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Hazardous waste incinerator in Belledune, New Brunswick

Petition

ENVIRONMENTAL PETITION

10 June 2004

Office of the Auditor General of Canada,
Attention: Commissioner of the Environment and Sustainable Development,
Petitions
240 Sparks St.,
Ottawa, Ont.
K1A 0G6

Dear Commissioner Gélinas:

RE: Bennett's High Temperature Thermal Oxidizer—Belledune, N.B.

The Canadian Environment Assessment Agency recently published its long-awaited report regarding the above and has indicated that it will now refer the issue to a panel for review.

Meanwhile, the Government of New Brunswick has published an unsigned draft indicating that Bennett Inc. will be issued a permit to operate valid from 1 July 2004. Under the heading Emergency Reporting the draft reads as follows "After hours if there is no answer at the Regional Office contact the Canadian Coast Guard 1-800-565-1633."  What would be the role of the Coast Guard?

In the past Bennett has denied that they would burn PCB's. However the above-mentioned draft lists (among other contaminants) maximum allowable concentrations for PCB's, chlorinated hydrocarbons, and furans/dioxins.

A recent land-registry map obtained from Service New Brunswick indicates two areas within Renviro Park (the actual location of the incinerator is in this Park) as belonging or having belonged to the port.

It appears that all the land within Renviro Park once belonged to Ports Canada or the Port of Belledune. How did it become what is now described as a "non-profit industrial park"?

The Chairman of the Board of Directors for the Belledune Port Authority is also a member of the Board of Directors for Renviro Park. Bennett Inc. also has representation on the Board of Directors for Renviro Park.

Mr. John Bennett of Bennett Inc. has stated that he chose to build the plant in Belledune because he received a letter from the Port Authority to "come and see if it was feasible" (The Moncton Times and Transcript, 16 Jan. 2004).

Will the Government of Canada impose a moratorium on the operation of Bennett's facility at least until the panel has reviewed all the facts?

Thank you.

[Original signed by Jean La Pointe]

Jean La Pointe,
112 La Pointe Rd.,
Nash Creek, N.B.
E8G 1B4

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Minister's Response: Environment Canada

October 28, 2004

Mr. Jean La Pointe
112 La Pointe Road
Nash Creek, New Brunswick
E8G 1B4

Dear Mr. La Pointe:

I am writing in response to your Environmental Petition No. 117 to the Commissioner of the Environment and Sustainable Development, concerning Bennett Environmental Inc.'s proposed thermal oxidizer project in Belledune, New Brunswick. Your petition was received in the Department on June 30. My response is limited to matters for which I have authority, that is, the federal environmental assessment.

On June 14, my predecessor announced the referral of the project to a federal review panel. The review panel was to examine the project's potential environmental effects in the province of Quebec, on the Gesgapegiag, Eel River Bar, Listuguj and Pabineau First Nations reserve lands, and in the waters of the Baie des Chaleurs (transboundary environmental effects).

The decision to refer the project to a panel was challenged in Federal Court by the proponent and, subsequently, the Court ordered that the referral be quashed.

On September 28, the Attorney General and I announced the federal government's appeal of that decision. We appealed to safeguard the integrity of the Canadian Environmental Assessment Act. I believe that an environmental assessment of the potential transboundary environmental effects of this project is necessary and appropriate. I have instructed officials to proceed with the appeal as expeditiously as possible.

I appreciate your interest in this issue.

Yours sincerely,

[Original signed by Stéphane Dion, Minister of the Environment]

Stéphane Dion

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Minister's Response: Fisheries and Oceans Canada

October 27, 2004

Mr. Jean La Pointe
112 La Pointe Road
Nash Creek, New Brunswick
E8G 1B4

Dear Mr. La Pointe:

Thank you for your letter of June 10, 2004, regarding environmental petition no. 117 and corresponding inquiry regarding the role of the Canadian Coast Guard (CCG). Your letter has also been referred to my colleague, the Minister of the Environment, who will respond to your questions relating to his mandate.

The 1-800 number referenced in the petition is that of the Regional Operations Centre and is used to report marine pollution in the Maritimes Region. These reports are forwarded to the CCG, which is responsible for conducting an initial assessment of the report, investigating the incident and taking the necessary actions to ensure an appropriate response.

The CCG is the lead response agency in the case of ship-source spills and is responsible for protecting the marine environment and related interests through preparedness, monitoring and responding to ship-source marine pollution. Further information on the mandate of the CCG related to ship-source marine pollution response can be found in the Oceans Act, the Canada Shipping Act and, to some extent, in the Fisheries Act and the Arctic Waters Pollution Prevention Act.

Thank you once again for bringing this to my attention.

Yours truly,

[Original signed by Geoff Regan, Minister of Fisheries and Oceans]

Geoff Regan