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Operational Procedures for the Review
of the Eastmain-1-A and Rupert Diversion Project

Hydro-Québec and its subsidiary, the Société d'énergie de la Baie James (the "Proponents"), propose to carry out the Eastmain-1-A and Rupert diversion project (the "Project"). This Project is subject to the environmental assessment procedures set forth in Section 22 of the James Bay and Northern Québec Agreement (the "JBNQA"), in Chapter II of Québec's Environment Quality Act, and in the Canadian Environmental Assessment Act.

The governments of Canada and Québec and the Cree Regional Authority (the "CRA") have signed a coordination agreement (the "Agreement") with respect to the environmental assessments for this Project. Under this Agreement, the provincial Environmental and Social Impact Review Committee (better known by its acronym the "COMEX") and the federal review panel (the "Panel"), created under the JBNQA and the above-mentioned legislation, must endeavour to coordinate and harmonize in so far as possible the review processes applicable to the Project (see list of COMEX and Panel members in Appendix 1). The Agreement further provides for the creation of a Public Information Office (PIO) which will serve as a reference centre for the filing and distribution of Project review documents and information. This Office is capable of communicating in the French, English and Cree languages (see contact information in Appendix 2).

In order to comply with the Agreement and to facilitate the public's full participation in the review process, the Panel and the COMEX (hereinafter referred to as the "review bodies") have developed joint operational procedures of a general nature, as well as detailed provisions for obtaining the public's views on the conformity of the impact statement. These procedures are intended to ensure that all interested groups and individuals have the opportunity to participate in the process in a fair and effective manner. Complementary operational procedures concerning public hearings will be published at a later date.

Steps completed

1. On November 29, 2002, the Proponents registered a project notification form with the appropriate authorities.

2. From May 9 to July 8, 2003, a public consultation was held as part of the process of formulating directives for the preparation of an impact statement.

3. On August 14, 2003, directives for the preparation of the impact statement were forwarded to the Proponents.

4. On November 1, 2004, the appointment of Panel members and the Panel's terms of reference were announced ¹.

Future steps

1. The impact statement is filed by the Proponents.

2. The review bodies evaluate the conformity of the impact statement, which include holding a public consultation based on written comments, issuing a compliance statement and if necessary:

• holding a technical information meeting with the Proponents;

• issuing a request for additional information;

• filing of additional information by the Proponents; and

• determining the adequacy of this additional information and, if necessary, issuing a new information request, along with the attendant steps.

3. Public hearings are held on the impacts of the Project.

4. The review bodies draft their report and submit it to their authorities.

Based on the schedule outlined in the Agreement, the duration of the review, from the time the complete version of the impact statement is submitted, and excluding the time required for the Proponents to prepare any additional information, should not exceed 15 months.

General provisions

1. The Panel is required to enter into the public registry any information, report, document or study submitted by any source, in accordance with the provisions of the Canadian Environmental Assessment Act. Some information may be protected, depending on the laws that apply. Information entered into the public registry can be accessed at the locations indicated in Appendix 2.

2. The COMEX will submit documents it deems to be of public interest, to the PIO.

3. The internal discussions of the review bodies are confidential.

4. All the documents produced and made public by the review bodies must be made available in both official languages. Some of these documents may be translated into Cree when the review bodies deem it appropriate to do so.

Operational procedures

1. Submission of the impact statement - The review bodies will make the complete version of the impact statement public upon receipt and issue a news release to this effect. The response of the Proponents to the directives, the supporting documentation and the synthesis report are all part of the complete version of the impact statement. Copies of the impact statement and the synthesis report in both official languages (the summary of the synthesis report will also be translated into Cree), as well as the supporting documentation will be made available for public consultation in paper and electronic versions at the locations indicated in Appendix 3.

2. Conformity of the impact statement - At this stage, the review bodies must determine whether the impact statement contains adequate information to enable them to proceed with public hearings, taking into account the written comments they have received through the public consultation process and their own review of the impact statement. The review bodies' conclusions are to be made public through a news release.
   

