GCT Deltaport Expansion - Berth Four Project

Attachment From Tsawout First Nation to the Impact Assessment Agency of Canada re: Comments on GCT Canada Limited Partnership's request for a time limit extension

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Tsawout First Nation
• Reference number: 291
• Submitted: 2023-07-18
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached comments
• Attachment included
• Please see the attachment to view the content.

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Attachment From the Quw'utsun Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Quw'utsun Nation
• Reference number: 286
• Submitted: 2023-04-17
• Updated: 2023-05-01 - 2:53 PM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached documents.
• Attachment included
• GCT Deltaport Expansion – Berth Four Project Review Panel Terms of Reference DRAFT VERSION FOR CONSULTATION February 28, 2023 Highlight Throughout the document and the entire process, the inherent right of Indigenous nations to be self-governing decision-makers within our respective territories needs to be included (re: UNDRIP). The Crown is presented as the unilateral decision-maker with regards to the Review Panel, meaning that the Crown directs the Review as they appoint the members and determine the review process. This does not reflect the recognition that Indigenous Nations are self-determining, as per UNDRIP legislations within Canada and BC. The process needs to be co-designed, at every step, with participating Indigenous nations, with the full recognition of our authority and jurisdiction within our territories. REVIEW PANEL TERMS OF REFERENCE – GCT DELTAPORT EXPANSION - BERTH FOUR PROJECT Page 2 of 17 TABLE OF CONTENTS 1. Introduction .................................................................................................................. 3 2. Description of the Project .............................................................................................. 4 3. Mandate of the Review Panel........................................................................................ 5 Duties of the Review Panel ..................................................................................................... 5 Principles of Engagement and Participation ........................................................................... 6 Scope of the Assessment by the Review Panel ...................................................................... 7 Impacts on ...
• Attachment included
• 1 CANADA-BRITISH COLUMBIA COOPERATION AGREEMENT ON THE COORDINATION OF THE ENVIRONMENTAL AND IMPACT ASSESSMENT PROCESSES FOR THE GCT DELTAPORT EXPANSION - BERTH FOUR PROJECT Between The Government of Canada, represented by the Minister of Environment and Climate Change, Hereafter referred to as “Canada”, And The Government of British Columbia, represented by the Minister of Environment and Climate Change Strategy, Hereafter referred to as “British Columbia”, Hereafter referred to individually as a “Party” and collectively as the “Parties” WHEREAS the Minister of Environment and Climate Change (the “federal Minister”) has statutory responsibilities pursuant to the Impact Assessment Act; WHEREAS the Minister of Environment and Climate Change Strategy (the “provincial Minister”) has statutory responsibilities pursuant to the Environmental Assessment Act; WHEREAS in 2019, the Parties signed the Impact Assessment Cooperation Agreement Between Canada and British Columbia in which they acknowledged their commitment to facilitate and implement the principle of “one project, one assessment” and agreed to work cooperatively on assessments while retaining the power to make their own decisions regarding projects; WHEREAS the Impact Assessment Act provides, in section 21(b), that the federal Minister, is required to offer to consult and cooperate with British Columbia with respect to the impact assessment of the Project; WHEREAS the federal Minister may, pursuant to paragraphs 114(1)(c) and (f) of the Impact Assessment Act, enter into agreements with a jurisdiction; WHEREAS paragraph 41(1)(a) of the Environmental Assessment Act allows the provincial Minister to enter ...

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Attachment From the S'ólh Téméxw Stewardship Alliance to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of S'ólh Téméxw Stewardship Alliance
• Reference number: 287
• Submitted: 2023-04-28
• Updated: 2023-05-01 - 2:54 PM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached comments
• Attachment included
• 1 CANADA-BRITISH COLUMBIA COOPERATION AGREEMENT ON THE COORDINATION OF THE ENVIRONMENTAL AND IMPACT ASSESSMENT PROCESSES FOR THE GCT DELTAPORT EXPANSION - BERTH FOUR PROJECT Between The Government of Canada, represented by the Minister of Environment and Climate Change, Hereafter referred to as “Canada”, And The Government of British Columbia, represented by the Minister of Environment and Climate Change Strategy, Hereafter referred to as “British Columbia”, Hereafter referred to individually as a “Party” and collectively as the “Parties” WHEREAS the Minister of Environment and Climate Change (the “federal Minister”) has statutory responsibilities pursuant to the Impact Assessment Act; WHEREAS the Minister of Environment and Climate Change Strategy (the “provincial Minister”) has statutory responsibilities pursuant to the Environmental Assessment Act; WHEREAS in 2019, the Parties signed the Impact Assessment Cooperation Agreement Between Canada and British Columbia in which they acknowledged their commitment to facilitate and implement the principle of “one project, one assessment” and agreed to work cooperatively on assessments while retaining the power to make their own decisions regarding projects; WHEREAS the Impact Assessment Act provides, in section 21(b), that the federal Minister, is required to offer to consult and cooperate with British Columbia with respect to the impact assessment of the Project; WHEREAS the federal Minister may, pursuant to paragraphs 114(1)(c) and (f) of the Impact Assessment Act, enter into agreements with a jurisdiction; WHEREAS paragraph 41(1)(a) of the Environmental Assessment Act allows the provincial Minister to enter ...

