordance with subsection 64(1) of the Impact Assessment Act, I have established the conditions set out in Schedule 3 of this Decision Statement in relation to the adverse effects within federal jurisdiction of the Designated Project, with which the Proponent must comply.

Substantially Begin

The Proponent is required to substantially begin to carry out the Designated Project within 10 years after the day of issuance of the Decision Statement, or within any extension of that period established in accordance with subsection 70(2) of the Impact Assessment Act. If the Proponent does not substantially begin to carry out the Designated Project by the end of that period, the Decision Statement will expire.

Issuance

This Decision Statement is issued in Ottawa, Ontario by:

<Original signed by>
______________________________
The Honourable Julie Dabrusin
Minister of the Environment

September 21, 2026
______________________________
Date

Schedule 1 – Description of the Designated Project

Schedule 2 – Reasons for Determination

Schedule 3 – Conditions established under Section 64 of the Impact Assessment Act

Description of the Designated Project

The Designated Project is the construction, operation and decommissioning of a liquefied natural gas (LNG) production facility, associated storage tank, and supporting infrastructure on Tilbury Island in Delta, British Columbia. The Designated Project has a liquefaction capacity of approximately 7,700 tonnes per day of LNG production and a liquefied natural gas storage expansion with a working volume of approximately 142,400 cubic meters and is expected to operate for at least 40 years. The Designated Project Area covers about 8 hectares and consists of two defined areas (Figure 1): the LNG Production Area and the Supporting Infrastructure Area.

The Designated Project includes the following physical activities and components.

Physical Activities

Construction

Construction would require the following physical activities:

site preparation;
construction and commissioning, including start-up and associated venting or flaring of the liquefaction system, LNG storage tank, and associated systems;
installation and connection of utilities, including connection to natural gas and municipal services;
installation and operation of water management and erosion and sediment control systems;
establishment and use of temporary worker facilities, equipment and material storage and laydown areas, including temporary off-site locations for laydown, where applicable; and
land-based delivery and on-site movement of construction modules, materials, and equipment.

Operation

Operation would require the following physical activities:

operation, inspection, and maintenance of project components and supporting infrastructure, including project buildings, access roads, and security;
receipt, transfer, and handling of natural gas and related substances;
water management, and erosion and sediment control; and
operation and testing of safety and emergency systems, and fire detection and suppression systems.

Decommissioning

Decommissioning would require the following physical activities:

removal, or repurposing of project components and infrastructure;
site activities required to transition the Designated Project Area to future use; and
permanent cessation of liquefaction, and storage.

Components

LNG Production Area

The LNG Production Area shown in Figure 1, includes the following components:

LNG storage tank;
liquefaction trains and associated natural gas processing systems;
totally enclosed ground flare systems;
vapour management and safety systems; and
process and maintenance infrastructure and containment structures.

Supporting Infrastructure Area

The Supporting Infrastructure Area shown in Figure 1, includes the following components:

water management, erosion, and sediment control systems;
electrical, safety, and emergency power systems, including site-wide systems that are integrated with existing infrastructure;
project buildings, including control room, administrative building, workshops, first aid rooms, and security office;
waste management infrastructure;
access roads, security fencing, and lighting; and
temporary infrastructure to support construction, including worker facilities, equipment and material storage and laydown areas.

Reasons for Determination

As Minister of the Environment, I made two determinations in respect of the impact assessment of the Designated Project. After taking into consideration the Assessment Report and the three factors referred to in section 63 of the Impact Assessment Act, I determined:

pursuant to paragraph 60(1)(a) of the Impact Assessment Act, that certain adverse effects within federal jurisdiction likely to be caused by the Designated Project are likely to be significant to some extent, as outlined in Section 1; and
pursuant to paragraph 60(1)(b) of the Impact Assessment Act, these effects are justified in the public interest, as outlined in Section 2.

The reasons for my determinations refer only to adverse effects within federal jurisdiction attributable to the Designated Project, as federal authorities' permits or authorizations that may allow the Designated Project to proceed are not expected to result in any direct or incidental adverse effects that have not already been considered within the evaluation of adverse effects within federal jurisdiction.

Below are the reasons for my determinations.