   Provisions governing the public consultation on the conformity of the impact statement: the consultation process, which is to commence on the day the complete version of the impact statement is published, will involve the submission of written comments by mail, fax or e-mail. No consultation sessions for oral presentations are planned. The public will be given at least 90 days to submit its views on the conformity of the impact statement; in the days following the submission of the impact statement, the review bodies will notify the public of the duration and closing date of the public consultation by: issuing a news release; publishing a notice in the newspapers identified in Appendix 4; and forwarding the news release and notice to all concerned parties. the news release and notice will be posted on the websites of the ministère de l'Environnement du Québec, the Canadian Environmental Assessment Agency, and the PIO; comments submitted by members of the public will be made public within 5 days of receipt; members of the public are required to submit their comments to the secretariat of one of the review bodies or to the PIO, no later than midnight on the final day of the public consultation; and a technical information meeting between the review bodies and the Proponents may be held during the public consultation period. The public will be invited to attend as observers. This meeting will be announced through the means identified in the second point in these provisions.

   If, based on the public consultation and their own analysis, the review bodies determine that the impact statement provides sufficient information, they will announce that public hearings are to be held, in accordance with section 3. below. However, if the review bodies determine that they do not have sufficient information to proceed, a request for additional information will be issued to the Proponents and the review bodies will make this request public by means of a news release.

   If the Proponents are asked to submit additional information:

   1. the review bodies will make this additional information available to the public upon receipt and will issue a news release to this effect. Copies of this information in both official languages will be made available for public consultation in both paper and electronic versions at the locations indicated in Appendix 3. The review bodies will then determine whether it is advisable to receive written comments from the public on the relevance and adequacy of the additional information;

   2. the review bodies will determine whether they have sufficient information to proceed with public hearings;

   3. if the review bodies conclude that the impact statement and the additional information are sufficient to proceed with public hearings, they will announce the public hearings in accordance with section 3. below; and

   4. if, after reviewing the additional information, the review bodies determine that this information does not adequately address their request, they will issue a new request for information to the Proponents and make this request public by means of a news release. Paragraphs a. to d. above will apply to the review of any additional information provided by the Proponents.

3. Public hearings - After determining that they have sufficient information to proceed with public hearings, the review bodies will issue detailed procedures for these hearings, including notification of the schedule and location. Public hearings will be held in the communities of Mistissini, Nemaska, Waskaganish, Wemindji, Eastmain and Chisasibi, as well as in Chibougamau and Montréal. A notice will appear in the newspapers identified in Appendix 4 at least 45 days before the start of the public hearings. These hearings will provide an opportunity for the Proponents, the authorities and the public to present their views on the impacts of the Project. These hearings will ensure that all issues connected with the review bodies' terms of reference receive a full and thorough review.

4. Report - Upon completion of the public hearings, the review bodies will draft a report which will include, without being limited thereto: a description of the review process, a summary of public comments, as well as the review bodies' rationale, conclusions and recommendations. The review bodies will submit this report to their respective authorities.

Communication

Groups and individuals who wish to participate in the review must communicate with the PIO or with the secretariat of one of the review bodies (see contact information in Appendix 1), if they have not already done so, to have their names added to the (postal or electronic) mailing list of parties interested in the review and for any other information.

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¹ Please note that the COMEX is a permanent agency whose mandate is defined in Section 22 of the JBNQA. The task of reviewing the Project is entrusted to the COMEX by the Provincial Administrator when the latter forwards the impact statement.

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Appendix 1
Composition of Review Bodies and
Contact Information of their Respective Secretariats

Panel members:

Bernard Forestell, Chair
Philip Awashish
Jocelyne Beaudet
Brian Craik
Pierre Magnan

COMEX members:

Clément Tremblay, Chair, Québec
Philip Awashish, CRA
Daniel Berrouard, Québec
Brian Craik, CRA
Bernard Harvey, Québec

Contact information of Panel Manager:

Eric Giroux
Panel Manager
1141, route de l'Église, 2^nd Floor
Sainte-Foy, QC G1V 4B8
Tel.: (418) 649-6442
Fax: (418) 649-6443
eric.giroux@ceaa-acee.gc.ca

Contact information of COMEX Secretary:

Michael O'Neill
Secretary, COMEX
675 René-Lévesque Blvd. East
Marie-Guyart Building, 6th Floor, Box 83
Québec City QC G1R 5V7
michael.oneill@menv.gouv.qc.ca
Tel.: (418) 521-3933, Ext. 7255
Fax: (418) 646-0266

