The legislative regime affecting the development and operation of a liquefied natural gas (LNG) export facility and marine terminal project in British Columbia (B.C.), includes government approvals, licences, permits and other regulatory requirements typically associated with such a project. While each project must be analyzed for its own specific permitting requirements, this overview provides an outline of the major environmental protection and non-environmental project permits, licences, etc., that are typically needed to undertake LNG terminal construction and operation activities.

1. OVERVIEW OF THE PERMITTING REQUIREMENTS
FOR LNG PROJECTS IN BRITISH COLUMBIA

2. TABLE OF CONTENTS
1. Introduction........................................................................................................................... 1
2. Review Processes................................................................................................................. 2
a. Environmental Assessment...............................................................................................................2
i. Canadian Environmental Assessment Act – Decision Statement...............................................2
ii. B.C. Environmental Assessment Act – Environmental Assessment Certificate.........................2
b. Technical Review Process of Marine Terminal Systems and Transshipment Sites........................4
3. Provincial Legislation........................................................................................................... 5
a. Oil and Gas Activities Act – Facility Permit........................................................................................5
b. Water Act – FLNRO/OGC...................................................................................................................5
c. Environmental Management Act – Ministry of Environment...........................................................6
d. Heritage Conservation Act – Oil and Gas Commission/Forest, Lands
and Natural Resource Operations......................................................................................................6
e. Public Health Act – Ministry of Health...............................................................................................7
4. Federal Legislation............................................................................................................... 7
a. Fisheries Act – Fisheries and Oceans Canada/Environment Canada...............................................7
b. Navigation Protection Act – Transport Canada..................................................................................8
c. Canadian Environmental Protection Act – Environment Canada......................................................8
d. Species at Risk Act – Environment Canada/DFO..............................................................................8
e. Railway Safety Act – Transport Canada.............................................................................................9
f. Migratory Birds Convention Act – Environment Canada...................................................................9
g. National Energy Board Act – Export Licence.....................................................................................9
5. Other Considerations........................................................................................................... 9

4. 1OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
OVERVIEW OF THE PERMITTING REQUIREMENTS
FOR LNG PROJECTS IN BRITISH COLUMBIA
Introduction
The legislative regime affecting the development and operation of a liquefied natural
gas (LNG) export facility and marine terminal project in British Columbia (B.C.), includes
government approvals, licences, permits and other regulatory requirements typically
associated with such a project. While each project must be analyzed for its own specific
permitting requirements, this overview provides an outline of the major environmental
protection and non-environmental project permits, licences, etc., that are typically needed to
undertake LNG terminal construction and operation activities.1
Certain provincial and federal permits or review processes are critical to pursue early on
an LNG project’s development because they either have a long lead time or a significant
linkage to acquiring a “social licence” to proceed with the development. The set of permit
requirements that support the commencement of early works or site preparation activities
are also critical to a project’s progression.
1 This overview does not discuss upstream tenure or permitting requirements, or pipeline development.
1

5. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA2
Review Processes
a. Environmental Assessment
An important feature of both the provincial and federal regulatory regimes is that when a legislated
environmental assessment (EA) review process applies, as is typically the case with any LNG
project, a clearly defined hierarchy of legislative authority exists. Most, if not all, project-related
permitting decisions by various federal and provincial authorities cannot precede a respective
ministerial decision on the EA of the project. This requirement is clearly stated in both provincial
and federal EA legislation.2
In each case, other regulators are prohibited from exercising authority
or issuing approvals prior to the EA determination. However, permit application activities, including
regulatory consultation, can, in some cases, occur in parallel to an EA.
Canada and B.C. both have statutory EA requirements. As a result, LNG projects may be required
to comply with the Canadian Environmental Assessment Act (CEAA) and the B.C. Environmental
Assessment Act (BCEAA). Under both regimes, EAs are proponent initiated and driven.
It may be beneficial for an LNG project to pursue an EA process that concurrently meets the
requirements for the federal CEAA and the provincial equivalent, the BCEAA. The key to this
strategy is to avoid an EA that encompasses additional associated project components, such as
pipeline and/or power, and focus on the provincial EA process as the principal venue in order to
take advantage of the regulated timelines in BCEAA and provide for efficient concurrent review at
the federal and provincial levels. Management of both federal and provincial EA requirements is
critical to the success of this strategy.
Changes made in 2012 to the CEAA support the replacement of the federal EA process with the
provincial EA process through “substitution” (i.e., one EA process and both the provincial and
federal ministers render a decision on the result), or “equivalency” (i.e., one EA process and a
provincial decision only) on request from the B.C. government. Since 2012, the federal government
has allowed several projects to proceed in B.C. through substitution.
i. Canadian Environmental Assessment Act – Decision Statement
An LNG project will require an EA under the CEAA if it includes one or more activity, such
as a marine terminal, listed in the Regulations Designating Physical Activities.3
The CEAA
assessment is potentially narrower than its provincial counterpart, as the legislation only
requires review of aspects of the environment under federal jurisdiction (such as impacts on
the marine environment, migratory birds and transboundary effects). Review of impacts on
aboriginal communities is also mandated. The CEAA also contains requirements for aboriginal
and public consultation. The end result of the CEAA process is an assessment report from the
Canadian Environmental Assessment Agency, which determines the significance of potential
impacts and makes recommendations on whether or not a project should proceed. The
decision on whether a project can proceed is made by either the Minister of Environment or
the federal Cabinet, depending on the outcome of the EA. If approved, the proponent will be
provided with a Decision Statement, which includes mandatory conditions for the project.
The CEAA process begins with an initial screening process to determine whether a federal
EA is required and whether a panel review is necessary (i.e., where the project is complex
and public interest is elevated). Once the screening is complete, the federal government
will also consider requests for “substitution” or “equivalency” from the province.
2
2 See: Sections 6 and 7 of CEAA and Sections 9 and 10 of BCEAA.
3 Chemical plants were removed from the Regulations in 2013. Thus, the LNG plant itself will not trigger an EA under CEAA.

6. 3OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
If substitution is not ordered, the EA will proceed through a series of steps similar
to those under the BCEAA. These are subject to a number of mandatory decision
points and legislated timelines.
ii. BC Environmental Assessment Act – Environmental Assessment Certificate
The BCEAA Reviewable Project Regulation requires that an EA be completed for
a project that includes a new natural-gas processing plant facility with the design
capacity to process natural gas at a rate of greater than 5.634 million m3
/day.4
Therefore, most, if not all, LNG projects proposed in B.C. will be subject to the
BCEAA. The scope of the EA review and amount of information required is in
part dependent on the complexity of the project and stakeholder (including other
regulatory agencies) level of interest. The end result of the EA is an environment
assessment certificate (EAC).
The BCEAA is overseen by the B.C. Environmental Assessment Office (EAO), a
branch of the Ministry of the Environment. The EAO manages the EA process
within regulated timeframes and has substantial authority under the legislation for
establishing the scope and activities of the process.
The figure below illustrates the BCEAA process:
Environmental Assessment Process
Project
Description
Determination that the
project is reviewable
(Section 10 Order)
Scope and
process review
determined
(Section 10 Order)
Application
information
requirements
(Section 11 Order)
PUBLIC
COMMENT
PERIOD
PUBLIC
COMMENT
PERIOD
(30 days)
Pre-Application Stage
(no timeline)
Application Review Stage
(180 days) Decision
(45 days)
Application
prepared and
submitted
Application
evaluated for
completeness
Certificate
returned
Project cannot
proceed
Certificate
issued
Project authorized
to proceed to
permitting stage
Application
review
Assessment
report
Project decision
by ministers
Further
assessment
required
WORKING GROUP REVIEW
FIRST NATIONS CONSULTATION
NOT APPROVED
APPROVED
4 Plants that have a design capacity of less than 5.634 m3/day will be reviewable if they also produce sulphur emissions ≥ two tonnes/day.

7. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA4
The process under the BCEAA commences with a project description (PD) prepared by the
proponent and submitted to the EAO. There are several aspects of the PD that must be included
in order for the EA to proceed, and therefore, the first portion of the process is an evaluation of
completeness. The EAO will review the package and release a public notice in the form of the
issuance of a section 10 order. A Section 10 order confirms the project is reviewable under the
BCEAA and details the general conditions for the commencement of an EA. The proponent then
works with the EAO to draft the terms of reference or
application information requirements (AIR) for the EA.
A draft is developed and reviewed in consultation with
an EA working group established by the EAO. The
draft AIR is also subject to a public comment period
before it is finalized and a section 11 order is issued,
which directs the proponent to undertake the required
studies and investigations of the environmental
impacts, if any, of the LNG project.
The project proponent will then complete the
investigations and studies required in support of the
development of an EA report, referred to as the EAC
application. There are no legislated timelines for the completion of the studies, and given factors
such as seasonality issues, they can frequently take a year or more to complete. Draft versions of
the EAC application may be reviewed by the EAO and/or an EA working group and, once formally
submitted, will be evaluated for completeness for 30 days. Once accepted as complete by the
EAO, the EAC application is subject to a 180-day legislated review stage that includes both a
public comment period and feedback from the EA working group. The EAO will then generate an
assessment report that will be accompanied by its recommendations on whether or not the project
should be approved and any relevant outstanding issues or conditions that may be required.
The final stage of the EA process is a review of the EAO assessment report and recommendations,
by the provincial minister(s) involved. Over the course of 45 days, the minister(s) will decide
whether the project is approved or not, or whether further assessment is required to render an
approval. If approved, the EAC will then be issued and the project can move to the permitting stage.
In some instances, application for provincial permits can be processed concurrently with the EA.
b. Technical Review Process of Marine Terminal Systems and Transshipment Sites
The Technical Review Process of Marine Terminal Systems and Transshipment Sites
(TERMPOL) is an extensive, voluntary process focusing on vessel safety and vessel operation
in Canadian waters along proposed shipping routes to and from a proposed LNG terminal. The
TERMPOL Review Process 2001 Guidelines (Technical Publication 743) provide a framework
that can be used to determine the studies and technical information required to support the
review. Strategically, the goal for an LNG proponent in participating in the TERMPOL study is
to demonstrate the safety of LNG shipping and the functioning federal regime that governs and
monitors marine safety.
A TERMPOL review committee (TRC) will typically be established under the TERMPOL process
for an LNG project and will likely include representatives from Transport Canada Marine Safety,
Fisheries and Oceans Canada (DFO), Environment Canada, Canadian Coast Guard, Aboriginal
and Northern Development, and First Nations. Once formed, the TRC defines the scope of
study through consultation with the proponent on their proposed activities and the availability of
relevant information.

8. 5OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
Provincial Legislation
a. Oil and Gas Activities Act – Facility Permit
The OGC is responsible for overseeing oil and gas operations in B.C., including exploration,
development and reclamation. The OGC has authority to issue a permit to construct and operate
an LNG facility under the Oil and Gas Activities Act (OGAA) and related regulations.
The OGC has been delegated as the legislative authority under several provincial acts to issue a
variety of permits that may be required for an LNG project, including cutting permits for timber
harvest, Crown land tenure, and those that deal with water crossings, short-term withdrawals
and changes in and about a stream.
The former OGAA Pipeline and Liquefied Natural Gas Facility Regulation was amended in
July, 2014 and bifurcated into two separate regulations: (i) the Pipeline Regulation, which is
now limited to pipeline-related matters in British Columbia, and is distinct from the jurisdiction
and mandate of the British Columbia Utilities Commission pursuant to the provincial Utilities
Commission Act; and (ii) the Liquefied Natural Gas Facility Regulation (LNGFR).
The LNGFR governs the standards that each LNG facility permit applicant, and ultimately permit
holders, must abide by when designing, constructing, operating, maintaining, decommissioning
and reclaiming an LNG facility. In particular, an LNG facility must comply with the standards
published by the Canadian Standards Association as CSA Z276, Liquefied natural gas (LNG) –
production, storage, and handling. The LNGFR covers a wide scope of technical requirements
for LNG facilities, beginning with the LNG facility permit application process, through the
construction, operation, decommissioning and reclamation phases. Notably, the LNGFR sets
forth notice and reporting requirements for all project applicants and permit holders during
various project phases and enables the OGC to make individual facility-specific decisions based
on such reports. Further, the LNGFR sets out overarching occupational health and safety
program requirements, including emergency response planning.
Significantly, the jurisdiction of the LNGFR is limited to LNG facility sites themselves, as opposed
to upstream aspects of natural gas extraction, production and transportation.
The facility permit application includes regulated consultation and notification requirements
associated with the application for both relevant public and First Nation entities.
Concurrently with the release of the LNGFR, the OGC published the Liquefied Natural Gas
Facility Permit Application and Operations Manual (LNG Facility Manual). The LNG Facility
Manual provides an overview of the current provincial LNG scheme, as well as detailed
guidelines for the rules and procedures set forth in the LNGFR. More specifically, it covers
a range of issues relating to the life cycle of an LNG facility, from environmental matters to
shipping, water use, noise control, flaring and venting, engineering and geotechnical matters,
and site restoration post-operations, among many others.
b. Water Act – FLNRO/OGC
The B.C. Water Act requires licensing for use of surface water. Ordinarily, long-term water
licensing under the Water Act is the administrative responsibility of FLNRO. However, the
OGC administers short-term use of water by the oil and gas industry under section 8 of
3

9. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA6
the Water Act. Currently, groundwater use does not require a licence, but this will change in
2015 when the Water Sustainability Act comes into force and the Water Act is repealed. Under
section 140 of the Water Sustainability Act, groundwater users will be required to apply for
licences, and under section 83 of the new act, the Lieutenant Governor in Council will have the
power to restrict or prohibit certain activities in relation to groundwater.
Section 9 of the Water Act and the Water Regulation requires notification or approval of
“changes in and about a stream.” Notifications are typically used for works that do not involve
any diversion of water, may be completed within a short period of time and will have minimal
impact on the environment or third parties. An approval is a written authorization for changes
in and about a stream that are of a complex nature. The OGC also administers approvals
for changes in and about a stream in respect of an oil and gas activity. Section 9 Water Act
applications for project activities often require similar information as those required under
section 35 of the federal Fisheries Act. Provisions similar to section 9 have been included in the
new Water Sustainability Act.
For LNG facilities, fresh water may be needed for water-tower cooling requirements. The water
licences will establish both volume and equipment requirements for use of surface water.
c. Environmental Management Act – Ministry of Environment
The Environmental Management Act (EMA) is the principal environmental statute in B.C.
Under the EMA, waste (which includes air emissions, effluent and refuse) cannot be released
into the environment except in accordance with a permit or a regulation. There are several
LNG project activities that could require EMA permitting. For example, dredge disposal is an
area of activity that will likely require EMA approvals from the Ministry of the Environment
(MOE), depending on the material and the location ultimately selected.
Other project activities that will likely require EMA-related permitting include:
• Wastewater discharge (including cooling water) – effluent permit under section 14
of the EMA
• Storm water management during construction and operations – requires compliance with
the Petroleum Storage and Distribution Facilities Storm Water Regulation
• Any provincial regulated material, for example, mercury removed from natural gas
feedstock in minute quantities. The collection and disposal of mercury would need to
comply with the Hazardous Waste Regulation.
Certain EMA-related permits, such as section 14 EMA permits, are administered by the OGC
in relation to oil and gas activities. Most of these decisions, whether administered by OGC or
the MOE, are subject to a public consultation period.
d. Heritage Conservation Act – Oil and Gas Commission/Forest, Lands and Natural
Resource Operations
A permit is required under the Heritage Conservation Act (HCA) for investigative work to
identify any archaeological, historical and/or paleontological resources that may be found within
the proposed areas of project activities. These permits are usually issued by the Archaeology
Branch of the Ministry of Forest, Lands and Natural Resource Operations (FLNRO). Depending
on the findings of these investigations, a letter of clearance from FLNRO confirming there are
no expected resource impacts associated with the proposed project activities or a section 12