1. Adverse Effects Within Federal Jurisdiction

I considered the collaborative approach between the federal government and the province of British Columbia as part of the substituted assessment process, including the outcomes of consultation with Indigenous groups and meaningful engagement with the public on draft materials for decision including the draft Assessment Report and the draft potential federal conditions.

The substituted assessment process incorporated reliance on provincial mechanisms, such as conditions, permits, and authorizations, to address certain adverse effects within federal jurisdiction. The intent of this is to reduce duplicative conditions and streamline regulatory requirements for federal and provincial governments, the Proponent, and the parties that would be consulted. Section 64(4)(a) of the Impact Assessment Act requires that I establish any conditions that I consider appropriate in relation to the adverse effects within federal jurisdiction that are indicated in the Assessment Report, other than those the implementation of which I am satisfied will be ensured by another jurisdiction. In cases where no provincial mechanism exists to implement the mitigation measures, I have established legally binding federal conditions, with which the Proponent must comply, in Schedule 3 of this Decision Statement.

After taking into account the Assessment Report and the implementation of mitigation measures ensured by British Columbia, and those that are set out as conditions in Schedule 3 of this Decision Statement, I have determined the following:

Fish and fish habitat: The effects are not significant. The Designated Project could result in adverse effects on fish and fish habitat caused by reduced fish habitat quality; increased risk to fish health, injury and mortality; and changes to fish distribution and abundance. The Designated Project is expected to have stormwater quality interactions in Tilbury Slough, localized artificial lighting along the shoreline, minimal air deposition pathways, and localized upland construction noise. Taking into account the implementation of mitigation measures ensured by British Columbia, including those to control erosion, sedimentation and runoff, as well as to collect and treat, as necessary, any water discharges and contact water generated from site preparation activities in accordance with the requirements of the Fisheries Act, I considered the adverse effects on fish and fish habitat to be not significant.
Migratory birds: The effects are not significant. The Designated Project could result in adverse effects on migratory birds caused by loss or alteration of habitat; changes in movement; and changes in health and mortality risk caused by wildlife interactions with infrastructure, sensory disturbance and wildlife-vehicle collisions. The Designated Project does not overlap with critical habitat for migratory birds, and the sustainability of regional migratory birds' populations is not expected to be adversely affected. Taking into account the implementation of mitigation measures set out in Schedule 3 of this Decision Statement and those ensured by British Columbia, including pre-construction surveys, setbacks from nesting areas, and controlled lighting, I considered the adverse effects on migratory birds to be not significant.
Federal lands: The effects are not significant. While the Designated Project would not be carried out on federal lands, effects from all Designated Project phases would affect federal Crown lands and reserve lands subject to the Indian Act located near the Designated Project. The effects include increased noise levels and concentrations of ambient air pollutants. With the implementation of mitigation measures relevant to noise and air quality, ensured by British Columbia, I considered these adverse effects on federal lands to be not significant.
Effects on Indigenous peoples resulting from changes to the environment, including effects on:
- Physical and cultural heritage of Indigenous peoples: The direct effects are not significant. The effects are significant to a low extent when considered cumulatively with the effects of other projects and activities in the region. Adverse effects include the loss of desired access to sites of tangible cultural heritage, the loss of ability to engage in and maintain cultural and harvesting practices due to effects from sensory disturbances, among other effects. I considered these effects to be not significant after the implementation of mitigation measures ensured by British Columbia, such as development of a community feedback process that details how a person may provide feedback, how the feedback will be handled, and how the Proponent may implement modified or additional mitigation measure(s) in response to the feedback received.
- Current use of lands and resources for traditional purposes by Indigenous peoples: The effects are significant to a low extent. The Designated Project could result in adverse effects to the availability and quality of lands and resources, and reduced opportunities for engaging in current use activities caused by construction and operational activities such as sensory disturbances and discharges from the Designated Project (for example, air contaminants, dust, noise, light and vibration). It is important to consider the potential effects on access to traditional land use areas and the availability of culturally significant resources, and other cultural practices, in which changes could influence the availability or quality of country foods and culturally significant fish, wildlife and plant species. Taking into account the implementation of mitigation measures ensured by British Columbia such as those related to minimizing impacts to air quality through fugitive dust emissions, vented and flared gas, and air emissions attributable to the Designated Project as well as a community feedback process to raise concerns about harvesting or access, I considered these effects to be significant to a low extent.
- Any structure, site or thing that is of historical, archaeological, paleontological or architectural significance to Indigenous peoples: The effects are not significant. Taking into account the lack of identified archaeological, paleontological, or architectural resources in the footprint of the existing Designated Project, and the implementation of mitigation measures ensured by British Columbia, such as the development and implementation of a chance find protocol, I considered these effects to be not significant.
Effects on the health, social or economic conditions of Indigenous peoples: The effects are significant to a low extent. The Designated Project could have acute or chronic adverse effects on the health of Indigenous peoples, including respiratory and cardiovascular health effects, and other health conditions. Indigenous peoples may also experience declines in mental health and overall well-being due to changes to cultural practices and current use activities, including in areas that are currently highly disturbed but continue to hold cultural value. The Designated Project is expected to provide positive economic effects through employment and training opportunities, increased earnings, and associated economic gains; however, these benefits may be experienced differently across Indigenous communities and among different groups and individuals within a community. I acknowledge that women, Indigenous Elders, older adults, children, and other subgroups may experience the adverse health, social, and cultural effects differently or disproportionately. With the implementation of mitigation measures ensured by British Columbia, such as those that promote safe, respectful, and inclusive conduct in the workplace and surrounding community, I considered the adverse effects on health, social, and economic conditions of Indigenous peoples to be significant to a low extent.

