Terms of Reference

Science Review of the Labrador Shelf Offshore Area Strategic Environmental Assessment Update

Regional Science Response Process – Newfoundland and Labrador Region

May 25, 2021
Virtual Meeting

Chairpersons: David Cote and Dale Richards

Context

The Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) is the lead authority responsible for the administration of the regulations pertaining to all oil and gas exploration and production in the Canada-Newfoundland and Labrador (NL) Offshore Area. The C-NLOPB is mandated by the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (the Accord Acts), which govern all offshore petroleum activities in the Canada-NL Offshore Area. The C-NLOPB is responsible for issuing licenses, permits, and authorizations for exploration and development in a manner that is, among other things, consistent with environmental protection.

Under the bilateral Memorandum of Understanding (MOU) between Fisheries and Oceans Canada (DFO) and the C-NLOPB, DFO provides advice to the C-NLOPB pursuant to DFO’s responsibilities under the Fisheries Act, Oceans Act, and Species at Risk Act. The bilateral MOU also sets out how DFO and the C-NLOPB collaborate in a number of areas related to offshore petroleum activities, including project-specific environmental assessments (EAs) and Strategic Environmental Assessments (SEAs).

Since 2002, the C-NLOPB has been conducting SEAs of portions of the Newfoundland and Labrador Offshore Area that may have the potential for offshore oil and gas exploration activity. A SEA is a planning tool used by decision-makers to identify the potential issues and opportunities that may be associated with a plan, program, or policy proposal. It allows for the incorporation of environmental considerations at the earliest stages of program planning; it differs from an EA or impact assessment (IA) because it does not assess a specific project and does not result in the approval of any development. A SEA involves a broader-scale (i.e. macro level) EA that considers the larger ecological setting, rather than a project-specific (i.e. micro level) EA that focuses on site-specific issues with defined boundaries. Notably, the accuracy of information in a SEA is important as it is a tool for informing for future project-specific EAs/IAs within a smaller defined study area. For a project or activity to be given approval to occur, a project-specific EA/IA must be completed and the proponent must comply with any conditions arising from the assessment. The C-NLOPB or the Impact Assessment Agency will engage DFO for expert advice and information as per existing MOUs during these project-specific assessments.

In August 2008, the C-NLOPB published the SEA for a portion of the Labrador Shelf Offshore Area. This is an area along the coast of Labrador that is known to contain oil and gas reserves but currently has no active exploration or production licenses. The original SEA provided information on the existing environment within the Labrador Shelf Offshore Area and identified key environmental features and considerations that may be associated with future oil and gas activities. In late 2017, a process to update the SEA was initiated, focusing on new information to describe the existing environment that has become available since the original SEA report. Text from the original SEA report has been carried over into the update where information has not changed. The C-NLOPB recently requested review of the draft SEA update report by DFO NL Region. Following its detailed review of the updated SEA, the Fish and Fish Habitat Protection Program (FFHPP) of the Ecosystems Management Branch in the NL Region has requested that DFO Science undertake a review of updated sections of the report. The Science review will be utilized by FFHPP to assist in formulating a departmental response on the draft SEA update report to the C-NLOPB.

Objectives

Ecosystems Management submitted the following sections of the updated SEA for review by DFO Science:

• 4.4 Met-Ocean Conditions
• 4.5 Oceanography
• 4.7 Climate Change
• 5.2 Plankton
• 5.3 Corals and Sponges
• 5.4 Invertebrates
• 5.5 Fish Species
• 5.6.1.1 Wolffish (Atlantic, Northern, Spotted)
• 5.6.1.2 Atlantic Salmon
• 5.6.1.3 White Shark
• 5.6.1.4 American Eel
• 5.9 Data Gaps
• 6.1 Overview
• 6.2 Mysticetes
• 6.3 Odontocetes
• 6.4 Marine Mammals and Species at Risk and Species of Conservation Concern
• 6.5 Sea turtles
• 6.6 Pinnipeds
• 6.10 Data Gaps for Marine Mammals and Sea Turtles
• 8.1.1.3 Ecologically and Biologically Significant Areas
• 8.1.1.4 Significant Benthic Areas
• 8.3 Data Gaps
• 10.4.1 Marine Research

DFO Science was asked to review the above sections of the updated draft SEA with the following objectives:

• Is the information provided for the existing environment of the Labrador Shelf Offshore Area accurate at the broad-scale (i.e. macro level) and based on the most recent information available?
• Are there any key species and/or environmental features of the Labrador Shelf Offshore Area that have not been included in the report that would improve understanding of the existing environment at a strategic environmental assessment broad-scale (i.e. macro level)?

DFO Science may also review other sections of the updated draft SEA not listed above.

Expected Publications

• Science Response

Expected Participation

• DFO Science, NL Region
• Ecosystems Management, NL Region

References

• DFO. 2014. Science Review of the Eastern Newfoundland Strategic Environmental Assessment (SEA). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/035.