Projects that must be registered under the Environmental Impact Assessment (EIA) regulation

The Department of Environment and Local Government’s Environmental Impact Assessment registration process is being modernized through the development of an online portal. Before submitting registration documents, please contact the branch at [email protected] or 506-444-5382 for assistance with the new online registration process. Unless otherwise specified, fees exclude the harmonized sales tax (HST).

For proponents intending to modify, extend, expand or reconstruct an existing facility should also refer to the department’s Policy on Modification, Extension or Rehabilitation of an Undertaking under New Brunswick’s Environmental Impact Assessment Regulation.

This category includes mines of any type that will be used to extract any mineral for commercial gain.

Registration fee: $5,500

Examples of projects that require registration:

• a new mine for the purpose of extracting minerals
• decommissioning, rehabilitation and clean-up of a mine or a location where extraction occurred, or a location where commercial processing, washing, crushing, milling, refining or smelting of a metallic or non-metallic mineral took place
• extraction of a soluble mineral by injecting and recovering water or another fluid 

Projects that meet all the following criteria do not require registration for bulk sampling:

• acid rock drainage potential: the sample is not taken from a location with a high potential to produce acid rock drainage
• environmental sensitivity: the sample is not taken from an environmentally sensitive area, as defined by the Department of Environment and Local Government in consultation with other departments or agencies
• sample size: less than 4,000 tonnes

This section includes electric power generating facilities with a combined production rating of three megawatts (MW) or more.

Registration fee: $5,500

Projects involving one or more generators, turbines, or devices (e.g., solar panels) that convert energy sources—such as thermal, atomic, wind, solar, or tidal—into electricity and have a combined production capacity exceeding 3 MW must be registered.

Types of projects that do not require registration:

• adding solar panels to a building
• installing or constructing an emergency standby generator
• routine or other maintenance activities that do not increase electricity production capacity or result in increased emissions of contaminants to the environment

This category includes any dam or artificial lake created to store water for any purpose, with a storage capacity, and all water reservoirs created to store water for any purposes, with a storage capacity of more than ten million cubic metres require registration.

Registration fee: $5,500

Types of projects that do not require registration:  

Dike, dam or reservoir restoration and maintenance activities (routine or otherwise) that are not designed to affect the water level within a reservoir and will not result in the discharge of a contaminant to the environment.

This section covers all electric power transmission lines exceeding sixty-nine thousand volts in capacity or five kilometres in length, including power lines constructed on poles or in a trench that exceed the specified capacity or length thresholds. 

Registration fee: $5,500

Projects that require registration:

• a new power transmission line or realignment of an existing power transmission line requiring an uninterrupted length of more than five kilometres of new right-of-way
• a new power transmission line or upgrade to an existing transmission line that will exceed 69 thousand volts in capacity

Projects that do not require registration:

• construction or reconstruction of a transformer station that is not part of an undertaking
• the construction of a new electric power transmission line of any length where not more than five kilometres of uninterrupted new right-of way is required
• the dismantling and abandonment of an electric power transmission line less than five kilometers in length
• vegetation removal within an existing power transmission right-of-way using tools, machinery or the application of herbicides

This category includes any communication systems that use wires that are mounted on poles or laid in a trench to transmit information and that exceed the specified length threshold.

Registration fee: $2,750

A new communications transmission line or realignment of a communications transmission line requiring an uninterrupted length of more than five kilometres of new right-of-way requires registration. 

The following are examples of projects that do not require registration:

• lines installed to connect a building or a property (i.e., a customer) to a transmission line
• routine or emergency maintenance of communications transmission systems
• the construction of a communications transmission line of any length where not more than 5 uninterrupted kilometres of new right-of way is required
• the dismantling and abandonment of a communication line
• the installation of a communication line that takes place on existing telecommunication or transmission line infrastructure and within an existing right-of-way
• vegetation removal within an existing right-of-way using tools, machinery or the application of herbicides

This category includes any project that will extract or process any combustible material that may be used as an energy source. Examples include the production of oil, gas, coal or plant-based alcohols. Wood harvested for burning is excluded.