Due to the location, the Designated Project is not expected to cause pollution to the marine environment outside Canada or to boundary, international, or interprovincial waters or to aquatic species as defined in subsection 2(1) of the Species at Risk Act.

I am satisfied that potential effects on species at risk set out in Schedule 1 of the Species at Risk Act, and their critical habitat can be addressed, to the extent practical, through the mitigation measures, as well as through federal and provincial legislative frameworks and requirements, and thereby fulfill my obligations under section 79 of the Species at Risk Act.

In addition to the above likely adverse effects within federal jurisdiction, I understand that unlikely malfunction and accident scenarios associated with the Designated Project could occur and result in potential adverse effects within federal jurisdiction. I note that the likelihood of certain malfunction and accident scenarios may also be influenced by changing environmental conditions over the lifespan of the Designated Project, with climate change expected to increase the frequency and intensity of extreme weather events. Measures to prevent malfunction and accident scenarios were identified in the Assessment Report as ensured by British Columbia and have been included as a condition that I established in Schedule 3 of this Decision Statement.

I have determined, with the implementation of mitigation measures, the extent of significance of adverse effects within federal jurisdiction is predicted to range from not significant to significant to a low extent as set out above. Significant adverse effects within federal jurisdiction remain likely after the consideration of mitigation measures; therefore, as part of my determinations, I considered the factors in section 63 of the Impact Assessment Act in determining whether these effects are justified in the public interest.

2. Factors Considered in Determining whether Effects are Justified in the Public Interest

Because certain likely adverse effects within federal jurisdiction are likely to be significant to some extent after the implementation of mitigation measures, I considered the Assessment Report and the three factors listed under section 63 of the Impact Assessment Act to determine whether those likely effects are justified in the public interest.

2.1 Impacts that the effects that are likely to be caused by the Designated Project may have on any Indigenous groups and any adverse impact that those effects may have on the rights of Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982

For this Designated Project, the Crown, through the Agency and relying on British Columbia in the conduct of the substituted assessment, carried out collaborative consultation with 41 Indigenous groups potentially impacted by the Designated Project: Chawathil First Nation, Cheam First Nation, Katzie First Nation, Kwantlen First Nation, kʷikʷəƛ̓əm (Kwikwetlem) First Nation, Leq'á:mel First Nation, Malahat Nation, Métis Nation British Columbia, xʷməθkʷəyə̓m (Musqueam Indian Band), Pauquachin First Nation, Popkum Indian Band, Quw'utsun Nation [Cowichan Tribes, Halalt First Nation, Lyackson First Nation, Penelakut Tribe and Stz'uminus First Nation], Semiahmoo First Nation, S'ólh Téméxw Stewardship Alliance [Aitchelitz First Nation, Kwaw-kwaw-Apilt First Nation, Seabird Island Band, Semá:th (Sumas) First Nation, Shxw'ōw'hámél First Nation, Shxwhá:y Village, Skowkale First Nation, Skwah First Nation, Soowahlie First Nation, Sq'ewá:lxw (Skawahlook) First Nation, Sq'éwlets (Scowlitz) First Nation, Squiala First Nation, Tzeachten First Nation, Yakweakwioose First Nation, and Yale First Nation], Snuneymuxw First Nation, Sḵwx̱wú7mesh Úxwumixw (Squamish Nation), Tsartlip First Nation, SȾÁUTW̱ (Tsawout) First Nation, Tseycum First Nation, Tsleil-Waututh Nation, Ts'uubaa-asatx, and Tsawwassen First Nation, a modern Treaty partner.