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Attachment From Tsleil-Waututh Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Tsleil-Waututh Nation
• Reference number: 285
• Submitted: 2023-04-20
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see attached documents.
• Attachment included
• April 20, 2023 Tsleil-Waututh comments on the Terms of Reference for the Review Panel - DP4 ToR Section Comments from TWN Response from IAAC-EAO 1. Introduction- Time Framework It is noted that the timelines for the process (600 days) include:  450 days for the Review Panel to submit its impact assessment report to the Minister  150 days for the agency to post its recommendations under subsection 55.1(1) to assist the Minister in establishing proposed conditions with respect to the Decision Statement for the Project.  Then 90 days for the Governor in Council to make the public interest determination under the IAA. TWN requires a minimum of 45 days to review all documents, with best efforts to avoid overlap of multiple documents, followed by time for dialogue and solution-seeking. Meaningful consultation and potential consensus-seeking cannot realistically be obtained unless TWN’s concerns are adequately addressed and Indigenous Knowledge is appropriately characterized and validated. Please acknowledge TWN’s 45 days (minimum) review period and update the Terms of Reference (ToR) accordingly. 2. Description of the project The geographic extent of rail transportation and marine shipping are identified as ‘forming part of the description of the Project’. However, it is unclear how these activities will be considered in the Assessment process. TWN requests clarification on whether the incidental effects of project activities will be considered as the context to characterize whether adverse effects are significant, or will these be assessed as any other VC for analyzing and determining residual and cumulative effects? 3. Mandate of the Review Panel ...
• Attachment included
• April 20, 2023 Tsleil-Waututh comments on the Canada -BC Cooperation Agreement on the Coordination of DP4-EA process Section-page # Comments from TWN Response from IAAC-EAO Consensus Seeking Pg.2 As written in the agreement, only the EAO undertakes a consensus seeking approach.  Is there an equivalent for the Agency?  how will the Agency and the EAO combine the different approaches to consensus and consent? Technical Advisory Committee (TAC) Pg.4 If a Technical Advisory Committee (TAC) is established, TWN requests a document that explains the objectives, scope of work, activities, as well as roles and responsibilities of those involved in the TAC. TWN requests to be consulted in a potential Terms of Reference (ToR) for the TAC, similar to the document developed to provide guidance and direction to the Review Panel. Section 6. Engagement and Consultation pg.6  While the Cooperation Agreement establishes the terms and conditions for cooperation between the Agency and the EAO, it is still unclear who will bear the primary responsibility for leading Crown consultations in all cases.  It is stated that nothing in this Agreement supersedes the Crown’s duty to consult, or the CEAO’s or provincial Ministers’ obligations related to Consensus-seeking under the B.C. Act. What will be the mechanisms to resolve any issues if consent/consensus is not reached? While issues such as mitigation measures and potential accommodation may fall under the responsibility of the proponent, some issues may not be resolved and it is the Government of Canada duty to consult and accommodate Indigenous interests, where appropriate. Section 7. Coordination of ...

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Attachment From Malahat Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Malahat Nation
• Reference number: 284
• Submitted: 2023-04-18
• Updated: 2023-04-19 - 10:12 AM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please review attachment.
• Attachment included
• April 18, 2023 Angeles Albornoz Consultation Operations Directorate Impact Assessment Agency of Canada / Government of Canada RE: Malahat Nation Comments on GCT Deltaport Expansion Berth Four Project – Review Panel Terms of Reference Malahat Nation has reviewed the draft Review Panel Terms of Reference for the Deltaport Expansion Berth Four Project. Malahat’s comments are presented in the attached table. Overall, among other worries, Malahat is deeply concerned with the restrictive timelines set out for the Review Panel and the language that is too broad and/or weak to be actionable. Further, Malahat is concerned that the terms of reference do not adequately distinguish between Indigenous engagement and public engagement and do not have sufficient requirements for upholding and adhering to the United Nations Declaration on the Rights of Indigenous People. Sincerely, Malahat Nation Program Lead – Major Projects Table 1. Malahat Nation comments on the draft GCT Deltaport Expansion Berth Four Project – Review Panel Terms of Reference Section Content Comment 1 “…these Terms of Reference reflect the issues documented in the Joint Summary of Issues and Engagement…” There is a plain text hyperlink to the summary of Issues and engagement, which I only discovered accidentally. All hyperlinks should be clearly identifiable (e.g., blue and underlined) so readers know to click them. 1 “In accordance with section 49 of the IAA, these Terms of Reference reflect the issues documented in the Joint Summary of Issues and Engagement, as raised by the public, Indigenous nations1, and federal authorities, as well other issues raised during the ...

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Attachment From Tsawwassen First Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Tsawwassen First Nation
• Reference number: 282
• Submitted: 2023-04-14 - 5:22 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• Page 1 of 2 #747113v2 April 14, 2024 VIA EMAIL (deltaport@iaac-aeic.gc.ca) GCT Deltaport Expansion – Berth Four Project Impact Assessment Agency of Canada 160 Elgin Street, 22nd Floor Ottawa, Ontario K1A 0H3 Re: Tsawwassen First Nation Comments on Review Panel Terms of Reference and Canada-British Columbia Cooperation Agreement Thank you for providing the draft Review Panel Terms of Reference (“Panel TOR”) and Canada-British Columbia Cooperation Agreement (“Cooperation Agreement”) for comments, as well for providing an extension for the receipt of our comments. Panel TOR Tsawwassen proposes that clause 3.10 be amended to include a new paragraph (e) for Canada’s Collaborative Modern Treaty Implementation Policy as another framework and guidance document. Although this policy is not produced by the Agency, it applies to the whole of government. Tsawwassen First Nation (“Tsawwassen”) supports the appointment of the Review Panel during the Impact Statement Development and Review Phase, particularly to allow for the taking place of activities contemplated under paragraph 4.4(a). Tsawwassen seeks to work with the Panel Secretariat on developing Tsawwassen cultural training and orientation activities. Tsawwassen supports a public hearing on Tsawwassen Lands, as contemplated in clause 4.16. Given that we are providing early notification of this, we expect that reasonable efforts should allow for a hearing on Tsawwassen Lands to take place. This will facilitate the participation of Tsawwassen leadership, staff and Members. Tsawwassen has concerns with the current formulation of clause 4.29. As currently stated, clause 4.29 only contemplates an Indigenous Nation having the ...

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Attachment From Peter van der Velden to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Peter van der Velden
• Reference number: 281
• Submitted: 2023-04-13 - 7:17 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• March 28, 2023 GCT Deltaport Expansion – Berth Four Project #81010 Impact Assessment Agency of Canada, 160 Elgin Street, 22nd Floor O awa, ON K1A 0H3 Email: deltaport@iaac-aeic.gc.ca Re: The broad, general statements of the Review Panel Terms of Reference and the Canada – BC Coopera on Agreement for the Berth 4 Deltaport Expansion do not appropriately provide for a meaningful environmental assessment We in Delta are opposed to the growing number of shipping-related Projects and ac vi es at Roberts Bank, in the Fraser River Estuary, Delta, B.C. Currently, the federal Cabinet is deciding whether or not to approve the Roberts Bank Terminal 2 Project which involves dredging and filling 460 acres of the estuary for a man-made island for containers. The result of the environmental assessment recommenda ons for the T2 project may see it go ahead with as many as 72 environmental concerns that will be ‘mi gated’. Mi ga on has proven not to work in the past and should not be accepted in the present environmental climate. Now the Impact Assessment Agency of Canada is seeking public input on yet another proposal in the estuary – a fourth container terminal for the exis ng 3-berth Deltaport Container Terminal at Roberts Bank. It seriously ques ons objec vity when public with evidence-based submissions to environmental assessments are being systema cally omi ed or dismissed. Submissions made to the previous public comment period of the environmental assessment of the Deltaport Berth 4 have not been incorporated into the Dra Review Panel Terms of Reference or the Dra Canada-Bri sh Columbia Coopera on Agreement. The ecological significance of the site of the proposed Berth 4 puts it need of ...