Registration fee: $5,500

The following are examples of projects that require registration:

• a natural gas processing plant
• a uranium mine, coal mine, oil well, or natural gas well
• all facilities and activities associated with harvesting of forest biomass for use in energy production
• production of biogases produced from organic materials by anaerobic digestion
• production of charcoals, biochar or other fuels or substances derived from wood or biomass
• production of hydrogen

The following are examples of projects that do not require registration:

• extracting animal or vegetable oil from local organic materials at less than 1,000 litres per day for less than one year
• producing soil amendments (like biochar), biogases or fuels from organic matter for the facility owner’s on-farm use (not for commercial sale)
• testing new technology or methods at an existing extraction or processing facility before starting full-scale production 

This category covers mining or drilling in the ocean (i.e., on submerged, provincial Crown land).

Registration fee: $5,500

Examples of projects that require registration:

• all offshore drilling mining or extraction of oil, natural gas or minerals
• associated land-based processing facilities such as laydown areas, fabrication yards, etc. intended to support the above offshore activities

Routine maintenance activities at existing facilities do not require registration.

This category includes pipelines constructed above or below the ground that transport something other than water, steam or sewage and that exceed the specified length threshold. Pipelines that are subject to an application under the indicated provincial acts or are regulated by the Canada Energy Regulator (formerly called the National Energy Board) are exempt.

Registration fee: $2,750

The following are examples of projects that require registration:

• changing the flow direction, or purpose of an existing pipeline over an uninterrupted length of greater than 5 kilometres
• constructing a new pipeline having more than 5 kilometres of uninterrupted length within an existing right-of-way
• constructing a new pipeline where more than a total of 5 kilometres of new right-of way is required

The following are examples of projects that do not require registration:

• a pipeline of any length where less than a 5-kilometre uninterrupted total length of new right-of way is required
• all or part of a gas pipeline, up to and including the meter, that is used to distribute gas to a building

This category includes bridges that are at least 250 metres long and are supported by at least one pier located between the riverbanks and causeways of any length that may restrict the flow of water.

Registration fee: $2,750

The following are examples of projects that require registration:

• a causeway that may restrict the flow or water or may have an impounding effect on upstream surface waters
• a multiple span bridge with a total, cumulative span length of 250 metres or more

The following are examples of projects that do not require registration:

• a multiple span bridge less than 250 metres long
• a single span bridge (i.e., no intermediate piers located between the abutments)
• routine maintenance and repair of a bridge or causeway

This category includes any new highway section or continuous re-alignment section that exceeds 5 kilometers in total length.

Registration fee: $5,500

The following are examples of projects that require registration:

• all new highway alignments (e.g., twinning or realignments) proposed over a total length of more than 5 kilometres
• all new highways having an uninterrupted length of more than 5 kilometres

The following are examples of projects that do not require registration:

• construction and operation of borrow pits for highway maintenance
• improvements to existing highways that are located entirely within an existing right-of-way
• installation of drainage features such as catch-basins, ditches or storm sewers within an existing right-of-way
• installation of noise barriers or fencing, including wildlife fencing
• installation of traffic safety and control systems such as guide rails or median barriers
• intersection improvements to a highway where the total length of work outside an existing right-of-way is 5 kilometres or less
• maintenance and operation of highways
• new highway projects located outside an existing right-of-way that are 5 kilometres or less in total length
• new highway signage or lighting
• new streets or sidewalks constructed by a local government
• removal of vegetation from within an existing right-of-way
• resurfacing a highway with no change to its alignment

This section covers facilities involved in the commercial processing or treatment of timber resources, excluding fuelwood, maple sugaring, shingle mills and sawmills producing less than 100,000 board feet annually.

