Participant Funding Program Review Committee's Report
Regular Funding Envelope

Allocation of Funds for Participation in the Comprehensive Study of the Fairview Terminal Phase II Expansion Project

The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act (the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels.

A Funding Review Committee (FRC), independent from the environmental assessment (EA), was established to review funding applications and allocate up to $100,000 to applicants. On July 6, 2009, the FRC met to review two applications received by the PFP requesting a total of $136,771 to participate in the comprehensive study process for the Fairview Terminal Phase II Expansion Project (the Project).

The FRC members were Mr. David J. Robinson, Special Advisor, Operations, Canadian Environmental Assessment Agency (the Agency), as Committee Chairperson; Mr. Alan Ehrlich, President, International Association for Impact Assessment, Western and Northern Canada Affiliate; and Mr. Patrick Duxbury, Environmental Consultant.

BACKGROUND

The Prince Rupert Port Authority is proposing to expand its existing Fairview Container Terminal in Prince Rupert Harbour to increase the facility's current design capacity of 500,000 twenty-foot equivalent units (TEUs) per annum to 2,000,000 TEUs per annum.

This will include extending the wharf structure and expanding the on-shore terminal components. The Project will include:

• site clearing, grubbing, grading, stripping, and cut and fill;
• large volume rock cuts;
• on-site construction of ten concrete caissons;
• construction of a pile and deck extension of the existing wharf;
• dredging in front of the proposed caissons and for the containment berm and wharf structure;
• construction of a rock berm and mattress;
• infilling (riparian, intertidal, and subtidal habitat) behind the containment berm (16 hectares);
• installation of caissons and construction of the wharf topside;
• eastern realignment of the existing Canadian National Railway Company (CN) mainline across the proposed terminal;
• construction of container and intermodal yard facilities (14,000 m total linear track);
• construction of two CN sidings and an access road between the terminal and the southern end of Kaien Island (infilling of riparian and intertidal habitat, culvert extensions); and
• construction of a CN locomotive wye at the south end of Kaien Island (infilling of salt water lagoon habitat).

The proposed project scope for the purposes of the environmental assessment is described in the document: Comprehensive Study Scope of Assessment, which was released for public consultation on May 26, 2009. As part of the Project, CN is proposing to construct the two sidings and wye in order to achieve terminal throughput design capacity. CN is therefore the co-proponent of the Project, with the Prince Rupert Port Authority.

On May 29, 2009, the Agency announced the availability of up to $100,000 to facilitate public participation in this EA. The public had until June 29, 2009, to submit funding applications.

ELIGIBILITY

Individuals, Aboriginal groups and incorporated not-for-profit organizations who demonstrate that they meet at least one of the following criteria are eligible for participant funding under the program:

• have a direct, local interest in the Project, such as living in or owning property in the project area;
• have community knowledge or Aboriginal traditional knowledge relevant to the EA; or
• have expert information relevant to the anticipated environmental effects of the Project.

Parties who are for-profit, have a direct commercial interest in the Project, or represent another level of government other than an Aboriginal government are ineligible for participant funding.

RATIONALE FOR ALLOCATION

The FRC found that the applications were generally well prepared. The activities proposed by each applicant differed greatly between applications. One focused primarily on a high degree of direct community involvement to contribute to the EA, and the other chose to hire professionals to apply community knowledge and their consultants' expertise to the EA. Both applicants' methods of providing input into the EA are reasonable ways to participate. The FRC recognized in both applications the importance and cultural appropriateness of honoraria for Elders and Hereditary Chiefs. The FRC also noted that there are only expected to be four more working groups and accompanying technical meetings throughout the EA process. Both applicants are expected to provide information that will be valuable for decision makers in the EA.

The FRC recommended funding amounts that it deemed reasonable in light of the information provided in the applications, the substantial costs of undertaking technical reviews and analysis, and the limited funding available.

RECOMMENDATION

The FRC recommends awarding a total $99,050 to the two applicants to review the draft comprehensive study report, and to input comments into the EA process for the Project.

The Funding Review Committee
Regular Funding Envelope

Fairview Terminal Phase II Expansion Project

___________________________
Mr. Patrick Duxbury, Environmental Consultant

___________________________
Mr. Alan Ehrlich, President, International Association for Impact Assessment,
Western and Northern Canada Affiliate

___________________________
Mr. David J. Robinson, Committee Chairperson
Special Advisor, Operations, Canadian Environmental Assessment Agency

Recommended Participant Funding Awards
Regular Funding Envelope

Fairview Terminal Phase II Expansion Project

Applicant	Total amount approved
Gitxaala Nation	$62,170
Kitsumkalum First Nation	$36,880