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Attachment From Beecher Bay First Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Beecher Bay First Nation
• Reference number: 278
• Submitted: 2023-04-04 - 7:10 PM
• Updated: 2023-04-11 - 10:59 AM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached documents
• Attachment included
• BEECHER BAY FIRST NATION March 30, 2023 Via Email: deltaport@iaac-aeic.gc.ca Assessment of the GCT Deltaport Expansion - Berth Four Project c/o Impact Assessment Agency of Canada / Government of Canada (the "Agency") 160 Elgin Street 22nd Floor Ottawa, Ontario K1 A 0H3 Dear Agency Representatives: Re: Deltaport Berth 4 Project (the "Project") Review Panel Terms of Reference Federal-Provincial Coordination Agreement Thank you for the opportunity to comment on the proposed Review Panel Terms of Reference and Federal-Provincial Coordination Agreement for the Project (the "Process Documents"). Below are our comments on the Process Documents: • Timelines — The Process Documents contemplate a time limit of 600 days for the impact assessment phase and 90 days for the decision-making phase. They also contemplate a maximum of 21 days for participating Indigenous groups to review and comment on a draft of the Review Panel's report. Sc'ianew (Beecher Bay) First Nation ("Sc'ianew") is concerned with these timelines. o The Crown's duties to Sc'ianew require that we be provided an opportunity to review and respond to elements of the impact assessment relevant to our rights and interests, and that the Crown seek our consent at key points in the impact assessment. o While 600 days seems long on its face, when the impact assessment phase is broken into its various components, including a review panel hearing, a review panel report and co-development of conditions, 600 days may not be sufficient. Past experience from projects such as the Trans Mountain Expansion Project, the Roberts Bank Terminal 2 Project and the Tilbury Marine Jetty Project has shown that longer than 600 days is likely needed for ...
• Attachment included
• 1 From: Michelle Modeste Sent: Tuesday, April 4, 2023 7:10 PM To: Deltaport (IAAC/AEIC) Subject: Re: Reminder: Public comment period for the assessment of the GCT Deltaport Expansion – Berth Four Project / Rappel: Période de commentaires pour l’évaluation du Projet d'agrandissement de Deltaport - quatrième poste d'amarrage Attachments: BBFN LT IAAC re. DP4 2023-03-30.pdf Please find attached the comment letter re: GCT Deltaport Expansion - Berth 4 Project signed by Chief Chipps. I apologize for sending this late, I hope you will still accept our comment letter as our office was closed Friday and Monday. Thank you, Michelle Michelle Modeste Executive Assistant Ocean Resources Beecher Bay (Scianew) First Nation From: Deltaport (IAAC/AEIC) <deltaport@iaac-aeic.gc.ca> Sent: Monday, March 27, 2023 1:05 PM To: Deltaport (IAAC/AEIC) <deltaport@iaac-aeic.gc.ca> Subject: Reminder: Public comment period for the assessment of the GCT Deltaport Expansion – Berth Four Project / Rappel: Période de commentaires pour l’évaluation du Projet d'agrandissement de Deltaport - quatrième poste d'amarrage Dear participants, The Impact Assessment Agency of Canada (the Agency) and the British Columbia Environmental Assessment Office (EAO) are conducting a cooperative assessment of the GCT Deltaport Expansion - Berth Four Project (the project). The project is currently in the Impact Statement Development and Review Phase. Comment Period This is a reminder that the deadline for the comment period on the draft Review Panel Terms of Reference and the draft Canada-British Columbia Cooperation Agreement is March 30, 2023 at 11:59 pm PST. Written comments in either official language can be ...

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Attachment From Hwlitsum First Nations to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Hwlitsum First Nations
• Reference number: 277
• Submitted: 2023-03-31 - 10:29 AM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• GCT Deltaport Expansion – Berth Four Project deltaport@iaac-aeic.gc.ca 1 | P a g e Comment Template for the Review Panel Terms of Reference and the Canada-British Columbia Cooperation Agreement for the GCT Deltaport Expansion – Berth Four Project This comment template has been prepared to guide your review of the following documents: • Draft Canada-British Columbia Cooperation Agreement on the Coordination of the Environmental and Impact Assessment Processes for the GCT Deltaport Expansion – Berth Four Project (Cooperation Agreement): describes how the Impact Assessment Agency of Canada (the Agency) and the British Columbia Environmental Assessment Office (EAO) will coordinate during the assessment of the Project. • Draft Review Panel Terms of Reference (Terms of Reference): identifies the mandate of the Review Panel and sets out the framework for the assessment led by the Review Panel. The Terms of Reference and the Cooperation Agreement are intended to be complementary and to provide clarity for participants on the process and on the roles and responsibilities of the Review Panel, the Agency, and the EAO for the remainder of the assessment of the proposed GCT Deltaport Expansion – Berth Four Project (the Project). Please feel free to record your comments using the comment template provided on page 3 of this document. Comments should be submitted via the Canadian Impact Assessment Registry for the Project (reference number 81010) using the “submit a comment” button, or via email to deltaport@iaac-aeic.gc.ca. Guiding Questions: The following questions have been prepared to help guide your review: Terms of Reference • Does the Terms of Reference clearly describe the ...

