Environmental Impact Assessment (EIA) in New Brunswick Environmental Impact Assessment Branch Department of Environment & Local Government David Maguire - April 19, 2018

Presentation Outline: Environmental Impact Assessment (EIA) – Background & Benefits The EIA Process in NB Open Discussion/Questions

Environmental Impact Assessment (EIA) – Background Definition: A process through which environmental impacts (biophysical, social & economic) potentially resulting from a proposed project, are identified and assessed (early in the project planning phase). Objective: To help decision-makers make well-informed decisions related to proposed projects/activities.

EIA Process – Background/Benefits: Project planning tool – avoid, mitigate, compensate (project optimization) Proactive versus reactive (cheaper) One window to Gov’t for Major Projects Assist project proponents with planning & identification of all requirements (permits & approvals) Satisfy consultation requirements (regulators; FNs; public; stakeholders) – demonstrate due diligence/minimize opposition

The EIA Process in NB: NB Environmental Impact Assessment Regulation (87-83) – Clean Environment Act Canadian Environmental Assessment Act 2012* Allows harmonizing of provincial and federal processes when both are required. *Note – review of federal process currently underway

The NB Process - Registration If a project is of a type that is listed in Schedule A of the EIA Regulation, then it must be registered with DELG for EIA review. 24 triggers listed in Schedule A 2 tracks of assessment: Determination Review, and Comprehensive Review

Following Registration: All projects are reviewed by a Technical Review Committee (TRC): Determination reviews; and Comprehensive EIAs Technical Review Committee (TRC): Federal, Provincial and Municipal Representatives; Review project details/identify & assess impacts; and TRC is tailored to each individual project

Following Registration Cont’d: Proponent registers the project EIA Branch Assembles Technical Review Committee (TRC) Proponent Responds to Issues and Concerns Raised by TRC, stakeholders, and Aboriginal groups EIA Branch Circulates to TRC

Following Registration Cont’d: EIA Branch Prepares Recommendation to the Minister Determination Stage (Decision by Minister) Comprehensive EIA not Required Comprehensive EIA Required Approved with conditions Approved without conditions Not approved

Thank you, Questions & Open Discussion:

Schedule A: (a) all commercial extraction or processing of a mineral as defined in the Mining Act; (b) all electrical power generating facilities with a production rating of 3 megawatts or more; (c) all water reservoirs with a storage capacity of more than 10 million cubic metres; (d) all electric power transmission lines exceeding 69 thousand volts in capacity or 5 km in length; (e) all linear communication transmission systems exceeding 5 km in length; (f) all commercial extraction or processing of combustible energy-yielding materials, except fuelwood;

Schedule A: (g) all offshore drilling for, or extraction of, oil, natural gas or minerals; (h) all pipelines exceeding 5 km in length, except water, steam or domestic wastewater pipelines; (i) all causeways & multiple-span bridges; (j) all major highway projects involving either a significant length of new highway alignment or a major upgrading or widening of an existing highway resulting in a change in its intended use or classification; (k) all facilities for the commercial processing or treatment of timber resources other than fuelwood, except maple sugaries, shingle mills and sawmills producing less than 100 thousand foot board annually;

Schedule A: (l) all programs or commercial ventures involving the introduction into NB of plant or animal species which are not indigenous to NB; (m) all waste disposal facilities; (m.1) all disposal, destruction, recycling, reprocessing or storage of waste that originates outside NB & all facilities or systems for the disposal, destruction, recycling , reprocessing or storage of such wastes; (n) all sewage disposal or sewage treatment facilities, other than domestic, on-site facilities; (o) all provincial or national parks; (p) all major recreational or tourism developments, including developments which consist of changing the use of the land so that it is used for recreational or tourism purposes;

Schedule A: (q) all ports, harbours, railroads or airports; (r) all projects involving the transfer of water between drainage basins; (s) all waterworks with a capacity greater than 50 m3 (50,000L) of water daily; (t) all major residential developments outside incorporated areas; (u) all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment; (v) all enterprises, activities, projects, structures, works or programs affecting 2 hectares or more of bog, marsh, swamp or other wetland; and (w) all facilities for the processing of radioactive material.

EIA - Methodology: Project Description Existing Environmental Information Issues Scoping (ECCs…VECs) Aboriginal Consultation Public Consultation Other Stakeholder Input Assessment of Project Activities on VECs Mitigation Residual Impact Rating Environmental Management & Follow-Up

COMPREHENSIVE REVIEW APPROVAL GRANTED PREPARATION AND RELEASE OF STUDY GUIDELINES PUBLIC REVIEW OF DRAFT GUIDELINES AND TERMS OF REFERENCE ABORIGINAL REVIEW OF DRAFT GUIDELINES AND TERMS OF REFERENCE PROPONENT PREPARES AND SUBMITS TERMS OF REFERENCE FOR EIA FURTHER STUDY AS REQUIRED BY REVIEW COMMITTEE PROPONENT PREPARES AND SUBMITS THE EIA REPORT PUBLIC CONSULTATION AS DESCRIBED IN FINAL EIA GUIDELINES REVIEW COMMITTEE REVIEWS EIA REPORT ABORIGINAL CONSULTATION AS DESCRIBED IN FINAL EIA GUIDELINES RELEASE OF REVIEW STATEMENT AND EIA SUMMARY FOR PUBLIC REVIEW COMPREHENSIVE REVIEW PUBLIC MEETING(S) CHAIRED BY PANEL SUMMARY OF PUBLIC CONSULTATION IS RELEASED BY DEPARTMENT OF ENVIRONMENT APPROVAL DENIED DECISION BY LIEUTENANT-GOVERNOR IN COUNCIL APPROVAL GRANTED PROPONENT OBTAINS ANY OTHER REQUIRED APPROVALS AND MUST COMPLY WITH THE CONDITIONS OF THE EIA APPROVAL