IOGC Environmental Review Form Guide May 2014 version
Guide to Preparing an
Environmental Review Form
for
Indian Oil and Gas Canada
May 2014
IOGC
English CIDM #304636 v1
IOGC Environmental Review Form Guide May 2014 version
TABLE OF CONTENTS
1.0BACKGROUND
1.1Canadian Environmental Assessment Act(2012)
1.2Environmental Review Process
1.2.1Renewal of Indian Oil and Gas Act (2009)...... 2
1.3Purpose and Scope of this Guide...... 2
1.4Updates
1.5Limitations......
2.0RESPONSIBILITIES
3.0PRINCIPLES FOR OIL AND GAS DEVELOPMENT ON FIRST NATION RESERVE LANDS..4
3.1 Environmental Standards and Guidelines...... 4
4.0STEPS IN THE ENVIRONMENTAL REVIEW PROCESS ...... 5
4.1 Review Steps...... 5
5.0DOCUMENT SUBMITTAL AND REVIEW CATEGORIES ...... 7
5.1Submitting Copies...... 7
5.2Incomplete Information...... 7
5.3Standard and Non-Standard Environmental Reviews...... 7
5.4Large or Complex Projects...... 7
6.0APPLICABLE AGENCIES, LEGISLATIONAND GUIDELINES...... 9
7.0SETBACKS, ENVIRONMENTAL REQUIREMENTS ANDTIMINGS
7.1Setbacks ...... 13
7.2Environmetal Requirements...... 15
7.2.1Exploratory Seismic ...... 15
7.2.2Surface Leases and PipelineRWs...... 15
7.2.3Special Requirements: Native Grasslands...... 16
7.3Timing Restrictions...... 17
7.3.1 Adverse Ground Conditions...... 17
7.3.2 Sensitive Species; SARA, et al...... 17
7.3.3 Migratory Birds Convention Act...... 17
7.4Boundaries - Temporal and Spatial...... 17
7.5 Site Visit...... 18
7.5.1Involvement of First Nation...... 18
7.5.2Field Investigation Season...... 18
8.0COMPLETING IOGC’S ENVIRONMENTAL REVIEW FORM ...... 19
Section A Project Identification...... 19
Section B Project Description...... 20
Section CStandard vs. Non-Standard Application...... 21
Section DFirst Nation Contact Information, Traditional Ecological Knowledge (TEK), Resident Consultation, and Communication with Community 22
Section ESite-Specific Environmental Information...... 24
Section FAmendment, Additional Well/Pipeline, Change of Use, and Expiry of Environmental Protection Terms 30
Section G Appendix 1 Project Activities and Duration
Section G Appendix 2 Potential Impacts, Mitigation, and Related Residual Effects Table
Section G Appendix 3 Resident Consultation Summary Table
Section G Appendix 4 Soil Evaluation
Section G Appendix 5 Potential Species at Risk Within the Proposed Project Area
Section G Appendix 6 Additional Mitigation Measures
Section GAppendix 7 Survey Plan
Section G Appendix 8 Aerial Photographs and Maps
Section G Appendix 9 Site Diagram(s)...... 40
Section G Appendix 10Site Photographs...... 40
Section G Appendix 11 Pre-construction Water Well Test Results...... 41
Section G Appendix 12 Correspondence/Permitsfrom Other FederalDepartments...... 43
Section G Appendix 13Pre-Development Surveys or Third-Party Reports...... 43
Section G Appendix 14Additional Information...... 43
Section H Presentation of the Environemtnal Review...... 43
Section I Decision...... 43
TABLES
Table ARegulatory Reference Material
Table BSetback Requirements
Table CCalculating Soil Erosion Potential
Table DDefinition and Description Requirements by Land Type
Table EPhases of Project Life Cycle**
Table FPotential Impacts, Mitigation and Related Residual Effects**
Table G Level of Residual Effects Definitions
Table HExample of Resident ConsultationSummary Table**
Table ISoil Evaluation Table**
Table JPotential Species at Risk within Proposed Project Area**
Table KWell Water Exceedance Template**
**Indicates tables to be included in ERF, where applicable.
Cette publication existe aussi en Français(305985 v1).