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Attachment From Garden City Conservation Society to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Garden City Conservation Society
• Reference number: 269
• Submitted: 2023-03-31 - 12:35 AM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• Garden City Conservation Society To: GCT Deltaport Expansion — Berth Four Project (DP4) #81010, Impact Assessment Agency of Canada From: Garden City Conservation Society (GCCS), Richmond, BC Sent: March 30, 2023 Re: GCCS support of BBCC comment—with a ray of hope for DP4 The Garden City Conservation Society (GCCS) supports the attached comment you earlier received from the Boundary Bay Conservation Committee (BBCC, March 28, 2023). The BBCC input is compatible with our DP4 analysis and our comments to the IAAC on the related Roberts Bank Terminal 2 project (RBT2). We especially advocate six of the many terms of reference that BBCC suggests. We have highlighted them on BBCC pages 2–3, which are the next pages in this PDF. They are relevant to both DP4 and RBT2. We remain skeptical whether Canada needs Deltaport expansion at all, but DP4’s concept of sequential stages would be a relatively suitable approach—if DP4 becomes environmentally adequate, providing net ecological benefit. Since GCT has shown goodwill, they could do that. It would, however, require Vancouver Fraser Port Authority (VFPA) or a replacement agency to co-operate. That is in contrast to the RBT2 proponent (VFPA) disparaging DP4 while again and again devising supposed mitigation that neither meets the standards ECCC scientists have made clear for twenty years nor satisfies the precautionary principle. On BBCC page 4, we have highlighted this: “The GCT Deltaport Berth 4 Expansion and the Roberts Bank Container Terminal 2 Project are two projects seeking approval in the Fraser River Estuary. This is an unacceptable process due to poor planning by the Vancouver Fraser Port Authority….” As BBCC mentions, VFPA is acting ...

Attachment From Ecojustice on behalf of David Suzuki Foundation, Georgia Strait Alliance, Raincoast Conservation Foundation, and Wilderness Committee to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Ecojustice
• Reference number: 257
• Submitted: 2023-03-31
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• 1 Dyna Tuytel & Rachel Gutman File No.: 2136 March 30, 2023 Sent via e-mail to Deltaport@iaac-aeic.gc.ca Impact Assessment Agency of Canada Suite 210A - 757 West Hastings Street Vancouver, BC V6C 3M2 To the Impact Assessment Agency: Re: Comments on the draft Terms of Reference and the draft Cooperation Agreement for GCT Deltaport Expansion - Berth Four Project We write on behalf of the David Suzuki Foundation, Georgia Strait Alliance, Raincoast Conservation Foundation, and Wilderness Committee to provide their comments on the draft Terms of Reference for the Review Panel for the GCT Deltaport Expansion - Berth Four Project (“DP4” or the “Project”) and related questions posed by the Agency for this public comment period. Below, we provide general comments on the purposes of the Impact Assessment Act (the “Act”) which the Terms of Reference and the public participation time limits must support (Part I), followed by answers to the Guiding Questions posed in the Agency’s comment template, concerning the Terms of Reference (Part II) and Time Limits (Part III). We have appended a table that separately sets out our detailed clause-by-clause comments on the draft Terms of Reference, as well as the comments on the specific time limits identified in the Guiding Questions. I General Comments The Terms of Reference need to facilitate a thorough assessment, consistent with the purposes of the Act as set out in s 6(1). These purposes include: (b) to protect the components of the environment, and the health, social and economic conditions that are within the legislative authority of Parliament from adverse effects caused by a designated project; (c) ...

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Attachment From Lummi Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Lummi Nation
• Reference number: 253
• Submitted: 2023-03-30 - 12:52 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached documents
• Attachment included
• 1 Our File: 2539 Via email: Jessie.Hannigan@gov.bc.ca February 22, 2023 Environmental Assessment Office 2nd Floor 836 Yates St PO Box 9426 Stn Prov Govt Victoria BC V8W 9V1 Attention: Jessie Hannigan, Project Assessment Director Dear Mr. Hannigan: Re: Consultation with Lummi Nation on the Proposed GCT Deltaport Expansion Berth Four Project (DP4) Thank you for providing a response to our August 30, 2022 letter, sent on behalf of Lummi Nation, and for offering to meet with Lummi to discuss Lummi’s engagement in the DP4 coordinated environmental assessment process. From our client’s perspective, there is only one way to ensure that Lummi’s engagement in the DP4 coordinated assessment process meets Lummi’s interests and concerns: to initiate formal consultation with Lummi as an Aboriginal People(s) of Canada, and to afford Lummi, at the very least, the same rights and opportunities as other Indigenous Nations being consulted on this project.1 1 See Impact Assessment Agency of Canada and BC Environmental Assessment Office, “Joint Indigenous Engagement and Partnership Plan: GCT Deltaport Expansion – Berth Four Project (DP4)”, dated 31 May 2022, p. 6, online: <projects.eao.gov.bc.ca/api/public/document/62964d24182aa80022fdcc67/download/FINAL%20DP4%20 Joint%20Indigenous%20Engagement%20and%20Partnership%20Plan_31May2022_for%20posting_EN. pdf>. 2 In the preliminary information already provided to the EAO, Lummi establishes a strong prima facie claim to Aboriginal rights that would be adversely impacted by DP4, if approved. These rights are not dependent on kinship ties, nor are they dependent on sheltering under another Indigenous Nation’s rights. Lummi ...
• Attachment included
• 1 Our File: 2539 March 30, 2023 Sent via email: deltaport@iaac-aeic.gc.ca Assessment of the GCT Deltaport Expansion - Berth Four Project c/o Impact Assessment Agency of Canada 22nd Floor -160 Elgin Street Ottawa, Ontario K1A 0H3 Attention: Canadian Impact Assessment Registry Re: Review Panel Terms of Reference and BC/Canada Cooperation Agreement We write on behalf of Lummi Nation with respect to the Impact Assessment Agency (the “Agency”) and the Environmental Assessment Office’s (EAO) invitation for comments on the draft Review Panel Terms of Reference (TOR) and draft Canada-British Columbia Cooperation Agreement for the assessment of the GCT Deltaport Expansion - Berth Four Project (the “Project”). In our letter to the EAO, dated February 22, 2023 (attached for reference), we outlined the importance of providing Lummi, at the very least, with the same rights and opportunities as other Indigenous nations being consulted on this project. However, based on the draft Terms of Reference and the Joint Indigenous Engagement and Partnership Plan (the JIEPP), the Review Panel will “consult” Indigenous nations listed in JIEPP section 4.1, but will only “engage” Lummi. This approach is inconsistent with the Supreme Court of Canada’s decisions in Haida and Desautel and must be amended — Lummi is an “Aboriginal people(s) of Canada” to whom the Crown owes a duty to consult prior to making decisions that might adversely affect Lummi’s Aboriginal and treaty rights, irrespective of whether these rights have been “proven” or “established”.1 1 Haida Nation v. British Columbia, 2004 SCC 73 [“Haida”]; R. v. Desautel, 2021 SCC 17 [Desautel]. 2 Lummi intervened before the Supreme Court ...

