Environmental Assessment Act
Section 9
Notice of approval to proceed with the undertaking

RE: An Environmental Assessment for the East-West Tie Transmission Line

Proponent: NextBridge Infrastructure LP

EA File No.: 03-03-03
EA Reference No.: 13136

Take notice that the period for requesting that the application or matters related to the application be referred to the Environmental Review Tribunal for a hearing and decision expired on November 16, 2018. I received no submissions requesting a hearing by the Environmental Review Tribunal before the expiration date.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry review of the environmental assessment and that there were no submissions received, I hereby give approval to proceed with the undertaking, subject to the conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act.
  2. The environmental assessment has been prepared in accordance with the approved Terms of Reference
  3. On the basis of the proponent’s environmental assessment and the ministry review, proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. On the basis of the proponent's environmental assessment, the ministry review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  5. The ministry's review of: the government, public and Indigenous community submissions on the environmental assessment and the ministry review has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required. I am not aware of any outstanding issues with respect to this Undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

  1. Definitions

    For the purposes of these conditions:

    “environmental assessment”
    means the document titled ‘Amended Environmental Assessment Report for the East-West Tie Transmission Project, February 2018.
    “construction”
    means physical construction activities, including site preparation works, but does not include the tendering of contracts.
    “Date of Approval”
    means the date on which the Order in Council pertaining to the approval of the environmental assessment was signed by the Lieutenant Governor-in-Council.
    “Detailed Project Plan”
    means an agreed upon approach to provide information to verify and supplement the environmental assessment by developing over-arching and individual workfront plans.
    “Director”
    means the Director of the Environmental Assessment and Permissions Branch of the Ministry of the Environment, Conservation and Parks.
    “Indigenous Communities”
    means, Animbiigoo Zaagi’igan Anishinaabek First Nation (Lake Nipigon Ojibway); Bingwi Neyaashi Anishinaabek (Sand Point First Nation); Biinjitiwaabik Zaaging Anishinaabek First Nation (Rocky Bay); Fort William First Nation; Ginoogaming First Nation; Long Lake No. 58 First Nation; Michipicoten First Nation; Missanabie Cree First Nation; Ojibways of Batchewana; Ojibways of Garden River; Ojibways of Pic River (Heron Bay First Nation); Pays Plat First Nation; Pic Mobert First Nation; Red Rock Indian Band; Greenstone Métis Council; Red Sky Independent Métis Nation; Superior North Shore Métis Council; Thunder Bay Métis Council.
    “Limits of Work”
    means the portion of land approximately 450 km in length and 64 metres (m) in width that connects the Lakehead transformer station in the Municipality of Shuniah near the city of Thunder Bay to the Wawa transformer station located east of the Municipality of Wawa.
    “ministry”
    means the Ontario Ministry of the Environment, Conservation and Parks.
    “proponent”
    means NextBridge Infrastructure LP, its agents, successors, and assigns.
    “Protected Areas”
    means Conservation Reserves and Provincial Parks.
    “Regional Director”
    means the Director of the ministry’s Thunder Bay Regional Office.
    “Species at Risk”
    means the species that are on the Species at Risk in Ontario List provided by Ontario Regulation 230/08 of the Endangered Species Act, S.O. 2007, c. 6 as amended.
    “undertaking”
    means the design, construction, operation, maintenance and retirement of a double-circuit 230 kilovolt (kV) transmission line connecting the Lakehead Transformer Station to the Wawa Transformer Station.  Project components include a new, approximately 450 km long double-circuit 230 kV transmission line (with a connection at the Marathon transformer station), a right-of-way (ROW) corridor with a typical width of 64 metres and Temporary and permanent access roads, storage yards, laydown yards, construction camps and construction easements.
    “workfront”
    means geographic groupings along the transmission line corridor representing the approach to execute construction phase in spans or groupings.
  1. General Requirements
    1. The proponent shall comply with the provisions in the environmental assessment which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the site.
    2. The proponent shall fulfill all commitments made in the environmental assessment.
    3. The conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes.
  2. Public Record
    1. Where a document is required for the public record, the proponent shall post the document on the proponent website and shall provide one hardcopy and one electronic copy of the document to the Director.
    2. The environmental assessment Reference Number 13136 and File Number 03‑03-03 shall be quoted on all documents submitted to the ministry pursuant to this Notice of Approval.
    3. For every document submitted to the ministry, the proponent shall clearly identify which condition of approval the document is meant to fulfill.
  3. Compliance Monitoring Program
    1. The proponent shall prepare and submit to the Director for approval and for the public record an environmental assessment compliance monitoring program.
