Process overview, timeline and benefits

New Brunswick’s Environmental Impact Assessment (EIA) process and its benefits for sustainable project development.

Overview

An Environmental Impact Assessment is a method used to identify and evaluate the potential environmental effects of a proposed project early in the planning stage. It helps find ways to prevent negative impacts on the environment or reduce them to acceptable levels before they happen. There are two types of reviews: determination reviews and comprehensive reviews.

The determination review is robust and includes a Technical Review Committee (TRC) of subject matter experts and specialists in their respective fields from provincial, federal and local governments to ensure all potential impacts of the project are reviewed and addressed, as appropriate. The determination review also allows for opportunities to clarify specific technical issues and request supplementary studies where necessary to address concerns identified during the review that may not have been included in the registration document.

Proponents are required to engage with First Nations, stakeholders, and the public as part of the Determination review process. Upon completion of the engagement program, the proponent is required to summarize the issues raised, and submit a report to the department. No decision is made until all the relevant technical issues identified throughout the review have been addressed as appropriate.

At the end of a determination review, the minister may decide that a comprehensive review is warranted. Comprehensive reviews are generally required for large scale heavy industrial projects such as large, complex mines, oil refineries, nuclear facilities or facilities involving new, un-proven technology with potentially significant impacts that are not well understood.

Environmental Impact Assessment reviews are important because they:

  • ensure that potential environmental, socioeconomic and human health impacts have been addressed
  • enhance transparency of the provincial government’s decision-making process
  • result in a more sustainable project design

Benefits

The Environmental Impact Assessment reviews identify potential harmful effects of development projects early on and suggest actions to avoid or reduce these effects to acceptable levels before they occur.

In New Brunswick, EIA reviews have protected: 

  • human health by identifying water quality and quantity issues and identifying required treatment to ensure safe drinking water
  • human safety by identifying potential areas at risk of flooding and incorporating mitigation measures
  • wetlands through the redesign of developments to avoid or mitigate impacts
  • road safety through traffic studies that identify needed lane, signage or traffic flow modifications
  • habitat through the management of mine tailings
  • fish populations by managing the introduction of non-native fish species to New Brunswick
  • air quality through management of emissions from projects
  • archaeological artifacts through the identification and avoidance of archaeologically significant areas

These types of reviews are now one of the most widely used environmental management tools in the world.

Download the printable format of the Benefits of Environmental Impact Assessment (PDF 4.6 MB).

Determination review process and timeline

Determination reviews take, on average, six months. Complex projects can take longer to review. The steps are as follows:

  • Screening: contact the Department of Environment and Local Government as early as possible to learn if the proposed work requires an EIA review.
  • Registration: submit a registration document that describes the location, activity, existing environment, potential impact and proposed avoidance or mitigation measures for the proposed work.
  • Review: the submitted registration document is reviewed by a Technical Review Committee.
  • Engagement: proponents must undertake engagement activities (and registration documents are posted on the provincial government’s EIA website so the public, stakeholders and First Nations community members can review and provide feedback. From there, project-related feedback is addressed by the developer.
  • Outcome: an EIA review has three possible outcomes:
    • the proposed project can proceed, subject to conditions
    • the proposed project requires a more in-depth Comprehensive EIA review (fewer than 1% of completed EIA reviews are subject to comprehensive reviews)
    • the proposed project is denied (fewer than 0.5% of completed EIA reviews are denied)

Download the printable format of the overview of the Environmental Impact Assessment (EIA) process (PDF 858 KB).

Comprehensive review process

The Province has a constitutional obligation to consult with First Nations if an action or decision has the potential to adversely impact Aboriginal and treaty rights. The Duty to Consult with First Nations and the EIA are two separate and distinct processes that complement one another and occur in parallel. For more information, visit the Duty to Consult with First Nations webpage.

First Nations may choose to provide input through both the EIA and the Duty to Consult process, if applicable.

1. EIA guidelines
  • Government subject matter experts prepare draft EIA study guidelines.
  • EIA Branch publicly releases the draft EIA guidelines for review and input.
  • EIA Branch considers input received and prepares the final EIA guidelines.

Members of the public and First Nations have the opportunity to provide input to the creation of the EIA guidelines. These project-specific guidelines respond to the scope of the proposed project and its location, by describing the topics and issues that must be addressed by the proponent during the EIA Study.

2. Terms of reference
  • Proponent prepares draft terms of reference for the EIA study in response to the final EIA guidelines and engages public and First Nations on the draft terms of reference.
  • Government subject matter experts review the results of the engagement and the draft terms of reference, and request revisions as required.
  • EIA Branch approves the final terms of reference.

There is an opportunity for the public and First Nations to engage directly with the proponent by reviewing and commenting on the proponent’s draft terms of reference. This is the proponent’s proposed “road map” for the EIA study, describing how they intend to examine the topics and issues raised in the guidelines.

EIA study
  • Proponent conducts the EIA study according to the approved final terms of reference.
  • Proponent prepares a draft EIA report.
3. Review of EIA report
  • Government subject matter experts review the draft EIA report and request revisions as required.
  • EIA Branch publicly releases the complete final EIA report, a report summary, and a statement describing the results of the review by subject matter experts.

    • Once the EIA study has been completed and the proponent has submitted the report to the department, the department will release the full report and a summary, along with a statement describing the results of the review of the report by the Technical Review Committee. Members of the public and First Nations can now review this material and prepare to participate in public meetings led by an independent panel of experts (below).

4. Independent review panel
  • Independent review panel leads engagement and prepares the summary report and recommendations for government.

Those wishing to provide further comment can participate by speaking at public meetings held by the independent review panel, and can also make written submissions to the panel.

5. Decision
  • Minister reviews the panel’s recommendations, recommendations from the EIA Branch and the outcome of the Duty to Consult process.
  • Decision by Government.

Up to 15 days after the date of the last public meeting held by the panel, additional written comments may be submitted to the department. At the end of the 15-day period, a summary of public participation is prepared by DELG based on the written briefs submitted to the Minister, transcripts of public meetings, and any additional comments received following the final public meeting. This summary is released publicly, and copies are sent to every identified person who participated in the public meeting(s). At the same time, the full package of EIA documentation, including the public participation summary, and information regarding the outcome of the Duty to Consult process, if applicable is forwarded to the minister for final consideration and decision by Government.