Registration fee: $5,500

Types of projects that require registration:

• construction of laminated wood structural members
• facilities for extracting chemicals, compounds, or elements from wood or forest biomass
• manufacturing of veneer, plywood, particle board or waferboard
• paper mills
• production of pressure-treated, chemically treated, or heat-treated wood products
• pulp mills

The following facilities do not require registration:

• facilities for collecting and processing maple sap for syrup or sugar production
• facilities for manufacturing wood products such as furniture, cabinets, boxes, pallets or containers
• facilities solely for sorting and recycling paper, cardboard, wood, or wood products, unless chemical de-inking occurs
• harvesting of firewood or biomass for heat production
• shingle mills and sawmills producing less than 100,000 board feet annually

This category addresses projects aimed at bringing a non-native plant or animal species to New Brunswick and the focus is on species that could cause ecological harm if they escape into the wild.

Registration fee: $1,100

There are a few exceptions which acknowledge, for example, the use of such species for research purposes and certain on-going commercial uses such as zoos, pet stores or aquariums.

Other exceptions include projects that comply with certain other policies, protocols and regulations such as Agriculture Canada’s captive wildlife and non-native species regulations and handling protocols.

The following are examples of projects that require registration:

• commercial fish farming operations involving the rearing of non-indigenous fish species
• importing from out-of-province, non-indigenous species for commercial game farms
• species introductions for the purpose of the establishment of wild populations of non-indigenous fish or wildlife

The following are examples of projects that do not require registration:

• aquaculture facilities that can demonstrate compliance with the New Brunswick rainbow trout aquaculture policy
• commercial farming involving the importation and rearing of ratite species (ostrich, emu, rhea, etc.) provided that the project meets conditions established by the province and all Agriculture Canada quarantine and animal health inspection and importation requirements
• importing and sales of species by zoos, pet stores and aquariums
• importing biological control agent projects for which an approval has been obtained from the Canadian food inspection agency under the Plant Protection Act
• importing gallinaceous birds kept in captivity in accordance with a game bird farm licence or a pheasant preserve licence issued under the Fish and Wildlife Act
• importing species (including genetically modified species) that will be contained in a laboratory
• when introduced by government, universities, botanical/horticultural gardens and research centres for research and evaluation purposes, all cultivated plant species and varieties and all plant species and varieties

This category includes facilities such as landfills for industrial or municipal solid waste, permanent facilities for waste incineration and industrial wastewater treatment systems.

Registration fee: $5,500

Dredge material disposal sites accepting 10,000 or more cubic metres of material are also included. Municipal sewage treatment systems are addressed separately in category (n). Exceptions include composting facilities, waste transfer stations and recycling facilities where no waste is disposed of on site.

The following are examples of projects that require registration:

• dredge material disposal sites accepting 10,000 or more cubic metres of material
• facilities for the incineration of municipal, industrial or other waste
• facilities for the thermal or chemical combustion, conversion or treatment of agricultural waste, industrial waste or municipal solid waste
• facilities for the treatment or disposal of hazardous waste materials including but not limited to chemical, medical or radioactive wastes
• landfills for municipal, industrial or other waste
• pre-treatment systems implemented at an industrial facility for the purpose of treating an industrial effluent prior to release to a municipal sewer system
• wastewater disposal wells
• wastewater treatment systems including but not limited to facilities using techniques such as adsorption, coagulation, ozonation, membrane filtration, ion exchange, chemical oxidation and biological treatments, etc.

The following are examples of projects that do not require registration:

• a dredge material disposal site with a cumulative (total) disposal amount of less than 10,000 cubic metres of material
• a facility designed solely for the in-situ remediation of contaminated soils
• a facility for recycling of waste that is not imported from out-of-province and where disposal of residual waste occurs at another location
• all composting facilities
• all construction and demolition debris sites
• establishing a transfer station for waste that is not imported from out-of-province and where the waste is treated, processed or disposed of at another approved location
• on-site disposal of animal carcasses in accordance with approved practices or guidelines such as Canadian food inspection agency requirements and/or New Brunswick’s abattoir waste and carcass disposal guidelines (PDF 836 KB)

Note: Direct application of biosolids on land in New Brunswick is not permitted.

This category is intended to capture all projects that involve the importation of waste into New Brunswick for any purpose. In general, the department does not support waste importation unless it provides some benefit to the province (for example, it is recycled to create a value-added product).

