Environmental and land information
“environmental effect” means, in respect of a project,
(effets environnementaux)
(a)
any change that the project may cause in the environment; and
(b)
any change to the project that may be caused by the environment.
“environmentally significant area” means an environmentally significant area identified in the data base of environmentally significant areas administered by the Minister of Environment and Climate Change on behalf of the Nature Trust of New Brunswick Inc. (zone écologiquement importante)
“sensitive feature” includes an environmentally significant area, wetland, erodable soil or aquatic habitat and any other area deemed by the Board to be a sensitive feature. (milieu écosensible)
8(2)Where a applicant applies for a permit
(a)
for a pipeline that will affect a sensitive feature, or where the Board so directs, an application for a permit under Part 2 of the Act or an application to discontinue the operation of a pipeline under subsection 22(1) of the Act shall be accompanied by the information required by subsections (4) to (21) and a copy of the environmental protection plan required under subsection 19(1) of the
Pipeline Regulation -
Pipeline Act, 2005, or, if an environmental protection plan has not been completed, a copy of the proposed environmental protection plan; or
(b)
for a pipeline that will not affect a sensitive feature and where the Board has made no direction under paragraph (
a) for a permit under Part 2 of the Act, the application shall include a copy of the environmental protection plan required as part of the Operations and Maintenance Manual referred to in section 26 of the
Pipeline Regulation - Pipeline Act, 2005, or, if an environmental protection plan has not been completed, a copy of the proposed environmental protection plan.
8(3)The information required under subsection (4) to (21) may be provided in the form of a class environmental assessment, where all sensitive features that will be affected by the pipeline can be assessed and all environmental effects can be mitigated in the same manner.
8(4)With respect to the environment and lands information, the application shall contain evidence to show that all environmental issues have been addressed and that the applicant is committed to resolving those issues during construction and operation of the pipeline and to ensuring that throughout project development the environment and landowners’ rights will be considered and protected.
8(5)The evidence referred to in subsection (4) shall include a description of the project and its construction schedule, including
(a)
an identification of the environmental issues;
(b)
a summary of those aspects of the project which could reasonably be expected to affect sensitive features;
(c)
a discussion of the proposed mitigation measures to address any environmental issues identified in paragraph (
a);
(d)
an identification of any knowledge gaps related to the environmental issues; and
(e)
a discussion of the steps proposed to address the knowledge gaps.
8(6)The project description referred to in subsection (5) shall include
(a)
with respect to the location of land and land rights for the pipeline
(i)
the description of the project location and its termini,
(ii)
the names of federal, provincial and local government authorities and any other appropriate organizations contacted to ascertain location feasibility, and
(iii)
a statement setting out the constraints or approvals noted by the authorities and organizations indicated in subparagraph (ii); and
(b)
with respect to the location of land or land rights for installations other than line pipe to be added to existing systems
(i)
the description of the location and purpose of the proposed installations,
(ii)
the site plan of the proposed installation, showing
(A)
the dimensions of the proposed site, including the location of the applicant’s existing easement, and
(B)
the proposed layout of the required installations within the site, and
(iii)
the present zoning and designation of the preferred site and the zoning, designation and current land use of the surrounding properties.
8(7)The application shall include a description of the environment as it exists prior to the commencement of construction work and which may be affected by the project in sufficient detail to permit identification of potentially adverse environmental effects, both short term and long term, which are expected to be caused by the project.
8(8)The application shall include
(a)
an identification of the project’s probable environment interactions, an analysis of the likelihood of occurrence of these, an evaluation of their potentially adverse effects and a detailed analysis of the application of mitigative measures to avoid or minimize these effects, and a description of any federal, provincial or local government approvals that must be obtained and their status;
(b)
a description of the social and economic trends in the study area and an analysis of the likely effects of the project; and
(c)
a description of any cumulative environmental effects that may result from the project, in combination with past, existing and future projects and activities which interact with the project, based on
(i)
a list of all such other interacting projects and activities,
(ii)
a description of the interactions between the proposed project and other projects and activities, and
(iii)
a description of the interactions among project components.
