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Government of Canada’s Response to the Environmental Assessment Joint Review Panel Report of the Proposed La Romaine Hydroelectric Complex Project (Archived)

Circumstances

Hydro-Québec insures electrical energy supply security to its clients through a development plan to meet their needs. The Romaine Hydroelectric Complex project is part of the Hydro-Québec’s 2006-2010 Strategic Plan approved by the Government of Quebec February 14, 2007. Hydroelectric energy is an important component of Québec’s energy strategy for 2006-2015.

Project

Hydro-Québec plans to build and operate a 1550 MW hydroelectric complex on the Romaine River, north of the Municipality of Havre-Saint-Pierre on the Québec North Shore of the Gulf of St. Lawrence. The 4 powerhouses would be located at kms: 52.5, 90.3, 158.4 and 191.9 along the Romaine River with installed generating capacity of 270, 640, 395 and 245 MW and projected in-service dates of 2016, 2014, 2017 and 2020, respectively.

The Environmental Assessment Process

The Romaine Hydroelectric Complex project requires authorization and approval pursuant to subsection 35(2) of the Fisheries Act and subsection 5(2) of the Navigable Waters Protection Act. These regulatory approvals are included in the Law List Regulations of the Canadian Environmental Assessment Act (CEAA), requiring Fisheries and Oceans Canada and Transport Canada as the responsible authorities to conduct an environmental assessment pursuant to CEAA prior to issuing authorizations and approvals.

The Joint Review Panel Report and the Government of Canada’s Response

The Joint Review Panel addressed 13 recommendations to the Proponent of direct interest to Fisheries and Oceans Canada, 9 recommendations directed to the proponent of interest to Environment Canada, 1 recommendation to Transport Canada and Fisheries and Oceans regarding the availability of documents for public review and 1 recommendation to the Government of Canada regarding assistance to the Innu impacted by the project so their communities are able to benefit from the economic spinoffs from this project.

The Joint Review Panel concludes that the project is unlikely to cause significant adverse environmental effects. However, this conclusion is conditional on the implementation of the mitigation measures, compensation and follow-up programs planned by the proponent, as well as those proposed by the panel. The Government of Canada supports the Joint Review Panel recommendations on issues related to federal areas of responsibility for which it has the regulatory authority.

Public Concerns

Phase 1 of the public hearings was held in Havre-Saint-Pierre from October 27 to 30, 2008. A total of 57 submissions were presented and 4 oral presentations were made during the second part of the public hearings, held from December 1 to 11, 2008, in Ekuanitshit (Mingan), Havre-Saint-Pierre and Sept-Iles. In addition, 59 submissions were tabled to the Joint Review Panel. During the course of the public hearings briefs were submitted by all levels of government, Aboriginal groups, Environmental Non-Government Organizations, stakeholders and the Proponent.

During the course of the public hearings participants expressed their opinions and concerns on a number of issues related to: (i) the need for the project; (ii) sustainable development; (iii) the impacts on the biophysical environment; (iv) the human environment; (v) the economic benefits; (vi) electric transmission lines; (vii) cumulative and transboundry effects; (viii) public participation and (ix) the environmental assessment process.

Traditional Land Use and Aboriginal Concern

Concern was expressed by Innu leaders and residents of Innu communities that could potentially be impacted by the project on their traditional land use regarding the loss of traplines and areas traditionally used by the communities. The Panel issued several opinions directed to the Province to be addressed in the conditions of the provincial authorization certificate. Federal approvals and authorizations will address concerns related to navigation and fish habitat.

The Government of Canada is committed to the assistance of aboriginal peoples through its programs and services established to develop aboriginal businesses and to train aboriginal peoples in order for them to benefit from economic opportunities in their region.

Mercury and Public Health

During the course of the environmental assessment the issue of bioaccumulation of mercury in fish and the Innu population was an important issue.

The Joint Review Panel noted that the creation of reservoirs would increase mercury levels in fish and would require additional restrictions on fish consumption. However, given the local population’s eating habits, the communication of risks and the monitoring proposed by the proponent, this increase would not create a concern for human health.