Registration fee: $5,500

Projects and facilities involving the importation of waste into New Brunswick for any purpose require registration.

The following are examples of projects that do not require registration under item (m.1) of Schedule A:

• activities involving waste that originated in New Brunswick (exported, then re-imported)
• the importation of packaging and paper products (PPP) provided that:
• any residual waste from the PPP sorting process is suitable for disposal at an existing approved regional municipal solid waste disposal facility
• the PPP is collected and sorted at an existing, approved regional municipal solid waste disposal facility and is reused for another beneficial use or converted to a value-added product

The department does not support importing waste unless it meets one of these conditions:

Recycling or reuse

The waste can be recycled, reprocessed, reused, or turned into a value-added product, with any leftover waste either:

• fully recycled or reused 
• sent back to its original location

Multi-jurisdictional program

The waste is part of a waste management program that the provincial government has officially endorsed and participates in.

Economic necessity 

The waste is like what is already produced in the province and importing it is essential for the economic sustainability of a local waste management system.

Environmental benefit

Recycling or reusing waste provides an overall environmental benefit to the province. Any leftover waste must be suitable for disposal at a regional landfill and the local solid waste commission must agree to accept it.

This category addresses facilities for the treatment and/or disinfection of municipal sewage. These include things such as sewage lagoons to settle out solids, sewage aerators to breakdown waste, facilities for chlorination or ultraviolet treatment to remove pathogens, etc.

Registration fee: $2,750

The category also includes other (non-municipal) facilities for the treatment and/or disinfection of sewage. The following are examples of projects that require registration:

• facilities for the treatment and/or disinfection of municipal sewage
• other (non-municipal) facilities for the treatment of sewage, excluding on-site sewage disposal systems as defined in the Public Health Act
• sewage treatment and disposal sites that receive hauled septage (e.g. from septic tank pump-outs) and discharge treated or untreated effluent to the environment

The following are examples of projects that do not require registration:

• all new sewage collection systems as well as extensions and replacements of existing collection systems including sewers, lift stations and force mains
• repairs and maintenance on existing sewage treatment facilities

This category is intended to capture: 

• fundamentally changing the purpose, classification, use or management plan of an existing park
• the closure of a national or provincial park
• the creation of a new national or provincial park
• the designation of land for a proposed park
• the removal of a park designation from land

Registration fee: $2,750

The following are examples of projects that require registration:

• fundamentally changing the purpose, classification, use or management plan of an existing national or provincial park (for example, changing the fundamental use of a park or a portion of a park from wilderness protection to intensive recreation)
• the closure of a national or provincial park
• the creation of a new national or provincial park
• the designation of land for a proposed national or provincial park
• the removal of a national or provincial park designation from land

Leasing park facilities such as campgrounds or concessions do not require registration for operation by a third party.

This category is intended to capture projects that entail:

• a fundamental change in key features of an existing recreational or tourism development (e.g., the visitor capacity, timing of uses and activities, size of physical footprint etc.,) that has the potential to result in environmental impacts
• a new recreational or tourism development having the potential to cause an environmental impact because of a change in land cover or land use, increased vehicular traffic, visual impact, noise, impacts to water quality, etc.

Registration fee: $1,100

The following are examples of projects that require registration:

• a new golf course
• a new ski hill
• a new trail system greater than 2 kilometres long intended for use by motorized vehicles

The following are examples of projects that do not require registration:

• a “zip-line” or “tree-go” facility
• a new trail system intended for non-motorized use (i.e., for pedestrians, bicycles etc.)
• construction of a building, arena or other enclosed facility intended for recreational use (e.g., an arena, theatre, etc.)
• installation of boardwalks
• modification or demolition of land-based recreational buildings
• removal of beach wrack, seaweed or other debris from a beach

This transportation-related category is intended to capture facilities such as marinas, breakwaters, docks, marine terminals and other facilities for on-loading and off-loading cargo, vehicles or passengers and maintaining and refueling vessels, airports, railroads and railyards.