In considering this factor, I took into account Indigenous knowledge provided in the Assessment Report, including assessments under British Columbia's Environmental Assessment Act led by xʷməθkʷəyə̓m (Musqueam Indian Band), Quw'utsun Nation, SȾÁUTW̱ (Tsawout) First Nation, Tsleil-Waututh Nation, and Tsawwassen First Nation, which informed the assessment of effects to valued components and impacts on the rights of Indigenous peoples. Tsawwassen First Nation conducted its assessment to evaluate the Designated Project's potential impacts on its Treaty rights as stated in the Tsawwassen First Nation Final Agreement.

I recognize that the Designated Project would benefit some Indigenous groups and have adverse impacts on the same, or other Indigenous groups. Adverse impacts that the Designated Project would have on the rights of Indigenous peoples include impacts on current use of lands and resources, such as reductions in the quantity and quality of available resources, access to traditional lands, and ability to continue traditional practices. Indigenous cultural heritage may also be affected, including both physical cultural assets and the transmission of cultural knowledge and traditions. Additionally, the Designated Project may influence the health, social, and economic conditions of Indigenous peoples, with potential effects on physical and mental health. These impacts can be addressed, in part, through the provincial mechanisms.

I acknowledge that some Indigenous groups are of the view that the proposed mitigation measures ensured by British Columbia may not fully address all anticipated effects or accommodate all potential impacts on Indigenous rights. I recognize that reasonable disagreement remains regarding the extent to which adverse effects can be avoided or minimized through permitting processes and future plans. However, I am satisfied that the impact assessment has identified the key pathways through which impacts may occur, that the mitigation measures ensured by British Columbia and the conditions established in Schedule 3, are responsive to the concerns raised during the assessment, and provide a reasonable basis to avoid, reduce or manage adverse impacts to the greatest extent practicable.

I understand that Indigenous groups have raised concerns regarding potential effects of the Designated Project, including cumulative effects occurring beyond the scope of the Designated Project. One of the ongoing concerns relates to increased industrialization on Tilbury Island, in Tilbury Slough, and in the lower Fraser River, with potential adverse effects to Indigenous rights and interests. The Assessment Report describes provincial commitments to meaningfully addressing and managing cumulative effects with federal and regional/local governments, as well as Indigenous groups in the lower Fraser River, and I note the Government of Canada's commitment to continued collaboration with Indigenous peoples and provincial partners.

I understand that the assessment supported the legislative requirement to apply Gender-based Analysis Plus throughout the impact assessment process, including consideration of whether direct and cumulative effects may be experienced differently by diverse groups. This includes considering potential disproportionate effects on Indigenous peoples, including Indigenous women, girls and gender-diverse people.

I understand that at the conclusion of the assessment, taking into consideration the potential conditions, Indigenous groups provided letters of consent or lack of consent to the issuance of a provincial Environmental Assessment Certificate for the Designated Project to the provincial Ministers. I acknowledge that Chawathil First Nation, kʷikʷəƛ̓əm (Kwikwetlem) First Nation, xʷməθkʷəyə̓m (Musqueam Indian Band), Snuneymuxw First Nation, and Ts'uubaa-asatx have provided notice of non-opposition to the issuance of a provincial Environmental Assessment Certificate. I acknowledge that Quw'utsun Nation, SȾÁUTW̱ (Tsawout) First Nation, and Kwantlen First Nation have provided a notice of lack of consent to the issuance of a provincial Environmental Assessment Certificate. I also acknowledge that S'ólh Téméxw Stewardship Alliance is unable to render a decision on consent or lack of consent to British Columbia, Cheam First Nation have not provided a notice, and Tsleil-Waututh Nation shared its views directly with me on the assessment process and the Designated Project. I also acknowledge that while Tsawwassen First Nation initially provided a notice of non-consent, it subsequently withdrew the notice and advised that it does not oppose issuance of the provincial Environmental Assessment Certificate.