10. 7OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
permit for proposed alterations of identified heritage site(s) would be issued. Alterations
could include various controlled activities under the supervision of qualified professionals,
such as the systematic collection of heritage materials through excavations and/or
measures that prevent any damage to or degradation of the heritage resources.
Pursuant to a protocol agreement between the Oil and Gas Commission (OGC) and FLNRO,
upon completion of archeological impact management measures or the determination that
none are required, the OGC will issue a section 12 permit under the HCA in respect of oil
and gas activities. These efforts and government review cycles can require substantial time
to complete.
e. Public Health Act – Ministry of Health
The operation of a construction camp in the course of an LNG project development is a
regulated activity under the Public Health Act (PHA). A camp operator must comply with
the requirements of the Industrial Camps Regulation to ensure potential risks to human
health are managed appropriately. Depending on the volume of wastewater associated
with the onsite sewage system required to support the industrial camp operation, a
permit pursuant to the Sewerage System Regulation may be required. If the system is
less than the threshold volume (i.e., 22,700 L/day), the regulation under the PHA will ap-
ply. If the system is over the threshold volume, a permit under the EMA is required. This
permitting process is not expected to require a significant amount of time to review or
approve, but the designers of the camp need to be in close consultation with the Health
Authority to ensure full compliance with the requirements.
The other aspect of the camp design that will likely require approval concerns the supply
of drinking water. Depending on the source of the drinking water and whether a water
system is required to be constructed, the Drinking Water Protection Act may apply.
Federal Legislation
a. Fisheries Act – Fisheries and Oceans Canada/Environment Canada
The Fisheries Act prohibits serious harm to fish that are part of a commercial, recreational
or aboriginal fishery, or to fish that support such a fishery. Serious harm to fish includes
harm to fish habitat. The DFO interpretation of commercial,
recreational or aboriginal fishery is broad and likely captures
any fresh or salt-water bodies adjacent to proposed LNG
facilities in B.C.
An LNG proponent whose project has the potential to
result in serious harm to fish (or fish habitat) should
attempt to develop its project in a manner that will not
cause such harm, so that an authorization under the
Fisheries Act is not needed. However, if such harm
cannot be avoided or sufficiently mitigated, authorization
will be needed from the DFO under section 35(2) of the
Fisheries Act to permit such a result.
4

11. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA8
The DFO adopted policies in late 2013 to guide it and proponents on when authorizations will
be issued and what terms are likely to be imposed.
The failure by a proponent to obtain an authorization where harm to fish or fish habitat occurs
(or to comply with one if issued) is an offence.
b. Navigation Protection Act – Transport Canada
The Navigation Protection Act (NPA) requires approval of works that are to be placed on,
over or under certain designated navigable waters, with some exceptions for minor works
that are set out in regulations. “Navigable waters” has been held by the courts to include
any “aqueous highway” that is capable of supporting a vessel of any size (including a raft or
canoe). Approvals are issued by Transport Canada and focus on impacts to navigation.
The NPA prohibits works over navigable waters that are listed in a schedule to the NPA,
which includes three oceans, 97 lakes and 62 rivers across Canada. If a work is proposed
on a Schedule 1 waterbody, a notice of proposed work must be provided to the Minister of
Transport, who will make a determination of whether the work will substantially interfere
with navigation. If the work will not substantially interfere with navigation, then no approval
is required and construction can move forward in accordance with regulations. For works
that will substantially interfere with navigation, an approval is required. Thus, only works
associated with the LNG plant that will substantially interfere with navigation on waterways
listed in the schedule, will require approvals. Furthermore, if a work is included in the
definition of a “minor work” in regulations, the work can be constructed without approval,
provided it complies with any conditions in the regulations in relation to that construction.
The NPA also prohibits dewatering of navigable waters. This prohibition applies to any
navigable water, not just those listed in the schedule. There is no approval power granted to
the minister in respect of such dewatering, although there is a power granted to the federal
Cabinet to order an exemption if it is in the public interest.
c. Canadian Environmental Protection Act – Environment Canada
Environment Canada is the permitting authority for the deliberate disposal of approved
substances at sea under the Disposal at Sea Regulations under the Canadian Environmental
Protection Act (CEPA). Approved substances include dredged material that must be moved to
keep shipping channels and harbours clear for navigation and commerce. Both the proposed
dredged materials and the receiving environment must be reviewed to ensure that the
activities do not result in significant environmental effects.
d. Species at Risk Act – Environment Canada/DFO
The Species at Risk Act (SARA) prohibits the killing, harming or harassing of species listed
as endangered or threatened, the damage and destruction of their residences, and the
destruction of critical habitat that has been identified in a recovery strategy and subject to
a protection order by the minister or the federal Cabinet. While these prohibitions do not
automatically apply to all species throughout Canada, they do apply to aquatic species and
migratory birds. The key risk to be managed for LNG projects will likely be with respect to
marine species, in particular marine mammals that may be impacted by shipping activities.
While SARA does contain provisions for permitting, the conditions for their issuance are
such that they are highly unlikely to be available for LNG-related activities. Therefore,
project planning must include measures to avoid the prohibited impacts and must take any

