Notice of Determination

Montreal – July 9, 2024 – The authority has determined that the proposed Replacement of mooring bollards at Dock no.3 in the port of Cap-aux-Meules is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

• impacts on rights of Indigenous peoples;
• Indigenous knowledge;
• community knowledge;
• comments received from the public; and
• technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

Failure management

1. 1. An effective emergency response plan in the event of an environmental incident, spill or fire relating to the characteristics and constraints of the site and its environment must be developed by the contractor and sent to all persons concerned, including the ministerial representative. Ensure that the response plan contains, at a minimum, a response plan and alert structure, and that it is placed in an easily accessible location and in full view of all employees.
2. 2. The Environmental Emergency Plan (EEP) will have to contain the names of the people and authorities to be contacted as well as the measures to be implemented in the event of a spill.   This contingency plan must be submitted to Transport Canada at least five (5) business days prior to the start of the work.
3. 3. All personnel at the work site will be fully trained in emergency spill response procedures, methods and the use of relevant equipment and materials.
4. 4. Oils, lubricants, fuel and chemicals will be stored in a designated protected area on impermeable slabs.
5. 5. Any equipment or machinery that leaks hydrocarbons, fuel, engine oil or hydraulic oil must be removed from surface water and sumps, then immediately taken out of service, contained in an enclosure and rehabilitated in order to continue the work.
6. 6. Maintain complete emergency response kits (absorbent products, dry bags, blowout ators, gloves, etc.) in the vicinity of the work area at all times to contain any spills. Secondary emergency kits may be required at certain locations on the site.
7. 7. Prevent spilled product from entering watercourses, water bodies or wetlands, sewers and environmental receptors.
8. 8. Immediately report any accidental spill to the person responsible for the project's emergency plan, who will ensure that the appropriate authorities are contacted without delay, that the affected area is identified, that the contaminated soil and residual soil, oil residues and other hazardous materials are managed in accordance with the laws and regulations in force, if applicable.
9. 9. In the event of an accidental spill of oil or other hazardous materials, the spill must be reported immediately to the ministerial representative and to the following authorities:

• Environment Canada, National Environmental Emergencies Centre: 1-866-283-2333.
• MELCCFP, Urgence-Environnement: 1-866-694-5454.
• Canadian Coast Guard, Alert and Warning Network (AAR): 1-800-363-4735
• Site supervisor.

1. 10. The contractor will have to make every effort to dry up the source of the spill within the limits recommended by safety. Collect spilled products using the leaves or socks of absorbents or granular absorbents. Collect contaminated soil and materials separately in airtight containers and dispose of them according to current regulations.
2. 11. Soil, sediment or water contaminated by an accidental spill must be contained in order to be characterized or directly managed by a specialized company, in accordance with the regulations and directives of the MELCCFP. A characterization of the quality of the soils left in place, confirming that the affected site has been properly remediated, will be carried out to TC's satisfaction.   

Machinery and Equipment

1. 12. Keep the machinery and equipment used during the work in good working order, clean and free of leaks of oil, gasoline or any other liquid that may pollute the environment and shut down engines when not in use.      
2. 13. Prioritize the use of biodegradable hydraulic oil in machinery (hydraulic excavators) that will work within 30 metres of any body of water in order to reduce potential impacts on the environment.   
3. 14. Carry out maintenance and refuelling of vehicles and equipment more than 30 metres from a body of water, a watercourse or a wetland in order to reduce potential impacts on the environment. If this distance cannot be maintained, the contractor will be required to install an adequate secondary containment system to contain a potential spill.
4. 15. Perform maintenance and refuelling of vehicles and equipment on sealed surfaces that allow for the containment of any leaks and spills (e.g., containment tanks with a volume equivalent to at least 110% of the volume of the fuel tank).
5. 16. Minimize the number of hydrocarbon tanks for refueling machinery.     
6. 17. Move machinery away from the shoreline, stream, body of water or wetland as soon as it is no longer in use.

Concreting

1. 18. Ensure that water that has been in contact with uncured or partially cured concrete or cement (such as water from cleaning concrete mixers and other equipment) is not discharged into the aquatic environment.
2. 19. Equipment that drips or drips from cast-in-place concrete and concrete mixers must be trapped in place by interception ditches, settling ponds, retention lakes or other facilities.  The sediment must be able to settle and reach a neutral pH before the clarified water is released into the drainage system or can flow into the soil.
3. 20. Carry out concrete work in such a way as to prevent the concrete and the particles it contains from reaching the aquatic environment.
4. 21. Debris and concrete dust resulting from the work must be removed so that the material does not enter the aquatic environment. Any unused aggregate and concrete debris must be removed and the surface returned to its original condition once the work is completed.
5. 22. Ensure that poured concrete is protected from rain at all times during concrete work.
6. 23. It is prohibited to dispose of waste materials, volatiles or any type of contaminant by dumping them into aquatic environments, storm or sanitary sewers or the Gulf of St. Lawrence. Any waste or contaminant accidentally introduced into the environment, including the aquatic environment, must be removed as soon as possible.
7. 24. Collect the concrete wash water and dispose of off-site.
8. 25. Prevent water that has come into contact with concrete and has not yet cured from entering watercourses, water bodies or storm drains.

