Fairview Terminal
Submission ID: SEM-21-001
Party concerned: Canada
Date filed: February 8, 2021
Submission Status: Closed
Latest Update: August 27, 2021
The Secretariat determined not to recommend the preparation of a factual record under Article 24.28(1), and terminated the process.
Summary of the matter addressed in the submission:
The Submitter asserts that the Prince Rupert Port Authority, as an agent of the Government of Canada, is failing to effectively enforce the Canadian Environmental Assessment Act, 2012. The submission asserts that the mitigation measures for the Fairview Terminal Phase II Expansion Project have not been implemented, leading to harm to public health from poor air quality, noise, and vibration impacts.
Summary of the response provided by the Party:
In response to the argument that the Canadian Government was failing to enforce the provisions of the Canadian Environmental Assessment Act, Canada’s Response informed that the process regarding noise and vibration is the subject of an administrative proceeding at the Canadian Transportation Agency, which is an independent quasi-judicial body. On the other hand, the Submitter did not specify the specific standard that Canada was failing to enforce; therefore, the Government of Canada requests the termination of the process in its response.
Names and citations of the environmental laws in question:
Canadian Environmental Assessment Act, 2012
Submitter(s):
Names withheld pursuant to Article 16(1)(a) of the ECA.
Submission Timeline
The Secretariat began reviewing the submission under Articles 24.27(2) and (3).
Submission - Submission authored by Submitter(s) on 08/02/2021
The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 09/03/2021
The Secretariat received a revised submission and began to analyze it.
Submission - Submission authored by Submitter(s) on 27/03/2021
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 30/03/2021
The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 27/04/2021
Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).
Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Canada on 28/06/2021
Acknowledgement - Other document authored by Secretariat on 29/06/2021
The Secretariat determined not to recommend the preparation of a factual record under Article 24.28(1), and terminated the process.
Determination - Secretariat Determination under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 27/08/2021