    2. The compliance monitoring program shall be submitted to the Director for approval within one year from the Date of Approval, or 60 days before the commencement of construction, whichever is earlier; or by another date agreed upon by the Director.
    3. The compliance monitoring program shall include a description of how the proponent will:
      1. monitor implementation of the undertaking in accordance with the environmental assessment with respect to mitigation measures, public consultation, indigenous consultation and additional studies and work to be carried out;
      2. monitor compliance with the conditions in this Notice of Approval; and
      3. monitor compliance with all commitments made in the environmental assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out.
    4. The compliance monitoring program must contain an implementation schedule for monitoring activities to be completed.
    5. The Director may require the proponent to amend the compliance monitoring program at any time. Should an amendment be required, the Director will notify the proponent in writing of the required amendment and the date by which the proponent must complete and submit the amendment to the Director.
    6. The proponent shall submit the amended compliance monitoring program to the Director within the time period specified by the Director in the written notice.
    7. The proponent shall implement the compliance monitoring program and any amendments to it.
  4. Compliance Reporting
    1. The proponent shall prepare an annual compliance report outlining the results of the compliance monitoring program (Condition 4).
    2. The first compliance report shall be submitted to the Director for review and for the public record no later than one year following the Date of Approval. Each subsequent annual compliance report shall be submitted on the date that is the anniversary of the Date of Approval thereafter. Each report shall cover the previous year.
    3. The proponent shall submit annual compliance reports until all conditions in this Notice of Approval are satisfied or the proponent is instructed otherwise in writing by the Director.
    4. The proponent shall notify the Director in writing when the final annual compliance report is being submitted. The ministry will confirm whether the annual compliance reporting requirements in Conditions 5.1 to 5.3 have been fulfilled and the Director will confirm this in writing to the proponent.
    5. The proponent shall retain, either in the proponent’s office or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities. The proponent shall post the annual compliance reports for each reporting year on its website.
    6. The proponent shall make the compliance reports and associated documentation available to the Director or a designate in a timely manner when requested to do so by the ministry.
  5. Complaint Protocol
    1. The proponent shall prepare and implement a complaint protocol for dealing with and responding to inquiries and complaints during all stages of the undertaking. The complaint protocol shall include a procedure for notifying the Regional Director of any complaints received by the proponent.
    2. The proponent shall submit the complaint protocol to the Director for approval and for the public record within one year from the Date of Approval, or 30 days before the start of construction, whichever is earlier; or by another date agreed upon by the Director.
    3. The Director may require the proponent to amend the complaint protocol at any time. Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
    4. The proponent shall submit the amended complaint protocol to the Director within the time period specified by the Director.
    5. The proponent shall implement the complaint protocol and any amendments to it.
    6. The proponent shall provide a summary on the complaints received and how they were addressed in each of the annual compliance reports required by Condition 5.
  6. Consultation with Indigenous Communities
    1. The proponent shall prepare, in consultation with Indigenous Communities, an Indigenous consultation plan that sets forth:
      1. how, during implementation of the undertaking, the proponent will consult with Indigenous Communities and provide them with opportunities to be involved in environmental monitoring activities;
      2. how the proponent will notify Indigenous Communities, using a notification protocol, if archaeological resources or Indigenous remains are encountered during implementation of the undertaking;
      3. how the proponent will consider any additional traditional ecological knowledge and traditional land and resource use information that Indigenous Communities may provide during implementation of the undertaking; and
      4. how the proponent will issue notices and updates to Indigenous communities on key steps during the implementation of the undertaking.
    2. At least 30 days prior to the start of construction or by such other date as may be agreed to in writing by the Director, the proponent shall submit the Indigenous consultation plan to the Director for approval, including details of the consultation that was undertaken with Indigenous Communities on the plan, as required by Condition 7.1.
    3. The Director may require the proponent to amend the Indigenous consultation plan at any time.  Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
    4. Once the Director is satisfied with the Indigenous consultation plan, the proponent shall implement the Indigenous consultation plan and any amendments to it.
  7. Detailed Project Plans