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Acronyms
AANDCAboriginal Affairs and Northern Development Canada
AERAlberta Energy Regulator
AESRDAlberta Environment and Sustainable Resource Development
ANPCAlberta Native Plant Council
BGWPBase of Groundwater Protection
CEAACanadian Environmental Assessment Act
CWSCanadian Wildlife Service
COSEWICCommittee on the Status of Endangered Wildlife in Canada
DUADomestic Use Aquifers
DFODepartment of Fisheries and Oceans
ECEnvironment Canada
EPZEmergency Planning Zone
ERFEnvironmental Review Form
ERPEmergency Response Plan
HRIAHeritage Resource Impact Assessment
ILInformation Letter
IOGAIndian Oil and Gas Act
IOGCIndian Oil and Gas Canada
IOGRIndian Oil and Gas Regulations
LISLow Impact Seismic
LSDLegal Sub-division-location of a lease using the Dominion Land Survey standards
MCBAMigratory Bird Convention Act
NWPANavigable Waters Protection Act
PCParks Canada
RWRight of Way
RAResponsible Authority
SAGDSteam Assisted Gravity Drainage
SARSodium Absorption Ratio
SARASpecies at Risk Act
SERSaskatchewan Energy and Resources
TCTransport Canada
TEKTraditional Ecological Knowledge
VECValued Ecosystem Component
English CIDM #304636 v1
IOGC Environmental Review Form Guide Last Update May2014
1.0BACKGROUND
Indian Oil and Gas Canada (IOGC) is the federal regulatory agency responsible for the management and administration of oil and gas resources located on designated First Nation reserves across Canada. IOGC’s authorities and responsibilities are enabled through the Indian Act,and the Indian Oil and Gas Act (IOGA) and Regulations, 1995. Amongst its responsibilities, IOGC is required to ensure that oil and gas development on-reserve proceeds in an environmentally responsible manner.
IOGC’s mandate is two-fold:
- Further First Nation initiatives to manage and control their own oil and gas resources; and
- Fulfill the Crown’s fiduciary and statutory obligations related to the management of oil and gas resources on First Nation reserves.
1.1Canadian Environmental Assessment Act(2012)
On July 6, 2012, the Canadian Environmental Assessment Act (S.C. 1992, c. 37) was repealed and the Canadian Environmental Assessment Act, 2012 (CEAA, 2012) came into force. Pursuant to section 124 of CEAA 2012,screening level environmental assessments for non-designated projects are no longer required. Oil and gas projects on-reserves are not designated and no longer require review through theCEAA process.
However, IOGCremains responsible, under Sections 4(1) and 5(1) of the new Act, for ensuring that oil and gas activity does not cause significant adverse effects. Specifically, IOGC must:
1.Ensure that environmental effects of projects on First Nation reserves continue to be carefully considered;and
2.Ensurethat the measure ofIOGC’s review and the level of environmental requirements imposed on a project are commensurate with the potential risks a project presents.
1.2Environmental Review Process
IOGC developed a new environmental review process to meet itsrenewed legislative responsibilities and authorities. The requirements of this process are presented inthe publication: “Indian Oil and Gas Canada’s Environmental Review Form”.
These requirements apply to all applications for oil and gas exploratory licenses, surface leases, and pipeline right-of-way (RW) agreements on First Nation Reserve Land in Canada including:
- Seismic exploration;
- Surface leases for wells, batteries, compressors, borrow pits, remote sumps, access roads, pipeline riser sites, and other surface infrastructure;
- Pipeline RWs where the pipeline originates on-reserve; and
- Pipeline RWs in Alberta where the pipeline originates off-reserve.
Exceptions apply to the following:
- For pipelines originating off-reserve in provinces other than Alberta, contact IOGC or the appropriate Aboriginal and Northern Development Canada (AANDC) regional office to determine jurisdiction.
- Applications for RWs for transmission pipelines are the responsibility of the AANDC Region in the province of the proposed pipeline. A transmission pipeline in this context is a pipeline crossing First Nation land and carrying petroleum product(s) that is not produced from the First Nation reserve being traversed. In such instances, contact the applicable AANDC regional office for assistance.
1.2.1Renewal of Indian Oil and Gas Act(2009)
The Federal Government is currently renewing the Indian Oil and Gas ActRegulations. Once drafting is complete, ongoing discussions with First Nations, Governments, Industries, and other parties will continue to finalize the regulations. The Act itself has received royal assent and will come into force when the regulations are complete. At that time, the Environmental Review Form (ERF) and this Guide will be updated.
1.3Purpose and Scopeof this Guide
This guide provides instructions, interpretations, and guidance to assist Applicants in completing and submitting anERF.
This guide supersedesand renders null the IOGCpublication: “How to Prepare an Environmental Assessment for Indian Oil and Gas Canada, Interim Guidelines, March 2011”.