Federal Authorities

Federal authorities, identified in the recommendations issued by the Joint Review Panel, have supported the recommendations that pertain to their expert knowledge and areas of federal interest. Specific recommendations from the Joint Review Panel address migratory birds and their impacts, green house gases and assistance for aboriginal business and training.

Federal Regulatory Approvals

Fisheries and Oceans Canada and Transport Canada will issue authorizations and approvals pursuant to the Fisheries Actand the Navigable Waters Protection Act, respectively, following the acceptance of the Government of Canada’s response by the Governor in Council to support the recommendations and conclusion of the Joint Review Panel report

Fish and Fish Habitat - Fish habitat is the support system that fish and other marine organisms require to successfully carry out their various life cycles. Fish habitat can be damaged and lost due to human activities that occur in, near or with water. These activities can result in changes to fish habitat in ways that may affect the economic, social, cultural and environmental benefits that marine and freshwater fish provide to Canadians.

The Joint Review Panel addressed 13 recommendations to Hydro-Québec of specific interest to Fisheries and Oceans Canada regarding the protection of fish habitat, fish and the fisheries supported by the Romaine River and its estuary. Fisheries and Oceans will ensure that suitable mitigation measures, fish habitat compensation, and appropriate follow-up programs are included in the terms and conditions of the subsection 35(2) Fisheries Act authorization issued to the Proponent regarding for the creation, protection and maintenance of fish and fish habitat in the affected regions of the Romaine River Basin and estuary.

Navigation - The Navigable Waters Protection Program under Transport Canada is responsible for the protection of the public right to navigation and the protection of the environment through the administration of the Navigable Waters Protection Act.

For the Romaine Project, Transport Canada will ensure that appropriate mitigation measures and follow-up programs are implemented through approvals pursuant to subsection 5(2) of the Navigable Waters Protection Act regarding the protection of the public right to navigate and safe navigation.

Recommendation 1

The review panel recommends that the proponent examine, in collaboration with Environment Canada, additional measures to establish favourable habitats for waterfowl and other water birds on the edges of the planned reservoirs.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the Proponent examine in collaboration with Environment Canada additional means to create habitat favourable to waterfowl and other aquatic birds on the periphery of future reservoirs. The supplemental mitigation measures required by the Gouvernement du Québec will also be taken into account.

Recommendation 2

The review panel recommends that the proponent and Environment Canada agree on additional measures to limit the impact of the reservoirs and access roads on forest birds. This might involve increasing the acreage of wetland development, adding nesting boxes and limiting losses of rare forest habitat.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the Proponent agree to additional mitigation measures with Environment Canada to limit the impacts of reservoirs and access roads on woodland birds and their habitats. The supplemental mitigation measures required by the Gouvernement du Québec will also be taken into account.

Recommendation 3

The review panel recommends that the proponent conduct reservoir clearing operations outside of forest bird nesting periods. The proponent must justify its choice of timing for filling the reservoirs to Environment Canada.

Response

The Government of Canada supports the Joint Panel’s recommendation that the Proponent clear-cut within the future reservoirs outside of the nesting period of woodland birds and all other migratory birds. Recommended periods to carry out clearing operations and flooding will be submitted to Environment Canada for approval by the Proponent which will minimize impacts on nesting birds.

Recommendation 4

The review panel recommends that the proponent includes forest birds in its program to monitor riparian and wetland habitats to be developed and report the findings to Environment Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the Proponent includes forest birds in the follow-up program of riparian and wetland environments and, that the results are sent to Environment Canada.

Recommendation 5

The review panel recommends that the proponent plan its program to monitor riparian and wetland habitats to be developed so as to evaluate the use of these habitats not only by waterfowl, but also by other migratory water birds. The program should be discussed with Environment Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the Proponent adjust its follow-up program of riparian and wetland habitat, in discussion with Environment Canada, in order to evaluate these environments, not only for waterfowl, but for other migratory aquatic birds as well.