    1. The proponent shall prepare Detailed Project Plan(s) to verify and supplement the information in the environmental assessment.  This information will be submitted as an over-arching plan for the undertaking as well as multiple individual workfront plans according to how the proponent phases the construction of the undertaking, such as by geographic groupings, timing windows and/or types of project activities.  Detailed Project Plan(s) will be used to fulfill the requirements of this Condition and to assist in fulfilling the permitting requirements of the Ministry of Natural Resources and Forestry and the Ministry of Environment Conservation and Parks.
    2. Over-arching Detailed Project Plan(s) shall describe and include:
      1. plans and/or protocols, including, but not limited to, Timber Salvage Plan, Unmapped Stream Assessment Protocol, Best Management Practices, Sediment Control Plan, Road Use Management Strategy, Vegetation Management Plans; and
      2. details for all phases of the project (i.e. pre-construction, construction, maintenance, decommissioning) as it relates to significant environmental features, as well as plans and/or protocols described in 8.2 (a).
    3. Workfront Detailed Project Plan(s) shall describe and include project specific impacts and information outlining:
      1. the final locations and footprint of project components, inclusive of any amendments that are approved under Condition 10; and project activities planned to occur within a specific individual workfront of the undertaking and the timing window for these activities, including the construction, operation, maintenance and decommissioning phases, as applicable;
      2. significant environmental features (including, but not limited to, Species at Risk, wetlands, watercourses, significant wildlife habitat, Protected Areas); environmental constraints; and unexpected environmental conditions in the area(s) where specific project activities are planned;
      3. site-specific mitigation for significant environmental features (including, but not limited to, wetlands, Species at Risk, significant wildlife habitat, Protected Areas); and maintaining vegetation setbacks on all waterbodies and watercourses;
      4. monitoring plans for the project activities;
      5. consultation plan with Indigenous communities, and stakeholders; and, 
      6. detailed mapping at a sufficient scale to display the information listed above.
    4. The proponent shall submit the Detailed Project Plan(s) to:
      1. the Director,
      2. the Ministry of Natural Resources and Forestry’s Director of Northwest Region, and
      3. Indigenous Communities
    5. The proponent shall provide over-arching Detailed Project Plan(s) prior to workfront Detailed Project Plan(s).  The proponent shall provide a minimum of 30 days for review of each Detailed Project Plan by the parties listed in Condition 8.4 prior to carrying out any construction activities for the portion of the undertaking covered by those plans.
    6. The proponent shall post the Detailed Project Plan(s) on the proponent’s website and provide notification to all interested stakeholders that were notified of the undertaking during the environmental assessment.
    7. If adverse impacts on Aboriginal or treaty rights are identified through consultation with Indigenous communities on the Detailed Project Plan(s), the proponent must notify the Director in writing. The Director may require the proponent to amend the Detailed Project Plan(s) or carry-out additional consultation at any time to address potential adverse impacts on Aboriginal or treaty rights. The proponent shall consult with the ministry about any consultation requirements that may apply.
    8. If changes are required to be made to Detailed Project Plan(s) after it has been submitted, the proponent shall determine if the proposed change:
      1. would result in a change to the undertaking that is outside of the Limits of Work; or
      2. could result in greater adverse environmental effects than were identified in the environmental assessment

      If the proposed change to the Detailed Project Plan(s) would result in either (a) or (b) above, the proponent shall notify ministry in accordance with Condition 10.  Otherwise, the proponent may proceed with the proposed change, subject to any permitting requirements.

    9. At the end of the construction phase of the undertaking, the proponent shall provide the ministry with a summary of how Condition 8 has been satisfied in the following compliance report required by Condition 5.
  8. Vegetation Removal
    1. Use mechanical methods to remove unwanted vegetation whenever possible and only using chemical means when deemed necessary, in consultation with Indigenous communities and the Ministry of Natural Resources and Forestry.
  9. Changes to the Undertaking
    1. The proponent shall notify the Director in writing of any proposed change to the undertaking that is outside of the Limits of Work or that could result in greater adverse environmental effects than were identified in the environmental assessment.  The proponent shall consult with the ministry about any consultation requirements that may apply, and whether any changes can be permitted without an amendment to the environmental assessment.
  10. Duration of Approval
    1. If construction of the undertaking has not commenced within 10 years of the Date of Approval, this Notice of Approval shall expire unless otherwise extended by the Minister.

Dated the 8 day of March 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks
77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. No. _______________
Date O.C. Approved _______________

Order in Council 403/2019