Registration fee: $2,750

The following are examples of projects that require registration:

Ports and harbours

• a new drydock or shipyard
• a new freshwater or marine ferry terminal for vehicles or pedestrian traffic
• a recreational marina that includes a breakwater, a fuel dispensing facility or a permanent dock with mooring space for motorized watercraft
• construction of a breakwater

Railroads

• an increase in the physical footprint (area in square units) of a rail yard or intermodal facility
• new rail lines exceeding 5 kilometers in length

Airports

• Any new airport on land or water

The following are examples of projects that do not require registration:

Ports and harbours

• an increase in the physical footprint of a small craft harbour if the size of the expansion is an increase of 25% or less; and the size of the expansion is less than 10,000 m2
• installation of a temporary wharf required for land-based construction work
• installation of floating docks intended for seasonal use
• periodic maintenance dredging for an existing facility, designed to maintain (not increase) its capacity
• repairs to a damaged wharf or breakwater
• within the footprint of an existing facility, addition of shore-based structures and facilities such as cranes, parking areas, loading bays, offices, warehouses, etc.

Railroads

• a new segment of railway line in a new right-of-way less than 5 kilometres long
• new railway sidings or loading/unloading areas within an existing rail yard or intermodal facility or those located entirely within an existing industrial site
• revisions to existing trackwork, relocated or new switches or signal systems when limited to existing line
• the construction, installation, expansion or modification of an automatic warning structure at a railway level crossing
• twining or upgrading an existing railway line within an existing right-of-way or within the footprint of an existing rail yard

Airports

• installation or modification of aircraft maneuvering lights or navigation aids for aircraft
• work concerning only the construction of hangers or administrative buildings or intended for air traffic control or meteorological monitoring

The following are examples of projects that require registration:

• a drainage ditch, canal, channel, waterway dam, dyke, tunnel or pipe that, by means of a gradient alteration or a pump, at a location 500 metres or more upstream of a natural discharge location to the ocean, captures and re-directs stream flow and conveys it directly to the ocean
• a drainage ditch, canal, channel, waterway, dam, dike, tunnel or pipe that, by means of a gradient alteration or a pump, captures and re-directs surface flow/run-off to a drainage basin other than one to which the water would naturally flow
• discharge of groundwater extracted from one drainage basin to the surface or subsurface of another drainage basin

Registration fee: $1,100

The following are examples of projects that do not require registration:

• diversion or channeling of flow emerging from an artesian well
• drainage captured and diverted due to grading, piping or ditching necessary to accommodate a runway, highway or railway
• drainage diversions constructed as water intakes as part of a new municipal water supply
• maintenance activities (routine or otherwise) to existing diversions, provided that the activities are not designed to change the amount of water that is diverted and will not result in the discharge of a contaminant to water
• temporary flow diversions required as part of construction work
• work intended only for wildlife management with the intention of improving the biodiversity or wildlife habitat of a location

This category covers projects that will include the extraction of surface or groundwater for any intended use. A project must be registered if the capacity of the proposed waterworks (i.e., development or project) is greater than 50 cubic meters (50,000 litres, or 11,000 imperial gallons) of water in a 24-hour period.

Registration fee: $1,100

The following are examples of projects that require registration:

• commercial or industrial developments serviced by one or more private wells that collectively exceed the stated capacity threshold
• multi-unit residential and recreational developments on a shared water supply if the collective capacity of the residential development exceeds the stated capacity threshold of 50 cubic metres of water in a 24-hour period
• new municipal water supplies or expansions of existing municipal water supplies
• open loop earth energy systems that exceed the stated capacity threshold in appendix b of the open loop earth energy system guidelines (PDF 372 KB)
• permanent irrigation systems (agriculture, golf course, etc.) that exceed the stated capacity threshold of 50 cubic metres of water in a 24-hour period

Proponents of residential and recreational developments shall use the values listed below to calculate the water supply capacity of their project:

• 1br dwelling unit = 750 litres per day
• 2br dwelling units = 1022 litres per day
• 3br dwelling units = 1365 litres per day
• 4br dwelling units = 1705 litres per day
• cabin resorts = 450 litres per bedroom per day
• luxury camps (glamping) with private bathrooms = 370 litres per person per day

Example scenario: A residential development consisting of 25 x two-bedroom units AND 20 x three-bedroom units would require: (25 x 1022 litres per day) + (20 x 1365 litres per day) = (25,550 litres per day + 27,300 litres per day) = 52,850 litres per day or 52.85 cubic metres per day, therefore; EIA registration is required.