12. 9OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
recovery strategies into account. Furthermore, SARA mandates specific consideration
and planning for all listed species when an EA under CEAA is conducted, regardless of
whether any prohibitions apply.
e. Railway Safety Act – Transport Canada
Construction of or modifications to railways (e.g., constructing or modifying a siding) to
an LNG project site may require approvals. Obtaining Transport Canada approvals can
often be a lengthy process.
f. Migratory Birds Convention Act – Environment Canada
The Migratory Birds Convention Act (MBCA) and associated regulations set out the legal
requirements for the protection of migratory birds and their nests. Of particular note,
“incidental” impacts on migratory birds’ nests and their eggs are prohibited, and there is
no permitting regime to allow such activity.
Environment Canada provides technical information and key breeding dates as guidelines
to help proponents determine the periods when the risk of destroying a migratory bird nest
or egg, or otherwise contravening the MBCA and regulations is particularly high. Specifics
of the timing and extent of the proposed activities, and the migratory bird species and
their expected use of the project site, need to be taken into account in construction
schedules. Appropriate measures need to be decided on a case-by-case basis, and it is the
responsibility of those in charge of the project to determine these measures.
g. National Energy Board Act – Export Licence
The export of natural gas from Canada requires an export licence issued pursuant to
the National Energy Board Act, which is administered by the National Energy Board
(NEB). The NEB can only issue such a licence for an LNG project if it is satisfied there is
sufficient gas to meet domestic needs.
Other Considerations
A number of other regulatory requirements must be considered. They include, but are not
limited to:
• Early Works/Construction – Typically, project activities will require permits or
approval from the municipality within which the project is situated. Municipalities
derive their authority from the provincial Local Government Act. Examples of municipal
regulatory requirements include permits for land use or development, building permits,
occupancy permits, dust control, noise management and storm water management.
The responsibility for acquiring these permits may be delegated to a prime contractor
along with management of the provincial Occupational Health and Safety Regulation
requirements (discussed below).
• Logistics/Transportation – Equipment and materials being delivered to a facility site via
roads or B.C. railways will need to comply with the provincial Transportation Act and the
requirements of the B.C. Commercial Vehicle Safety and Enforcement (CVSE) agency.
Marine transportation will be subject to all of the federal legislation and international
guidelines for shipping administered by Transport Canada and the Canadian Coast Guard.
5

13. For further information, please contact:
Janice H.Walton
Counsel | Vancouver
janice.walton@blakes.com
+1-604-631-3354
Tony Crossman
Partner | Vancouver
tony.crossman@blakes.com
+1-604-631-3333
Katie Jamieson
Associate | Vancouver
katie.jamieson@blakes.com
+1-604-631-3374
Lars Olthafer
Partner | Calgary
lars.olthafer@blakes.com
+1-403-260-9633
Duff Harper
Partner | Calgary
dufferin.harper@blakes.com
+1-403-260-9710
Sandy Carpenter
Partner | Calgary
sandy.carpenter@blakes.com
+1-403-260-9768
Charles Kazaz
Partner | Montréal
charles.kazaz@blakes.com
+1-514-982-4002
Jonathan Kahn
Partner | Toronto
jonathan.kahn@blakes.com
+1-416-863-3868
Transport Canada also administers the requirements under the federal
Transportation of Dangerous Goods Act. Any imported materials, equipment
or commercial goods will be subject to the federal legislation that is
operationally managed by the Border Services Agency. This includes tariffs,
duties, prohibitions, inspections, etc.
• Health and Safety – Typical requirements include construction health
and safety, workplace insurance, drug and alcohol prohibition, etc.
Requirements are defined as applicable under the Occupational Health and
Safety Regulation, the Workers Compensation Act, the Skills Development
and Labour Statutes Act, the Railway Safety Act, the Employment
Standards Act and the Safety Standards Act. Additional LNG facility-specific
health and safety requirements, specifically emergency response planning,
are also outlined under the LNGFR.
• Hazardous Substances - A management plan for toxic or hazardous substances (as identified
under CEPA or the EMA’s Hazardous Waste Regulation) is typically required. This would
generally be developed and addressed during the EA.
This guide is intended as an introductory summary. Specific advice should be sought in connection
with particular projects or transactions.

14. © October 2014 Blake, Cassels Graydon LLP