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Attachment From BC Great Blue Heron Sociey to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of BC Great Blue Heron Sociey
• Reference number: 260
• Submitted: 2023-03-30 - 6:10 PM
• Updated: 2023-03-31 - 2:31 PM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• 2 2 the Environmental and Impact Assessment Processes for the GCT Deltaport Expansion – Berth Four Project (Cooperation Agreement) and the Draft Review Panel Terms of Reference (Terms of Reference). Ladies and Gentlemen: There is something fundamentally wrong with the highest level federal and provincial environmental assessment process if it can allow the consideration of a project that if approved would have international conservation consequences, in the absence of a fundamental plan to protect the nation’s most important migratory bird habitat, the Fraser River estuary. This is a habitat we have pledged ourselves to protect, through our participation in many prestigious international conservation agreements, and we have gloried in that participation even as we seek to undermine those programs’ integrity through our massive drive to industrialize the Fraser estuary. Why is it that the government has the time and resources to husband yet another industrial proposal through the process, while it cannot seem to muster the resources to formally protect the estuary? It is absurd for this agency to insist this discussion must only be about the terms of reference, when without that fundamental protection, moving the process along undermines the purpose of the process, to protect the environment. As such, this entire process is farcical in any sense of an equitable and substantive review, made even more outrageous by the fact that the government is still considering approval for both RBT2 and Tilbury LNG expansion in the estuarine area. RBT2 would be an ecological catastrophe that would destroy over 460 acres of habitat and would be sited a few hundred yards away from Deltaport Berth 4. ...

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Attachment From International Longshore and Warehouse Union Canada to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of International Longshore and Warehouse Union Canada
• Reference number: 255
• Submitted: 2023-03-30 - 1:55 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• Page 1 of 4 INTERNATIONAL LONGSHORE & WAREHOUSE UNION CANADA 180 - 111 Victoria Drive, Vancouver, BC V5L 4C4. (604) 254-8141 Fax (604) 254-8183 E-Mail: officers@ilwu.ca ILWU Canada 180 – 111 Victoria Drive Vancouver, BC, V5L 4C4 GCT Deltaport Expansion – Berth Four Project Submission By International Longshore and Warehouse Union – Canada (ILWU Canada) – March 30, 2023 Attention: Assessment of the GCT Deltaport Expansion – Berth Four Project Submitted by Email: deltaport@iaac-aeic.gc.ca Impact Assessment Agency of Canada / Government of Canada 160 Elgin Street, 22 Floor Ottawa, Ontario, K1A 0H3 <contact information removed> Page 2 of 4 ~ INTRODUCTION Global Container Terminals (GCT) proposes the construction and operation of a new berth to extend its existing marine container terminal located at Roberts Bank in Delta, British Columbia, approximately 35 km south of Vancouver. The proposed berth, to be located next to the existing Delta Port and Westshore Terminals, would provide additional container capacity at Roberts Bank. The International Longshore and Warehouse Union Canada (ILWU Canada) through it’s Locals has provided labour to the marine ports of British Columbia for over 75 years. Members of ILWU Local 502 have worked at GCT Delta Port terminal since the terminal’s inception in 1997. Over the years, we have developed a good working partnership with the current terminal operator, that has delivered economic benefits to all concerned: the company, the workers, and, through the good middle class supporting jobs that resulted, the communities in which we live. Most marine sector enterprises ...

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Attachment Comment removed by Administrator due to administrative purposes

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of BC Great Blue Heron Sociey
• Reference number: 259
• Submitted: 2023-03-31
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions

Attachment From Fraser River Estuary Protection Society to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Fraser River Estuary Protection Society
• Reference number: 268
• Submitted: 2023-03-30 - 11:39 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• FFlraser 1 C GCT Deltaport Expansion – Berth Four Project #81010 Impact Assessment Agency of Canada, 160 Elgin Street, 22nd Floor Ottawa, ON K1A 0H3 Email: deltaport@iaac-aeic.gc.ca March 30, 2023 Reference to: Critique of the Review Panel Terms of Reference and the Canada - BC Cooperation Agreement for Berth 4 Deltaport (GCT B4). A. Introduction: It is very ironic that as we respond to the subject terms of reference to expand a container (sea can) port facility on Roberts Bank (GCT Deltaport Berth 4) we are at the same time commenting for the umptieth time on a CEAA recommended giant port expansion by Vancouver Fraser Port Authority to fill in much of what is a wetland area of very essential fish and wildlife habitat called Roberts Bank in the heart of the Fraser Estaury. Here we have two competing port proposals to do the same job in the same habitat area. The tale is even more tangled than that – GCT operates the existing ports for the Port Authority and GCT is very opposed to the RBT2 facility which is to be built with tax dollars whereas the GCT facility is private. IAAC is poorly equipped to sort out what is more a political mess than an issue to be arbitrated by science! The real sad story here is that IAAC process could approve two port expansions when maybe none should be recommended at this time. For a CEAA or IAAC review to end up approving a giant development in the middle of critical fish and wildlife habitat is not new to us. A flew years ago we just went through that process whereby a CEAA Panel recommended a port and LNG terminal in the middle of the near pristine Skeena River Estuary – the Petronas proposal, In the ...
• Attachment included
• 1 From: Otto Langer Sent: Thursday, March 30, 2023 11:39 PM To: Deltaport (IAAC/AEIC); justin.trudeau@parl.gc.ca; Carla Qualtrough Delta Office; Carla.Qualtrough.C1A@parl.gc.ca; Joyce Murray Cc: Elizabeth May; Aman.Singh.mla@leg.bc.ca; Hon. Hargit S. Sajjan; Kelly Greene; Henry.Yao.mla@leg.bc.ca; bonita.zarrillo@parl.gc.ca; Wilson.Miao@parl.gc.ca; Don Davies; Parm.Bains@parl.gc.ca; Fin Donnelly; Fraser Voices GG; Roger Emsley Subject: GCT Berth 4 Project #81010 Fraser /river Estaury TofR and CDN-BC Joint Agreement - Critique by FREP Attachments: GCT TofR for EIA and Fed-BC Joint agreement FREP comments Langer March 30, 2023.pdf; A Brief Overview History of the FREMP OEL Feb 7 2019 FINAL DRAFT.pdf IAAC Officer: Attached for your information is our critique of your two recently issued papers on this subject matter. I have also attached a 2019 paper on the past Fraser Estuary Management Program. Its significance to this exercise is covered in the text of our critique. You will note that there is tremendous public frustration in this and similar impact studies and processes that have taken place since about the Petronas LNG and RBT2 and the VAFFC Jet Fuel Projects have taken place.l The BC and IAAC are simply going to have to do a better job in that the Roberts Bank two competing port reviews that are out of sync have made a mess of any credible environmental review process. The public does deserve a more consistent and scientific meaningful process. Sincerely yours, Otto Langer Fisheries Biologist FREP acting chair. <personal information removed>
• Attachment included
• Overview and History of the Fraser River Estuary Management Program (FREMP) and the Burrard Inlet Environmental Action Plan (BIEAP). FREMP was devised in the 1980s after several years of Fraser River Estuary Study studies. FREMP was to overcome the disjointed and inadequate protection of the estuary. FREMP was a successful initiative but was terminated by the federal government in 2013 . A new FREMP type program is urgently required to protect the estuary and associated ecosystems and reduce the degree of industrial / environmental conflict now taking place in the Fraser Estuary. Otto. E. Langer February 7, 2019 After FREMP/ BIEAP – Where to Next? 1 Overview and History of the Fraser River Estuary Management Plan (FREMP) / Burrard Inlet Environmental Action Plan (BIEAP) and Recommendations for Action. Otto E. Langer - Fisheries and Aquatic Biologist February 7, 2019 1. Overview – the Need for FREMP. The Fraser River Estuary was threatened by a myriad of industrial projects and jurisdictions that caused maximum conflict and a continued loss of estuarine life (fish, wildlife, and habitat) and recreation opportunities. In the 1970s many citizens, public groups and fish and wildlife agency staff lobbied for a much higher level of protection for the living resources in the Fraser River Estuary. FREMP did not evolve because it was simply the right thing to do at the time. Senior bureaucrats and politicians had to be forced into finding a better way to arrest the downward spiral mess caused by inadequate will and legislation , mismanagement, terrible communications and cross purpose jurisdictions. Significant projects that ...

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Attachment From Mike Gildersleeve to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Mike Gildersleeve
• Reference number: 267
• Submitted: 2023-03-30 - 9:35 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• 1 From: Mike Gildersleeve Sent: Thursday, March 30, 2023 9:35 PM To: Deltaport (IAAC/AEIC) Subject: CIAR, Information Request (making comment re. Berth Four Project) Re. Berth Four Project #81010 Impact Assessment Agency of Canada To whom it may concern I am wanting to express my serious opposition to the port expansion of DeltaPort near Roberts Bank. We should not be expanding our industrial footprint at Delta Port in a time when gov’t has declared a climate crisis. And we must certainly not be bringing further significant industrial activity to a world renowned Fraser River and Fraser River Estuary. This project will significantly increase the threats to all marine species in the Robert Banks area, including of course our vulnerable and already declining salmon populations in the Fraser River. Roberts Bank is a Ramsar site and a wetland of of International significance and must have a higher level of protection expected for Fraser River Estuary, and protection for habitats for salmon, national and international. migrant birds and the endangered southern resident Orcas, and all the other at risk species in the Salish Sea. It is imperative that we make efforts to scale back our global economy and focus more on developing a more localized economy. I urge you to reject this Berth Four Project at Delta Port. Thank you for the opportunity to express my concerns and for your consideration. Respectfully, <personal information removed> <personal information removed>

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Attachment From Maa-nulth First Nations to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Maa-nulth First Nations
• Reference number: 266
• Submitted: 2023-03-30 - 9:02 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• Huu-ay-aht First Nations ׀ Ka:'yu:k't'h'/Che:k'tles7et'h' First Nations Toquaht Nation ׀ Uchucklesaht Tribe ׀ Yuułuʔiłʔatḥ Government THE FIRST NATIONS OF MAA-NULTH TREATY SOCIETY 5091 Tsuma-as Drive Port Alberni V9Y 8X9 Phone: (250) 724-1802 ♦ Fax: (250) 724-1852 Website: www.maanulth.ca March 30, 2023 Via Email: deltaport@iaac-aeic.gc.ca Assessment of the GCT Deltaport Expansion - Berth Four Project c/o Impact Assessment Agency of Canada / Government of Canada (the “Agency”) 160 Elgin Street 22nd Floor Ottawa, Ontario K1A 0H3 Dear Agency representatives: Re: Deltaport Berth 4 Project (the “Project”) Review Panel Terms of Reference Federal-Provincial Coordination Agreement Thank you for the opportunity to comment on the proposed Review Panel Terms of Reference and Federal-Provincial Coordination Agreement for the Project (the “Process Documents”). I write as President of the Maa-nulth Treaty Society, on behalf of the five Maa-nulth First Nations, namely: Huu-ay-aht First Nations, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, Toquaht Nation, Uchucklesaht Tribe and Yuułuʔiłʔath First Nation (“Maa-nulth”), in regard to those Documents. Below are our comments on the Process Documents:  Distinct Treaty Rights and Interests – The opening paragraph in Part 3 (Mandate) of the Review Panel Terms of Reference should be updated to recognize Canada’s commitment to meet its obligations under modern treaties, confirmed in the recent federal Collaborative Modern Treaty Implementation Policy, and to require the Review Panel to consider our distinct rights and interests as modern treaty nations.  Timelines – The ...