1.4 Updates
This Guide is a living document and will be updated. Projectapplicants are responsible for referencing the most current version in their work. The header section of the document will indicate the document’s status in the following manner: “Last Update Month Year”.
Should this Guide be updated during the planning or operation of an Applicant’s project, the previous version of the document remains applicable for that project.
Contact IOGC if you have concerns, questions, or require clarification.
1.5Limitations
This document outlines the requirements for the preparation of an ERFfor proposed projects on First Nation reserve land. The regulations listed in the following text are considered current at the time of publication. Although every effort has been made to address and include all applicable regulations and guidelines, this document is not considered exhaustive. The applicant is responsible to address any additional aspects of the proposed project which may not be included herein.
2.0RESPONSIBILITIES
In the preparationand review of an Environmental Review Form(ERF)the following are responsibilities:
Of IOGC Environment:
- Conduct an examinationthat ensures, per CEAA:
1) The proposed project will not cause significant adverse environment effects;
2) The concerns raised by the First Nation and public(s) have been properly considered; and,
3) Traditional EcologicalKnowledge (TEK)considerations have been incorporatedthroughout the lifespan of the project.
- Request additional information as requiredto make a determination;
- Conduct reviews in a timely and professional manner, supporting a 4 week service standard;
- Contact the First Nation Oil and Gas Representative to discuss the project and address any concerns;
- Make a recommended decision and inform the applicant of the decision;
- If a project is approved, prepare an Environmental Protection Terms Letter outlining theenvironmentalterms and conditions by which the proposed project can proceed, and the surface agreement holder must abide;
- Report to Parliament annually as to the environmental reviewsIOGC hasconducted;and,
- May request the Minister to have a project designated under the Canadian Environmental Assessment Act(2012).
Of the applicant:
- Provide a project description that addresses all stages of the project life cycle;construction, operation, abandonment, decommissioning, and reclamation plans;
- Undertake and provide the results of a site visit e.g., soils,vegetation, and wildlife surveys;
- Address and incorporate TEKduring the planning stage and throughout the life of the project;
- Describe, characterize, and examine the potential environmental effects of a project, propose and evaluate mitigation measures and their implementation, and discuss the aspects of residual effects and their significance;
- Ensure the ERFand related documents are completed by a qualified environmental professional[1];
- Ensure that the First Nation has been properly and fully informed and engaged; and,
- Ensure that for an approved project, staff site contractors have a copy of the Environmental Protection Terms Letter onsite and abide by it.
3.0PRINCIPLESFOR OIL AND GAS DEVELOPMENT ON FIRST NATION RESERVE LANDS
Indian reserve lands are unique designations within Canada. These reserves are held for the use and benefit of First Nations. The reserves held by Her Majesty for the respective First Nation membership are subject to the Indian Act, the Indian Oil and Gas Act, and all applicable federal and provincial legislation. They carry with them responsibilities not found elsewhere in the country, and require additional consideration by all parties involved in oil and gas development.
Indian Oil and Gas Canada subscribes to the following principles in its management of the environmental aspects of oil and gas development on First Nation reserve lands:
- The inclusion of First Nation’s membership and Chief and Council in all phases of environmentalplanning and project life cycle;
- Fiduciary responsibility to the First Nationto support the responsible management of the resource potential of First Nation reserve lands;
- Science based and Traditional Ecological Knowledge (TEK) decision making;
- The use of setbacks and timing restrictions to protect environmental, cultural, and heritage features and processes;
- Adoption of best management practices, guidelines, procedures, as they are developed; and,
- Anapplicant’s commitments and future actions as expressed in a submitted Environmental Review Form (ERF)are binding commitments.
3.1 Environmental Standardsand Guidelines
Indian Oil and Gas Canada examined the environmental requirements of oil and gas development across Canada’s different jurisdictions. Those requirements that support the above stated principles represent the benchmark for environmentalmanagement in Canada and form the basis of IOGC’s environmental review process.
Proposed projects on First Nation reserves lands are subject to the requirements of all applicable federal and provincial laws, standards, and permits. For the purpose of remediation or other instances requiring a measure of Maximum Allowable Concentration, IOGC uses the Canadian Council of Ministers of the Environment (CCME) Guidelines and Standards. When there is no CCME Standard for a specific parameter, the provincial criteria where the project is located will be used.