As outlined above, and as documented in the Assessment Report, including Section 6, Appendix 5, and Appendix 15, and demonstrated through the consultation record for the Designated Project, I am of the view that federal consultation obligations have been met in a manner consistent with the principle of the Honour of the Crown. Indigenous groups potentially impacted by the Designated Project were consulted in order to fully understand their concerns and the nature and severity of potential impacts on Aboriginal and treaty rights. In addition, non-resident Indigenous peoples were engaged with the intention of fully understanding the Designated Project's potential impacts on them and addressing their concerns. While I recognize that some adverse effects on Indigenous peoples and their rights would remain after implementation of mitigation measures, I am satisfied that the implementation of federal and provincial conditions will appropriately avoid or minimize potential impacts of the Designated Project on Aboriginal and treaty rights.

2.2 Extent to which the likely effects of the Designated Project contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change

I determined that the likely effects of the Designated Project would not contribute to the Government of Canada's ability to meet its environmental obligations. In making this determination, I considered the adverse effects of the Designated Project on species at risk. Some of the effects, particularly effects on species at risk and species of importance for Indigenous peoples, may not be fully mitigated. As such, I determined that the Designated Project would not contribute to Canada's ability to meet its environmental obligations under the Convention on Biological Diversity; the Species at Risk Act and associated recovery strategies and action plans for listed species; and the Convention for the Protection of Migratory Birds in the United States and Canada as implemented through the Migratory Birds Convention Act, 1994. As such, this factor did not weigh into my determination as to whether the Designated Project's likely significant adverse effects within federal jurisdiction are justified in the public interest.

For commitments in respect of climate change, I considered the Strategic Assessment of Climate Change carried out for the Designated Project and advice provided by Environment and Climate Change Canada. The Assessment Report sets out that the Designated Project would align with Canada's ability to meet its shorter-term commitments in respect of climate change, including those within Canada's 2030 Emissions Reduction Plan. The Designated Project would align with Canada's longer-term commitments, including those outlined in the Canadian Net Zero Emissions Accountability Act, with the implementation of the Proponent's plan to achieve net-zero by 2050. However, the Designated Project is not expected to directly reduce or remove greenhouse gas emissions from the atmosphere; therefore, this factor did not weigh in to my determination of whether the Designated Project's adverse effects within federal jurisdiction are justified in the public interest.

2.3 Extent to which the likely effects of the Designated Project contribute to sustainability

The Assessment Report provides a holistic understanding of the adverse effects within federal jurisdiction and positive effects likely to be caused by the Designated Project, the interactions between these effects, and their long-term consequences. I took into account how the Designated Project may affect the ability of communities today, and in the future, to provide for their health, social, economic and cultural well-being, and the extent to which ecosystem integrity would be maintained if the Designated Project were to proceed. In particular, I considered issues of importance to Indigenous groups and the positive effects for current and future generations through socio-economic benefits, such as increased employment, income stability, procurement opportunities, and benefit sharing (where existing) that can contribute to stronger and more resilient Indigenous communities. These benefits may also support long-term skills development, reduce financial stress, and promote intergenerational economic independence, although I acknowledge that the extent of these positive effects may vary among community members, with some individuals and groups experiencing greater advantages than others.

I determined that the Designated Project's likely effects would have net positive contributions to sustainability to a low extent for present and future generations, taking into account measures to increase positive effects and to mitigate adverse effects within federal jurisdiction. I recognize that the contribution to sustainability is limited by the residual adverse effects of the Designated Project and the fact that some benefits may not be experienced equally among communities or individuals. Implementation of mitigation measures ensured by British Columbia and those that are set out as conditions in Schedule 3 of this Decision Statement will enable adverse effects to be adaptively managed. As such, these factors did weigh into my determination on whether the Designated Project's likely significant adverse effects within federal jurisdiction are justified in the public interest.