The following are examples of projects that do not require registration:

• all new water distribution systems including pumphouses, pumps, reservoirs and water treatment plants as well as extensions and replacements or existing distribution systems
• pumping or extraction of ocean water provided it is not discharged to freshwater whether above or below the ground
• residential and recreational developments on a shared water supply if the collective capacity of the water supply is less than 50 cubic metres of water daily, based on the calculations mentioned above (provided they do not require registration under other items of schedule a, such as (p), (t), or (v), etc.)

A new residential development in which the total cumulative area of all phases (proposed and future) exceeds the 30-hectare threshold and is serviced by any of the following require registration: 

• individual on-site septic systems
• individual private wells
• one or more private communal wastewater systems
• one or more private communal water supplies

Registration fee: $1,100

The following are examples of projects that do not require registration:

• a new residential development in which the total cumulative area of all phases (current and future) does not exceed the 30-hectare threshold
• a new residential development regardless of total cumulative area in which both the water supply and the wastewater system are owned or operated by a local government or a water or wastewater commission established under section 15.2 of the Clean Environment Act

Note that for residential developments that will make use of communal water and wastewater systems, the department will typically require that a public entity (a local government or a commission) own and maintain the sewer and water infrastructure associated with the development.

This category is intended to protect special features of New Brunswick’s environment such as: 

• natural or built environmental features that are tourist attractions at the provincial, national or international scale
• species at risk
• species or features that are limited or scarce within the province 

Examples include King’s Landing, Acadian Village, Le Pays de la Sagouine, Hopewell Rocks, species at risk as defined in provincial or federal legislation, etc.

Registration fee: $1,100

The following are examples of projects that require registration:

• a project that has the potential to adversely affect a place of provincial cultural significance including but not limited to King’s Landing, Acadian Village, Le Pays de la Sagouine, Hopewell Rocks, etc.
• a project that has the potential to affect a species at risk as defined in provincial or Canadian federal legislation including but not limited to the Wood Turtle, Piping Plover, Bank Swallow, etc.

Modification, alteration or demolition of a building or structure located within an area where an archaeological heritage preservation bylaw is in effect do not require EIA registration.

If the project footprint will occupy two or more hectares in total and there are at least two hectares of wetland on site, then the project may require registration under the Environmental Impact Assessment Regulation. Please see the examples below for clarification. 

Registration fee: $1,100

Note: Anyone intending to do an alteration (i.e. construction, demolition, cutting trees, earth moving, placing of fill, landscaping, etc.) in or within 30 metres of a watercourse or a wetland must obtain a Watercourse and Wetland Alteration Permit.

The following are examples of projects that require registration:

• projects that will directly/permanently affect two or more hectares of wetland including but not limited to:
• draining two or more hectares of wetland
• placing fill in two or more hectares of wetland

The following are examples of projects that do not require registration:

• beaver dam management and removal
• temporary bridges
• timber harvesting or removal of non-merchantable woody vegetation
• wetland restoration/rehabilitation activities

This category covers activities such as processing nuclear waste to create fuel for an atomic reactor, or processing nuclear waste prior to its storage, containment, or disposal.

Registration fee: $5,500

Projects that require registration:

• concentration of a solid, liquid or gas naturally occurring radioactive material (NORM) that would result in enhancing or increasing its radioactivity
• extraction or separation or treatment of naturally occurring radioactive material from water generated by subsurface drilling, including but not limited to, oil and gas exploration and development
• the construction of a facility that manufactures, concentrates, processes, reprocesses, or stores nuclear waste or nuclear fuel
• the construction of a facility used for extracting, enriching, concentrating, processing or storing radioactive elements or radioactive compounds

Projects that do not involve the processing of radioactive materials do not require registration.