If a qualified guideline is more stringent than CCME’s, IOGC will consider its application. For example, the Alberta Tier I guideline for benzene is more conservative than the CCME’s equivalent, and depending on the project, IOGC may require companies to meet the Alberta requirement.
4.0STEPS IN THE ENVIRONMENTAL REVIEW PROCESS
Provided below is a brief description of the steps involved in the preparation, submittal, and review of an Environmental Review Form (ERF).
The preparation and submittal of an ERF is part of the application process to acquire a surface agreement to conduct oil and gas activities on First Nation reserve lands. The completed ERF is submitted along with the other components of the Surface Agreement Application package.
The approval process described below is restricted to environmental matters; other approvals are required before a surface agreement can be issued. Further and ultimately, the First Nation involved hasfinal determination on all proposed worksas expressed in the signing and execution of a Band Council Resolution agreeing to the proposed project.
4.1Review Steps
1.The applicant identifies a need for a project on First Nation reserve lands, and contacts the First Nation to begin preparing an application package.
2.The applicant ortheir agent may contactIOGC’sEnvironment Team at this stage, before conducting any environmental work. Each reserve has been assigned an environmental analyst. This decision is at the applicant’sdiscretion, and can be guided by the information provided here and in Section 5.0, “Document Submittal and Review Categories”.
3.The applicantcontacts the designated First Nation Oil and Gas Representative to organize site visit(s). Field work must be conducted in the growing season; May-September. See Section 7.5.2,“Field Investigation Season”, for further details.
4.The applicant submits the surface agreement application package that includes the ERF to IOGC. The IOGC environmentalanalyst for the applicable Reserve is alerted to the application and receives the ERF within 5business days of its submittal.
5.Upon receipt of the ERFtheanalystreviews the material to make an initial determination. IOGC sets a Service standard of 20 business days to complete the review. Subject to the information provided in the ERF, one of the following determinations is made:
- The submitted ERF is standard and complete, and the project receivesenvironmental approval. The application package is then returned to IOGC’s Surface Administration who proceeds with its Step 1 approval as detailed in points 6-8 below.
- More information is required and the environmental analyst makes a request for further information to the applicant or the First Nation.
- The completed form is Non-Standard andmay require discussion with the applicant.
- The submittal is remiss and is returned to the applicant for re-submission.
- The proposed project is significantly largeor complex and may require examination through a more comprehensive process.
Note that the majority of project proposals received by IOGC fall into the first three categories. See Section 5.0 for further details.
6. After a project has been reviewed, the analyst prepares an EnvironmentalProtection Terms Letter. This document enables the commitments expressed in the applicant’ssubmission, and oftenincludesadditional environmental requirements. The Environmental Protection TermsLetteris a legaldocument and forms part of the surface agreement contract. Before the letter is signed, the environmental analyst contacts the FirstNation Oil andGas Representativeto confirm there are no outstanding issues.
7.The ERF and signed EnvironmentalProtectionTerms Letter aredelivered to the Surface Administration Team for processing. Once processed, a Step 1 Approval is granted to the applicant. At this stage the applicant is required to obtain a BandCouncil Resolution from the First Nation, execute the surface agreement contract, and return the agreement to IOGC for final processing.
Generally, and unless new,significant information is brought forward, IOGC approves all necessary documents related to the surface agreement contract and Step 2 approval is granted. The applicant is now a surface agreement holder and can proceed with the project.
8. The Environmental Review process is now closed and IOGC Environment and surface agreement holder proceed to the compliance and monitoring phase of the process. For a more detailed explanation of the surface and subsurface lease agreement application process, see Indian Oil and Gas Canada’s website.
5.0DOCUMENT SUBMITTAL AND REVIEW CATEGORIES
5.1Submitting Copies
The completed Environmental Review Form (ERF) is submitted as part of the overall surface agreement application package. When submitting theERF provide:
- One unbound hard copyandOne digital version(PDF format on CD) to Indian Oil and Gas Canada
- One bound hard copyand One digital version(PDF format on CD) to the First Nation Chief and Council care of the Oil and Gas Representative.
NOTE
For all communicationswith IOGC both the LSD location of the project and the IOGC surface agreement numberassigned to it are to be cited - IOGC’s databases are organized principally on our surface agreement numbering system (OS-####, RW-####, EX-20##-##).
Indian Oil and Gas Canada’s mailing address is:
Attention:Manager, Environment
Indian Oil and Gas Canada
Suite 100, 9911 Chiila Boulevard
Tsuu T’ina, AB T2W 6H6