3. Conclusion

I am satisfied that the Assessment Report has considered and set out the likely effects of the Designated Project and the adverse effects within federal jurisdiction, including those effects on Indigenous groups, the likely effects that contribute to the Government of Canada's ability to meet its environmental obligations and its commitments in respect of climate change, as well as the likely effects that contribute to sustainability. I considered the recommended mitigation measures proposed in the Assessment Report to eliminate, reduce, control or offset the adverse effects within federal jurisdiction to be appropriate.

I have determined that, with the implementation of mitigation measures:

adverse direct effects on physical and cultural heritage would be not significant, while the adverse effects would be significant to a low extent when considered cumulatively with the effects of other projects and activities;
adverse effects on the current use of lands and resources for traditional purposes by Indigenous peoples would be significant to a low extent; and
adverse effects on the health, social or economic conditions of Indigenous peoples would be significant to a low extent.

I have then determined that these potential adverse effects within federal jurisdiction that are, to some extent, significant are justified in the public interest given:

the extent of significance of the adverse effects within federal jurisdiction range from not significant to significant to a low extent;
the likely effects of the Designated Project would adversely impact Indigenous groups and Indigenous rights, but would also have positive effects and would result in increased employment, income stability, procurement opportunities, and benefit sharing; and
the likely effects of the Designated Project would contribute to sustainability to a low extent through supporting economic opportunities for current and future generations.

I recognize that some adverse effects would remain despite mitigation measures ensured by British Columbia and those that are set out as conditions in Schedule 3 of this Decision Statement, and that some Indigenous groups continue to express concerns regarding the Designated Project. However, after considering the assessment record as a whole, I am satisfied that the significant adverse effects within federal jurisdiction are justified in the public interest.

Conditions Established under Section 64 of the Impact Assessment Act

1 Definitions

1.1 Adverse federal effects means "adverse effects within federal jurisdiction" and "direct or incidental adverse effects" as defined in section 2 of the Impact Assessment Act.

1.2 Agency means the Impact Assessment Agency of Canada.

1.3 Construction means the phase of the Designated Project during which the Proponent undertakes the site preparation, building, installation, modification, or removal of any components of the Designated Project, including commissioning and start-up of the liquefaction trains and liquefied natural gas (LNG) storage tank.

1.4 Days means calendar days.

1.5 Decommissioning means the phase of the Designated Project during which the Proponent permanently ceases liquefaction, storage, and loading of LNG and decommissions or removes from service any components of the Designated Project not intended for future use, and continues until the Proponent completes any required reclamation of the Designated Project area based on its future use.

1.6 Designated Project means the Tilbury Phase 2 LNG Expansion Project described in Schedule 1 of this Decision Statement.

1.7 Designated Project area means the Designated Project area described in Figure 1 of Schedule 1 of this Decision Statement.

1.8 Impact assessment means "impact assessment" as defined in section 2 of the Impact Assessment Act.

1.9 Indigenous groups means the following Indigenous peoples: Chawathil First Nation, Cheam First Nation, Katzie First Nation, Kwantlen First Nation, Kwikwetlem (kʷikʷəƛ̓əm) First Nation, Leq'á:mel First Nation, Malahat Nation, Métis Nation British Columbia, xʷməθkʷəyə̓m (Musqueam Indian Band), Pauquachin First Nation, Popkum Indian Band, Quw'utsun Nation [Cowichan Tribes, Halalt First Nation, Lyackson First Nation, Penelakut Tribe and Stz'uminus First Nation], Semiahmoo First Nation, S'ólh Téméxw Stewardship Alliance [Aitchelitz First Nation, Kwaw-kwaw-Apilt First Nation, Seabird Island Band, Semá:th (Sumas) First Nation, Shxw'ōw'hámél First Nation, Shxwhá:y Village, Skowkale First Nation, Skwah First Nation, Soowahlie First Nation, Sq'ewá:lxw (Skawahlook) First Nation, Sq'éwlets (Scowlitz) First Nation, Squiala First Nation, Tzeachten First Nation, Yakweakwioose First Nation, and Yale First Nation], Snuneymuxw First Nation, Sḵwx̱wú7mesh Úxwumixw (Squamish Nation), Tsartlip First Nation, SȾÁUTW̱ (Tsawout) First Nation, Tsawwassen First Nation, Tseycum First Nation, Tsleil-Waututh Nation, and Ts'uubaa-asatx.