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Appendix 2
Locations Where the Public Registry May Be Consulted

Public Information Office
277 Duke Street (Office 103)
Montréal QC H3C 2M2
Tel.: (514) 871-8378
Tel.: (877) 880-8378 (toll free)
www.bip-pio.qc.ca

Canadian Environmental Assessment Agency
Place Bell Canada, 22nd Floor
160 Elgin Street
Ottawa ON K1A 0H3
Tel.: (613) 957-0573
www.ceaa-acee.gc.ca

Bibliothèque municipale de Chibougamau
601 3rd Street
Chibougamau QC G8P 3A2
Tel.: (418) 748-2497

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Appendix 3
Locations Where the Impact Statement May be Consulted

Public Information Office
277 Duke Street (Office 103)
Montréal QC H3C 2M2
Tel.: (514) 871-8378
Tel.: (877) 880-8378 (toll free)
www.bip-pio.qc.ca

Canadian Environmental Assessment Agency
Place Bell Canada, 22nd Floor
160 Elgin Street
Ottawa ON K1A 0H3
Tel.: (613) 957-0573
www.ceaa-acee.gc.ca

Canadian Environmental Assessment Agency
Québec Regional Office
1141 route de l'Église, P.O. Box 9514
Ste-Foy QC G1V 4B8
Tel.: (418) 649-6444


Bibliothèque municipale de Chibougamau
601 3rd Street
Chibougamau QC G8P 3A2
Tel.: (418) 748-2497


Ministère de l'Environnement
Centre de documentation
675 René-Lévesque Blvd. East
Marie-Guyart Building, Main Floor
Québec City QC G1R 5V7
Tel.: (418) 521-3821
www.menv.gouv.qc.ca

Local Environmental Administrators:

Chisasibi - Tel.: (819) 855-2878

Eastmain - Tel.: (819) 977-0211

Mistissini - Tel.: (418) 923-3253

Nemaska - Tel.: (819) 673-2512

Oujé-Bougoumou - Tel.: (418) 745-3911

Waskaganish - Tel.: (819) 895-8650

Waswanipi - Tel.: (819) 753-2587

Wemindji - Tel.: (819) 978-0264

Whapmagoostui - Tel.: (819) 929-3384

Hydro-Québec
Centre de documentation
75 René-Lévesque Blvd. West
Montréal QC H2Z 1A4
Tel.: (514) 289-2211, Ext. 4928
www.hydroquebec.com

Université du Québec à Chicoutimi
Bibliothèque Paul-Émile-Boulet
555 Boul. de l’Université
Chicoutimi QC G7H 2B1
Tel.: (418) 545-5011, Ext. 2305

Université du Québec à Montréal
Bibliothèque centrale
Pavillon Hubert-Aquin
Service des publications gouvernementales
400 Sainte-Catherine Street East, local A-2103
Montréal QC H2X 3R9
Tel.: (514) 987-3000, Ext. 4312

Université du Québec en Outaouais
Bibliothèque
Pavillon Lucien-Brault
101 Saint-Jean-Bosco Street, local B-1009
P.O. Box 1250, Hull Branch
Gatineau QC J8X 3X7
Tel.: (819) 773-1624

Université du Québec à Trois-Rivières
Bibliothèque
Pavillon Albert-Tessier
3351 Boul. des Forges, P.O. Box 500
Trois-Rivières QC G9A 5H7
Tel.: (819) 376-5005

Université du Québec de l’Abitibi-Témiscamingue
425 Boul. du Collège, P.O. Box 8000
Rouyn-Noranda QC J9X 5M5
Tel.: (819) 762-0931, Ext. 1339

McGill University
McLennan Library
Government Information Service
3459 McTavish Street
Montréal QC H3A 1Y1

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Appendix 4
Selected Newspapers for Publication of Notices

French-language dailies:

La Presse (Montréal)
Le Soleil (Québec)
Le Devoir (Montréal)
Le Droit (Ottawa/Gatineau)
Le Nouvelliste (Trois-Rivières)

French-language weeklies:

La Sentinelle (Chibougamau)
Le Citoyen de la Vallée d'Or (Val d'Or)

English-language daily:

The Gazette (Montréal)

English-language weekly:

Nunatsiaq News

English-language, semi-monthly:

The Nation