Recommendation 6

The review panel recommends that the number of nesting boxes for Tree Ducks is increased in collaboration with Environment Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the Proponent proposes to Environment Canada a plan to increase the number of artificial nesting sites for Tree Ducks nesting.

Recommendation 7

The review panel recommends that the proponent conduct monitoring to ensure that fish do not become trapped in stretches that are bypassed when water is diverted to spillways. The findings should be reported to Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune du Québec and, if necessary, the proponent should be required to remove barriers to fish.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent ensure through monitoring that fish do not remain trapped in bypassed stretches of the river, when water is diverted through the spillway. The results of this monitoring are to be submitted to Fisheries and Oceans and the ministère des Ressources naturelles et de la Faune du Québec, in order that measures are to be taken to release trapped fish, if needed. In addition, the Government of Canada will require that measures be taken to allow for downstream movements of fish in order to ensure that fish do not remain captive at Romaine-1. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 8

To ensure that maximum benefit is derived from the stocking of Landlocked salmon, the review panel recommends that the proponent, Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune du Québec examine the feasibility of introducing Rainbow smelt into the Romaine-4 reservoir.

Response

The Government of Canada supports the recommendation of the Joint Review Panel that the proponent examine in cooperation with Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune du Québec the pertinence of introducing rainbow smelt into the Romaine-4 reservoir. The Government of Canada will request that the proponent carry out an additional study to verify and document the presence of Rainbow smelt in the northern portion of the drainage basin, as well as the possibilities of dispersion outside of the Romaine-4 reservoir. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 9

Considering the status of the species, the joint review panel recommends that more than two populations of Québec Arctic char be transferred to fishless lakes. The proponent should agree with Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune du Québec on how many populations are necessary. However, the proponent should avoid lakes of the type used by Barrow’s Goldeneye.

Response

The Government of Canada supports the recommendation of the Joint Review Panel to introduce Arctic char populations into more than 2 fishless lakes while avoiding the type of lake preferred by the Barrow’s Goldeneye. Fisheries and Oceans Canada will determine the number of lakes in cooperation with the proponent and will ensure that the selection of the lakes to be stocked will be done in cooperation with the Ministère des Ressources naturelles et de la Faune du Québec and the proponent. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 10

Since the measures proposed by the proponent would not be sufficient to compensate for Brook trout, Lake trout and Landlocked salmon production losses upstream from the Romaine-1 dam, the joint review panel recommends that additional measures be proposed to Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune du Québec. These measures could target other valued species, such as salmon, and be carried out on the Romaine River or one of its tributaries.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent proposes supplemental fish habitat compensation measures to Fisheries and Oceans Canada and the Ministère des Ressources naturelles et de la Faune du Québec to compensate for lost productive capacity of Brook trout, Lake trout and Landlocked salmon upstream of the Romaine-1 dam. These compensation measures may be aimed at salmon and be fulfilled outside of the Romaine River drainage basin. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 11

The joint review panel believes that monitoring use of the spawning grounds that the proponent plans to create would allow validating the effectiveness of this type of structure. If Fisheries and Oceans Canada and the Québec Department of Natural Resources and Wildlife are not satisfied with their use, the panel recommends that the fall instream flow be reviewed.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent revise the instream flow requirements if the utilization of the spawning grounds developed for Atlantic salmon is judged to be unsatisfactory by Fisheries and Oceans Canada and the ministère des Ressources naturelles et de la Faune. The Government of Canada will require this measure also apply to natural spawning grounds of Atlantic salmon. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 12

Considering the socioeconomic importance of Atlantic salmon, the joint review panel is of the opinion that cutting the flow during with the second phase of the filling of the Romaine-2 reservoir could have a significant impact if mitigation measures are not implemented. The panel recommends that solutions to mitigate these impacts be reviewed in cooperation with Fisheries and Oceans Canada, the ministère du Développement durable, de l’Environnement et des Parcs and the ministère des Ressources natureslles et de la faune du Québec. If the cost of these measures is prohibitive, compensatory measures should be considered.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that a solution be developed to mitigate the potentially significant impacts of cutting off the flow of the Romaine River during the filling of the Romaine 2 reservoir. The proponent has examined solutions with Fisheries and Oceans Canada, the ministère du Développement durable, de l’Environnement et des Parcs du Québec and the ministère des Ressources naturelles et de la Faune du Québec. The Government of Canada is of the opinion that the construction of works to restore flows would appreciably mitigate the impacts during impoundment of the Romaine 2 reservoir. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 13