1.10 Indigenous peoples means "Indigenous peoples of Canada" as defined in section 2 of the Impact Assessment Act.

1.11 Migratory bird means "migratory bird" as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994.

1.12 Mitigation measures means "mitigation measures" as defined in section 2 of the Impact Assessment Act.

1.13 Operation means the phase of the Designated Project that begins when liquefaction and storage of LNG takes place, including periods during which such activities may temporarily cease, and that continues until decommissioning begins.

1.14 Proponent means FortisBC Holdings Inc. and its successors or assigns.

1.15 Qualified individual means someone who, through education, experience and knowledge relevant to a particular matter, provides the Proponent with advice within their area of expertise. Knowledge relevant to a particular matter may include community and Indigenous knowledge.

1.16 Record means "record" as defined in section 2 of the Impact Assessment Act.

1.17 Relevant authority means federal, provincial and/or municipal authorities that are in possession of specialist or expert information or knowledge, or that have a responsibility for the administration of a law or regulation, with respect to the subject matter of a condition set out in this Decision Statement.

1.18 Reporting year means January 1 to December 31 of the same calendar year.

1.19 Substantially begin means initiating the following components and activities required to carry out the Designated Project:

1.19.1 construction of the LNG storage tank; or
1.19.2 construction of the liquefaction train(s).

Conditions

These conditions are established for the sole purpose of the Decision Statement issued under the Impact Assessment Act. They do not relieve the Proponent from any obligation to comply with other legislative or other legal requirements of the federal, provincial, or local governments. Nothing in this Decision Statement shall be construed as affecting what may be required of the Proponent to comply with all applicable legislative or legal requirements. In this Decision Statement, a reference to a statute will include every amendment to it, every regulation made under it, every amendment made to a regulation made under it and any law enacted in substitution for, or in replacement of, it.

2 General Conditions

2.1 The Proponent shall ensure that its actions in meeting the conditions set out in this Decision Statement during all phases of the Designated Project are considered in a careful and precautionary manner, are informed by the best information and knowledge available at the time the Proponent takes action, including the most recent version of policies, guidelines and directives and community and Indigenous knowledge, are based on methods and models that are recognized by standard-setting bodies, are undertaken by qualified individuals, and have applied the best available economically or technically feasible technologies, or both.

Annual Reporting

2.2 The Proponent shall prepare an annual report for each reporting year that sets out the activities undertaken by the Proponent to comply with each of the conditions set out in this Decision Statement.

2.3 The Proponent shall submit the annual report referred to in condition 2.2 to the Agency, including a plain language executive summary in both official languages, no later than 3 months following the reporting year to which the annual report applies.

2.4 The first reporting year for which the Proponent shall prepare an annual report pursuant to condition 2.3 shall start on the day the Minister of the Environment issues the Decision Statement pursuant to subsection 65(1) of the Impact Assessment Act.

Information Sharing

2.5 The Proponent shall publish on the Internet, or any medium which is publicly available, the annual reports and the executive summaries referred to in conditions 2.2 and 2.3, the schedules referred to in conditions 2.10 and 2.11, the reports related to accidents and malfunctions referred to in condition 4.1, and any update or revision to the above documents. The Proponent shall keep these documents publicly available for 25 years following the end of operation, or until the end of decommissioning, whichever comes first. The Proponent shall notify the Agency and Indigenous groups of the availability of these documents within 3 business days of their publication.

Change of Proponent

2.6 The Proponent shall notify the Agency and Indigenous groups in writing no later than 30 days after the day on which there is any transfer of ownership, care, control or management of the Designated Project in whole or in part.

2.7 The Proponent shall notify the Agency in writing of any change to the contact information of the Proponent within 30 days of the change in contact information.