Fish and Habitat

1. 26. For work carried out above the level of the high water of large tides, put in place effective measures to limit the input of sediment from the site to the aquatic environment and ensure its maintenance (e.g., sediment barrier, berms, sediment trap, sedimentation basin, temporary stabilization of embankments, diversion of water to vegetated areas). The measures must remain effective during the temporary closure of the site and during periods of flooding or heavy rainfall.
2. 27. When weather conditions deteriorate (e.g., high winds, storms, etc.), stop work to prevent the dispersion of materials into the water.
3. 28. No cleaning of equipment in the water of the Gulf of St. Lawrence will be permitted.
4. 29. Implement a waste management system that takes into account their nature and provides for containers appropriate to their nature.
5. 30. Do not release any debris into the aquatic environment. Any debris accidentally introduced should be removed as soon as possible.

Management of the disposal of residual materials and hazardous materials

1. 31. Have a hazardous materials management plan (storage, transportation, disposal, recovery, control and decontamination measures).
2. 32. Establish a construction waste management plan by promoting reuse and/or recycling. If they must be disposed of, dispose of them at an authorized site.
3. 33. Debris should be picked up as it is collected and has been placed in the appropriate containers to avoid dispersion in the environment.
4. 34. Remove unused materials, garbage, debris of all kinds or other residual materials from the site throughout the work and dispose of them in an authorized site, in accordance with applicable regulations.
5. 35. The Contractor must comply with all applicable regulations regarding the transportation, storage, handling and disposal of hazardous materials and hazardous wastes.
6. 36. Cover dry materials, debris or waste to prevent wind from kicking up dust or carrying debris.
7. 37. Manage dry materials, debris or waste at authorized sites according to their nature and applicable regulations.

Disposal of excavated material and contaminated soil

1. 38. Ensure that temporary storage of excavated material during work is carried out in such a way as to prevent it from being blown away or leaching into the aquatic environment, and use containment methods where appropriate. Any debris accidentally introduced into the water must be removed as quickly as possible and disposed of in accordance with regulations.
2. 39. Ensure that spoil or debris is disposed of in authorized sites according to its nature and transported in such a way as not to spread into the environment.
3. 40. Ensure that areas used for spoil storage and other purposes are cleaned up and returned to environmentally friendly conditions at the end of the project.
4. 41. Stop work in extreme weather conditions.

Air Quality Management

1. 42. Adopt a reducing working method in order to reduce the emission of fine particles as much as possible. The use of water for dust suppression should be done only with great care and with proper recovery and management of runoff.
2. 43. If necessary, use a dust suppressant that meets the requirements of NQ 2410-300 "Products Used as Dust Suppressants for Unpaved Roads and Other Similar Surfaces" if the work is likely to generate dust that may be dispersed by the wind.
3. 44. The contractor must take the necessary measures to comply with the Clean Air Regulations. The distance beyond which diffuse emissions of particulate matter must not be visible in the atmosphere is 2 m from the point of emission.
4. 45. Ensure that the vehicles and equipment used are kept in perfect working order (e.g., exhaust system).
5. 46. Turn off the engines of unused construction equipment as soon as possible.
6. 47. Optimize maneuvers to minimize the duration of operations.

Bird protection

1. 48. The Contractor must take all necessary measures to comply with the laws and regulations relating to the presence of migratory birds, including, but not limited to, the Species at Risk Act, the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022. Some measures to minimize impacts on birds include:

- Limit encroachment into the natural environment as much as possible.

- Special care should be taken to avoid disturbing or destroying any migratory bird nest.

- Avoid approaching or disturbing any birds or bird nests if they are observed during the work.

1. 49. Before work begins, check for waterfowl nesting on structures where work will take place. If one or more nests are found, notify the departmental representative immediately before starting the work.
2. 50. If a nest containing migratory bird eggs or nestlings is discovered near or within the work zone, stop all noisy activities in the vicinity of the nesting site, protect the nest(s) with a protection zone. Immediately contact the departmental representative who will contact ECCC's Canadian Wildlife Service (CWS) to ensure that the correct actions are taken.
3. 51. On the water as well as on land, keep a sufficient distance so as not to disturb nesting birds. Signs that birds have been disturbed include an upright posture when brooding the nest, increased vocalization, and adult birds leaving their nests.

Health and Safety

1. 52. Maintain an adequate communication system between those in charge of the work and the users and plan the organization and mobilization of the site in collaboration with the port users in order to ensure the smooth running of activities and minimize inconvenience for users.
2. 53. Continuously monitor the cleanliness of the two access streets and clean them with a mechanical sweeper, when required.
3. 54. Restrict vehicular traffic and parking to authorized lanes and work areas.

Sound Environment Management

1. 55. Comply with current municipal noise by-laws and adjust machinery operations accordingly, if applicable.
2. 56. Try to limit trucking and shut down the engines of machinery and equipment when not in use.
3. 57. Use machinery and equipment in good working order to minimize noise.
4. 58. Optimize maneuvers to minimize the duration of operations.
5. 59. Take the necessary precautions to minimize the overall sound level.

Waste and debris management

1. 60. At the end of the site's use period, the work areas must be cleared of equipment, machinery, demolition materials, garbage, scrap, rubble and spoil from the work as quickly as possible. These materials will have to be managed in sites authorized to receive them according to the applicable regulations, for all types of waste that will be produced as part of this work. Make sure that no waste is left on the site of the work.
2. 61. Use an effective method of direct asphalt recovery.

The authority are satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, the authority may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.