If all technically and financially feasible measures are implemented on the Romaine River, the joint review panel recommends that some of the efforts to compensate for the project’s impacts on salmon be carried out on a river other than the Romaine, such as the Puyjalon. Details of this compensatory measure would have to be discussed with Fisheries and Oceans Canada and the Ministère des Ressources naturelles et de la faune du Québec.

Response

The Government of Canada supports the Joint Review Panel recommendation that part of the fish habitat compensation efforts for Atlantic salmon are to be oriented to rivers other than the Romaine River. Fisheries and Oceans Canada estimates that compensation efforts in the Romaine River may be insufficient to compensate for all of the project impacts on Atlantic salmon and other species.

Fisheries and Oceans will require as a condition of its authorization under section 35(2) of the Fisheries Actthat some of the compensation effort for Atlantic salmon and the habitat of other species impacted by the project be directed towards other rivers. Furthermore, should monitoring results identify unforeseen impacts, adaptive management measures will be developed by the proponent in cooperation with Fisheries and Oceans Canada and the Ministère des Resources naturelles et de la Faune du Québec.

Recommendation 14

The review panel considers that the reduction in episodic inflows of fresh water and sediments in the eastern sector of the mouth of the Romaine River that would occur as a result of the project could affect the equilibrium of eelgrass beds. Given the importance of these wetlands for biological productivity, the panel recommends that a program to monitor the condition of the eelgrass beds at the mouth of the river be conducted to the satisfaction of Fisheries and Oceans Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent carry out monitoring of the evolution of eelgrass beds at the mouth of the Romaine River to the satisfaction of Fisheries and Oceans Canada. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 15

The review panel recommends that the proponent carry out a program to monitor softshell clam populations at the mouth of the Romaine River to the satisfaction of Fisheries and Oceans Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent monitor the populations of soft-shell clams at the mouth of the Romaine River. The Government of Canada will also require monitoring of the soft-shell clam’s habitat. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 16

The review panel recommends that a program to monitor capelin spawning grounds at the mouth of the Romaine River be implemented to the satisfaction of Fisheries and Oceans Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent monitor the capelin spawning grounds at the mouth of the Romaine River to the satisfaction of Fisheries and Oceans Canada. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 17

The review panel recommends that research of Rainbow smelt spawning areas in the area at the mouth of the Romaine River continues until the reservoirs are filled and that Fisheries and Oceans Canada ensure that there is an assessment of the project’s effects on areas that could be identified in the future and determine if monitoring would be relevant.

Response

The Government of Canada supports the Joint Review Panel recommendation that the proponent continues research the spawning grounds of Rainbow smelt at the mouth of the Romaine River until impoundment of the reservoirs. The proponent must evaluate the impacts on these habitats and carry out monitoring of these spawning grounds to the satisfaction of Fisheries and Oceans Canada. This recommendation will serve as the basis of a condition of an authorization issued by Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act.

Recommendation 18

Given that some sectors of the mouth of the Romaine River are considered highly attractive sites for a number of migratory bird species and that potential changes are anticipated in these sectors as a result of the project, the review panel recommends that the proponent monitor these birds, particularly the Common Tern, Arctic Tern and Red Knot. Additional mitigation or compensatory measures should be discussed as needed with Environment Canada.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent carry out monitoring of migratory bird populations in the mouth of the Romaine River; in particular the Common Tern, the Arctic Tern and the Red Knot. The results of this monitoring and any additional mitigation, compensation measures and follow-up programs should be discussed with Environment Canada, as needed.

