e-4804 (Environment)

The Impact Assessment Act (IAA) and its regulations establish the legal framework for federal impact assessments. Under subsection 9(1) of the IAA, the Minister of Environment and Climate Change (the Minister) has the authority to designate a project that is not listed in the Physical Activities Regulations if, in the Minister’s opinion, the carrying out of the project may cause adverse effects within federal jurisdiction or direct or incidental adverse effects. The Minister’s authority to designate a project is typically exercised under exceptional circumstances, where the project has the potential to cause adverse effects in areas of federal jurisdiction and where there are no other regulatory oversight mechanisms to address these effects.

Subsection 9(7) of the IAA prohibits designation of a project if the project has substantially begun or a federal authority has made a decision under another Act of Parliament that permits the project to be carried out, in whole or in part.

On March 30, 2023, the Minister received a request to designate the Hartlen Point Land-Based Testing Facility Project (the Project) proposed by the Department of National Defense.

On July 6, 2023, the President of the Impact Assessment Agency of Canada, on behalf of the Minister, issued a response to the request to designate the Project and concluded that the Minister cannot designate the Project as it had substantially begun:

• Land clearing of the 6.75-hectare surface area for the project was completed.
• Levelling, grading, and laying of gravel to upgrade the existing single-lane dirt road to a double-lane road was completed.
• An active osprey nest and platform were relocated ahead of the bird-nesting season to mitigate potential effects to the nest and osprey.

Through the Canadian Surface Combatant (CSC) project, the Government of Canada is procuring 15 new state-of-the-art warships to bolster Canada’s naval capabilities at home and abroad, for decades to come. This project will replace both the Iroquois-class destroyers and the Halifax-class multi-role patrol frigates with a single class of ship capable of meeting multiple threats on both the open ocean and the highly complex coastal environment.

To help bring these ships into service and support them throughout their lifecycle, National Defence is building a land-based testing facility (LBTF) on a portion of its land at Hartlen Point in Eastern Passage, Nova Scotia. The LBTF will allow National Defence to house, test, and evaluate CSC systems, including electronic, radio and radar systems, in order to ensure that they function correctly before being installed on the ships. As there are no existing facilities capable of supporting this type of testing for CSC in Canada, National Defence is delivering this new, purpose-built testing facility in order to carry out the rigorous tests required to ensure that these ships are sea-ready.  

As this project moves forward, National Defence remains committed to doing our part to leave a healthy environment for future generations of Canadians and to meeting the targets set in the Greening Government Strategy.

Parts (b) & (c)

Between 2020 and 2021, National Defence identified five potential locations for construction of an LBTF, including: Bedford Basin, Berguson’s Cove, Osborne Head, Canadian Forces Base (CFB) Halifax – Stadacona, and Hartlen Point. National Defence instructed Irving Shipbuilding Industries (ISI) – the shipbuilder – to conduct an analysis of these locations through its existing CSC design contract.

The final report delivered by ISI provided an overview of capacity for land-based testing; recommendations around what capabilities should be tested at the LBTF; site selection criteria based on these anticipated testing requirements; and building and operational costs for the proposed LBTF. Additionally, as requested by National Defence, the report provided an analysis of the five proposed sites, and ultimately recommended that the LBTF be built at Hartlen Point. While each of the five sites met a number of the identified evaluation criteria, only Hartlen Point was found to meet all essential requirements for the project. Essential requirements included proximity to CFB Halifax and ship-building facilities; adequate space to house personnel, equipment, and systems; direct coastline access; inter-operability with existing electronic range; minimal radio frequency interference with existing public or commercial radio frequency signals; and the ability to properly secure the facility.

National Defence continues to proactively communicate the details of the LBTF project to the local community and the wider public, particularly through the CFB Halifax Trident Navy Newspaper (https://tridentnewspaper.com/lbtf/). This includes details on the LBTF site selection process, why National Defence requires an LBTF to support the CSC project, and presentations made at community engagement sessions held in March 2022 and January 2023. Additional studies, reports, and other documentation, such as environmental assessments, can also be found on the Trident website.

Part (d)

A decision towards permanent protections falls outside of the National Defence mandate. However, there are numerous existing environmental policies, plans and programmes that guide positive environmental stewardship and protect species at risk on National Defence property in the Halifax region, including Hartlen Point. For example, there is a Natural Resource Management Plan (NRMP) in place for Hartlen Point, which ensures continued stewardship of ecological resources in the area, consistent with federal direction. The NRMP also provides strategies for the maintenance or enhancement of biodiversity, so that National Defence activities do not have an adverse effect on local flora and fauna.

Additionally, the LBTF will be constructed and will operate in full adherence with environmental legislation and guidelines, in order to mitigate effects to the environment. For example, National Defence will design the facility to meet green building objectives for net-zero readiness and to achieve Green Globes certification. As a result, the LBTF will produce zero or negative greenhouse gas emissions over the course of an average operating year. Achieving the Green Globes certification will require that the LBTF undergo a comprehensive assessment process that evaluates its performance in many key areas, including energy efficiency, indoor air quality, water conservation, materials selection, and site selection and development. Efficiency in all of these aspects of the LBTF’s design will ensure that impacts to Hartlen Point’s wetlands and wildlife are minimized.