Change to the Designated Project

2.8 If the Proponent is proposing to carry out the Designated Project in a manner other than described in Schedule 1 of this Decision Statement, the Proponent shall notify the Agency in writing in advance of carrying out the proposed activities. As part of the notification, the Proponent shall provide:

2.8.1 a description of the proposed change(s) to the Designated Project and the adverse federal effects that may result from the proposed change(s);
2.8.2 any modified or additional measure to mitigate any adverse federal effect that may result from the proposed change(s) and any modified or additional follow-up requirement;
2.8.3 an explanation of how, taking into account any modified or additional mitigation measure referred to in condition 2.8.2, the adverse federal effects that may result from the proposed change(s) may differ from the federal effects of the Designated Project identified during the impact assessment; and
2.8.4 the results of consultation with Indigenous groups on the proposed changes, if the proposed changes may adversely affect those Indigenous groups, including any views on the adverse federal effects referred to in condition 2.8.1 and on the modified or additional mitigation measures and follow-up requirements referred to in condition 2.8.2.

2.9 The Proponent shall provide to the Agency any additional information required by the Agency about the proposed change(s) referred to in condition 2.8, which may include the results of consultation with relevant authorities on the proposed change(s) and adverse federal effects referred to in condition 2.8.1 and the modified or additional mitigation measures and follow-up requirements referred to in condition 2.8.2.

Schedules

2.10 The Proponent shall submit to Indigenous groups, the Agency and any other relevant authorities, no later than 60 days prior to the start of construction, a schedule outlining all activities planned to fulfill each condition set out in this Decision Statement. The schedule shall indicate the commencement and estimated completion month(s) and year(s), and duration for each of these activities.

2.11 The Proponent shall submit to Indigenous groups, the Agency and any other relevant authorities, no later than 60 days prior to the start of construction, a schedule outlining all activities required to carry out all phases of the Designated Project. The schedule shall indicate the commencement and estimated completion month(s), year(s) and duration of each of these activities.

2.12 The Proponent shall submit to Indigenous groups, the Agency and any other relevant authorities, in writing an annual update to the schedules referred to in conditions 2.10 and 2.11 no later than 3 months following each reporting year, until completion of all activities referred to in each schedule.

Record Keeping

2.13 The Proponent shall maintain all records relevant to the implementation of the conditions set out in this Decision Statement, in physical or electronic form, and shall retain them and make them available to the Agency throughout construction and operation and for 25 years following the end of operation or until the end of decommissioning, whichever comes first. Records retained electronically shall be stored on servers or electronic storage media that are physically located in Canada and remain under the control of the Proponent. The Proponent shall provide the aforementioned records to the Agency upon request within the timeframe specified by the Agency.

2.14 The Proponent shall provide the Agency with the address of the Canadian location(s) where the records retained in accordance with condition 2.13 are stored and accessible. The Proponent shall notify the Agency at least 30 days prior to any change to those location(s) and shall provide the address of the new location to the Agency.

3 Migratory Birds

3.1 The Proponent shall carry out the Designated Project in a manner that protects migratory birds and avoids capturing, killing, taking, injuring or harassing migratory birds, destroying, taking or disturbing their eggs, or damaging, destroying, removing or disturbing nests protected under the Migratory Birds Convention Act, 1994 and its regulations or the Species at Risk Act, while taking into account Environment and Climate Change Canada's Guidelines to avoid harm to migratory birds.

4 Accidents and Malfunctions

4.1 In the event of an accident or malfunction that causes or has the potential to cause adverse federal effects, including fires, emergency flaring, and the release of LNG and other substances, the Proponent shall submit a written report to the Agency no later than 60 days after the day on which the accident or malfunction occurred. The written report shall include:

4.1.1 a detailed description of the accident or malfunction and of its adverse federal effects, including effects on Indigenous groups;
4.1.2 a description of the measures that were taken by the Proponent to mitigate the adverse federal effects caused by the accident or malfunction;
4.1.3 any view from Indigenous groups and advice from relevant authorities received with respect to the accident or malfunction, its adverse federal effects, and the measures taken by the Proponent to mitigate those adverse federal effects;
4.1.4 a description of any residual adverse federal effects and any modified or additional measure required by the Proponent to mitigate or monitor residual adverse federal effects; and
4.1.5 a description of any changes made to avoid a subsequent occurrence of the accident or malfunction.

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Date modified:: 2019-03-01

Decision Statement Issued under Section 65 of the Impact Assessment Act