8(9)The application shall include a description of the mitigation measures that are technically and economically feasible to be used to ensure that the potentially adverse environmental effects are minimized, including a description of the condition to which the applicant intends to restore and maintain the right-of-way once construction has been completed.
8(10)Where environmental information and recommendations have been provided to the applicant by a consultant and used in the application, the application shall include a statement by the applicant with respect to the acceptance of and intended adherence to those recommendations.
8(11)The application shall include for construction a description of the applicant’s actual or proposed environmental management program, including identification of environmental effects, environmental monitoring programs, follow-up programs, environmental contingency plans and an environmental protection plan and its plans for environmental education of its own and its contractors’ personnel.
8(12)The application shall include evidence that the applicant has developed, or is in the process of developing, an environmental management system that meets or will meet the requirement of the International Organization for Standardization “ISO” 14000 or a similar standard.
8(13)The application shall include a description of the applicant’s program for the environmental education of appropriate personnel, to ensure they are aware of their role in the protection of the environment.
8(14)The application shall include a statement of the applicant’s policies which are directed at promoting sound environmental management by measures such as the training and employment of local residents, the use of local suppliers, and consultative networks with local residents, governments and service and interest groups.
8(15)The application shall include, with respect to waste management for the project,
(a)
a general description of wastes associated with the project, including any toxic substance to be used during the construction and operation of the pipeline;
(b)
a general assessment of the probable effects upon humans, animals and the environment of any accidental release of any toxic substance;
(c)
the general procedures to be used in the handling, storage, use or disposal of any toxic substance and a statement of the qualifications or selection criteria for any company which the applicant employs or intends to employ to store or dispose of such substances; and
(d)
the procedures to be used for the clean-up of any accidental release of any toxic substance, including procedures for calling 1-800-565-1633 to report emergencies.
8(16)The application shall include a description of
(a)
the proposed control structure of the applicant, including the identification of authorities responsible for assessing enhancement and mitigative measures and for ensuring that obligations with respect to those measures are met;
(b)
the policy and procedures for the implementation of environmental inspection during construction and operation of the pipeline;
(c)
the on-site inspection procedures and staff responsibilities;
(d)
the training and experience requirements for the applicant’s staff who will be undertaking environmental inspection responsibilities; and
(e)
the rationale for the training and experience standards set with respect to the qualifications of the environmental inspector.
8(17)The applicant shall provide a copy of any references used in support of the environmental impact assessment, if requested to do so by the Board.
8(18)The application shall include a description of the applicant’s plans to carry out additional environmental and siting studies, including, but not limited to,
(a)
the purpose of the additional studies;
(b)
the proposed scheduling for the studies and the rationale for this scheduling;
(c)
the methodology proposed for the studies;
(d)
the educational and experience qualifications of the party responsible for completing each study; and
(e)
the range of potentially adverse environmental effects which may be identified by these studies, and the associated mitigative measures that the applicant proposes to undertake in the event that these adverse effects are identified.
8(19)The application shall include a list of non-government and government agencies or organizations contacted to discuss environmental matters related to project development, together with a brief outline of the topics discussed.
8(20)An application under subsection 25(1) of the Act to abandon a pipeline which results in installations being permanently removed from service shall include, in addition to the other information required, a description of
(a)
the methods to be used for site assessment, which shall be consistent with applicable engineering codes or government-approved guidelines;
(b)
the methods to be used for the clean-up of any contaminants found on site;
(c)
the methods to be used for the disposal of all equipment and all wastes, including specific disposal sites; and
(d)
the methods to be used to restore the land to a condition similar to the surrounding environment and consistent with previous use.
8(21)The applicant, in meeting the requirements of this section, shall comply with any guideline or standard for preparing an environmental assessment provided by the Minister of Environment and Climate Change.
2006, c.16, s.136; 2012, c.39, s.111; 2017, c.20, s.134; 2020, c.25, s.83