Recommendation 19

In order to contribute to a future evaluation of the cumulative effects of the hydroelectric developments on the biogeochemistry of the Gulf of St. Lawrence by Fisheries and Oceans Canada, the review panel recommends that Hydro-Québec document inflows of silica, humic substances and phosphorus at the mouth of the Romaine River.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the proponent document the transport of silica, humic substances and phosphorous at the mouth of the Romaine River to contribute to the future evaluation of cumulative effects of hydroelectric development on the biochemical composition of the Gulf of St. Lawrence. Fisheries and Oceans Canada will suggest to the proponent that it include these aspects within the follow-up program of environmental effects of the project.

Recommendation 20

The review panel recommends that the ministère du développement économique, de l’Innovation et de l’exportation and Canada Economic Development for Québec Regions support the start-up of Innu businesses and coach them so as to maximize the economic benefits of the project in the communities concerned.

Response

The Government of Canada supports the Joint Review Panel’s recommendation to assist the development of Innu businesses so that the communities concerned by the development of the Romaine River can maximize the benefits that would accrue to their communities. The Government of Canada will support this recommendation through existing programs and services for business development and training of aboriginal people.

Recommendation 21

The review panel recommends that the project be monitored to the satisfaction of Fisheries and Oceans Canada to ensure the sustainability of fishery resources that are commercially harvested at the mouth of the Romaine River and that it be sent the results. If the fishery is impacted by the project, the proponent would have to propose financial compensation for the fishers affected.

Response

The Government of Canada supports in part the Joint Review Panel recommendation. The Government of Canada will require the proponent to follow-up on spawning habitat of capelin and Rainbow smelt, as well as the population and habitat of the soft-shell clam at the mouth of the Romaine River to the satisfaction of Fisheries and Oceans Canada.

The follow-up of capelin and Rainbow smelt, as well as the population and habitat of the soft-shell clam will be a condition of an authorization issued by the Fisheries and Oceans Canada pursuant to section 35(2) of the Fisheries Act. Based on follow-up results, Fisheries and Oceans Canada could seek compensation in the form of fish habitat compensation.

Recommendation 22

The review panel considers that the greenhouse gas emission monitoring that the proponent is planning during the construction phase of the project is essential. The panel recommends that this information be communicated to Environment Canada and the ministère du Développement durable de l’Environnement et des Parcs in order to document the relative contribution of the hydroelectric facilities to the provincial and national greenhouse gas inventories.

Response

The Government of Canada supports the Joint Review Panel’s recommendation for the proponent to monitor greenhouse gas emissions during the construction phase of the project. This information will be forwarded to Environment Canada and the ministère du Développement durable, de l’Environnement et des Parcs so that the contribution of hydroelectric development greenhouse gases be included in the provincial and national greenhouse inventories.

Recommendation 23

The review panel recommends that the proponent validate its greenhouse gas emission forecasts. Environment Canada should require accountability for greenhouse gas emissions at Canadian hydroelectric facilities in the national Greenhouse Gas Inventory, during both the construction and operation of the hydroelectric power plants.

Response

The Government of Canada supports the Joint Review Panel’s recommendation for the proponent to validate the predicted greenhouse gas emissions from the construction and operation of hydroelectric facilities in order to account for greenhouse gas emissions from hydroelectric facilities in the national Canada’s inventory on greenhouse gases.

Recommendation 24

The review panel recommends that the departments responsible for issuing permits, namely Fisheries and Oceans Canada, Transport Canada and the ministère du Développement durable, de l’Environnement et des Parcs , ensure that the proponent's follow-up results and reports are released to the public and made easily accessible.

Response

The Government of Canada supports the Joint Review Panel’s recommendation that the responsible authorities should ensure that the public have access to the monitoring and follow-up reports.

Pursuant to section 55 of the Canadian Environmental Assessment Act, Fisheries and Oceans Canada and Transport Canada will make available to the public, through the Canadian Environmental Assessment Registry: (i) all documents associated the development of a follow-up program; (ii) all documents regarding the implementation of a follow-up program; and (iii) any documents regarding the implementation of mitigation measures.