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Attachment From Pauquachin First Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Pauquachin First Nation
• Reference number: 265
• Submitted: 2023-03-30 - 8:48 PM
• Updated: 2023-04-06 - 3:12 PM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• Pauquachin First Nation March 30, 2023 Via Email: deltaport@iaac-aeic.gc.ca Assessment of the GCT Deltaport Expansion - Berth Four Project do Impact Assessment Agency of Canada / Government of Canada (the "Agency") 160 Elgin Street 22nd Floor Ottawa, Ontario K1A 0H3 Dear Agency representatives: Re: Deltaport Berth 4 Project (the "Project") Review Panel Terms of Reference Federal-Provincial Coordination Agreement Thank you for the opportunity to comment on the proposed Review Panel Terms of Reference and Federal-Provincial Coordination Agreement for the Project (the "Process Documents"). Below are our comments on the Process Documents: • Timelines — The Process Documents contemplate a time limit of 600 days for the impact assessment phase and 90 days for the decision-making phase. They also contemplate a maximum of 21 days for participating Indigenous groups to review and comment on a draft of the Review Panel's report. Pauquachin First Nation ("Pauquachin") is concerned with these timelines. o The Crown's duties to Pauquachin require that we be provided an opportunity to review and respond to elements of the impact assessment relevant to our rights and interests, and that the Crown seek our consent at key points in the impact assessment. o While 600 days seems long on its face, when the impact assessment phase is broken into its various components, including a review panel hearing, a review panel report and co-development of conditions, 600 days may not be sufficient. Past experience from projects such as the Trans Mountain Expansion Project, the Roberts Bank Terminal 2 Project and the Tilbury Marine Jetty Project has shown that longer than 600 days is likely needed for a fulsome ...

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Attachment From Makah Tribal Council to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Makah Tribal Council
• Reference number: 264
• Submitted: 2023-03-30 - 8:01 PM
• Updated: 2023-04-06 - 9:09 AM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document.
• Attachment included
• K1A MAKAH TRIBAL COUNCIL P.O.. BOX 115 • NEAH BAY, WA 98357 • 360-645-2201 IN REPLY REFER TO: Email to deltaport@iaac-aeic.gc.ca GCT Deltaport Expansion - Berth Four Project Impact Assessment Agency of Canada 160 Elgin Street 22nd Floor Ottawa, Ontario 0H3 March 30, 2023 Re: Makah Tribal Council Comments on the Draft Review Panel Terms of Reference and Draft Canada- British Columbia Coordination Agreement for the assessment of the GCT Deltaport Expansion — Berth Four Project Dear Impact Assessment Agency of Canada Staff: The Makah Tribal Council is writing to provide feedback on the Draft Review Panel Terms of Reference (Terms of Reference) and Draft Canada-British Columbia Coordination Agreement (Coordination Agreement) for the assessment of the GCT Deltaport Expansion — Berth Four Project (Deltaport Project). The Makah Tribe is located where the Strait of Juan de Fuca meets the open ocean, a highly productive marine ecosystem and an area with dense vessel traffic and high oil pollution risk. Notably, all inbound vessels headed to or from the Vancouver area (and to Seattle, Tacoma, and Olympia) pass the Makah Tribe's Usual and Accustomed Hunting and Fishing Stations (U&A). For over two decades, the Makah Tribe has worked with other leaders to advance oil spill planning, prevention, and response in the region and to ensure tribal authorities are appropriately recognized in these arenas and processes. The Deltaport Project is one of a portfolio of expansion projects in the region that are projected to increase vessel traffic and its associated risks. We are providing comments to help GCT achieve the highest level of protection for Makah treaty resources and to promote environmental ...

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Attachment Terms of reference for the impact assessment must focus on cumulative effects and preventing the risk of extinction

• GCT Deltaport Expansion - Berth Four Project
• Author: Michelle Baudais
• Reference number: 252
• Submitted: 2023-03-30 - 7:42 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• See attached template file that includes my comments on Sections 3.13 a, 3.14, and 3.16.
• Attachment included
• GCT Deltaport Expansion – Berth Four Project deltaport@iaac-aeic.gc.ca 1 | P a g e Comment Template for the Review Panel Terms of Reference and the Canada-British Columbia Cooperation Agreement for the GCT Deltaport Expansion – Berth Four Project This comment template has been prepared to guide your review of the following documents: • Draft Canada-British Columbia Cooperation Agreement on the Coordination of the Environmental and Impact Assessment Processes for the GCT Deltaport Expansion – Berth Four Project (Cooperation Agreement): describes how the Impact Assessment Agency of Canada (the Agency) and the British Columbia Environmental Assessment Office (EAO) will coordinate during the assessment of the Project. • Draft Review Panel Terms of Reference (Terms of Reference): identifies the mandate of the Review Panel and sets out the framework for the assessment led by the Review Panel. The Terms of Reference and the Cooperation Agreement are intended to be complementary and to provide clarity for participants on the process and on the roles and responsibilities of the Review Panel, the Agency, and the EAO for the remainder of the assessment of the proposed GCT Deltaport Expansion – Berth Four Project (the Project). Please feel free to record your comments using the comment template provided on page 3 of this document. Comments should be submitted via the Canadian Impact Assessment Registry for the Project (reference number 81010) using the “submit a comment” button, or via email to deltaport@iaac-aeic.gc.ca. Guiding Questions: The following questions have been prepared to help guide your review: Terms of Reference • Does the Terms of Reference clearly describe the ...

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Attachment From Tsartlip First Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Tsartlip First Nation
• Reference number: 263
• Submitted: 2023-03-30 - 7:35 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached documents
• Attachment included
• {00618764.1} Tsartlip First Nation P.O. Box 70, #1 Boat Ramp Road Brentwood Bay, BC V8M 1R3 Phone 250.652.3988 - Fax 250.652.3788 March 30, 2023 Impact Assessment Agency of Canada 160 Elgin Street, 22 Floor Ottawa, ON K1A 0H3 Via Registered Mail Attention: Impact Assessment Agency of Canada Re: GCT Deltaport Expansion – Berth Four Reference Number: 81010 As elected Chief of Tsartlip First Nation (“Tsartlip”), I am writing on behalf of Tsartlip regarding the Deltaport Expansion – Berth Four Project (the “Project”) to provide our comments and feedback related to the Draft Review Panel Terms of Reference dated February 28, 2023 (the “Draft TOR”) and the Draft Canada-British Columbia Cooperation Agreement on the Coordination of the Environmental and Impact Assessment Processes for the GCT Deltaport Expansion – Berth Four Project (the “Cooperation Agreement”). Project Description First, further to my letter of July 28, 2022, Tsartlip remains concerned about the lack of recognition of Tsartlip’s constitutionally protected and recognized fishing rights in the Joint Guidelines, as updated in September 2022 (the “Joint Guidelines”). In that letter, I specifically requested that the Impact Assessment Agency of Canada (the “Agency”) and the BC Environmental Assessment Office (the “EAO”) amend the maps incorporated by reference into the Joint Guidelines, to ensure that the rights and areas protected by the North and South Saanich Douglas Treaties are adequately considered throughout the assessment process. It remains Tsartlip’s position that the rights held by Tsartlip members and guaranteed by these Douglas Treaties are ...

