Thank you for your co-addressed August 29, 2006 correspondence concerning the operation of the asphalt plant on the Tsuu T’ina First Nation and applicable environmental legislation. I met with Chief Big Plume of the Tsuu T’ina First Nation on September 1, 2006, to discuss the concerns that you and fellow residents of Calgary have brought to my attention. I assure you that the Department is most concerned with the issues that you have raised.

 

The Province of Alberta governs the operation of asphalt plants in Alberta under the Code of Practice for Asphalt Paving Plants, which are incorporated by the Substance Release Regulation (A.R. 124/93) under the authority of the Environmental Protection and Enhancement Act. Asphalt plants operating on federal lands, however, are not subject to provincial requirements. As such, departmental officials identified the need for a permit under section 28(2) of the Indian Act and an environmental screening under the Canadian Environmental Assessment Act (CEAA) in order to properly address operational requirements and environmental concerns of the asphalt plant.

 

In accordance with the CEAA, the environmental assessment was prepared by the proponent and submitted to Indian and Northern Affairs Canada on August 30, 2006, for review. Once this review is complete, the Department will develop a screening report which will also be made available to the public for comment. Following the public comment period, the Department is required to make a decision on the project. If allowed to proceed, the permit is developed using the conditions outlined in the Code of Practice and may be more stringent than operational requirements for asphalt plants located off reserve. The permit will incorporate the technical components of the Code of Practice, consider site specific environmental concerns, request restoration plans and provide termination conditions in the case of non-compliance. The Department will

 

encourage the Nation to operate within the terms and conditions of the permit, but if it is determined that the plant poses a health risk to Nation members or the public, the Department will do everything within its power and authority to have the plant shut down until remedial action is taken.  

 

Please be assured that the Department will do its utmost to ensure that the asphalt plant is permitted and operated in an acceptable manner.

 

Sincerely,
Original signed by
a signé l’original

 

The Honourable Jim Prentice, PC, QC, MP

 

c.c.: The Right Honourable Stephen Harper, PC, MP
        The Honourable Rona Ambrose, PC, MP