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

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

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. Thank you, Questions & Open Discussion:

11. 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;

12. 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;

13. 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;

14. 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.

15. 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

16. 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