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Attachment From GCT Canada Limited Partnership to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of GCT Canada Limited Partnership
• Reference number: 262
• Submitted: 2023-03-30 - 7:30 PM
• Updated: 2023-04-04 - 10:20 AM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• GCT Canada Limited Partnership 400 - 2925 Virtual Way Vancouver, BC, Canada V5M 4X5 T +1 604 267 5200 F +1 604 267 5214 globalterminals.com Assessment of the GCT Deltaport Expansion - Berth Four Project c/o Impact Assessment Agency of Canada / Government of Canada 160 Elgin Street 22nd Floor Ottawa, Ontario K1A 0H3 deltaport@iaac-aeic.gc.ca / Tel. : 343-572-7144 March 30, 2023 Dear Ms. Whiterly, RE: Draft Review Panel Terms of Reference ("Terms of Reference") and Draft Canada- British Columbia Cooperation Agreement on the Coordination of the Environmental and Impact Assessment Processes for the GCT Deltaport Expansion – Berth Four Project ("Cooperation Agreement") GCT Canada Limited Partnership ("GCT") writes to provide our comments to the Draft Terms of Reference and the Draft Cooperation Agreement issued by the Impact Assessment Agency on February 28, 2023. 1. Draft Terms of Reference 1.1. Section 1 – Introduction GCT requests that the final Terms of Reference specifically reference that the impact assessment conducted by the Review Panel should be consistent with the Joint Guidelines. 1.2. Section 2 – Description of the Project The draft Terms of Reference state that the geographic extent of marine shipping incidental to the Project includes the marine shipping routes from the proposed terminal at Roberts Bank to the outer limit of Southern Resident Killer Whale critical habitat, as defined in the 2018 Recovery Strategy for the Northern and Southern Resident Killer Whales (Orcinus orca) in Canada. This extent also includes the Maa-nulth Domestic Fishing Area as defined under the Maa-nulth First Nations Final Agreement. The defined ...

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Attachment From Suquamish Tribe to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Suquamish Tribe
• Reference number: 261
• Submitted: 2023-03-30 - 6:49 PM
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• See the attached document
• Attachment included
• GCT Deltaport Expansion – Berth Four Project deltaport@iaac-aeic.gc.ca 1 | P a g e Participant: [Roderick Malcom] Organization (if applicable): [Suquamish Indian Tribe of the Port Madison Reservation] General Comments: The DeltaPort Expansion – Berth Four Project site itself and the areas that will be used by vessels transiting to and from the project area lie within the traditional fishing area of the Suquamish Indian Tribe of the Port Madison Reservation (Suquamish Tribe or Tribe). The Suquamish Tribe signed the Treaty of Point Elliott, 12 Stat. 927, in 1855 with the United States. Article V of the Treaty of Point Elliott recognizes and reserves to the Tribe the right to continue practicing fishing and hunting activities, “[t]he right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands.” The United States Federal Courts have recognized that the Suquamish Tribe’s usual and accustomed grounds and stations (U&A) includes all marine waters of Puget Sound from the northern tip of Vashon Island to the Fraser River, including Haro and Rosario Straits. The Tribe actively works to ensure that activities within that area, on both sides of the border, do not negatively impact (1) habitat and natural systems; and (2) the exercise of treaty and/or Aboriginal fishing rights. The Suquamish Tribe historically fished in the Strait of Juan de Fuca , waters adjacent to San Juan and Gulf Islands including but not limited to Haro Strait, Rosario ...

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Attachment From Snuneymuxw First Nation to the Impact Assessment Agency of Canada re: Comments on the draft Review Panel Terms of Reference and Cooperation Agreement

• GCT Deltaport Expansion - Berth Four Project
• Author: Administrator on behalf of Snuneymuxw First Nation
• Reference number: 258
• Submitted: 2023-03-30 - 4:50 PM
• Updated: 2023-04-06 - 3:07 PM
• Rationale: Comment updated for administrative purposes
• Project phase: Impact Statement
• Participation notice: GCT Deltaport Expansion - Berth Four Project - Public Comment Period and Information Sessions
• Please see the attached document
• Attachment included
• Snuneymuxw First Nation Om O March 30, 2023 Canadian Impact Assessment Registry deltaport@iaac-aeic.gc.ca Re: Snuneymuxw First Nation and GCT Deltaport Expansion — Berth Four Project On December 23, 1854 at Xwsolexwel (Nanaimo harbour), the Snuneymuxw People entered the Snuneymuxw Treaty of 1854 with the Crown to protect Snuneymuxw villages, enclosed fields, waterways, harvesting and gathering, and the right to hunt and carry-on fisheries as formerly. The Council of Snuneymuxw First Nation have the authority to preserve and protect these constitutional collective rights and title to Snuneymuxw territory and are protected by Section 35 of the Constitution Act, 1982 (known as "Section 35 rights and interests"). Within our Section 35 constitutional protections are the right to self-govern, to practice Snuneymuxw culture, to speak Hul'q'umin'um', and any right flowing from these aspects (e.g., passing on knowledge and language to the next generation; gathering needed resources to participate in ceremony). The spirit and intent of the Snuneymuxw Treaty of 1854 is to preserve and protect, forever and always, all Snuneymuxw villages, fields, waterways, gathering and harvesting sites for the Snuneymuxw people. These rights and title are determined by Snuneymuxw People and consent to impact our rights and title can only be given by Snuneymuxw First Nation. Unfortunately, immediately following the signing of the Treaty, the Crown unlawfully took away or disposed of Snuneymuxw lands, waters, and resources without the consent of our Nation, and did not take the necessary steps required to honour their constitutional obligations. Continued development and lack of Snuneymuxw consent throughout the ...

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